Common use of Violation Regarding Exemption Permit Requirements Clause in Contracts

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED AT-SEA MONITORING PROGRAM All violations including but not limited to a violation by Member/Xxxxxx that fails to comply with the ASM cancellation policy established by the Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); subverting vessel selection with No Call/No Show activity; ASM refusal. any associated cost associated cost month All violations including but not limited to: unreasonable interference with onboard data collectors; failing to participate in Sector Catch Monitoring Programs; (technical and minor violations may result in a letter of warning). Written Warning and payment of any associated cost. The Captain and the owner must meet with the enforcement board Written final warning. Double the payment of any associated cost. The Captain and the owner must meet with the enforcement board Stop fishing order to the vessel for remainder of the year All violations associated with failure to pay ASM fee in a timely manner as invoiced by Sector. Written request for payment from the Board of Directors Written request for payment from the Enforcement Board and a 5% surcharge will be added to the total owed Confiscate sufficient quota to cover outstanding balance including any surcharge

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements i.e. vessel, asm and/or EM; or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED ATViolations Regarding the Sector’s At-SEA MONITORING PROGRAM Sea and/or Electronic Monitoring Program All violations including but not limited to a violation by a Member/Xxxxxx that fails to comply with the ASM Written Warning and Written Warning and Double the Stop Fishing order for the cancellation policy established by the Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s)Provider(s);sailing without an waiver on Audit EM trips; subverting vessel selection with No Call/No Show activityActivity; ASM refusal; failure to comply with Individual Vessel Monitoring Plan including but not limited to discarding fish at agreed upon site locations. payment of any associated cost costs. payment of any associated cost month costs. Vessel for one month. All violations including but by not limited to: unreasonable Written Written final Stop Fishing interference with onboard data collectorscollectors (NEFOP, ASM, Warning and warning. Double Order for the EM); failing obscuring cameras physically or by failure to clean, payment of the payment of Vessel for the Failing to participate in Sector Catch Monitoring Programs; Programs any associated any associated remainder of (note: technical and minor violations associated with sector costs. The costs. The the year. catch monitoring programs may result in a letter of warning). Written Warning Captain and payment of any associated cost. The Captain and the owner warning) the Owner Owner must must meet meet with the enforcement board Written final warningwith Enforcement Enforcement Board to discuss Board to said violation. Double the payment of any associated costdiscuss said violation. The Captain and the owner must meet with the enforcement board Stop fishing order to the vessel for remainder of the year All violations associated with failure to pay ASM and/or Written Written request Confiscate EM fee in a timely manner as invoiced by the Sector. Written request for for payment sufficient payment from from the quota from the Board of Directors Written request for payment from Enforcement the Enforcement member Directors. Board and a 5% to cover surcharge will be outstanding added to the balance total owed Confiscate sufficient quota to cover outstanding balance owed. including any surchargesurcharges.

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED ATViolations Regarding the Sector’s At-SEA MONITORING PROGRAM and/or Electronic Monitoring Program All violations including but not limited to a violation by a Member/Xxxxxx Vessel that fails to comply with the ASM Written Warning and Written Warning and Double the Stop Fishing order for the cancellation policy established by the Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); sailing without an waiver on Audit EM trips; subverting vessel selection with No Call/No Show activityActivity; ASM refusal; failure to comply with Individual Vessel Monitoring Plan including but not limited to discarding fish at agreed upon site locations. payment of any associated cost costs. payment of any associated cost month costs. Vessel for one month. All violations including but by not limited to: unreasonable interference with onboard data collectorscollectors (NEFOP, ASM, EM); failing obscuring cameras physically or by failure to clean, Failing to participate in Sector Catch Monitoring Programs; Programs (note: technical and minor violations associated with sector catch monitoring programs may result in a letter of warning). ) Written Warning and payment of any associated costcosts. The Captain and the owner Owner must meet with the enforcement board Enforcement Board to discuss said violation. Written final warning. Double the payment of any associated costcosts. The Captain and the owner Owner must meet with the enforcement board Enforcement Board to discuss said violation. Stop fishing order to Fishing Order for the vessel Vessel for the remainder of the year year. All violations associated with failure to pay ASM and/or EM fee in a timely manner as invoiced by the Sector. Written request for payment from the Board of Directors Directors. Written request for payment from the Enforcement Board and a 5% surcharge will be added to the total owed owed. Confiscate sufficient quota from the member to cover outstanding balance including any surchargesurcharges. Violations Regarding the Sector’s At-Sea Monitoring Program All violations including but not limited to a violation by a Member/Vessel that fails to comply with the ASM cancellation policy established by the Sector with the ASM Provider(s); subverting vessel selection with No Call/No Show Activity; ASM refusal. Written Warning and payment of any associated costs. Written Warning and Double the payment of any associated costs. Stop Fishing order for the Vessel for one month. All violations including by not limited to: unreasonable interference with onboard data collectors (NEFOP, ASM); failing to participate in Sector Catch Monitoring Programs (note: technical and minor violations associated with sector catch monitoring programs may result in a letter of warning) Written Warning and payment of any associated costs. The Captain and the Owner Written final warning. Double the payment of any associated costs. The Captain and the Owner must Stop Fishing Order for the Vessel for the remainder of the year. must meet with Enforcement Board to discuss said violation. meet with the Enforcement Board to discuss said violation. All violations associated with failure to pay ASM fee in Written Written request Confiscate sufficient a timely manner as invoiced by the Sector. request for for payment quota from the payment from from the member to cover the Board of Enforcement outstanding balance Directors. Board and a 5% including any surcharge will surcharges. be added to the total owed.

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED ATViolations Regarding the Sector’s At-SEA MONITORING PROGRAM Sea and/or Electronic Monitoring Program All violations including but not limited Written Warning Written Warning and Stop Fishing order to a violation by a Member/Xxxxxx Vessel that and payment of Double the payment of for the Vessel for fails to comply with the ASM any associated any associated costs. one month. cancellation policy established by the costs. Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); sailing without an waiver on Audit EM trips; subverting vessel selection with No Call/No Show activityActivity; ASM refusal. any associated cost associated cost month All violations ; failure to comply with Individual Vessel Monitoring Plan including but not limited to discarding fish at agreed upon site locations. All violations including by not Written Warning Written final warning. Stop Fishing Order limited to: unreasonable and payment of Double the payment for the Vessel for interference with onboard data collectorsany associated of any associated the remainder of collectors (NEFOP, ASM, EM); failing costs. The costs. The Captain the year. obscuring cameras physically or by Captain and the and the Owner must failure to clean, Failing to Owner must meet with the participate in Sector Catch meet with Enforcement Board to Monitoring Programs; Programs (note: Enforcement discuss said violation. technical and minor violations Board to discuss associated with sector catch said violation. monitoring programs may result in a letter of warning). Written Warning and payment of any associated cost. The Captain and the owner must meet with the enforcement board Written final warning. Double the payment of any associated cost. The Captain and the owner must meet with the enforcement board Stop fishing order to the vessel for remainder of the year ) All violations associated with failure to pay ASM and/or EM fee in a timely manner as invoiced by the Sector. Written request for payment from the Board of Directors Directors. Written request for payment from the Enforcement Board and a 5% surcharge will be added to the total owed owed. Confiscate sufficient quota from the member to cover outstanding balance including any surchargesurcharges.

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. Violations Regarding the Sector’s At-Sea Monitoring Program Note: An Individual Member found to have committed an ASM violation, will continue to have any penalties as IDENTIFIED BELOW ASSOCIATED WITH SAID ASM VIOLATIONS SPECIFIC TO APPLIED REGARDLESS OF WHETHER OR NOT SOME OR ALL OF THE INDUSTRY FUNDED AT-SEA MONITORING PROGRAM Sectors ASM costs are covered by NMFS. All violations including but not limited to a violation by a Member/Xxxxxx Vessel that fails to comply with the ASM cancellation policy established by the Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); subverting vessel selection with No Call/No Show activityActivity; ASM refusal. Written Warning and payment of any associated cost costs. Written Warning and Double the payment of any associated cost month costs. Stop Fishing order for the Vessel for one month. All violations including but by not limited to: unreasonable interference with onboard data collectorscollectors (NEFOP, ASM); failing to participate in Sector Catch Monitoring Programs; Programs (note: technical and minor violations associated with sector catch monitoring programs may result in a letter of warning). ) Written Warning and payment of any associated costcosts. The Captain and the owner Owner must meet with the enforcement board Enforcement Board to discuss said violation. Written final warning. Double the payment of any associated costcosts. The Captain and the owner Owaner must meet with the enforcement board Enforcement Board to discuss said violation. Stop fishing order to Fishing Order for the vessel Vessel for the remainder of the year year. All violations associated with failure to pay ASM fee in a timely manner as invoiced by the Sector. Written request for payment from the Board of Directors Directors. Written request for payment from the Enforcement Board and a 5% surcharge will be added to the total owed owed. Confiscate sufficient quota from the member to cover outstanding balance including any surchargesurcharges.

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to Written Written Warning Written comply with a permit condition/restriction/letter of Warning or up and $10,000.00‐ Warning and authorization issued to Sector Vessels by the Regional to $10,000.00 $50,000.00. up to Administrator; or failure to comply with VMS/DAS $100,000.00 requirements. (Technical and minor violations may and/or stop result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption Written Written Warning Written areas, closed fisheries, closed season, restricted Warning or up and $20,000.00‐ Warning and gear/management areas. (Technical and minor to $20,000.00 $50,000.00. up to violations may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a Written Stop fishing Expulsion. stop fishing order, fishing in a closed area, transfer of fish Warning and order or from non-sector non‐sector vessel to a sector vessel, transfer of fish up to Expulsion. from sector vessel to a non-sector non‐sector vessel; subverting the $50,000.00 or reporting requirements or any other action so egregious stop fishing that it would severely jeopardize the Sectors existing order. and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED AT-SEA AT‐SEA MONITORING PROGRAM All violations including but not limited to a violation by Written Written Warning Written Member/Xxxxxx Vessel that fails to comply with the ASM Warning or up and up to Warning and cancellation policy established by the Sector with the to $5000.00 $7,500.00. up to ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); subverting vessel selection with No $10,000.00 Call/No Show activity; and/or stop fishing order. ASM refusalRefusals Written Written Warning Written Warning or up and up to Warning and to $5000.00 $7,500.00. any associated cost associated cost month up to $10,000.00 and/or stop fishing order. All violations including but not limited to: unreasonable Written Written Warning Written interference with onboard data collectors; failing to Warning or up and up to Warning and participate in Sector Catch Monitoring Programs; to $5000.00 $7,500.00. up to (technical and minor violations may result in a letter of $10,000.00 warning). Written Warning and payment of any associated costand/or stop fishing order. The Captain and the owner must meet with the enforcement board Written final warning. Double the payment of any associated cost. The Captain and the owner must meet with the enforcement board Stop fishing order to the vessel for remainder of the year All violations associated with failure to pay ASM fee in a Written Written Warning Written timely manner as invoiced by Sector. Written request for payment from the Board of Directors Written request for payment from the Enforcement Board Warning or up and a 5% surcharge will be added up to the total owed Confiscate sufficient quota Warning and to cover outstanding balance including any surcharge$5000.00 $7,500.00. up to $10,000.00 and/or stop fishing order. Administrative Provisions Addendum 1 Exhibit F:

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply Written Written Warning Written with a permit condition/restriction/letter of authorization Warning or up and $10,000.00- Warning and issued to Sector Vessels by the Regional Administrator; or to $10,000.00 $50,000.00. up to failure to comply with VMS/DAS requirements. (Technical $100,000.00 and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and $10,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, Written Written Warning Written closed fisheries, closed season, restricted Warning or up and $20,000.00- Warning and gear/management areas. (Technical and minor violations to $20,000.00 $50,000.00. up to may result in a letter of warning). Written Warning or up to $20,000.00 Written Warning and $20,000.00- $50,000.00. Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a Written Stop fishing Expulsion. stop fishing order, fishing in a closed area, transfer of fish Warning and order or from non-sector vessel to a sector vessel, transfer of fish up to Expulsion. from sector vessel to a non-sector vessel; subverting the $50,000.00 or reporting requirements or any other action so egregious stop fishing that it would severely jeopardize the Sectors existing and order. future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. Stop fishing order or Expulsion. Expulsion. VIOLATIONS SPECIFIC TO THE INDUSTRY FUNDED AT-SEA MONITORING PROGRAM All violations including but not limited to a violation by Verbal Written Warning Double Member/Xxxxxx Vessel that fails to comply with the ASM Warning & Full & Full Payment Payment of cancellation policy established by the Sector with the ASM Written Warning and payment Payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 ASM Cost ASM Costs Provider(s); subverting vessel selection with No Call/No ASM Cost associated with associated Show activity; associated with activity activity. with Activity ASM refusal. any associated cost associated cost month Refusals Verbal Warning Written Warning Stop Fishing Order All violations including but not limited to: unreasonable interference with onboard data collectors; failing to participate in Sector Catch Monitoring Programs; (technical and minor violations may result in a letter of warning). Written Warning and/or $1,000.00 fine Written Warning and payment of any associated cost. The Captain $5,000.00 fine Stop Fishing Order and the owner must meet with the enforcement board Written final warning. Double the payment of any associated cost. The Captain and the owner must meet with the enforcement board Stop fishing order to the vessel for remainder of the year $10,000.00 fine All violations associated with failure to pay ASM fee in a timely manner as invoiced by Sector. Verbal and/or written warning Written request for payment from the Board Warning & Full Payment of Directors Written request for payment from the Enforcement Board and a 5ASM Cost plus fine of 25% surcharge will be added to the total owed Confiscate sufficient quota to cover of outstanding balance including any surchargeASM Cost Stop Fishing Order until Full Payment of ASM Cost plus fine of 50% of outstanding ASM Cost is received in Full

Violation Regarding Exemption Permit Requirements. All violations including but not limited to: failure to comply with a permit condition/restriction/letter of authorization issued to Sector Vessels by the Regional Administrator; or failure to comply with VMS/DAS requirements. (Technical and minor violations may result in a letter of warning). Written Warning or up to $10,000.00 Written Warning and or up to $10,000.00- $50,000.00. 10,000.00 Written Warning and up to $100,000.00 and/or stop fishing order. Violation Regarding Time/Area/Gear Restrictions All violations including but not limited to: exemption areas, closed fisheries, closed season, restricted gear/management areas. (Technical and minor violations may result in a letter of warning). Written Warning or up to $20,000.00 5,000 Written Warning and or up to $20,000.00- $50,000.00. 20,000.00 Written Warning and up to $100,000.00 and/or expulsion. Violations that Place the Sector Agreement at Risk All violations including but not limited to a violation of a stop fishing order, fishing in a closed area, transfer of fish from non-sector vessel to a sector vessel, transfer of fish from sector vessel to a non-sector vessel; subverting the reporting requirements or any other action so egregious that it would severely jeopardize the Sectors existing and future authorization(s). Written Warning and up to $50,000.00 or stop fishing order. 5,000 Stop fishing order or Expulsion. Expulsion. Violations Regarding the Sector’s At-Sea Monitoring Program Note: An Individual Member found to have committed an ASM violation, will continue to have any penalties as IDENTIFIED BELOW ASSOCIATED WITH SAID ASM VIOLATIONS SPECIFIC TO APPLIED IRREGARDLESS OF WHETHER OT NOT SOME OR ALL OF THE INDUSTRY FUNDED AT-SEA MONITORING PROGRAM Sectors ASM costs are covered by NMFS. All violations including but not limited to a violation by a Member/Xxxxxx Vessel that fails to comply with the ASM cancellation policy established by the Sector with the ASM Written Warning and payment of Written warning. Double the payment of any Stop fishing order to the vessel for 1 Provider(s); subverting vessel selection with No Call/No Show activityActivity; ASM refusal. Written Warning and payment of any associated cost costs. Written Warning and Double the payment of any associated cost costs. Stop Fishing for up to one month and associated costs. All violations including but by not limited to: unreasonable interference with onboard data collectorscollectors (NEFOP, ASM); failing to participate in Sector Catch Monitoring Programs; Programs (note: technical and minor violations associated with sector catch monitoring programs may result in a letter of warning). ) Written Warning and payment of any associated costcosts. The Captain and the owner Owner must meet with the enforcement board Enforcement Board to discuss said violation. Written final warning. Double the payment of any associated costcosts. The Captain and the owner Owaner must meet with the enforcement board Enforcement Board to discuss said violation. Stop fishing order to Fishing Order for the vessel Vessel for remainder of the year one month. All violations associated with failure to pay ASM fee in a timely manner as invoiced by the Sector. Written request for payment from the Board of Directors Directors. Written request for payment from the Enforcement Board and a 5% surcharge will be added to the total owed owed. Confiscate sufficient quota from the member to cover outstanding balance including any surchargesurcharges.