Common use of VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK Clause in Contracts

VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK. Violations including but not limited to a violation of a stop order, fishing in a closed area, transfer of fish from a non- sector vessel to a sector vessel, transferring fish to a non- Sector vessel (including a non-Sector vessel owned or operated by a Permit holder), subverting the reporting requirements (misappropriating landings) or any other action which could cause the authorized MCCS allocation to be in violation of its agreement. Up to $50,000 (loss of fishing rights for 365 days) Expulsion VIOLATIONS REGARDING MEMBERSHIP COMMITMENT Violation of 50 CFR Part 48 or failing to remain in the Sector for the Commitment Period (i.e., breach of Section 2.03 of the Agreement). $10,000 N/A N/A 1 2 * Penalties may be based on reductions in ACE instead of, or as an alternative to, dollar amounts. 1 EXHIBIT B 3 SECTOR AND INDIVIDUAL ACE ALLOCATION 4 Fishing Year 2021 5 Maine Coast Community Groundfish Sector (“MCCS” or “Sector”) 7 As determined in Groundfish Amendment 16, “Sector ACE” will be based on the landings history 8 of each permit brought into the Sector for the time period FY1996-FY2006 (the “Potential Sector 9 Contribution” or “PSC”). The Sector ACE, therefore, is the sum of all of the individual permit 10 ACE’s brought into the Sector. As determined by MCCS Members, the initial individual 11 allocation of the Sector ACE to its Members will be equal to each Member’s individual Potential 12 Sector Contribution, and is referred to as an “Individual ACE”. Individual ACE allocations will 13 be received and maintained by each individual Member and the Sector Manager. The ACE, 14 allocated by GARFO to MCCS for FY 2021 & FY 2022 will be available in the Northeast 15 Multispecies Fisheries Sector Operations Plans and Contracts and Allocation of Northeast 16 Multispecies Annual Catch Entitlement Final Rule as published by GARFO. 18 As indicated in section 4.09 and Exhibit C, ACE may be pooled or transferred within the Sector.

Appears in 3 contracts

Samples: Operations Plan and Agreement, Operations Plan and Agreement, Operations Plan and Agreement

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VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK. Violations including but not limited to a violation of a stop order, fishing in a closed area, transfer of fish from a non- non-sector vessel to a sector vessel, transferring fish to a non- non-Sector vessel (including a non-Sector vessel owned or operated by a Permit holder), subverting the reporting requirements (misappropriating landings) or any other action which could cause the authorized MCCS allocation to be in violation of its agreement. Up to $50,000 (loss of fishing rights for 365 days) Expulsion VIOLATIONS REGARDING MEMBERSHIP COMMITMENT Violation of 50 CFR Part 48 or failing to remain in the Sector for the Commitment Period (i.e., breach of Section 2.03 of the Agreement). $10,000 N/A N/A 1 2 * Penalties may be based on reductions in ACE instead of, or as an alternative to, dollar amounts. 1 EXHIBIT B 3 SECTOR AND INDIVIDUAL ACE ALLOCATION 4 Fishing Year 2021 2014 5 Maine Coast Community Groundfish Sector (“MCCS” or “Sector”) 7 As determined in Groundfish Amendment 16, “Sector ACE” will be based on the landings 8 history 8 of each permit brought into the Sector for the time period FY1996-FY2006 (the 9 “Potential Sector 9 Contribution” or “PSC”). The Sector ACE, therefore, is the sum of all of the 10 individual permit 10 ACE’s brought into the Sector. As determined by MCCS Members, the initial 11 individual 11 allocation of the Sector ACE to its Members will be equal to each Member’s 12 individual Potential 12 Sector Contribution, and is referred to as an “Individual ACE”. 14 Table B.1 shows the preliminary Sector ACE as a percentage of the overall total allowable catch 15 and total pounds basis for each allocated species. This estimate is based on the final roster as of 16 December 1, 2011 and may be subject to final adjustment by NMFS. Individual ACE allocations 17 will 13 be received and maintained by each individual Member and the Sector Manager. The ACE, 14 allocated by GARFO to MCCS for FY 2021 & FY 2022 will be available in the Northeast 15 Multispecies Fisheries Sector Operations Plans and Contracts and Allocation of Northeast 16 Multispecies Annual Catch Entitlement Final Rule as published by GARFO. 18 As indicated in section 4.09 and Exhibit C, ACE may be pooled or transferred within the Sector.

Appears in 2 contracts

Samples: Operations Plan and Agreement, Operations Plan and Agreement

VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK. Violations including but not limited to a violation of a stop order, fishing in a closed area, transfer of fish from a non- sector vessel to a sector vessel, transferring fish to a non- Sector vessel (including a non-Sector vessel owned or operated by a Permit holder), subverting the reporting requirements (misappropriating landings) or any other action which could cause the authorized MCCS allocation to be in violation of its agreement. Up to $50,000 (loss of fishing rights for 365 days) Expulsion VIOLATIONS REGARDING MEMBERSHIP COMMITMENT Violation of 50 CFR Part 48 or failing to remain in the Sector for the Commitment Period (i.e., breach of Section 2.03 of the Agreement). $10,000 N/A N/A 1 2 * Penalties may be based on reductions in ACE instead of, or as an alternative to, dollar amounts. 1 EXHIBIT B 3 SECTOR AND INDIVIDUAL ACE ALLOCATION 4 Fishing Year 2021 2017 5 Maine Coast Community Groundfish Sector (“MCCS” or “Sector”) 7 As determined in Groundfish Amendment 16, “Sector ACE” will be based on the landings history 8 of each permit brought into the Sector for the time period FY1996-FY2006 (the “Potential Sector 9 Xxxxxx 0 Contribution” or “PSC”). The Sector ACE, therefore, is the sum of all of the individual permit 10 ACE’s brought into the Sector. As determined by MCCS Members, the initial individual 11 allocation of the Sector ACE to its Members will be equal to each Member’s individual Potential 12 Sector Contribution, and is referred to as an “Individual ACE”. Individual ACE allocations will 13 be received and maintained by each individual Member and the Sector Manager. The ACE, 14 allocated by GARFO to MCCS for FY 2021 2017 & FY 2022 2018 will be available in the Northeast 15 Multispecies Fisheries Sector Operations Plans and Contracts and Allocation of Northeast 16 Multispecies Annual Catch Entitlement Final Rule as published by GARFO. 18 As indicated in section 4.09 and Exhibit C, ACE may be pooled or transferred within the Sector.

Appears in 1 contract

Samples: Operations Plan and Agreement

VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK. Violations including but not limited to a violation of a stop order, fishing in a closed area, transfer of fish from a non- non-sector vessel to a sector vessel, transferring fish to a non- non-Sector vessel (including a non-Sector vessel owned or operated by a Permit holder), subverting the reporting requirements (misappropriating landings) or any other action which could cause the authorized MCCS allocation to be in violation of its agreement. Up to $50,000 (loss of fishing rights for 365 days) Expulsion VIOLATIONS REGARDING MEMBERSHIP COMMITMENT Violation of 50 CFR Part 48 or failing to remain in the Sector for the Commitment Period (i.e., breach of Section 2.03 of the Agreement). $10,000 N/A N/A 1 2 * Penalties may be based on reductions in ACE instead of, or as an alternative to, dollar amounts. 1 EXHIBIT B 3 SECTOR AND INDIVIDUAL ACE ALLOCATION 4 Fishing Year 2021 2015 5 Maine Coast Community Groundfish Sector (“MCCS” or “Sector”) 7 As determined in Groundfish Amendment 16, “Sector ACE” will be based on the landings 8 history 8 of each permit brought into the Sector for the time period FY1996-FY2006 (the 9 “Potential Sector 9 Contribution” or “PSC”). The Sector ACE, therefore, is the sum of all of the 10 individual permit 10 ACE’s brought into the Sector. As determined by MCCS Members, the initial 11 individual 11 allocation of the Sector ACE to its Members will be equal to each Member’s 12 individual Potential 12 Sector Contribution, and is referred to as an “Individual ACE”. Individual 13 ACE allocations will 13 be received and maintained by each individual Member and the Sector Xxxxxx 00 Manager. The ACE, 14 allocated by GARFO NMFS to MCCS for FY 2021 2015 & FY 2022 2016 will be available in 15 the Northeast 15 Multispecies Fisheries Sector Operations Plans and Contracts and Allocation of 16 Northeast 16 Multispecies Annual Catch Entitlement Final Rule as published by GARFONMFS. 18 20 As indicated in section 4.09 and Exhibit C, ACE may be pooled or transferred within the Sector.

Appears in 1 contract

Samples: Operations Plan and Agreement

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VIOLATIONS THAT PLACE THE SECTOR AGREEMENT AT RISK. Violations including but not limited to a violation of a stop order, fishing in a closed area, transfer of fish from a non- sector vessel to a sector vessel, transferring fish to a non- Sector vessel (including a non-Sector vessel owned or operated by a Permit holder), subverting the reporting requirements (misappropriating landings) or any other action which could cause the authorized MCCS allocation to be in violation of its agreement. Up to $50,000 (loss of fishing rights for 365 days) Expulsion VIOLATIONS REGARDING MEMBERSHIP COMMITMENT Violation of 50 CFR Part 48 or failing to remain in the Sector for the Commitment Period (i.e., breach of Section 2.03 of the Agreement). $10,000 N/A N/A 1 2 * Penalties may be based on reductions in ACE instead of, or as an alternative to, dollar amounts. 1 EXHIBIT B 3 SECTOR AND INDIVIDUAL ACE ALLOCATION 4 Fishing Year 2021 2019 5 Maine Coast Community Groundfish Sector (“MCCS” or “Sector”) 7 As determined in Groundfish Amendment 16, “Sector ACE” will be based on the landings history 8 of each permit brought into the Sector for the time period FY1996-FY2006 (the “Potential Sector 9 Xxxxxx 0 Contribution” or “PSC”). The Sector ACE, therefore, is the sum of all of the individual permit 10 ACE’s brought into the Sector. As determined by MCCS Members, the initial individual 11 allocation of the Sector ACE to its Members will be equal to each Member’s individual Potential 12 Sector Contribution, and is referred to as an “Individual ACE”. Individual ACE allocations will 13 be received and maintained by each individual Member and the Sector Manager. The ACE, 14 allocated by GARFO to MCCS for FY 2021 2019 & FY 2022 2020 will be available in the Northeast 15 Multispecies Fisheries Sector Operations Plans and Contracts and Allocation of Northeast 16 Multispecies Annual Catch Entitlement Final Rule as published by GARFO. 18 As indicated in section 4.09 and Exhibit C, ACE may be pooled or transferred within the Sector.

Appears in 1 contract

Samples: Operations Plan and Agreement

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