Common use of Binding Arbitration Clause in Contracts

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 4 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 5 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 6 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 7 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 8 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 9 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 10 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 11 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 12 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 13 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 14 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 15 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 16 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 17 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 18 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 19 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 21 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 22 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 23 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 24 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 25 barred by an 6 applicable statute of limitations. 8 26 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 27 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 28 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 29 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 30 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 1 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 2 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 16 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 17 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 18 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 19 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 20 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 21 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 22 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 23 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 24 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 25 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 26 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 27 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 28 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 29 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 30 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 31 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 2 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 3 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 4 event will arbitration be available pursuant to this paragraph after the date when commencement of 5 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 6 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 9 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 10 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 11 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 12 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 13 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 14 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 15 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 16 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 17 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 18 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 19 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 20 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 21 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 22 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 23 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 24 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 26 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 27 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 28 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 29 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 30 barred by an 6 applicable statute of limitations. 8 . 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 28 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 2 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 3 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 7 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 8 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 9 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 10 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 11 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 12 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 13 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 14 of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 15 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 16 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 17 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 18 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 19 statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 21 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andregulatory

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 41 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 42 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 43 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 44 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 45 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 46 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 47 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 1 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 2 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 3 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 4 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 5 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 6 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 7 member, which costs shall be immediately due and payable. In no event will arbitration be 5 9 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 10 applicable statute of limitations. 8 12 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 13 including any court, with the exception of NOAA in its oversight role for the purposes of 10 14 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 15 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 16 require any further action of enforcement or collection once docketed with the records of the 13 17 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 18 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 21 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 22 enforce any decision against any member in breach by an action for specific performance, 19 23 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 24 parties, it being understood and agreed that the Federal court for the District of Massachusetts and

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 18 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 19 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 20 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 21 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 22 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 23 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 24 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 25 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 26 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 27 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 28 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 29 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 30 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 31 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 1 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 2 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 4 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 5 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 6 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 7 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 8 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member Member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand the Massachusetts Superior Court for the County where the registered office of the Sector is located shall be deemed to have such jurisdiction

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 8 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 9 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 10 first be submitted to a mediation which shall be conducted by one mutually agreeable member of the 11 Sector Board of Directors, NESSN Board of Directors or by some other mutually agreeable independent 12 person. If the parties cannot agree on a mediator, the NESSN Board will appoint a mediator. The 13 mediation must take place within two weeks of the written request for mediation, unless otherwise 14 agreed upon by both parties. If mediation is unsuccessful, the parties shall submit to binding arbitration 15 by any party. The parties shall choose a mutually agreeable single arbitrator. If the parties cannot agree 16 upon an arbitrator, they shall present the request names of any party at interest. Any person 33 nominated three potential arbitrators to the previously agreed 17 upon mediator and that mediator shall select one of those nominees to serve as an independent 18 arbitrator. When making that determination, the mediator shall ensure that the person serving as an 19 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and 20 experience and consideration shall be given to whether (or not) the proposed arbitrator 21 has meaningful experience in the fishing industry, either have (a) having held a federal fishing 22 master 35 license for at least ten years, or (b) been experience as an attorney at law or accountant practicing in the area of fisheries 23 for at 36 least ten (10) years. 37 The party’s written request for arbitration shall include a basic statement of 24 the name of issue to be arbitrated, along with all supporting documentation, and an invitation to the arbitrator selected by the 38 other 25 party requesting arbitrationto discuss potential arbitrators. The respondent Responding party shall have ten days briefly respond to provide written notice of 39 the name of issues 26 raised in the arbitrator it has selectedrequest or arbitration, if anyassert any applicable defenses, include all supporting 27 documentation, and shall thereafter confer about proposed arbitrators. If the other party timely selects a second 40 parties cannot 28 agree upon an arbitrator, the two arbitrators will jointly they shall select a third arbitrator date (within ten days. If one week of the other 41 party does not timely select discussion) to submit 29 the second arbitrator, there shall be only names of their three potential arbitrators to the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereaftermediator for his/her consideration. Any 30 arbitrator must have no material ties to the sector parties, the Sector or any memberMember of the Sector. The 44 31 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the 1 arbitration rules of (but not by) the 46 American Federal Arbitration AssociationAct unless the parties agree to another set of arbitration 2 rules. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her 3 or their sole discretion. All costs of arbitration arbitration, including but not limited to the all fees and costs payable 4 to the arbitrator shall be borne by 1 the party requesting the samearbitration. Each party shall bear its own 5 costs of preparation and presentation, 2 unless, in the case of the sectorSector as a party, the Board reasonably 6 determines to assess such costs to the applicable 3 memberMember, which costs shall be immediately due and 7 payable. In no event will arbitration be 5 available pursuant to this paragraph after the date when 8 commencement of such legal or equitable proceedings based on such claim, dispute, dispute or other matter in 9 question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of In actions between Members where 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with agree that the records of the 13 sector. In breach by any member of performance thereofSector is a necessary party, the sector manager may sua sponte parties shall share the Sector’s arbitration 11 costs, including arbitrator’s fees and costs of presentation. Where one party alone asserts that the 12 Sector is a necessary party, that party shall bear the Sector’s arbitration costs. Nothing herein shall 13 prevent the arbitrator(s) from assessing or apportioning all arbitration costs and fees against or between 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andwhere a party’s claims are frivolous, brought in bad faith or merely to cause delay, or as justice 15 requires.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 26 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 27 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 28 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 29 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 1 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 2 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 3 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 4 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 5 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 6 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 7 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 8 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 9 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 10 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 11 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 12 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 14 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 15 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 16 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 17 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 18 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 11 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement 12 through 31 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct 13 negotiation 32 shall first be submitted to a mediation which shall be conducted by one mutually 14 agreeable member of the Sector Board of Directors, NESSN Board of Directors or by some other 15 mutually agreeable independent person. If the parties cannot agree on a mediator, the NESSN Board 16 will appoint a mediator. The mediation must take place within two weeks of the written request for 17 mediation, unless otherwise agreed upon by both parties. If mediation is unsuccessful, the parties 18 shall submit to binding arbitration by any party. The parties shall choose a mutually agreeable single 19 arbitrator. If the parties cannot agree upon an arbitrator, they shall present the request names of any party at interestthree 20 potential arbitrators to the previously agreed upon mediator and that mediator shall select one of 21 those nominees to serve as an independent arbitrator. Any When making that determination, the 22 mediator shall ensure that the person 33 nominated serving as an arbitrator hereunder by any person shall be a person of 23 mature, sound and 34 reasonable business judgment and experience and consideration shall be 24 given to whether (or not) the proposed arbitrator has meaningful experience in the 25 fishing industry, either have (a) having held a federal fishing master 35 license for at least ten years, or (b) been experience as an 26 attorney at law or accountant practicing in the area of fisheries for at 36 least ten (10) years. 37 The party’s 27 written request for arbitration shall include the name a basic statement of the arbitrator selected by issue to be arbitrated, along 28 with all supporting documentation, and an invitation to the 38 other party requesting arbitrationto discuss potential 29 arbitrators. The respondent Responding party shall have ten days briefly respond to provide written notice of 39 the name of issues raised in the arbitrator it has selectedrequest or 30 arbitration, if anyassert any applicable defenses, include all supporting documentation and shall 31 thereafter confer about proposed arbitrators. If the other party timely selects a second 40 parties cannot agree upon an arbitrator, the two arbitrators will jointly 32 they shall select a third arbitrator date (within ten days. If one week of the other 41 party does not timely select discussion) to submit the second arbitrator, there shall be only names of their three 1 potential arbitrators to the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereaftermediator for his/her consideration. Any arbitrator must have no 2 material ties to the sector parties, the Sector or any memberMember of the Sector. The 44 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 3 will be final and binding. The arbitration will be conducted under the arbitration rules of (but not by) the 46 American 4 Federal Arbitration AssociationAct unless the parties agree to another set of arbitration rules. The parties will 5 be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration 7 arbitrator shall be borne by 1 the party requesting the samearbitration. Each party shall bear its own costs of 8 preparation and presentation, 2 unless, in the case of the sectorSector as a party, the Board reasonably 9 determines to assess such costs to the applicable 3 memberMember, which costs shall be immediately due and 10 payable. In no event will arbitration be 5 available pursuant to this paragraph after the date when 11 commencement of such legal or equitable proceedings based on such claim, dispute, dispute or other matter in 12 question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind In actions between Members where 13 the parties and shall not 12 require any further action of enforcement or collection once docketed with agree that the records of the 13 sector. In breach by any member of performance thereofSector is a necessary party, the sector manager may sua sponte parties shall share the Sector’s arbitration 14 costs, including arbitrator’s fees and 14 without any notice costs of presentation. Where one party alone asserts that the 15 Sector is a necessary party, that party shall bear the Sector’s arbitration costs. Nothing herein hall 16 prevent the arbitrator(s) from assessing or hearing issues a Stop Fishing Order apportioning all arbitration costs and fees against or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 between parties, it being understood and agreed that the Federal court for the District of Massachusetts andwhere a party’s claims are frivolous, brought in bad faith or merely to cause delay, or 18 as justice requires.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 10 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 11 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 12 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 13 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 14 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten ( 10) 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (( or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or Orderor an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 24 the Massachusetts Superior Court for the County where the registered office of the sector is 25 located shall be deemed to have such jurisdiction. 2 1. Sector Members: The following table identifies all NEFS 11 members. 20 150208 unnamed (CPH) 85 151405 unnamed (CPH) 98 221742 Last ▇▇▇▇▇ 101 144049 Sweet Scantum II (CPH) 193 231422 ▇▇▇▇▇ ▇▇▇ 209 151577 ▇▇▇▇▇▇ ▇▇▇▇ (CPH) 270 146669 ▇▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 291 240738 ▇▇▇▇▇ ▇▇▇▇▇ (CPH) 298 149374 Rim Rack 300 223596 Pier Pressure (CPH) 344 152708 Skiff (CPH) 350 149502 unnamed (CPH) 389 152372 ▇▇▇▇▇▇ ▇▇▇ (CPH) 437 131421 Lady ▇▇▇▇▇▇▇▇ 438 310609 ▇▇▇ ▇▇▇▇▇ 509 147937 ▇▇▇▇▇▇ ▇▇▇▇▇ 541 150865 Delilah (CPH) 1197 148571 Lady ▇▇▇▇▇▇▇▇ (CPH) 1390 149302 Red Dog 1419 146928 ▇▇▇▇ ▇▇▇▇▇ 1425 150208 Paniolo 1572 150341 Gipper 1573 151180 Skiff (CPH) 1694 152682 Dewy 1717 152524 Miss Maura 1735 118675 ▇▇▇▇▇ ▇▇▇▇▇▇▇ (CPH) 1745 149496 ▇▇▇▇▇▇▇▇ ▇ (CPH) 1747 151405 ▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 1765 109689 ▇▇▇▇ ▇▇▇▇ (CPH) 1782 148837 Wil-Mar 1789 151714 Witchcraft 1879 147937 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (CPH) 1891 150511 Cupcake (CPH) 1913 150647 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ 1920 146679 ▇▇▇▇▇ ▇▇▇▇ (CPH) 1969 148106 ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ 1990 233539 ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ (CPH) 2007 221526 ▇▇▇▇▇▇▇▇▇▇▇ ▇ (CPH) 2058 151568 Calculated Risk II (CPH) 2077 151663 ▇▇▇▇▇ 2241 150718 unnamed

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 15 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 16 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 17 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 18 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 19 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 20 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 21 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 22 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 23 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 24 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 25 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 26 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 27 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 28 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 29 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 30 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 31 of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 1 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 2 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 3 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 4 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 5 statute of limitations. 8 6 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 7 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory 8 compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 9 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 10 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 11 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andFishing

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 13 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 14 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 15 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 16 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 17 reasonable business judgment and experience and either have (a) held a federal fishing master 35 18 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 19 least ten years. 37 20 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 21 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 22 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 23 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 24 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 25 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 26 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 27 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 28 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 29 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 30 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 31 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 32 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 33 member, which costs shall be immediately due and payable. In no event will arbitration be 5 34 available pursuant to this paragraph after the date when commencement of such legal or equitable 35 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 36 applicable statute of limitations. 8 38 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 39 including any court, with the exception of NOAA in its oversight role for the purposes of 10 40 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 41 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 42 require any further action of enforcement or collection once docketed with the records of the 13 43 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 44 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 45 such member in breach. 17 1 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 2 enforce any decision against any member in breach by an action for specific performance, 19 3 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 4 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 5 the Massachusetts Superior Court for the County where the registered office of the sector is 6 located shall be deemed to have such jurisdiction. 8 Additionally, separate Sector Incident Reports will be submitted when necessary that will further 9 document compliance/enforcement concerns, sector enforcement issues, enforcement actions and 10 incident/non-compliance reports.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 28 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 23 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 24 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 25 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 26 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 27 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 28 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 29 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 30 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 1 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 2 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 3 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 4 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 5 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 6 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be 7 conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be 8 entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs 12 be available pursuant to this paragraph after the date when commencement of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 legal or equitable 13 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 14 statute of limitations. 8 15 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 including 16 any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andregulatory

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best 448 good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 449 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 450 first be submitted to a mediation which shall be conducted by one mutually agreeable member of the 451 Sector Board of Directorsor by some other mutually agreeable independent person. The mediation must 452 take place within two weeks of the written request for mediation, unless otherwise agreed upon by both 453 parties. If mediation is unsuccessful, the parties shall submit to binding arbitration by any party. The 454 parties shall choose a mutually agreeable single arbitrator. If the parties cannot agree upon an arbitrator, 455 they shall present the request names of any party at interestthree potential arbitrators to the previously agreed upon mediator and 456 that mediator shall select one of those nominees to serve as an independent arbitrator. Any When making 457 that determination, the mediator shall ensure that the person 33 nominated serving as an arbitrator hereunder by any person shall be 458 a person of mature, sound and 34 reasonable business judgment and experience and consideration shall be 459 given to whether (or not) the proposed arbitrator has meaningful experience in the fishing industry, either have 460 (a) having held a federal fishing master 35 license for at least ten years, or (b) been experience as an attorney at law or accountant 461 practicing in the area of fisheries for at 36 least ten (10) years. 37 The party’s written request for arbitration 462 shall include the name a basic statement of the arbitrator selected by issue to be arbitrated, along with all supporting documentation, and 463 an invitation to the 38 other party requesting arbitrationto discuss potential arbitrators. The respondent Responding party shall have ten days briefly respond 464 to provide written notice of 39 the name of issues raised in the arbitrator it has selectedrequest or arbitration, if anyassert any applicable defenses, include all supporting 465 documentation and shall thereafter confer about proposed arbitrators. If the other party timely selects a second 40 parties cannot agree upon 466 an arbitrator, the two arbitrators will jointly they shall select a third arbitrator date (within ten days. If one week of the other 41 party does not timely select discussion) to submit the second arbitrator, there shall be only names of their 467 three potential arbitrators to the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereaftermediator for his/her consideration. Any arbitrator must have no 468 material ties to the sector parties, the Sector or any memberMember of the Sector. The 44 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be 469 final and binding. The arbitration will be conducted under the arbitration rules of (but not by) the 46 American Federal Arbitration Association470 Act unless the parties agree to another set of arbitration rules. The parties will be entitled to limited 471 discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration arbitration, 472 including but not limited to the all fees and costs payable to the arbitrator shall be borne by 1 the party 473 requesting the samearbitration. Each party shall bear its own costs of preparation and presentation, 2 unless, in 474 the case of the sectorSector as a party, the Board reasonably determines to assess such costs to the applicable 3 member475 Member, which costs shall be immediately due and payable. In no event will arbitration be 5 available 476 pursuant to this paragraph after the date when commencement of such legal or equitable proceedings 477 based on such claim, dispute, dispute or other matter in question would be barred by an 6 applicable statute of 478 limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind In actions between Members where the parties agree that the Sector is a necessary party, 479 the parties shall share the Sector’s arbitration costs, including arbitrator’s fees and costs of presentation. 480 Where one party alone asserts that the Sector is a necessary party, that party shall not 12 require any further action of enforcement bear the Sector’s 481 arbitration costs. Nothing herein hall prevent the arbitrator(s) from assessing or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte apportioning all 482 arbitration costs and 14 without any notice fees against or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 between parties, it being understood and agreed that the Federal court for the District of Massachusetts andwhere a party’s claims are frivolous, brought in bad 483 faith or merely to cause delay, or as justice requires. 484

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 28 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 29 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 30 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 1 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues issue a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 28 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 29 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 30 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 1 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 2 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 3 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 4 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 5 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 6 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 7 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 8 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 9 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 10 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 11 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 12 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 13 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 15 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 16 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 17 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 18 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 19 barred by an 6 applicable statute of limitations. 8 20 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 21 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 22 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 23 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 24 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 25 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 26 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 10 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 11 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 12 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 13 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 14 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 15 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 16 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 17 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 18 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 19 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 20 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 21 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 22 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 23 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 24 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 25 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 27 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 28 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 29 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 30 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 31 barred by an 6 applicable statute of limitations. 8 1 The final decision of the arbitrators Arbitrators shall not be subject to review or appeal by any other person, 9 2 including any court, with the exception of NOAA NMFS in its oversight role for the purposes of 10 statutory and 3 regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and 4 relinquished. Such final decision shall bind the parties and shall not 12 require any further action of 5 enforcement or collection once docketed with the records of the 13 sectorSector. In breach by any member Member of 6 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 7 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member In the event that the Parties are unable to resolve a Dispute within ten (10) Days of the initial meeting of senior officers in accordance with Section 8.1, such Dispute shall be resolved by binding arbitration in accordance with the following: 8.2.1 The arbitral tribunal (the "Tribunal") shall be composed of three (3) arbitrators appointed as follows: 8.2.1.1 each Party shall appoint an arbitrator, and the sector agree to exercise their best good faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 two arbitrators so appointed shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an appoint a third arbitrator hereunder by any person who shall be a person of mature, sound and 34 reasonable business judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years’ experience with FERC rules, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for arbitration regulations, and precedent, and who shall include the name act as president of the Tribunal; 8.2.1.2 if either Party fails to appoint an arbitrator selected within thirty (30) Days of receiving notice of the appointment of an arbitrator by the 38 party requesting arbitration. The respondent party other Party, such arbitrator shall be appointed by the American Arbitration Association or such other mediation or dispute resolution agency to which the Parties have ten days to provide written notice of 39 the name of the arbitrator it has selected, agreed; 8.2.1.3 if any. If the other party timely selects a second 40 arbitrator, the two arbitrators will jointly select to be appointed by the Parties fail to agree upon a third arbitrator within ten days. If thirty (30) Days of the other 41 party does not timely select appointment of the second arbitrator, there the third arbitrator shall be only appointed by the one arbitratorAmerican Arbitration Association or such other mediation or dispute resolution agency to which the Parties have agreed; and 8.2.1.4 should a vacancy arise because any arbitrator dies, resigns, refuses to act, or becomes incapable of performing his functions, the vacancy shall be filled by the method by which that arbitrator was originally appointed. The 42 single arbitrator or When a vacancy is filled the three arbitrators so selected will schedule newly established Tribunal shall exercise its discretion to determine whether any hearings shall be held again. 8.2.2 Each Party shall bear the arbitration hearing as soon as 43 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 decision expense of the arbitrator the Party appointed and the Parties shall share equally the expense of the third arbitrator. 8.2.3 Ten (10) Days after its constitution, the Tribunal shall convene a meeting with the Parties or their representatives to determine the procedure to be followed in the case arbitration. The procedure shall be as agreed by the Parties or, in default of a three arbitrator panelagreement, as determined by the decision Tribunal, and decisions of the majority) 45 will Tribunal as to procedure shall be final and binding. . 8.2.4 If an arbitrator appointed by one of the Parties fails or refuses to participate in the arbitration at any time after the hearings on the substance of the dispute have started, the remaining two (2) arbitrators may continue the arbitration and make an award without a vacancy being deemed to arise if, in their discretion, they determine that the failure or refusal of the other arbitrator to participate is without reasonable excuse. 8.2.5 Any award or procedural decision of the Tribunal shall be made by a majority and, in the event that no majority may be formed, the president of the Tribunal shall proceed as if he were a sole arbitrator. 8.2.6 The arbitration will arbitrators shall be conducted under required to issue their ruling in accordance with Illinois Law, the terms of this Agreement, and FERC rules, regulations, and precedent. 8.2.7 All decisions and awards of the Tribunal shall be final and binding on the Parties. 8.2.8 The Parties hereby expressly waive all rights of appeal or recourse from any decision or award hereunder to any court, except such rights as cannot be waived by the laws of the State of Illinois. 8.2.9 Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. 8.2.10 To the extent that the provisions of Sections 8.2.1 through 8.2.7 are silent on any matter relating to the arbitration, the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled Association (or such other mediation or dispute resolution agency to limited discovery as determined 47 by which the arbitrator(sParties have agreed) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andgovern.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good faith 30 24 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 25 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 26 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 27 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 28 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 29 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 1 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 2 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 3 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 4 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 5 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 7 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 8 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 9 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 10 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 12 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 13 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 14 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 15 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 16 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 26 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 direct 27 negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall be 28 submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as an 29 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment 30 and experience and either have (a) held a federal fishing master 35 license for at least ten (10) years, or (b) 31 been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 1 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 2 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 3 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the two 4 arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not timely 5 select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the three (3) 6 arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any arbitrator 7 must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in the case of 8 a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear its own costs of 12 preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to assess such costs 13 to the applicable 3 memberMember, which costs shall be immediately due and payable. In no event will arbitration 14 be 5 available pursuant to this paragraph after the date when commencement of such legal or equitable 15 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable 16 statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 8 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 9 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 10 first be submitted to a mediation which shall be conducted by one mutually agreeable member of the 11 Sector Board of Directors, NESSN Board of Directors or by some other mutually agreeable independent 12 person. If the parties cannot agree on a mediator, the NESSN Board will appoint a mediator. The 13 mediation must take place within two weeks of the written request for mediation, unless otherwise 14 agreed upon by both parties. If mediation is unsuccessful, the parties shall submit to binding arbitration 15 by any party. The parties shall choose a mutually agreeable single arbitrator. If the parties cannot agree 16 upon an arbitrator, they shall present the request names of any party at interest. Any person 33 nominated three potential arbitrators to the previously agreed 17 upon mediator and that mediator shall select one of those nominees to serve as an independent 18 arbitrator. When making that determination, the mediator shall ensure that the person serving as an 19 arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business judgment and 20 experience and consideration shall be given to whether (or not) the proposed arbitrator 21 has meaningful experience in the fishing industry, either have (a) having held a federal fishing 22 master 35 license for at least ten years, or (b) been experience as an attorney at law or accountant practicing in the area of fisheries 23 for at 36 least ten (10) years. 37 The party’s written request for arbitration shall include a basic statement of 24 the name of issue to be arbitrated, along with all supporting documentation, and an invitation to the arbitrator selected by the 38 other 25 party requesting arbitrationto discuss potential arbitrators. The respondent Responding party shall have ten days briefly respond to provide written notice of 39 the name of issues 26 raised in the arbitrator it has selectedrequest or arbitration, if anyassert any applicable defenses, include all supporting 27 documentation, and shall thereafter confer about proposed arbitrators. If the other party timely selects a second 40 parties cannot 28 agree upon an arbitrator, the two arbitrators will jointly they shall select a third arbitrator date (within ten days. If one week of the other 41 party does not timely select discussion) to submit 29 the second arbitrator, there shall be only names of their three potential arbitrators to the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereaftermediator for his/her consideration. Any 30 arbitrator must have no material ties to the sector parties, the Sector or any memberMember of the Sector. The 44 31 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration will be conducted under the 1 arbitration rules of (but not by) the 46 American Federal Arbitration AssociationAct unless the parties agree to another set of arbitration 2 rules. The parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her 3 or their sole discretion. All costs of arbitration arbitration, including but not limited to the all fees and costs payable 4 to the arbitrator shall be borne by 1 the party requesting the samearbitration. Each party shall bear its own 5 costs of preparation and presentation, 2 unless, in the case of the sectorSector as a party, the Board reasonably 6 determines to assess such costs to the applicable 3 memberMember, which costs shall be immediately due and 7 payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in available pursuant to this paragraph after the date when 9 question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of In actions between Members where 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with agree that the records of the 13 sector. In breach by any member of performance thereofSector is a necessary party, the sector manager may sua sponte parties shall share the Sector’s arbitration 11 costs, including arbitrator’s fees and costs of presentation. Where one party alone asserts that the 12 Sector is a necessary party, that party shall bear the Sector’s arbitration costs. Nothing herein shall 13 prevent the arbitrator(s) from assessing or apportioning all arbitration costs and fees against or between 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andwhere a party’s claims are frivolous, brought in bad faith or merely to cause delay, or as justice 15 requires.

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts andand 24 the Massachusetts Superior Court for the County where the registered office of the sector is 25 located shall be deemed to have such jurisdiction. 2 1. Sector Members: The following table identifies all NEFS 11 members. 20 150208 unnamed (CPH) 85 151405 unnamed (CPH) 98 221742 Last ▇▇▇▇▇ 101 144049 Sweet Sanctum II (CPH) 193 231422 ▇▇▇▇▇ ▇▇▇ 209 151577 ▇▇▇▇▇▇ ▇▇▇▇ (CPH) 253 122647 ▇▇▇▇▇▇▇▇ ▇ 270 146669 ▇▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 291 240738 ▇▇▇▇▇ ▇▇▇▇▇ 298 149374 Rim Rack 300 223596 Pier Pressure (CPH) 344 152708 Skiff (CPH) 350 149502 unnamed (CPH) 389 152372 ▇▇▇▇▇▇ ▇▇▇ (CPH) 437 131421 Lady ▇▇▇▇▇▇▇▇ 438 310609 ▇▇▇ ▇▇▇▇▇ 509 147937 ▇▇▇▇▇▇ ▇▇▇▇▇ 541 150865 Delilah (CPH) 1197 148571 Lady ▇▇▇▇▇▇▇▇ (CPH) 1390 149302 Red Dog 1419 146928 ▇▇▇▇ ▇▇▇▇▇ 1425 211035 Paniolo 1572 150341 Gipper 1573 151180 Skiff (CPH) 1694 152682 Dewy 1699 150583 unnamed 1735 118675 ▇▇▇▇▇ ▇▇▇▇▇▇▇ (CPH) 1745 149496 ▇▇▇▇▇▇▇▇ ▇ (CPH) 1747 151405 ▇▇▇▇▇▇ ▇▇▇▇▇ (CPH) 1765 109689 ▇▇▇▇ ▇▇▇▇ (CPH) 1781 146759 ▇▇▇▇ ▇▇▇▇ (CPH) 1782 148837 Wil-Mar 1789 151714 Witchcraft 1879 147937 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (CPH) 1891 150511 Cupcake (CPH) 1913 150647 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ 1920 146679 ▇▇▇▇▇ ▇▇▇▇ 1969 148106 ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ 1990 233539 Jacquie and ▇▇▇▇▇▇ (CPH) 2007 221526 ▇▇▇▇▇▇▇▇▇▇▇ ▇ (CPH) 2058 151568 Calculated Risk II (CPH) 2077 151663 ▇▇▇▇▇ 2241 150718 unnamed

Binding Arbitration. Each member and the sector agree to exercise their best good faith 30 33 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 34 direct negotiations. Breaches of this agreement which are not resolved through direct negotiation 32 35 shall be submitted to binding arbitration upon the request of any party at interest. Any person 33 36 nominated as an arbitrator hereunder by any person shall be a person of mature, sound and 34 37 reasonable business judgment and experience and either have (a) held a federal fishing master 35 38 license for at least ten years, or (b) been an attorney at law practicing in the area of fisheries for at 36 39 least ten years. 37 40 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 41 party requesting arbitration. The respondent party shall have ten days to provide written notice of 39 42 the name of the arbitrator it has selected, if any. If the other party timely selects a second 40 43 arbitrator, the two arbitrators will jointly select a third arbitrator within ten days. If the other 41 44 party does not timely select the second arbitrator, there shall be only the one arbitrator. The 42 45 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 46 possible thereafter. Any arbitrator must have no material ties to the sector or any member. The 44 47 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 1 will be final and binding. The arbitration will be conducted under the rules of (but not by) the 46 2 American Arbitration Association. The parties will be entitled to limited discovery as determined 47 3 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 4 the party requesting the same. Each party shall bear its own costs of preparation and presentation, 2 5 unless, in the case of the sector, the Board determines to assess such costs to the applicable 3 6 member, which costs shall be immediately due and payable. In no event will arbitration be 5 8 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 9 applicable statute of limitations. 8 11 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 12 including any court, with the exception of NOAA in its oversight role for the purposes of 10 13 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 14 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 15 require any further action of enforcement or collection once docketed with the records of the 13 16 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 17 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 18 such member in breach. 17 20 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 21 enforce any decision against any member in breach by an action for specific performance, 19 22 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 23 parties, it being understood and agreed that the Federal court for the District of Massachusetts and

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 18 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement Agreement through 31 19 direct negotiations. Breaches of this agreement Agreement which are not resolved through direct negotiation 32 shall 20 be submitted to binding arbitration upon the request of any party at interest. Any person 33 nominated as 21 an arbitrator hereunder by any person shall be a person of mature, sound and 34 reasonable business 22 judgment and experience and either have (a) held a federal fishing master 35 license for at least ten (10) 23 years, or (b) been an attorney at law practicing in the area of fisheries for at 36 least ten (10) years. 37 24 The party’s written request for arbitration shall include the name of the arbitrator selected by the 38 party 25 requesting arbitration. The respondent party shall have ten (10) days to provide written notice of 39 the 26 name of the arbitrator it has selected, if any. If the other party timely selects a second 40 arbitrator, the 27 two arbitrators will jointly select a third arbitrator within ten (10) days. If the other 41 party does not 28 timely select the second arbitrator, there shall be only the one arbitrator. The 42 single arbitrator or the 29 three (3) arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereafter. Any 30 arbitrator must have no material ties to the sector Sector or any memberMember. The 44 decision of the arbitrator (or in 31 the case of a three (3) arbitrator panel, the decision of the majority) 45 will be final and binding. The 1 arbitration will be conducted under the rules of (but not by) the 46 American Arbitration Association. The 2 parties will be entitled to limited discovery as determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each party shall bear 4 its own costs of preparation and presentation, 2 unless, in the case of the sectorSector, the Board determines to 5 assess such costs to the applicable 3 memberMember, which costs shall be immediately due and payable. In no 6 event will arbitration be 5 available pursuant to this paragraph after the date when commencement of 7 such legal or equitable proceedings based on such claim, dispute, or other matter in question would be 8 barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of 14 performance thereof, the sector manager Manager may sua sponte and 14 without any notice or hearing issues a Stop 15 Fishing Order or an Order of Expulsion respecting 15 such member Member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts and.

Binding Arbitration. Each member Member and the sector Sector agree to exercise their best good 8 faith 30 commercially reasonable efforts to resolve any disputes arising under this agreement through 31 direct negotiations12 mutually agreeable independent person. Breaches If the parties cannot agree on a mediator, the NESSN Board 13 will appoint a mediator. The mediation must take place within two weeks of this agreement which are not resolved through direct negotiation 32 the written request for 14 mediation, unless otherwise agreed upon by both parties. If mediation is unsuccessful, the parties shall be submitted 15 submit to binding arbitration by any party. The parties shall choose a mutually agreeable single 16 arbitrator. If the parties cannot agree upon an arbitrator, they shall present the request names of any party at interestthree 17 potential arbitrators to the previously agreed-upon mediator and that mediator shall select one of 18 those nominees to serve as an independent arbitrator. Any When making that determination, the mediator 19 shall ensure that the person 33 nominated serving as an arbitrator hereunder by any person shall be a person of mature, sound 20 and 34 reasonable business judgment and experience and consideration shall be given to 21 whether or not the proposed arbitrator has meaningful experience in the fishing 22 industry, either have (a) having held a federal fishing master 35 license or (b) experience as an attorney at 23 law or accountant practicing in fisheries for at least ten years, or (b10) been an attorney at law practicing in the area of fisheries for at 36 least ten years. 37 The party’s written request for 24 arbitration shall include the name a basic statement of the arbitrator selected by issue to be arbitrated, along with all supporting 25 documentation, and an invitation to the 38 other party requesting arbitrationto discuss potential arbitrators. The respondent 26 Responding party shall have ten days briefly respond to provide written notice of 39 the name of issues raised in the arbitrator it has selectedrequest or arbitration, if anyassert 27 any applicable defenses, include all supporting documentation and shall thereafter confer about 28 proposed arbitrators. If the other party timely selects a second 40 parties cannot agree upon an arbitrator, the two arbitrators will jointly they shall select a third arbitrator date 29 (within ten days. If one week of the other 41 party does not timely select discussion) to submit the second arbitrator, there shall be only names of their three potential arbitrators to 30 the one arbitrator. The 42 single arbitrator or the three arbitrators so selected will schedule the arbitration hearing as soon as 43 possible thereaftermediator for his/her consideration. Any arbitrator must have no material ties to the sector parties, 31 the Sector or any membermember of the Sector. The 44 decision of the arbitrator (or in the case of a three arbitrator panel, the decision of the majority) 45 will be final and binding. The arbitration 32 Arbitration will be conducted under the arbitration rules of (but not by) the 46 American Federal Arbitration AssociationAct unless the 1 parties agree to another set of arbitration rules. The parties will be entitled to limited discovery as 2 determined 47 by the arbitrator(s) in his, her or their sole discretion. All costs of arbitration shall be borne by 1 the party requesting the same. Each The party shall bear its own all costs of preparation 3 arbitration, including but not limited to all fees and presentation, 2 unless, in the case of the sector, the Board determines to assess such costs payable to the applicable 3 member, which costs shall be immediately due and payable. In no event will arbitration be 5 proceedings based on such claim, dispute, or other matter in question would be barred by an 6 applicable statute of limitations. 8 The final decision of the arbitrators shall not be subject to review or appeal by any other person, 9 including any court, with the exception of NOAA in its oversight role for the purposes of 10 statutory and regulatory compliance and consistency. Any right to any such appeal is hereby 11 irrevocably waived and relinquished. Such final decision shall bind the parties and shall not 12 require any further action of enforcement or collection once docketed with the records of the 13 sector. In breach by any member of performance thereof, the sector manager may sua sponte and 14 without any notice or hearing issues a Stop Fishing Order or an Order of Expulsion respecting 15 such member in breach. 17 The Sector shall, without limiting the foregoing rights and procedure, also have the right to 18 enforce any decision against any member in breach by an action for specific performance, 19 declaratory relief, lis pendens or any other action in a court of law having jurisdiction of the 20 parties, it being understood and agreed that the Federal court for the District of Massachusetts andarbitrator requesting the