Procedures for Investigations. In addition to the Manager’s authority 11 of the Board or a Member, request that the Infractions Committee conduct an 12 investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, 14 Agreement or the Sector’s Bylaws, by calling a meeting of the Infractions Committee and 15 presenting it with the information that is the basis for the Manager’s or Member’s opinion 16 that an infraction occurred. The Infractions Committee shall operate as a “blind” 17 committee, such that the identity of the Member, Permit and/or Participating Vessel 18 under consideration shall only be known to the Manager. The Committee may assign a 19 number of its members, which constitutes no more than 50% of the Infractions 20 Committee, to investigate the matter further and to recommend action, if any, to the full 21 Infractions Committee. Such committee member assignments shall be rotated. If, upon 22 the conclusion of such investigation, the Infractions Committee determines by an 23 affirmative vote of a majority (51%) of its members that a violation of this Agreement, 24 the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements (as may be 25 adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, 26 and is hereby given the authority to impose penalties consistent with those prescribed in 27 the Schedule of Penalties, (ranging from letters of warning to fines or reductions in ACE, 28 to stop fishing orders) or to recommend expulsion of the Member. The Infractions 29 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 30 are commensurate with the nature and extent of the violation, are designed to further the 31 purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached in 32 similar circumstances. All appeals from such Infractions Committee action shall be taken 33 in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully 34 with the Manager and the Infractions Committee in such investigations and procedures
Procedures for Investigations. 27 In addition to the Manager’s authority to invoke penalties under the Schedule of 28 Penalties, the Manager may, on his own, and shall, at the request of a Member, request 29 that the Manager conduct an investigation of possible infractions of the Agreement, the 30 Harvesting Rules, the Plan, or other Sector requirements as may be adopted under the 31 terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee 32 and presenting it with the information that is the basis for the Manager’s or Member’s 33 opinion that an infraction occurred. 35 All investigations will be reviewed by the Committee. If, upon the conclusion of such 36 investigation, the Committee determines by an affirmative vote of a majority of its 37 members that a violation of this Agreement, the Harvesting Rules, the Plan, or other 38 Sector requirements (as may be adopted under the terms of this Agreement or the 39 Sector’s Bylaws) has occurred, it may impose any penalties prescribed in the Schedule of 40 Penalties to the Member, its Permits and its Participating Vessels by the Sector, or issue 41 “stop fishing” orders. 42 43 The Committee shall exercise all reasonable efforts to ensure that penalties and 44 settlements are commensurate with the nature and extent of the violation, are designed to 45 further the purposes of the Plan, and are uniform with those reached in similar 2 All appeals from such Committee action shall be taken in accordance with Section 5.11 3 hereof. Each of the Members agrees to cooperate fully with the Manager and the 4 Committee in such investigations and procedures (including cooperation with any 5 requests for information or data that may be made by the Manager or the Committee).
Procedures for Investigations. In addition to the Manager’s authority to invoke penalties under the Schedule of Penalties, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may impose any penalties prescribed in the Schedule of Penalties to the Member, its Permits and its Participating Vessels by the Sector, or issue “stop fishing” orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 5.11 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).
Procedures for Investigations. In addition to the Manager’s authority to invoke penalties under the Schedule of Penalties, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan or other Sector requirements by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority of its members that a violation of this Agreement, the Harvesting Rules, the Plan or other Sector requirements has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning, to reductions in ACE to the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 of the Operations Plan. Each Member agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).
Procedures for Investigations. In addition to the Manager’s authority described 44 in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a 45 Member, request that the Board conduct an investigation of possible infractions of the 46 Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may 1 be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the 2 Infractions Committee and presenting it with the information that is the basis for the Manager’s 3 or Member’s opinion that an infraction occurred. The Board shall operate as a “blind” 4 committee, such that the identity of the Member, Permit and/or Participating Vessel under 5 consideration shall only be known to the Manager. The Board may assign a number of its 6 members, which constitutes no more than 50% of the Board, to investigate the matter further and 7 to recommend action, if any, to the full Board. Such committee member assignments shall be 8 rotated. If, upon the conclusion of such investigation, the Board determines by an affirmative 9 vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, 10 the Plan, Amendment 16, or other Sector requirements (as may be adopted under the terms of 11 this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to 12 impose penalties consistent with those prescribed in the Schedule of Penalties, (ranging from 13 letters of warning to fines or reductions in ACE, to stop fishing orders) or to recommend 15 and settlements are commensurate with the nature and extent of the violation, are designed to 16 further the purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached
