Common use of Procedures for Investigations Clause in Contracts

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) ACE to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 7.05 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under 11 of the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of Board or a 35 Member, request that the Infractions Committee conduct an 12 investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 requirements as may be adopted under the terms of this 14 Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Infractions Committee and 15 presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion 16 that an infraction occurred. The Infractions Committee shall operate 40 as a “blind” 17 committee, such that the identity of the Member, Permit and/or Participating Vessel 41 18 under consideration shall only be known to the Manager. The Committee shall may assign a 19 number 42 of its members, which constitutes no more than 50% of the Infractions 20 Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full 21 Infractions Committee. Such 44 investigation committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon 22 the conclusion of such investigation, the Infractions Committee 2 determines by an 23 affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, 24 the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 0 Sector requirements (as may be 25 adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, 26 and is hereby given the authority to (in addition to the imposition of any 6 impose penalties consistent with those prescribed in 27 the Schedule of Penalties), invoke sanctions, (ranging from letters of 7 warning to fines or reductions in allocation of days-at-sea allotted (“DAS”) ACE, 28 to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders) or to recommend expulsion of the Member. The 9 Infractions 29 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 30 are 10 commensurate with the nature and extent of the violation, are designed to further the 31 purposes 11 of the Sector, Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in 32 similar circumstances. All appeals from such Infractions Committee action shall be 13 taken 33 in accordance with Section 7.04 7.05 hereof. Each of the Members agrees to cooperate fully 14 34 with the Manager and the Infractions Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17procedures

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 36 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 37 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 38 Member, request that the Committee conduct an investigation of possible infractions of the 36 39 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 Sector 40 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 41 calling a meeting of the Committee and presenting it with the information that is the basis for 39 42 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 43 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 44 under consideration shall only be known to the Manager. The Committee shall assign a number 42 1 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 2 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 3 investigation assignments shall be rotated. The Member being investigated may not be part of 1 4 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 5 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 6 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector 7 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 8 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 9 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 10 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 11 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 12 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 13 commensurate with the nature and extent of the violation, are designed to further the purposes 11 14 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 15 with those reached in similar circumstances. All appeals from such Committee action shall be 13 16 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 17 with the Manager and the Committee in such investigations and procedures (including 15 18 cooperation with any requests for information or data that may be made by the Manager or the 16 19 Committee). 1720

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-at- sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Plan and Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 6.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 Sector 37 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector 4 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to described 46 in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a 35 1 Member, request that the Committee Board conduct an investigation of possible infractions of the 36 2 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 00 Sector requirements as may 3 be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the 4 Infractions Committee and presenting it with the information that is the basis for 39 the Manager’s 5 or Member’s opinion that an infraction occurred. The Committee Board shall operate 40 as a “blind” 6 committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under 7 consideration shall only be known to the Manager. The Committee shall Board may assign a number 42 of its 8 members, which constitutes no more than 50% of the Committee, and the ManagerBoard, to 43 investigate the matter further and 9 to recommend action, if any, to the full CommitteeBoard. Such 44 investigation committee member assignments shall be 10 rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 Board determines by an affirmative 11 vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, 12 the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of 13 this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 14 impose penalties consistent with those prescribed in the Schedule of Penalties), invoke sanctions, (ranging from 15 letters of 7 warning to fines or reductions in allocation of days-at-sea allotted (“DAS”) ACE, to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts ) or to ensure that penalties recommend 17 and settlements are 10 commensurate with the nature and extent of the violation, are designed to 18 further the purposes 11 of the Sector, Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17reached

Procedures for Investigations. 33 In addition to the Manager’s authority to impose invoke penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereofPenalties, the Manager may, on his her own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of impose any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) Penalties to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue “stop fishing fishing” orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 hereof8.9. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose invoke penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Plan and Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 6.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under 11 of the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of Board or a 35 Member, request that the Infractions Committee conduct an 12 investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment 13 Amendment 16, or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this 14 Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Infractions Committee and 15 presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion 16 that an infraction occurred. The Infractions Committee shall operate 40 as a “blind” 17 committee, such that the identity of the Member, Permit and/or Participating Vessel 41 18 under consideration shall only be known to the Manager. The Committee shall may assign a 19 number 42 of its members, which constitutes no more than 50% of the Infractions 20 Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full 21 Infractions Committee. Such 44 investigation committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon 22 the conclusion of such investigation, the Infractions Committee 2 determines by an 23 affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, 24 the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 0 Sector requirements (as may be 25 adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, 26 and is hereby given the authority to (in addition to the imposition of any 6 impose penalties consistent with those prescribed in 27 the Schedule of Penalties), invoke sanctions, (ranging from letters of 7 warning to fines or reductions in allocation of days-at-sea allotted (“DAS”) ACE, 28 to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders) or to recommend expulsion of the Member. The 9 Infractions 29 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 30 are 10 commensurate with the nature and extent of the violation, are designed to further the 31 purposes 11 of the Sector, Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in 32 similar circumstances. All appeals from such Infractions Committee action shall be 13 taken 33 in accordance with Section 7.04 7.05 hereof. Each of the Members agrees to cooperate fully 14 34 with the Manager and the Infractions Committee in such investigations and procedures 35 (including 15 cooperation with any requests for information or data that may be made by the 36 Manager or the 16 Infractions Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 investigation Committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Adjustment and Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.04 6.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee). 17.

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to described in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a 35 Member, request that the Infractions Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 00 Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Infractions Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Infractions Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall may assign a number 42 of its members, which constitutes no more than 50% of the Infractions Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Infractions Committee. Such 44 investigation committee member assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Infractions Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Xxxxxx 0 Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 impose penalties consistent with those prescribed in the Schedule of Penalties), invoke sanctions, (ranging from letters of 7 warning to fines or reductions in allocation of days-at-sea allotted (“DAS”) ACE, to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders) or to recommend expulsion of the Member. The 9 Infractions Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Sector, Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Infractions Committee action shall be 13 taken in accordance with Section 7.04 7.05 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Infractions Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Infractions Committee). 17.

Procedures for Investigations. 33 6 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 7 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 8 Member, request that the Committee conduct an investigation of possible infractions of the 36 9 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 00 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 11 calling a meeting of the Committee and presenting it with the information that is the basis for 39 12 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 13 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 14 under consideration shall only be known to the Manager. The Committee shall assign a number 42 15 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 16 investigate the matter further and to recommend action, if any, to the full Committee. Such 44 17 investigation assignments shall be rotated. The Member being investigated may not be part of 1 18 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 19 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 20 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Xxxxxx 0 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 22 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 23 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 24 warning to reductions in allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 25 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 26 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 27 commensurate with the nature and extent of the violation, are designed to further the purposes 11 28 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 29 with those reached in similar circumstances. All appeals from such Committee action shall be 13 30 taken in accordance with Section 7.04 hereof. Each of the Members agrees to cooperate fully 14 31 with the Manager and the Committee in such investigations and procedures (including 15 32 cooperation with any requests for information or data that may be made by the Manager or the 16 33 Committee). 17.