Common use of Procedures for Investigations Clause in Contracts

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. 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).. 7 If an observer or electronic record reports that a vessel operator has discarded 20 pounds 8 or less of legal size fish of white xxxx of any size, and this report is a first offense, the 9 manager will not initiate an infraction review or report but instead will notify owner of 10 the occurrence with an advisory that a second occurrence will result in an infraction 11 review. 13 5.6. Penalties for Violations 15 Any penalties that are imposed upon a Member by the Sector pursuant to the terms of this 16 Agreement shall be in addition to, and not in lieu of, any other potential state or federal 17 penalty that may be imposed upon such Member. 19 Sector members agree that penalties and assessments imposed on the Sector for violations 20 committed by an individual member, for which all members may be jointly and severally 21 liable, will to the maximum extent possible be the sole responsibility of the individual 22 member committing those violations to reimburse the sector, including all monetary fines 23 and ACE reductions imposed by the sector and/or the National Marine Fisheries Service. 24 25 5.7. Expulsion 26

Procedures for Investigations. 27 23 In addition to the Manager’s authority to invoke penalties under the Schedule of 28 24 Penalties, the Manager may, on his own, and shall, at the request of a Member, 25 request 29 that the Manager Committee conduct an investigation of possible infractions of the 26 Agreement, the 30 Harvesting Rules, the Plan, or other Sector requirements as may be 27 adopted under the 31 terms of this Agreement or the Sector’s Bylaws, by calling a 28 meeting of the Committee 32 and presenting it with the information that is the basis for 29 the Manager’s or Member’s 33 opinion that an infraction occurred. 35 All investigations will 30 31 Such Committee member assignments shall be reviewed by the Committeerotated. If, upon the conclusion of 32 such 36 investigation, the Committee determines by an affirmative vote of a majority 33 (51%) of its 37 members that a violation of this Agreement, the Harvesting Rules, the 34 Plan, or other 38 Sector requirements (as may be adopted under the terms of this 35 Agreement or the 39 Sector’s Bylaws) has occurred, it may impose any penalties 36 prescribed in the Schedule of 40 Penalties to the Member, its Permits and its 37 Participating Vessels by the Sector, or issue 41 “stop fishing” orders. 42 43 38 39 The Committee shall exercise all reasonable efforts to ensure that penalties and 44 40 settlements are commensurate with the nature and extent of the violation, are 41 designed to 45 further the purposes of the Plan, and are uniform with those reached in 42 similar 2 circumstances. 43 44 All appeals from such Committee action shall be taken in accordance with Section 45 5.11 3 hereof. Each of the Members agrees to cooperate fully with the Manager and the 4 1 Committee in such investigations and procedures (including cooperation with any 5 2 requests for information or data that may be made by the Manager or the Committee).. 3

Procedures for Investigations. 27 23 In addition to the Manager’s authority to invoke penalties under the Schedule of 28 24 Penalties, the Manager may, on his own, and shall, at the request of a Member, 25 request 29 that the Manager Committee conduct an investigation of possible infractions of the 26 Agreement, the 30 Harvesting Rules, the Plan, or other Sector requirements as may be 27 adopted under the 31 terms of this Agreement or the Sector’s Bylaws, by calling a 28 meeting of the Committee 32 and presenting it with the information that is the basis for 29 the Manager’s or Member’s 33 opinion that an infraction occurred. 35 All investigations will 30 31 Such Committee member assignments shall be reviewed by the Committeerotated. If, upon the conclusion of 32 such 36 investigation, the Committee determines by an affirmative vote of a majority 33 (51%) of its 37 members that a violation of this Agreement, the Harvesting Rules, the 34 Plan, or other 38 Sector requirements (as may be adopted under the terms of this 35 Agreement or the 39 Sector’s Bylaws) has occurred, it may impose any penalties 36 prescribed in the Schedule of 40 Penalties to the Member, its Permits and its 37 Participating Vessels by the Sector, or issue 41 “stop fishing” orders. 42 43 38 39 The Committee shall exercise all reasonable efforts to ensure that penalties and 44 40 settlements are commensurate with the nature and extent of the violation, are 41 designed to 45 further the purposes of the Plan, and are uniform with those reached in 42 similar 2 circumstances. 43 44 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).Section

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).similar