Bering Sea Arbitration Organization Member Enrollment Fishing Year

Transcription

1 Bering Sea Arbitration Organization Member Enrollment Fishing Year Name of QS or IFQ holding entity or entities as listed by NMFS Contact Information Name Street City State Zip Code Phone Cell Phone Membership in the BSAO is restricted to Non-Affiliated QS and IFQ holders. *** Each distinct entity (as listed by NMFS) must join separately *** In 2014, the BSAO Board of Directors considered requests by holders of small amounts of QS to have a reduced dues obligation. In response to those requests, the Board decided on the following dues schedule: Entities holding less than 500,000 cumulative CVO QS units pay $250. Entities holding 500,000 to 10,000,000 cumulative CVO QS units pay $500. Entities holding more than 10,000,000 cumulative CVO QS units pay $750. The membership dues for a cooperative is $750. Each CVO QS or IFQ holding entity is required to join an Arbitration Organization regardless of the fact that you may also belong to a co-op. The coop must also join. If your own only CVC, CPC or CPO you are not required to join. Payments to the association are not deductible as charitable contributions for federal income tax purposes. Please feel free to contact me with any questions or comments. The regulations require that CVO QS holders belong to an Arbitration Organization by May 1, 2014 in order to receive your QS. CVO IFQ holders who are not also CVO QS holders must join within 15 days of IFQ issuance. Those receiving QS or IFQ by transfer after these dates must join at the time of transfer. Jake Jacobsen, Executive Director

2 Make checks for the appropriate amount to BSAO and send the check and this form to: BSAO 4917 Leary Ave. NW Seattle, WA New Members: Please read, sign and return the Membership Agreement on the next 3 pages. MEMBER AGREEMENT ("Member" Name of QS or IFQ holding entity as used by NMFS) agrees to become a member for the crab fishing year of the BERING SEA ARBITRATION ORGANIZATION ( Corporation"), a non-affiliated Arbitration QS/IFQ Organization, formed as a Washington non-profit corporation, with offices at 4917 Leary Avenue N.W., Seattle, WA on the following terms and conditions: 1. Initial Membership Fee. The initial membership fee to join the Corporation is $ per member ($25.00 for CVC QS holders), payable within 30 days of execution of this Member Agreement. Membership will apply to all Crab QS crab fisheries, except [list any crab fisheries excluded]: 2. Approval. This Member Agreement may be accepted by the Corporation by appropriate action of its Board of Directors at any time within the next 30 calendar days, and the Member agrees not to revoke this agreement to join the Corporation within such time period. This Member Agreement will terminate if not accepted within such time period.

3 3. Warranties and Representations. Member makes the following representations and warranties, which shall remain true and accurate during the term of Member s membership in the Corporation: (i) Member is (or in the case of initial issuance of Crab QS, will be) a holder of either CVO or CVC crab QS/IFQs ( Crab QS ). (ii) Member is not currently affiliated (as that term is defined in the BSAI Crab Rationalization Regulations as interpret by NMFS) and shall not become affiliated during Member s membership in the Corporation. Membership is immediately void upon affiliation. 4. Bylaws. Member agrees to be bound by the Bylaws of the Corporation, a copy of which is attached and incorporated herein by this reference as Exhibit A, and any amendments thereto, and to timely act in accordance with and in furtherance of the intent of the Bylaws during the term of Member s membership, including without limitation, timely providing to the Corporation information regarding all crab QS/IFQ held or to be held and any subsequent crab QS/IFQ held or to be held by Member. 5. Compliance with Regulations. Member and Corporation hereby agree to comply with all provisions of the Crab Rationalization Regulations as they relate to Arbitration QS/IFQ Arbitration Organizations, in particular those regulations found at 50 CFR (e), a copy of which is attached and incorporated herein by this reference as Exhibit B, including without limitation, the following matters: (i) Selection of Market Analyst, Formula Arbitrator, and Contract Arbitrator(s). Member authorizes the Corporation to act on its behalf in the selection of and contracting with the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) in accordance with Crab Rationalization regulations. The Market Analyst and the Formula Analyst may be the same for a given fishery. The Arbitration Organization shall inform NMFS of the persons selected. The Corporation shall provide to Member a list of Arbitration Organizations that mutually agreed to the selection of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) and signatures of representatives of those Arbitration Organizations and provide to Member a copy of the contract with Market Analyst, the Formula Arbitrator, and each Contract Arbitrator. The notification must include a curriculum vitae and other relevant biographical material for each of these individuals. Member acknowledges that NMFS will not issue CVO IFQ, CVC IFQ after July 1, , and IPQ for a crab QS fishery until Arbitration Organizations establish by mutual agreement contracts with a Market Analyst, Formula Arbitrator, and Contract Arbitrators for that fishery and notify NMFS. (ii) Confidentiality of information. Each member that is a party to a Binding Arbitration proceeding shall sign a confidentiality agreement approved by the Directors of the Corporation with the party with whom it is arbitrating stating they will not disclose at any time to any person any information received from the Contract Arbitrator or any other party in the course of the arbitration. That confidentiality agreement shall specify the potential sanctions for violating the agreement. (iii) Provision of information to members. The Corporation shall provide to its members:

4 (A) A copy of the contracts for the Market Analyst, Formula Arbitrator, and Contract Arbitrator for each fishery in which the Member participates; and (B) A copy of the Market Report and the Non-Binding Price Formula for each fishery in which the Member participates within 5 days of its release. (iv) Information release. (A) The Corporation shall deliver to NMFS any data, information, and documents generated pursuant to Section (e). (B) The Corporation or its third party data provider, shall provide to its member Arbitration IFQ holders information concerning uncommitted IPQ from PQS/IPQ Arbitration Organization(s) as necessary for the member Arbitration IFQ holder to use that information in a timely manner. (C) The Corporation is prohibited from the disclosure of any such information concerning uncommitted IPQ from PQS/IPQ Arbitration Organization to any person, except as provided above. (D) Third-party Data Provider provision. The Corporation shall hire administrative personnel or may contract with a person who will arrange for the receipt and delivery of information required under the Crab Rationalization regulations. Any such third party that receives such information cannot be affiliated with or employed by or related to any QS, PQS, IFQ, or IPQ holder in any crab QS fishery and must enter a contract that: (1) Prohibits such third person from releasing any information received to any person except as specifically provided by 50 CFR ; and (2) Prohibits such third person from entering taking any employment from or establishing any relationship, except under a contract meeting the requirements of 50 CFR for a period of 3 years after the termination of the contract. (v) Costs. The Corporation shall enter into a contract with all other Arbitration Organizations for the payment of the costs of arbitration as specified under 50 CFR (A) The Arbitration Organizations must establish a contract that requires the payment of all costs of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s), dissemination of information concerning uncommitted IPQ to holders of uncommitted Arbitration IFQ, and the costs of such persons associated with lengthy season approach, share matching approach, Binding Arbitration, quality and performance disputes, to be shared equally so that IPQ holders pay 50 percent of the costs and Arbitration IFQ holders and Class A IFQ holders pay 50 percent of the costs. (B) Each person shall pay an amount of the cost based on the amount of IPQ or IFQ held by that person at the time of application to the Corporation (or in the case of initial issuance, upon initial issuance). (C) PQS holders shall advance all costs and shall collect the contribution of IFQ holders at landing subject to terms mutually agreed to by the Arbitration Organizations. (vi) Negotiation methods. The Corporation is prohibited from engaging in any contract negotiations on behalf of its members, except for those necessary to hire the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s). (vii) Enforcement of the contract. Violations of this Member Agreement shall be enforced under civil law.

5 6. Notice. All notices and requests to Member in connection with this Member Agreement shall be given in accordance with the Bylaws at the address listed below. 7. Miscellaneous. Time is of the essence of this Member Agreement. This Member Agreement may not be assigned. This Member Agreement is intended to and does bind the heirs, executors, administrators, successors and assigns of any and all of the parties hereto. This Member Agreement shall be governed by the laws of the State of Washington. Venue of any dispute arising hereunder shall be laid in the courts of competent subject matter jurisdiction located in King County, WA. This Member Agreement and the Exhibits hereto set forth the entire agreement of the parties and shall not be modified, except by written agreement signed after the date hereof on behalf of Member and Corporation or by their respective representatives. 8. Counterparts/Facsimile. This Member Agreement may be executed in counterparts and via facsimile or via EFFECTIVE the date accepted below. Member: By (your name) Its (your relationship to the entity) Date Name of IFQ entity Address: Accepted by the Bering Sea Arbitration Organization: By Gary Stewart, President Date