Acceptance means SRA acceptance of a bid.
Act means Section 209 of Title II of Division B of Public Law 108-447 , Consolidated Appropriations Act of 2005, as amended by Section 121 of Public Law 109-447 , Magnuson-Stevens Reauthorization Act of 2006.
Authorized party means the individuals authorized by the Permit Holder on the application form to execute and submit Bids, protests and other documents and/or notices on behalf of the Permit Holder.
Bid means a bidder's irrevocable offer to relinquish a permit.
Bid amount means the dollar amount submitted by a bidder.
Bidder means a permit holder who submits a bid.
Commercial Fisheries Entry Commission (CFEC) means the Alaska state commission mandated to conserve and maintain the economic health of Alaska's commercial fisheries by limiting the number of participating fishers, by issuing permits and vessel licenses to qualified individuals in both limited and unlimited fisheries, and by providing due process hearings and appeals.
CFEC documents means any documents issued by the CFEC in connection with the Southeast Alaska purse seine salmon fishery.
Conditional notice means the CFEC form that any Bidder must sign and agree to abide by upon submission of a Bid Agreement (Appendix B to § 600.1107 ).
Conditional relinquishment means the CFEC form that any Permit Holder, agreeing to relinquish a permit, must sign and agree to abide by upon SRA acceptance of the bid (Appendix C to § 600.1107 ).
Fishery means the Southeast Alaska administrative area as defined under Title 5 Alaska Administrative Code Section 33.100 for salmon with purse seine gear.
Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act codified at 16 U.S.C. 1801 et seq.
Permit (Southeast Salmon Purse Seine Entry Permit) means a valid entry permit issued by CFEC to operate in the Southeast Alaska purse seine salmon fishery.
Permit holder means an individual who at the time of bidding is the holder of record of a permit.
Reduction fishery means the Southeast Alaska Purse Seine Salmon Fishery.
Reduction loan means the loan used to purchase the relinquished permits pursuant to the approved Reduction Plan.
Reduction loan amount means the Reduction Loan's original principal amount up to $23,476,500.
Reduction plan means the aggregate of all Bids, Relinquishment Contracts, Conditional Notices, Conditional Relinquishments, and supporting documents and rationale, submitted to the Secretary for approval.
Relinquishment contract means the contract that any Permit Holder agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150 (i) ) must sign and agree to abide by upon acceptance of the Bid, and before payment of the bid amount (Appendix A to § 600.1107 ).
Secretary means the Secretary of Commerce or his/her designee.
Southeast Revitalization Association (SRA) means the qualified fishery association authorized to develop and implement this capacity reduction program under Alaska Statute 16.40.250 and Federal law.
APPENDIX A TO § 600.1107 -BID
This Bid (Bid) is entered between the individual named in section III, 11(a) of the Agreement and the Southeast Revitalization Association (SRA).
Unless otherwise defined, the following terms have the following meanings for the purpose of this Agreement.
Acceptance means SRA acceptance of a Bid.
Act means Section 209 of Title II of Division B of Public Law 108-447 , Consolidated Appropriations Act of 2005; as amended by Section 121 of Public Law 109-447 , Magnuson-Stevens (MSA) Reauthorization Act of 2006.
Bid means a bidder's irrevocable offer to relinquish a permit.
Bid amount means the dollar amount submitted by a bidder.
Bidder means a permit holder who submits a bid.
Conditional notice means the Commercial Fisheries Entry Commission (CFEC) form that any Bidder must sign and agree to abide by upon submission of a Bid Agreement.
Conditional relinquishment means the CFEC form that any Permit Holder, agreeing to relinquish a permit, must sign and agree to abide by upon SRA acceptance of the bid.
Fishery means the Southeast Alaska administrative area as defined under Title 5 Alaska Administrative Code Section 33.100 for salmon with purse seine gear.
Permit means a valid entry permit issued by CFEC to operate in the Southeast Alaska purse seine salmon fishery.
Permit holder means an individual who at the time of bidding is the holder of record of a permit.
Reduction plan means the aggregate of all Bids, Relinquishment Contracts (Appendix B), Commercial Fisheries Entry Commission ("CFEC") Conditional Notice and Conditional Relinquishment (Appendices C & D), and supporting documents and rationale; submitted to the Secretary for approval.
Referendum means the voting procedure to determine the Permit Holder's willingness to repay a fishing capacity reduction loan to purchase the permits identified in the Plan.
Relinquishment contract means the contract that any bidder agreeing to relinquish a permit pursuant to Alaska Statute (A.S. 16.43.150 (i) must sign and agree to abide by upon acceptance of the Bid, and before payment of the bid amount.
Secretary means the Secretary of Commerce or his/her designee.
Southeast Revitalization Association (SRA) means the qualified fishery association authorized to develop and implement this capacity reduction program under Alaska Statute 16.40.250 and Federal law.
Whereas Alaska Statute 16.40.250 and the Act authorize a fishing capacity reduction program for the fishery;
Whereas, within 30 days of concluding the selection process, the SRA shall submit the Reduction Plan, together with supporting documents and rationale, to NMFS for final approval on behalf of the Secretary;
Whereas, the reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;
Whereas, the SRA can implement the Reduction Plan only after giving notice to all Permit Holders and subsequent approval of the reduction Plan by referendum.
Whereas, the Agreement submitted by the bidder and the SRA is an integral element of the Reduction Plan.
Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the SRA and bidder agree as follows:
In words | In numbers |
$ | |
Signature | |
Printed Name | |
Date of Signature | |
State of: ________ County/Borough of: ________
I certify that ____________ is the person who appeared before me and said person acknowledged that he/she signed this Bid and on oath stated that he/she was authorized to execute such document and acknowledged it to be the free and voluntary act of him/her for the uses and purposes mentioned in such document.
Notary Public's Signature: ____________Dated: ______
My Commission Expires: ____________
Signature | |
Printed Name | |
Date of Signature | |
APPENDIX B TO § 600.1107 -RELINQUISHMENT CONTRACT: SOUTHEAST ALASKA SALMON PURSE SEINE PERMIT HOLDERS
This Relinquishment Contract ("Contract") and agreement is entered into between the Southeast Revitalization Association ("SRA") and the bidder named in Section 11(a) of the Bid. The contract is effective when the bidder signs the Bid and this contract and, thereby, agrees to relinquish his/her permit, issued by the Alaska Commercial Fisheries Entry Commission ("CFEC") for the Southeast Alaska salmon purse seine fishery ("fishery").
Whereas Alaska Statute 16.40.250 and Federal law authorize a fishing capacity reduction program for the fishery;
Whereas, upon accepting and signing the Bid, the SRA shall submit a Reduction Plan to NMFS;
Whereas, the Reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost;
Whereas, this contract is subject to the terms and conditions set forth herein, including the CFEC forms marked as Appendices C and D to § 600.1107 ;
Now, therefore, for valuable consideration and the covenants hereinafter set forth, the parties hereto agree as follows:
BIDDER'S SIGNATURE AND NOTARY'S ACKNOWLEDGEMENT AND CERTIFICATION
Bidder signature | Notary signature |
(1) Sign | (1) Sign |
(2) Print the following: | (2) Print the following: |
(a) signer's name | (a) name |
(b) signing date | (b) signing date |
(c) state and city/borough | (3) date commission expires, and State and city/borough. Each notary signature attests to the following: "I certify that I know or have satisfactory evidence that the person who is signed in the 1st column of this same row is the person who appeared before me and: (1) Acknowledged his/her signature; (2) on oath, stated that he/she was authorized to sign; and (3) acknowledged that he/she did so freely and voluntarily." |
(1) | (1) |
(2)(a) | (2)(a) |
(2)(b) | (2)(b) |
(2)(c) | (3) |
Dated:________________________
By:________________________
APPENDIX C TO § 600.1107 -CONDITIONAL NOTICE TO CFEC AND REQUEST BY PERMIT HOLDER
In support of my Bid to the Southeast Revitalization Association (SRA), I have executed this Conditional Notice and request and authorize the Southeast Revitalization Association (SRA) to submit this executed document to the Alaska Commercial Fisheries Entry Commission (CFEC) in the event that the SRA accepts my bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit under AS 16.43.150(i).
I hereby notify the CFEC that the SRA has accepted my Bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit #_______.
I request the CFEC:
DATED this ___ day of _____ , 2011.
________________________
(Permit Holder/Bidder)
SUBSCRIBED AND SWORN TO before me this ___ day of _____ , 2011.
________________________
Notary Public, State of _________
My commission expires: _______
APPENDIX D TO § 600.1107 -CONDITIONAL RELINQUISHMENT OF SOUTHEAST SALMON PURSE SEINE ENTRY PERMIT
[AS 16.43.150(I)]
Upon satisfaction of the conditions that the Southeast Revitalization Association (SRA) accepts my bid and that NMFS agrees to pay my full bid amount to me, the SRA may submit this executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit to the Commercial Fisheries Entry Commission.
I fully understand this relinquishment of my permanent entry permit #_______ under AS 16.43.150(i) is permanent, and I will not be able to reinstate the permit.
DATED this ___ day of _____ , 2011.
________________________
(Permit Holder/Bidder)
SUBSCRIBED AND SWORN TO before me this ___ day of _____ , 2011.
________________________
Notary Public, State of _________
My commission expires: _______
50 C.F.R. §600.1107