LCL 10 Natural Resources

10.02.300 Senior Citizen
Senior Citizen for the purpose of Title 10 shall
mean any citizen named on the official Lummi
membership role who is 62 years or older by
July 1.
10.02.310 Shellfish Pot
Shellfish pot means a movable trap with one
or more entrance tunnels used to entrap
shellfish in a live condition.
10.02.320 Subsistence
Subsistence harvest shall be the taking of any
resource for personal use and not for
commercial gain.
10.02.330 Trawl Gear
(a) Otter Trawl shall be defined as a cone or
funnel-shaped net, which is towed or drawn
through the water by one or two vessels. They
may be used on and off of the seabed and with
or without doors:
(1) Bottom trawl means an otter trawl in
which the otter boards or the foot rope of
the net contact the seabed, and includes
Danish and Scottish seine gear.
(2) Roller or Bobbin Trawl shall mean an
otter trawl with foot ropes equipped with
rollers or bobbins made of wood, steel,
rubber, plastic or other hard material which
protects the net during fishing on the
seabed.
(3) Pelagic Trawl means an otter trawl
where the foot rope remains above the sea
bed. They may not have foot ropes
protected at the mouth with rollers,
bobbins, or discs.
(b) Beam Trawl means a bag shaped trawl net
not using weighted otter frames or doors when
operated.
(c) Scallop dredge means trawl gear with
interlocking metal ring meshes.
(d) Cod end shall mean the terminal closed
end of a trawl net and may be single ply or
double ply mesh. A double walled cod end
has two walls of webbing tied knot to knot to
the trawl net and shall not be longer than
twenty-five meshes or twelve feet, whichever
is greater, and shall not be used on pelagic,
roller, or bobbin trawls.
(e) Chafing gear means webbing or other
material attached to the bottom (underside) or
around the cod end of a trawl net to protect the
cod end from wear, and must not be connected
to the terminal, (closed) end of the cod end.
(f) Trawl mesh size shall be the distance
between the inside of one knot and the inside
of the opposite vertical knot in the mesh.
Minimum mesh sizes are met if a wedge of
legal size can be passed through sixteen of
twenty-two meshes each of wet mesh in the
cod end.
10.02.340 Treaty Tribe
Any federally recognized Indian Tribe which
possesses or exercises treaty fishing rights
within the case area of United States v.
Washington, 384 F. Supp. 312 (W.D. Wash.
1974) or United States v. Oregon.
10.02.350 Unattended Nets
An unattended net shall be defined as a net set
in position to take fish without fishermen or a
designated helper within the immediate area
attending it, or during open hours a stake net
which observations of an enforcement officer
indicate has not been attended for an
acceptable period of time.
10.02.360 Unapproved, Prohibited, or
Restricted Clam Harvest Areas
Unapproved, prohibited or restricted clam
harvest areas are defined as those areas which
have not been certified according to the
procedures set forth in the National Shellfish
Sanitation Program and accepted by the
Lummi Natural Resources Department.
10.02.370 Usual and Accustomed
Fishing Grounds and Stations
Those places or stations reserved to the
Lummi in the Treaty of Point Elliott, 1855, as
adjudicated by the United States District
Court for the Western District of Washington
as “usual and accustomed grounds and
stations of the Lummi Indian Tribe”, now the
Lummi Nation, in the litigation known as the
Title 10 Natural Resources Code (2008)
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