LCL 10 Natural Resources

personal use. In the absence of specific
provisions in this title or regulations under this
section, the applicable current Washington
State Department of Fish and Wildlife
requirements with respect to seasons and
conservation related size limitations shall be
observed except that no State licenses shall be
required for Lummi subsistence fishing.
Regulations promulgated under this section
may provide for specific civil penalties. In the
absence of specific civil penalties it shall be
unlawful to take fish or shellfish for
subsistence purposes except as provided for in
this section. Violation of any provision of this
section shall be punishable by civil penalties
as follows:
First violation
$ 25.00 to $50.00
Second violation
$ 50.00 to $100.00
Subsequent violations
$150.00 to $500.00
10.06.030 Pre-season Fishing
Regulation
The Lummi Natural Resources Department
shall develop pre-season regulations affecting
the harvest of resources covered by this title
containing at least the following information:
(a) Anticipated run size or stock abundance.
(b) The spawner requirement, and/or total
available harvest.
(c) The catch objective appropriate to Lummi.
(d) The number of units of each gear type
expected in each area to be opened.
(e) The anticipated pattern of opening and
closing by area during the season.
(f) Restrictions on fishing activity.
This pre-season regulation shall be reviewed
and approved by the Commission and the
Council at least one month prior to the
opening of the fishery, unless essential
information required for that regulation
dependent on action by non-Lummi entities is
not available in time to meet this deadline.
The pre-season regulation shall be filed with
all other affected parties at least 10 days prior
to the opening of the fishery. Pre-season
regulation shall be posted in a conspicuous
location in the Natural Resources Office and
other locations frequented by Lummi fishers.
Copies will be made available to members
upon request.
10.06.040 In-Season Fishing Regulation
Specific time and area openings by gear with
appropriate gear restrictions and sub-area
closures may be changed from the pre-season
regulations during the fishing season to
achieve allocation and conservation objectives
as more accurate information becomes
available about stock strength, timing, and
fishing efficiency. In-season fishing
regulations are issued by the Director in
consultation with the Commissioners.
10.06.050 Fishing Regulation Hotline
The Lummi Fisheries Regulation Hotline shall
be the final authority for Lummi fishers
concerning time and area openings by gear
and fisheries restrictions not contained in the
pre-season regulation or this title. This
Hotline shall be available to all Lummi fishers
on a 24-hour per day basis. The information
contained on the Lummi Regulation Hotline
shall be reproduced in a notice which shall be
posted at the Natural Resources office and at
various places frequented by Lummi Fishers
on and around the Reservation. The printed
copy of the Hotline shall contain the initials of
the Director or his designee approving the text
and the date and time that the information was
placed on the Regulation Hotline. In the event
of a breakdown in the Regulation Hotline, the
posted Hotline copy shall govern the conduct
of fisheries under the jurisdiction of this title.
10.06.060 Notice to Affected
Governments
Notice of Lummi off reservation regulatory
actions shall be transmitted to affected tribal,
state, and federal parties by mail when
timeliness of notification is not a factor, by
“EasyLink” or electronic notification through
a reliable, independent third party
documenting the time and content of the
Title 10 Natural Resources Code (2008)
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