LCL 10 Natural Resources

oundaries of the Lummi Reservation.
Violations of this section shall result in
forfeiture of all fish or wild animals taken
illegally and all nets, gear, hunting equipment
and gear, motors, boats, and vehicles used in
the commission of the violation and the
additional civil penalty of $5,000.
10.07.020 Responsibility for Violations
All fishers on a vessel fishing for any fish or
shellfish or members of a party fishing for fish
and shellfish or hunting may be cited for any
violation associated with the harvest of fish or
shellfish or hunting of any wild or game
animal by any fisher on that vessel or member
of the party.
10.07.030 Severely Restricted Fisheries
The Director, in consultation with the
Commission, may declare any fishery
involving critical allocation or conservation
issues to be a severely restricted fishery. Any
violation of this title involving a severely
restricted fishery shall require the maximum
penalties provided in this title.
10.07.040 Permitted Fisheries
The Director, in consultation with the
Commission consistent with existing comanager
agreements and applicable Lummi
regulations, in order to explore fisheries
potential, may issue permits for fishing
activities not otherwise permitted or otherwise
opened in accordance with the provisions of
Title 10.
10.07.050 Use of State Commercial
Fishing Licenses Prohibited
No citizen of the Lummi Nation shall
commercially fish, nor permit his or her boat
or gear to be used in any commercial fishery,
in any usual and accustomed fishing grounds
and stations of the Lummi Nation opened by
the State of Washington except on days and at
times and in areas where the Lummi Nation
shall have opened the fishery for its citizens
unless that citizen shall have elected to fish as
non-Indian under Section 10.03.020.
Violation of this section shall result in:
(a) Forfeiture of the fish caught during such
an opening, or a civil penalty in an amount
equal to the value of the fish caught if the fish
have been sold and,
(b) An additional civil penalty of not less than
One Thousand dollars ($1,000), and
(c) Revocation of the tribal fishing privilege
for the balance of the current fishing year and
the next subsequent fishing year. In case
more than one species of fish were harvested
in violation of this section, the fishing
privilege shall be suspended for the season of
the species of the largest number of fish
caught in violation of this section.
10.07.060 Commercial Fishing in
Closed Areas
The commercial harvest of fish or shellfish is
closed to Lummi citizens unless specifically
opened by regulations promulgated under
Chapter 10.06 above. It shall be a violation of
this title to fish in a closed area. If a fisher is
fishing in a closed area, the penalty shall be
forfeiture of all fish taken illegally or a civil
penalty equal to the value of the fish caught if
sold, and additional civil penalties as follows:
First violation
$ 50.00 to $100.00 and suspension of fishing
privileges for 10 to 20 days.
Second violation
$250.00 to $500.00 and suspension of fishing
privileges for 20 to 40 days.
Third violation
$500.00 to $1,000 and suspension of fishing
privileges until the violator, after a period of
one year, meets with the Council and the
Commission and receives permission to
exercise fishing privileges again.
The civil penalties for violations of other
sections of the title may exceed those noted in
this general section.
10.07.070 Assistance Forbidden
No person exercising fishing rights of the
Lummi Nation shall be assisted by, or have
with him/her, while fishing, any person who is
not a member of the Lummi Nation, or in off
reservation fisheries, a member of a
recognized Indian tribe which does not have
the same usual and accustomed fishing
Title 10 Natural Resources Code (2008)
15