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LCL 10 Natural Resources

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grounds and stations as the Lummi Nation, or<br />

a member of a tribe with the same usual and<br />

accustomed fishing grounds and stations as<br />

Lummi, but without appropriate valid<br />

identification from that tribe. Violation of<br />

this section shall result in forfeiture of the<br />

illegal catch or a civil penalty equal to the<br />

value of the fish sold and the additional civil<br />

penalty as follows:<br />

First violation<br />

$<strong>10</strong>0.00 to $200.00 and suspension of fishing<br />

privileges for 14 to 28 days.<br />

Second violation<br />

$250.00 to $500.00 and suspension of fishing<br />

privileges for 30 to 60 days.<br />

Third violation<br />

$500.00 to $1,000.00 and suspension of<br />

fishing privileges until the violator, after a<br />

period of one year, meets with the Council<br />

and the Commission and receives permission<br />

to exercise fishing privileges again.<br />

<strong>10</strong>.07.080 Non-Tribal Parties on<br />

Lummi Registered Vessels<br />

It shall be lawful to have the following Non-<br />

Tribal parties on board Lummi Registered<br />

Vessels provided that they are not assisting in<br />

the conduct of a tribal fishery:<br />

(a) A staff member of the Lummi <strong>Natural</strong><br />

<strong>Resources</strong> Department or a staff member of a<br />

co-manager with approval of the Director of<br />

<strong>Natural</strong> <strong>Resources</strong> on board for the purpose of<br />

collecting biological information.<br />

(b) A bone fide mechanic on board the vessel<br />

during testing of vessel and gear performance<br />

when catch is not retained.<br />

(c) A paid customer on a vessels operated by<br />

a Lummi Citizen with a permit, issued by the<br />

Director, to carry such parties for the purpose<br />

of participating in a legal WDFW recreational<br />

fishery, provided that the permittee complies<br />

with all applicable safety regulations and files<br />

regular reports to the Lummi <strong>Natural</strong><br />

<strong>Resources</strong> Department, as required,<br />

concerning locations fished, the numbers of<br />

fish hooked by species and the number of fish<br />

retained by species. Failure to follow the<br />

terms and conditions of a permit shall be<br />

cause to revoke this permit. In this case the<br />

Lummi Citizen is exercising a treaty right<br />

associated with fishing by carrying non-treaty<br />

parties but the harvest it attributed to the nontreaty<br />

harvest<br />

<strong>10</strong>.07.090 Prohibited Behavior<br />

It shall be a violation of this section while<br />

fishing or hunting under the jurisdiction of the<br />

Lummi Nation to:<br />

(a) Possess or drink alcoholic beverages, or<br />

(b) Possess or consume any illegal substance<br />

or drug, or<br />

(c) Litter harvest areas or adjacent areas, or<br />

(d) Urinate in public view, or<br />

(e) Damage private property while gaining<br />

access to the harvest areas, or<br />

(f) Park a vehicle except in a designated area,<br />

or<br />

(g) Create a public hazard.<br />

Violations this section may jeopardize the<br />

opportunity to obtain subsequent permits and<br />

are punishable by civil penalties as follows:<br />

First violation<br />

$ 50.00 to $<strong>10</strong>0.00<br />

Subsequent violations<br />

$<strong>10</strong>0.00 to $200.00<br />

<strong>10</strong>.07.<strong>10</strong>0 General Penalties<br />

In the absence of specific penalties for<br />

violations of sections of this chapter the<br />

following civil penalties will apply:<br />

Minor Offenses<br />

First violation<br />

$ 50.00 to $<strong>10</strong>0.00<br />

Subsequent violations<br />

$<strong>10</strong>0.00 to $200.00<br />

Major Offenses<br />

First violation<br />

Title <strong>10</strong> <strong>Natural</strong> <strong>Resources</strong> Code (2008)<br />

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