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LCL 10 Natural Resources

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

privileges for 30 to 60 days.<br />

Subsequent violation<br />

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

fishing or hunting privileges until the violator,<br />

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

Council and the Commission and receives<br />

permission to exercise fishing or hunting<br />

privileges again.<br />

<strong>10</strong>.07.1<strong>10</strong> Minors<br />

Minors less than 12 years of age will not be<br />

allowed to fish unless they are enrolled in the<br />

Lummi Nation and accompanied by a parent<br />

or guardian who is also enrolled in the Lummi<br />

Nation. Minors between the age of 12 and 18<br />

years of age shall be permitted to fish between<br />

3:00pm and 9:00pm on or off the reservation<br />

during the open season while school is in<br />

session. Minors over 12 years of age may fish<br />

all open hours during school vacation if the<br />

fishing season is open. It shall be forbidden<br />

for minors to fish at anytime during regular<br />

school hours unless they have graduated from<br />

High School. Minors and parents/guardian<br />

having legal obligation for such minor shall<br />

each be fully liable for the violations of this<br />

section. Violations of this section shall<br />

require forfeiture of all fish taken illegally, or<br />

a civil penalty equal to the value of fish, if<br />

sold, and an additional civil penalty as<br />

follows:<br />

First violation<br />

$ 50.00 to $<strong>10</strong>0.00 assessed on the minor or<br />

parent/guardian and suspension of the minor’s<br />

fishing privileges for 14 to 28 days.<br />

Second violation<br />

$<strong>10</strong>0.00 to $200.00 assessed on the minor or<br />

parent/guardian and suspension of the minor’s<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>.07.120 Charter Boats Prohibited<br />

No member shall operate or fish a charter boat<br />

in fisheries conducted under the authority of<br />

the Lummi Nation. Violation of this section<br />

shall result in forfeiture of the illegal catch or<br />

civil penalty equal to the value of the fish, if<br />

sold, and an additional civil penalty of $1,000<br />

to $2,000 and suspension of fishing privileges<br />

until the violator, after a period of one year,<br />

meets with the Council and the Commission<br />

and receives permission to exercise fishing<br />

privileges again.<br />

<strong>10</strong>.07.130 Leased Gear Prohibited<br />

No member shall use leased gear in fisheries<br />

conducted under the authority of the Lummi<br />

Nation. Violation of this section shall result<br />

in forfeiture of the illegal catch or a civil<br />

penalty equal to the value of the fish, if sold,<br />

and an additional civil penalty of $1,000 to<br />

$2,000 and suspension of fishing privileges<br />

until the violator, after a period of one year,<br />

meets with the Council and the Commission<br />

and receives permission to exercise fishing<br />

privileges again.<br />

<strong>10</strong>.07.140 Fishing or Hunting While<br />

Intoxicated or Under the Influence of a<br />

Controlled Substance<br />

It shall be a violation of this title for any<br />

member to fish or hunt, to be the operator of a<br />

fishing boat or vehicle or to otherwise be in,<br />

or in transit to, the area of a fishery or a hunt<br />

with the intent of participating in an opened<br />

fishery or hunt while, in the opinion of the<br />

attending <strong>Natural</strong> <strong>Resources</strong> Enforcement<br />

Patrol Officer, under the influence of, or<br />

affected by alcohol or intoxicating drugs, or to<br />

have on board or in possession under these<br />

circumstances any opened container of<br />

alcoholic beverages or any controlled<br />

substances punishable by civil penalties as<br />

follows:<br />

First violation<br />

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

Second violation<br />

$150.00 to $300.00<br />

Third violation<br />

$250.00 to $500.00<br />

Subsequent violations<br />

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

privileges for 30 to 60 days.<br />

Further, if in the opinion of a <strong>Natural</strong><br />

<strong>Resources</strong> Enforcement Patrol Officer, the<br />

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

17

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