LCL 10 Natural Resources

ecent years and no directed harvest has been
allowed on the stock by any harvester. The
Director shall specifically state in his
determination, the stock in conservation status
and the areas and times when closures for
stocks in conservation status are required. It
shall be a violation of this title to harvest in an
area closed to protect a stock or population in
conservation status. Violations shall be
punishable by forfeiture of all gear, motors,
vessels, and vehicles used in the commission
of the violation and by civil penalties as
follows:
First violation
$500.00 to $1,000.00 and suspension of
harvest privileges until the violator, after a
period of one year, meets with the Council
and the Commission and receives permission
to exercise harvest privileges again.
10.07.200 Protection of Stocks or
Populations in Critical Status
The Director may identify, after consultation
with the Commission, a stock or population of
fish, shellfish or wildlife as being in critical
status when the stock is experiencing
production levels so low that he determines
that permanent damage to the stock is likely or
has already occurred. The Director shall
specifically state in his determination, the
stock in critical status and the areas and times
when closures for stocks in critical status are
required. It shall be a violation of this title to
fish in an area closed to protect a stock in
critical status. Violations shall be punished by
forfeiture of all gear, motors, vessels, and
vehicles used in the commission of the
violation, a civil penalty of $1,000.00 to
$2,000.00 and suspension of harvest
privileges until the violator, after a period of
one year, meets with the Council and the
Commission and receives permission to
exercise harvest privileges again.
10.07.210 Wastage Prohibited
Wastage of fish, shellfish and game subject to
management by the Lummi Nation shall
constitute an offense of this title punishable by
civil penalties as follows:
First violation
$ 50.00 to $100.00
Second violation
$100.00 to $200.00 and suspension of fishing
privileges for 14 to 28 days.
Third violation
$250.00 to $500.00 and suspension of fishing
privileges for 30 to 60 days.
Subsequent violation
$500.00 to $1,000.00 and suspension of
fishing privileges for 45 to 90 days.
10.07.220 Interactions of Marine
Mammals with Fishing Activities
A tribal owner of fishing gear, or catch, and/or
employees or agent of such owner, or a
Natural Resources Enforcement Officer:
(a) May deter a marine mammal from
damaging such gear or catch, from damaging
a Lummi Citizen’s private property, or from
endangering personal safety, so long as such
measures do not result in the death or serious
injury to the marine mammal.
(b) May deter a marine mammal from
damaging such gear or catch, from damaging
a Lummi Citizen’s private property, or from
endangering personal safety, by any lethal
means, provided however, that all reasonable
steps to deter the marine mammal have been
taken.
Any fisher or owner of a Lummi registered
fishing vessel shall report all incidents which
result in incidental mortality or serious injury
to marine mammals to the Lummi Harvest
Management Division, Lummi Natural
Resources Department, within 48 hours of the
closure of the fishery in which the incidental
mortality or serious injury occurred. The
carcass of any marine mammal killed during
the exercise of the treaty fishing right should
be retained, if reasonably possible, and be
made available to the Natural Resources
Harvest Management Division for necessary
biological sampling, after which it may be
returned to the fisher for use as he/she sees fit.
Any such taking of marine mammals shall be
deducted from any annual tribal quota at the
time the animal was killed. Failure to observe
and comply with any provision of this section
Title 10 Natural Resources Code (2008)
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