LCL 10 Natural Resources

a enterprise fishery contract with the Council
shall result in civil penalties as follows:
First violation
$ 20.00 to $ 40.00
Second violation
$ 50.00 to $100.00
Subsequent violation
$100.00 to $200.00
Chapter 10.08 Fish Buyers, Processors,
Sellers
10.08.010 Buyers License
All fish buyers purchasing fish or shellfish
from tribal fishermen either on or off the
reservation shall be licensed by the Council
for that privilege. This license effective
between July16 and valid until July 15, of the
following year (a bridging license from
January 31, 2002 to July 15, 2003 shall be
implemented), shall be obtained from the
Accounting Department under the following
terms and conditions:
(a) The buyer is a commercial seafood buyer
duly licensed or organized under the laws of
the Lummi Nation and/or the State of
Washington.
(b) The bond referred to in Section 10.08.040
is received.
(c) The buyer pays any business activity tax
on the purchase price paid to fishers as may be
required from time to time by Council
resolution. All taxes due shall be received by
the Council within 20 days of the end of each
quarter.
(d) The buyer withholds 6% tax on the gross
sale price of fish and shellfish purchased from
Lummi fishers, records the same on the Treaty
Indian Fish Receiving Tickets, and transfers
the tax withheld each month by the 10th day
of the following month.
(e) The buyer accepts that any tax not paid
when due shall bear interest at the rate of one
and one half (1 1/2) percent compounded
monthly for each month or portion thereof for
which the buyer is delinquent.
(f) The buyer completely and accurately fills
out a Treaty Indian Fish Receiving Ticket for
each purchase of fish or shellfish, imprints the
embossed valid commercial fishing
identification card of the seller, and posts
them to the Northwest Indian Fisheries
Commission within one (1) day unless
otherwise notified by the appropriate official
in the Lummi Natural Resources Department.
(g) The Buyer will provide harvest
management statistics from fish tickets as may
be requested by the Lummi Natural Resources
Department.
(h) The Buyer will fill out adjustment Treaty
Indian Fish Receiving Tickets as required by
the Lummi Accounting Department, and post
within one day of the adjustment.
(i) The buyer displays a current license and
adhesive emblem at each station.
(j) The buyer pays a license fee of $150.00
and $50.00 for each additional buying station.
(k) The buyer shall not purchase any fish or
shellfish from any Lummi fisher without a
valid Fish Buyers License.
(l) The buyer will provide reasonable access
to buying stations to Natural Resources
Enforcement Patrol for the purpose of
inspecting the products purchased from
Lummi fishers, and to Lummi Natural
Resources Department personnel for the
purpose of sampling fisheries products
purchased from Lummi fishers.
(m) The buyer agrees to be subject to the
jurisdiction of the Court in any action arising
from or concerning the Buyer’s Agreement
and the registration of any judgment from that
court in any state for the purpose of
enforcement.
(n) The buyer agrees to pay reasonable
attorney fees and all costs and expenses of any
litigation arising from dispute concerning
implementation of the terms and conditions of
the Buyers License Agreement.
Title 10 Natural Resources Code (2008)
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