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LCL 10 Natural Resources

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(o) Any other terms and conditions which<br />

may be required by the Accounting<br />

Department and the Lummi <strong>Natural</strong> <strong>Resources</strong><br />

Department.<br />

(p) The buyer agrees to surrender the license<br />

and emblem upon official notice from Lummi<br />

that requires it.<br />

(q) The buyer agrees to abide by all laws,<br />

titles, and regulations of the Lummi Nation,<br />

all applicable Federal Law and all regulations<br />

of the U.S. District Court.<br />

(r) The buyer, if purchasing clams, will<br />

within two (2) days of a purchase, deliver to<br />

the Lummi <strong>Natural</strong> <strong>Resources</strong> Department the<br />

cleaned official harvest bags in which clams<br />

were delivered by Lummi harvesters, and<br />

return harvest tags which were attached to the<br />

harvest bags in which clams were delivered by<br />

Lummi harvesters, after the National Shellfish<br />

Sanitation Program required holding period<br />

has expired.<br />

(s) The buyer will not purchase oysters from<br />

citizens of the Lummi Nation, except<br />

authorized representatives of the Lummi<br />

<strong>Natural</strong> <strong>Resources</strong> Department.<br />

In the case of severely limited fisheries,<br />

particularly shrimp and crab fisheries, where<br />

timely reporting of catches is essential to good<br />

management, buyers will report the daily<br />

landings by area, number of fishers and<br />

poundage on a message phone identified on<br />

the hotline prior to midnight each day of the<br />

fishery.<br />

(u) Violation of any portion of the Buyers<br />

Agreement issued under the provisions of this<br />

Section may lead to the following action by<br />

the Accounting office in consultation with the<br />

Commission:<br />

(1) Revocation of the Buyers License.<br />

(2) A penalty of <strong>10</strong>% of unpaid taxes and<br />

accrued interest for reinstatement after<br />

license revocation.<br />

(3) An administrative penalty of $<strong>10</strong><br />

dollars for each of the first <strong>10</strong> incorrectly<br />

filled in Treaty Indian Fish Receiving<br />

Tickets, or ticket not presented in a timely<br />

manner as required each year, and $25.00<br />

for every such violation thereafter.<br />

<strong>10</strong>.08.020 Purchase Without a Buyers<br />

License<br />

It shall be unlawful to purchase fish or<br />

shellfish from Lummi member without a<br />

current valid Buyers License issued pursuant<br />

to Section <strong>10</strong>.08.0<strong>10</strong>. Violation of any<br />

provision of this section shall be punishable<br />

by civil penalties of $<strong>10</strong>0.00, for minor<br />

offenses, to $5,000.00, for a buyer who has<br />

had his license revoked. If the license has<br />

been revoked, the violator must appear before<br />

the Council and the Commission before a<br />

Buyer’s License may be reissued to the buyer<br />

or to the facilities owned by the violator at the<br />

time of the violation, and<br />

<strong>10</strong>.08.030 Illegal Purchases<br />

(a) It shall be illegal for buyers to knowingly<br />

purchase from Lummi member’s fish and<br />

shellfish which has been harvested illegally<br />

and not otherwise prohibited in this section.<br />

Violation of any provision of this sub-section<br />

shall be punishable by civil penalties:<br />

First violation<br />

$300.00 to $600.00<br />

Second violation<br />

$500.00 to $1,000.00<br />

Subsequent violations<br />

$750.00 to $5,000.00<br />

(b) It shall be illegal to purchase crab which<br />

are smaller than the 6.25” caliper measure<br />

across the back in front of the horns. Any<br />

processor shaking crab shall retain the backs<br />

of all crab currently being processed for<br />

inspection of the <strong>Natural</strong> <strong>Resources</strong><br />

Enforcement Patrol. Penalty for violation of<br />

this sub-section shall be $<strong>10</strong>0.00 per crab<br />

smaller than 6.25” caliper measure across the<br />

back in front of the horns.<br />

(c) It shall be illegal to purchase crab from<br />

any fisher not at the at the buyer’s station<br />

within 4 hours of a fishery closure. Violation<br />

of this sub-section shall be punishable by a<br />

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

22

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