LCL 10 Natural Resources

civil penalty of $500.00 per illegal purchase.
Any buyer judged to be guilty of more three
violations of this section within a 3 year
period, or who has not settled any outstanding
judgements assessed for violations of this
section, shall be denied any future Lummi
Buyers Licenses and a buyers license will be
denied for any party using the facilities used
in the buying operation. The violator must
appear before the Council and the
Commission before a Buyer’s License may be
reissued to the buyer or to any buyer using
facilities owned by the violator at the time of
the violation. A Buyers License can not be reissued
to the buyer or for the facilities until all
obligations from previous licenses have been
met.
10.08.040 Buyers Required to Post
Bond
The purpose of a bond required from buyers is
to ensure that all required taxes and
surcharges are received by the Nation. Unless
otherwise specified by the Finance Director in
consultation with the Commission, each buyer
shall be required to post a bond in an amount
of $20,000.00 or two hundred percent (200%)
of the tribal tax which was or should have
been collected by him during the preceding
fishing season. In the case where there is no
history of purchases from Lummi fishers, the
bond shall be the equivalent to the taxes,
which could be collected from the expected
purchases for a three (3) month period. In
special cases, the Finance Director, in
consultation with the Director and the
Commission may establish bonding and/or tax
payment conditions in the buyer’s agreement
that will meet Lummi tax collection and
fisheries development objectives. Conditions
such as collateral instead of bond, or daily or
weekly payments may be approved the
Accounting Department in consultation with
the Commission. This bond shall be
conditioned on prompt payment of obligations
to Lummi; failure to pay taxes and surcharges
when due shall be grounds for revocation or
suspension of a Buyers License. No buyer
shall be issued a license until the balance
owing from the previous year is cleared or an
agreement on clearing up the balance owing
from the previous year has been reached
between the buyer and the Finance Director,
in consultation with the Director and the
Commission.
10.08.050 Violation-Revocation of
License
Any buyer who shall have disregarded or
violated the rules and regulations set forth in
this title or issued under the authority of this
title must surrender his/her license to purchase
fish or shellfish to the Natural Resources
Enforcement Patrol upon request by the
Finance Director in consultation with the
Commission. Violation of this section shall be
punishable by a civil penalty of $100.00.
10.08.060 Buyers Identification Cards
All persons or businesses purchasing fish from
Lummi fishers must have a wholesale fish
buyers embossed identification card issued by
the State of Washington or applicable tribal
government, and make an imprint of that card
on the Treaty Indian Fish Receiving Tickets
used to record the transaction.
Violation of any provision of this section shall
be punishable by civil penalties as follows:
First offense
$ 50.00 to $100.00
Second offense
$100.00 to $200.00
Subsequent offenses
$150.00 to $500.00 and loss of Lummi Fish
Buyers License.
10.08.070 Lummi Fish Buyer
Identification Card
The Director may issue a tribal fish buyer
identification card to any enrolled Lummi or
any Party, when it has been determined by the
Director, in consultation with the Commission
to be in Lummi’s best interest to do so, with a
valid Lummi Fish Buyers License issued
pursuant to Section 10.08.010, wishing to
purchase fish for resale pursuant to the treaty
right upon submission of an application
containing the information required by the
Director. There is no charge for this
identification card. A tribal fish buyer
identification card is valid for no other
Title 10 Natural Resources Code (2008)
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