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LCL 10 Natural Resources

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purpose than to impress buyer information on<br />

the Treaty Indian Fish Receiving Ticket.<br />

<strong>10</strong>.08.080 On Reservation Buyer’s<br />

Reports<br />

All persons or businesses purchasing or<br />

processing fish and shellfish within the<br />

bounds of the Lummi Reservation shall<br />

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

Department with copies of all reports<br />

submitted to the Washington State<br />

Government on fish and shellfish activities or<br />

monthly summaries of fish and shellfish<br />

buying activities from non-Lummi fishers as<br />

may be required by the Director.<br />

It shall be a violation of this title to fail to<br />

provide these reports when requested by the<br />

Director, punishable by a civil penalties as<br />

follows:<br />

First Offense<br />

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

Second Offense<br />

$<strong>10</strong>0.00 to $200.00<br />

Subsequent Offenses<br />

$150.00 to $500.00 and loss of Lummi Fish<br />

Buyers License.<br />

<strong>10</strong>.08.090 Clam Shippers and Packers<br />

It shall be unlawful to purchase clams or other<br />

bivalve mollusks from Lummi fishers unless<br />

the buyer has a valid Shellfish Sanitation<br />

Certification as a Shipper or Packer under the<br />

National Shellfish Sanitation Program , or if a<br />

tribal buyer, has the authority from his or her<br />

tribal government to purchase and ship<br />

shellfish under the standards of the National<br />

Shellfish Sanitation Program, and purchases<br />

from Lummi fishers only clams which are<br />

contained in an official Lummi Clam Harvest<br />

Bag, sealed by the official monitor with an<br />

attached, appropriately completed monitor tag.<br />

Violation of any provision of this section shall<br />

result in the forfeit of a current Lummi Buyers<br />

License and any bond posted to guarantee<br />

performance under the Buyers Agreement and<br />

be punishable by civil penalties as follows:<br />

First violation<br />

$300.00 to $1,000.00<br />

Second violation<br />

$2,000.00, and revocation of the buyer’s<br />

license. The violator must appear before the<br />

Council and the Commission before a Buyer’s<br />

License may be reissued to the buyer or to the<br />

facilities owned by the violator at the time of<br />

the violation.<br />

<strong>10</strong>.08.<strong>10</strong>0 Lummi Clam Buyers<br />

It shall be unlawful for any Lummi to<br />

purchase clams or other bivalve mollusks for<br />

resale without having a Shellfish Sanitation<br />

Certification under the National Shellfish<br />

Sanitation Program as a shellfish<br />

shipper/packer or written permission to<br />

operate under the Lummi Shellfish Sanitation<br />

Certificate pursuant to a written agreement<br />

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

Department to comply with the requirements<br />

established in the current National Shellfish<br />

Sanitation Program.<br />

Violations of any provision of this section<br />

shall be punishable by civil penalties as<br />

follows:<br />

First violation<br />

$300.00 to $1,000.00<br />

Second violation<br />

$2,000.00, and revocation of the buyer’s<br />

license. The violator must appear before the<br />

Council and the Commission before a Buyer’s<br />

License may be reissued to the buyer or to the<br />

facilities owned by the violator at the time of<br />

the violation.<br />

<strong>10</strong>.08.1<strong>10</strong> Fish Processors and Sellers<br />

All persons selling fish or shellfish in fresh or<br />

processed form on the Lummi Reservation, or<br />

Lummis selling such products off the<br />

reservation must:<br />

(a) Have an appropriate Buyer’s license<br />

issued pursuant to Section <strong>10</strong>.08.0<strong>10</strong>, if<br />

purchased from fishers, and any additional<br />

license required by the Lummi Nation,<br />

(b) Observe Lummi health and safety<br />

standards set forth in regulations promulgated<br />

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

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

24

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