LCL 10 Natural Resources

privileges for 30 to 60 days.
Third violation
$500.00 to $1,000.00 and suspension of
fishing privileges until after the period of a
year, the violator meets with the Council and
the Commission and has fishing privileges
reinstated.
10.09.040 Unattended Nets Prohibited
It shall be a violation of this title to have a net
in a position to take fish without the member
or designated helper in the immediate area
attending it, and as noted in Section
10.09.050. Such an offense shall be
punishable by civil penalties as follows:
First violation
$ 50.00 to $100.00
Second violation
$100.00 to $200.00 and forfeiture of gear
Third violation
$250.00 to $500.00, forfeiture of gear and
suspension of fishing privileges for 30 to 60
days.
10.09.050 Stake Net Use
The following shall govern the use of stake
nets on the Reservation:
(a) It is unlawful to fish stake nets between
one hour after sunset and one hour before
sunrise as published in the Bellingham Herald
during openings listed on the Hotline
Message. All poles must be removed during
the closed period to provide equal opportunity
of access, except as follows:
(1) Special permits may be issued to Senior
Citizens under conditions of age and
infirmity which allow them to leave the net
tied in a non-fishing position on the poles
during the closed period.
(2) Senior Citizens with helpers operating
their stake nets must have the nets removed
during the closed period.
(3) Special permits may be issued by the
Lummi Natural Resources Department in
cases where there is little demand for
staking space, or interference with other
fishing activities, which will allow the
permit holder to leave the net tied on the
poles in a non-fishing position during the
closed period.
(b) No one shall have more than one stake net
gear set out at any one time.
(c) Nets staked out and fishing with no one in
attendance, which based on the observations
of the enforcement officer, have not been
attended for an unacceptable period of time
shall be considered unattended.
(d) Nets staked out during the day and left
overnight with no one in attendance shall be
considered unattended.
Violations of this section shall be punishable
with civil penalties as follows:
First violation
$ 50.00 to $100.00
Second violation
$100.00 to $200.00
Third violation
$250.00 to $500.00
Subsequent violations
$500.00 to $1,000.00 and suspension of
fishing privileges for 30 to 60 days.
10.09.060 On Reservation and In-River
Gear Prohibitions
The Lummi Natural Resources Director or his
Designee, in consultation with the Lummi
Natural Resources Commission, may prohibit
the presence of any Lummi fishing gear
including but not limited to nets, motor, and
gas tanks on board fishing boats, during
periods when no legal fishery is expected.
The prohibition shall be noted by Hotline
Message and shall specify the areas and times
of the prohibition.
Violation of such prohibition shall be
punishable by forfeiture of the gear and
additional civil penalties as follows:
First violation
$200.00 to $500.00 and suspension of fishing
Title 10 Natural Resources Code (2008)
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