LCL 10 Natural Resources

when such waters are opened for commercial
crab fisheries by the Regulation Hotline,
provided that upon notice to the Lummi
Natural Resources Enforcement Patrol at the
Lummi Law and Order Office noting: the
identity of the fisher and the number and
location of pots which have been left in the
water after an opening and the registration of
the vessel which will recover them, the fisher
may collect the pots within 48 hours of the
closure provided that there are no crab
retained on the vessel.
(b) Violations of this section shall be punished
by forfeiture of crab and pots on board the
vessel, and all pots left in the water and with
civil penalties as follows:
(1) $100.00 per pot left in the water, and
(2) If crab are found on the vessel, $500.00,
suspension crabbing privileges for 20 days
and a freeze on the transfer of any crab
pots, or vessels.
(3) Three violations of this section within a
3 year period have the same monetary
penalties and the suspension of crabbing
privileges, a freeze on the transfer of
ownership the vessel involved in the
violation, all other pots owned by the
violator and a prohibition of the use of the
any vessel owned by the violator in crab
fisheries until the violator, after the period
of a year, meets with the Council and
Commission and has crab fishing privileges
restored.
10.13.100 Gear Limits
Failure to observe the gear limits established
by regulation for any crab opening shall be
punishable by confiscation of all pots in the
water, at the staging area and on the vessel
which shall be forfeit, a freeze on the transfer
of ownership the vessel involved in the
violation, all other pots owned by the violator
and a prohibition of the use of the any vessel
owned by the violator in crab fisheries for a
year and a civil penalty of $100 per pot being
fished over the limit.
10.13.110 Unlawful Harvest
It shall be unlawful for anyone to harvest crab
or shrimp pots for commercial purposes,
except when such harvest is opened for
commercial crab or shrimp fisheries by the
Regulation Hotline, or, when open, from pots
other than those specifically registered to the
fisher and from the specific vessel registered
to fish the pots. The Director in consultation
with the Commission may issue a special
permit for harvest of crab or shrimp by a
person or vessel other than those registered
when the fishery is opened by the Regulation
Hotline when warranted by special
circumstances such as vessel breakdown,
severe medical incapacity, or limited requests
by seniors registered in the fishery for at least
the previous 2 years. For the purpose of this
Chapter, any commercial crab or shrimp gear
found fishing outside of boundary lines
established to manage the fishery shall be
deemed to be the responsibility of the
registered owner unless that owner has
reported to the Natural Resources
Enforcement Patrol that the commercial gear
has been stolen or lost. The harvest from
commercial crab or shrimp gear outside of
boundary lines identifying an open area shall
be a violation of this Section. Violations of
this section, which are clearly theft, shall be
prosecuted under the appropriate provision of
the Lummi Code of Laws. Otherwise, the
offense shall be punishable by civil penalties
as follows:
First Violation
$250.00 to $500.00 and suspension of crab or
shrimp privileges for 30 to 60 days.
Subsequent Violations $800.00 and
suspension of crab or shrimp fishing
privileges and a freeze on the transfer of
ownership of all other crab or shrimp pots
owned by the violator and the vessel, and a
prohibition of the use of the any vessel owned
by the violator in crab or shrimp fisheries until
the violator no earlier than 90 days from the
Court decision, a requests and receives
permission from the Commission and the
Council to participate in the crab or shrimp
fishery again.
10.13.120 Unlawful Possession of Crab
It shall be a violation of this section to have
on board a vessel or vehicle in transit to a
Title 10 Natural Resources Code (2008)
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