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LCL 10 Natural Resources

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uyer’s, or station commercial quantities of<br />

crab more than 4 hours after the close of a<br />

fishery.<br />

Violations of this section shall be punishable<br />

by forfeiture of all crab in transport and:<br />

First violations: a civil penalty of $500.00.<br />

Subsequent violations within a 3 year period<br />

shall be punishable by a civil penalty of<br />

$800.00 and suspension of crab fishing<br />

privileges and a freeze on the transfer of<br />

ownership of all other pots owned by the<br />

violator and the vessel, and a prohibition of<br />

the use of the any vessel owned by the<br />

violator in crab fisheries until the violator no<br />

earlier than 90 days from the Court decision, a<br />

requests and receives permission from the<br />

Commission and the Council to participate in<br />

the crab fishery again.<br />

<strong>10</strong>.13.130 Use of Clams as Bait<br />

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

commercial crab pots: to possess live clams<br />

on a vessel registered in the commercial crab<br />

fishery or to use clams as bait in a crab fishery<br />

unless the fisher can document lawful harvest<br />

of the clams by a receipt from a buyer who<br />

has purchased the clams under the conditions<br />

of the National Shellfish Sanitation Program.<br />

Violations are punishable by civil penalties as<br />

follows:<br />

First violation<br />

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

Second violation<br />

$250.00 to $500.00 and loss of harvest<br />

privileges for 30 to 60 days.<br />

Subsequent violations<br />

$500.00 to $<strong>10</strong>00.00 and loss of harvest<br />

privileges until the violator, after one year of<br />

the court decision, meets with the Council and<br />

the Commission and has crab fishing<br />

privileges restored.<br />

<strong>10</strong>.13.140 Use of Ground Lines<br />

The use of ground lines in the crab fishery is<br />

unlawful, unless specifically provided for in<br />

regulations to avoid pot loss in high traffic<br />

lanes. Violation of this section shall be<br />

punishable by forfeiture of all catch, gear, and<br />

vessels involved in the illegal activity and a<br />

civil penalty of:<br />

First violation: $500.00 and 30 days<br />

suspension of crab fishing privileges and a<br />

freeze on the transfer of ownership of all other<br />

pots owned by the violator and the vessel, and<br />

a prohibition of the use of the any vessel<br />

owned by the violator in crab fisheries for the<br />

period of the suspension.<br />

Subsequent violations within a 3 year period<br />

shall be punishable by a civil penalty of<br />

$800.00 and suspension of crab fishing<br />

privileges, a freeze on the transfer of<br />

ownership of the vessel used in the violation<br />

and all other pots owned by the violator, and a<br />

prohibition of the use of any vessel owned by<br />

the violator in crab fisheries until the violator,<br />

no earlier than 90 days from the Court<br />

decision, requests and receives permission<br />

from the Commission and the Council to<br />

participate in the crab fishery again.<br />

<strong>10</strong>.13.150 Legal Commercial Dungeness<br />

Crab<br />

It shall be unlawful for any person involved in<br />

commercial crab harvest to take, or possess:<br />

(a) Female Dungeness crabs, or<br />

(b) Dungeness crabs measuring less than 6 1/4<br />

inches, caliper measurement across the back<br />

immediately in front of the tips, or<br />

(c) Soft Dungeness crab in excess of 1% of<br />

the crab numbers on board a vessel. Crab are<br />

soft when the shell will yield more than 1/8th<br />

of an inch when normal pressure is applied<br />

with the thumb and finger to the top and<br />

bottom of the crab in the area of the base of<br />

the claw, or which fail to revive when<br />

returned to the water.<br />

(d) Crab without backs or which have been<br />

processed in a manner, which will not allow<br />

the determination of the size or sex of the<br />

individual.<br />

The possession of illegal crab on board a<br />

vessel or in transit to a processor shall be<br />

considered a violation punishable a civil<br />

penalty.<br />

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

36

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