LCL 10 Natural Resources

Violations involving 10 or fewer crab:
$100.00 per illegal crab Violations involving
11 or more crab $100.00 per crab and
suspension of crabbing privileges for 30 days,
with the exception that soft crab in excess of
1% of the crab landed which revive when
returned to the sea will be punished at a rate of
$10.00 per crab.
On the 3 rd violation within 3 years, the penalty
will be as above, except that the crab fishing
privileges shall be suspended and a freeze on
the transfer of ownership of the vessel used in
the violation and all other pots owned by the
violator, and a prohibition of the use of any
vessel owned by the violator in crab fisheries
until the violator no earlier than 90 days from
the Court decision, requests and receives
permission from the Commission and the
Council to participate in the crab or shrimp
fishery again.
Crab on board a vessel or at a buyer’s station
is the responsibility of the fisher until it has
been accepted by the buyer after sorting.
10.13.160 Confiscated Pots
Crab and shrimp pots which have been
confiscated and forfeit as a result of a
violation according to provisions of this
Chapter shall become the property of the
Lummi Nation upon a guilty judgement, or in
the absence of evidence of the identify of the
legal owner, within a month of the seizure.
Forfeit and confiscated and pots of unknown
ownership shall be sold at public auction by
the Natural Resources Enforcement Patrol
during the first week of June each year and
quarterly as deemed necessary to reduce the
number of pots on hand
10.13.170 Recovered Pots
Crab and shrimp pots which have been
reported as missing by notice to the Lummi
Natural Resources Enforcement Patrol at the
Lummi Law and Order Office, or other
number noted on the hotline, noting the
identity of the fisher and the number and
location of pots which have been left in the
water after an opening, and that are recovered
by an authorized Lummi Natural Resources
Enforcement Patrol activity within 6 hours of
a closure of a fishery, or after a period of
unsafe weather conditions as determined by
the Director and noted on the hotline, may be
obtained by the registered owner from the
Natural Resources Enforcement Patrol on
payment of $15.00 per pot.
10.13.180 Abandoned Pots
Any crab or shrimp pot, not specifically
identified as subsistence or ceremonial, left in
the water more than 6 hours after the closure
of a fishery, excepting hours noted on the
regulation hotline as unsafe for pot recovery,
shall be considered to be fishing illegally,
abandoned and available for retrieval by any
Lummi fisher. Prior to embarking on a pot
recovery mission, a fisher must register with
the Natural Resources Enforcement Patrol at
the Law and Order office and obtain a pot
recovery permit for the time and area to be
searched for abandoned pots. Upon return
from a pot recovery activity, the permitted
fisher shall turn over all retrieved pots for
safekeeping and further legal action, if any, by
the Natural Resources Enforcement Patrol.
A list of recovered pots, indicating the pot and
buoy color markings, and the location of
recovery will be posted in the Natural
Resources office. Any fisher who can
document ownership of recovered pots that
were not fishing illegally, may recover pots
upon payment of up to $40.00 per pot to the
account of the fisher recovering the pots, or
any other settlement acceptable to the fisher
recovering the pots.
After two weeks of the list of recovered pots
being posted, any recovered, pots shall
become the property of the fisher recovering
them. Abandoned pots fishing illegally will
become the property of the fisher recovering
them at the conclusion of any legal actions
against the registered owner for illegal fishing.
10.13.190 Commercial Shrimp - Legal
Gear
It is unlawful to take, fish for, possess or
process shrimp for commercial purposes with
any gear except as follows, unless otherwise
provided by regulation:
(a) Shellfish Pot Gear is legal under the
Title 10 Natural Resources Code (2008)
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