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LCL 10 Natural Resources

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following conditions:<br />

(1) A maximum of <strong>10</strong>0 pots per fisher<br />

(2) Buoys of durable material capable of<br />

remaining at the surface with a 5 pound<br />

weight attached and with the ID number of<br />

the owner clearly marked must be attached<br />

to each pot, or line of pots by a line which<br />

is sufficiently weighted to prevent the line<br />

from floating on the surface.<br />

(3) All entrance tunnels must open into the<br />

pot from the sides, and the sum of the<br />

maximum widths of the entrance tunnels<br />

shall not exceed one-half of the perimeter<br />

of the bottom of the pot.<br />

(4) The attachment of pot lid hooks or tiedown<br />

straps shall be with a natural fiber no<br />

larger than thread size 120 so that the pot<br />

lid will open freely if the twine or fiber is<br />

broken, or an opening in the pot mesh no<br />

less than three inches by five inches,<br />

located in the top half of the pot unimpeded<br />

by entry tunnels, bait boxes, or other<br />

structures or materials which are laced or<br />

sewn closed with natural fiber no larger<br />

than thread size 120.<br />

(5) Other restrictions as may be specified<br />

in regulations by the Lummi <strong>Natural</strong><br />

<strong>Resources</strong> Department.<br />

(6) All pots shall be registered with, and<br />

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

Department.<br />

(b) Failure to comply with the requirements in<br />

this section shall be an offense punishable by<br />

civil penalties per illegal pot as follows:<br />

First violation<br />

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

Violations in excess of <strong>10</strong> pots<br />

$200.00 per pot and suspension of shrimping<br />

privileges for 30 to 60 days.<br />

<strong>10</strong>.13.200 Commercial Shrimp Seasons<br />

It is unlawful to take, fish for, or process<br />

shrimp for commercial purposes unless the<br />

area is otherwise permitted by<br />

regulation/hotline.<br />

A fist violation of this section shall be<br />

punishable by a civil penalty of $500,<br />

suspension of shrimp fishing privileges for <strong>10</strong><br />

days forfeiture of all gear involved in the<br />

illegal activity, a freeze on the transfer of<br />

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

violator and the vessel used in the violation,<br />

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

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

the period of the suspension.<br />

On the second violation within 3 years, the<br />

civil penalty will be $1,000 and suspension of<br />

shrimp fishing privileges and a freeze on the<br />

transfer of ownership of all other pots owned<br />

by the violator and the vessel, and a<br />

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

by the violator in shrimp fisheries until the<br />

violator, no earlier than one year from the<br />

Court decision, requests and receives<br />

permission from the Commission and the<br />

Council to participate in the shrimp fishery<br />

again.<br />

<strong>10</strong>.13.2<strong>10</strong> Illegal Use of Subsistence<br />

Shrimp<br />

It is illegal to sell shrimp taken in a<br />

commercial fishery except to a Lummi<br />

Licensed Buyer, or shrimp taken in a<br />

ceremonial or subsistence fishery.<br />

First Violations of this section shall be subject<br />

to a civil penalty of $500.<br />

Second violation within 3 years, the civil<br />

penalty will be $1,000 and suspension of<br />

shrimp fishing privileges and a freeze on the<br />

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

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

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

owned by the violator in shrimp fisheries until<br />

the violator, no earlier than one year from the<br />

Court decision, requests and receives<br />

permission from the Commission and the<br />

Council to participate in the shrimp fishery<br />

again.<br />

<strong>10</strong>.13.220 Shellfish Logs<br />

It is unlawful for any vessel operator engaged<br />

in commercial crawfish, sea cucumber, sea<br />

urchin, scallop, shrimp, squid, or octopus<br />

fishing or operator of a mechanical clam<br />

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

38

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