LCL 10 Natural Resources

subsistence harvest party. The permit, which
shall be valid for one month, shall have the
number in the harvest party, the area(s) and
date(s) dug with the quantity of harvest by
species. Subsequent permits will be
conditioned upon return of completed
previously issued permits.
10.14.110 Restricted Senior Clam
Harvest Area
That portion of the reservation beach in
Portage Bay adjacent to Lummi Shore Road
east of the Pole at Victor Solomon’s house
known as 21A-S4 shall be reserved for the
exclusive use of seniors.
Subsistence Harvest - Non-senior Lummi
Citizens with a permit issued by the Lummi
Natural Resources Department, may assist the
seniors in harvesting their clams for
subsistence purposes so long as their senior is
in the immediate area of the beach and the
harvest does not attain the level of a
commercial harvest for the senior being
assisted.
Commercial Harvest - Lummi senior citizens
may harvest manila clams commercially when
opened by regulation in this area. They may
be assisted by a helper with a permit issued by
the Lummi Natural Resources Department
provided the helper is not also participating in
the commercial harvest.
Violations of this section shall be punishable
by civil penalties as follows:
First violation
$100.00 to $200.00
Second violation
$250.00 to $500.00 and loss of clam harvest
privileges for one to two months.
Subsequent violations
$500.00 to $1000.00 and loss of clam harvest
privileges until the violator, no sooner than
one year from the judgement of the court,
meets with the Council and Commission and
has clam harvest privileges restored.
10.14.120 Ceremonial Clam and Oyster
Harvest
The Director, or his designee, may issue a
permit for ceremonial harvest in excess of 50
pounds per harvester for funeral, memorial, or
other ceremonial purposes approved by the
Commission. This permit shall contain the
names of the harvesters, the purpose of the
harvest, the area of the harvest, the amount
and the type of clams to be harvested, and the
date of the harvest and require the harvesters
to identify their vehicle as being used in a
ceremonial clam or oyster harvest. At the
expiration of the permit, the permittee shall
report the area, and date of harvest and the
quantity of each clam harvested. Failure to
return completed permits may jeopardize the
opportunity to obtain subsequent permits
10.14.130 Commercial Harvest of
Oysters and Butter Clams Prohibited
It shall be a violation of this title to sell,
attempt to sell, to use in commercial fishing
operations or to possess quantities of oysters
and butter clams in commercial quantities
punishable by civil penalties as follows:
First violation
$100.00 to $200.00
Second violation
$250.00 to $500.00 and loss of harvest
privileges for one to two months.
Subsequent violations
$500.00 to $1000.00 and loss of all clam
harvesting privileges until the violator, after a
period of one year, meets with the Council
and the Commission and receives permission
to exercise clam harvesting privileges again.
10.14.140 Clam Aquaculture
Any clam, oyster or other bivalve mollusk
aquaculture operation under the jurisdiction of
this title shall observe the provisions of the
Clam Sanitation Program Chapter, and ensure
that operations do not introduce organisms
which will disturb the productive capacity of
naturally growing clams of economic interest
to Lummi or the water quality in harvest areas
of economic importance to Lummi. The
Director may establish, by regulation,
reporting requirements from clam aquaculture
Title 10 Natural Resources Code (2008)
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