LCL 10 Natural Resources

and the Commission and receives permission
to receive woodcutting permits again.
10.18.040 Permit for Non-Commercial
Firewood from Assignment Land
The Lummi Natural Resources Department
may issue permits to citizens of the Lummi
Nation for the non-commercial cutting of
firewood on assignment land under the
following terms and conditions:
(a) The applicant is an enrolled member of the
Lummi Nation who owns the assignment land
where the wood is to be cut or has approval in
writing from 51% of the registered owners of
the land.
(b) No persons other than enrolled members
of the Lummi Nation shall assist in the cutting
of firewood.
(c) Cutting is restricted to the area and times
specified on the permit.
(d) The permit is available at the work site
with the Lummi Nation Treaty of Point Elliott
identification card issued pursuant to Section
10.04.010 for each person working under the
permit.
(f) Cutting is restricted to Red Alder, Maple,
Birch, and other hardwoods.
(g) All firewood in the work area must be cut
and removed before moving to a new area,
and all roads and ditches are to be kept free of
tops and other slash at all times.
(h) Trees must be utilized to a 4-inch top, and
stumps must be cut shorter than the tree’s
diameter.
(i) The permittee assumes all risk of injury or
loss arising out of the use of the permit or the
entry onto the assignment land, and all roads,
rights of way, easements, or similar access
roads owned, constructed or maintained by the
Lummi Nation.
(i) Any other conditions established by the
Lummi Natural Resources Department and
approved by the Commission and the Council.
(j) The harvest is restricted to less than 10
cords in any one season. Harvest of more than
10 cords will require a timber-cutting permit.
Failure to observe any condition of this
section or permit issued pursuant to this
section shall be a violation punishable by civil
penalties as follows:
First violation
$ 50.00 to $500.00
Second violation
$100.00 to $2,000.00 and loss of permit
privileges for six months to one (1) year and
forfeiture of wood.
Subsequent violations
$200.00 to $5,000.00 and loss of all fire wood
permit privileges until the violator, after a
period of one year, meets with the Council
and the Commission and receives permission
to receive woodcutting permits again, and
forfeiture of wood, saws, and equipment.
10.18.050 Permit for Driftwood Use
from Lummi Tidelands
The Lummi Natural Resources Department
may issue a permit allowing the cutting of
driftwood and logs found on the tidelands
within the exterior boundaries of the Lummi
Reservation, that area seaward of the natural
vegetation or the meander, whichever be
more, under the following terms and
conditions:
(a) Fees are paid as follows:
Personal use, no charge
Firewood to be sold, $7.50 per cord
Cedar shakes to be sold, $15.00 per cord.
(b) Permits are limited to fifteen (15) cords.
(c) The applicant is an enrolled member of the
Lummi Nation.
(d) No persons other than enrolled members
of the Lummi Nation shall assist in the cutting
or handling of the wood.
(e) Cutting and removal of wood is restricted
to reservation tidelands except around Portage
Island, and islands within the Nooksack River
Title 10 Natural Resources Code (2008)
51