03.11.2019 Views

LCL 10 Natural Resources

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(i.e. McNeil Island).<br />

(f) Every effort is to be made to avoid<br />

conflicts with the upland owners.<br />

(g) Cutting is restricted to all driftwood and<br />

logs not clearly identifiable as being owned by<br />

another party.<br />

(h) The permittee will hold harmless the LIBC<br />

for any actions of the permittee or his<br />

employees or damages occurring while on<br />

tribal lands.<br />

(i) The permittee assumes all risk of injury or<br />

loss arising out of the use of the permit or the<br />

entry onto tribal land.<br />

(j) The permit and the Lummi Nation Treaty<br />

of Point Elliott identification card issued<br />

pursuant to Section <strong>10</strong>.04.0<strong>10</strong> for every<br />

person working under the permit shall be<br />

available at the work site.<br />

(k) Permits will be valid only during specific<br />

time periods identified on the permit.<br />

(l) Any other conditions established by the<br />

Lummi <strong>Natural</strong> <strong>Resources</strong> Department and<br />

approved by the Commission and the Council.<br />

Failure to observe any condition of this<br />

section or permit issued pursuant to this<br />

section shall be a violation punishable by civil<br />

penalties as follows:<br />

First violation<br />

$ 50.00 to $500.00<br />

Second violation<br />

$<strong>10</strong>0.00 to $2,000.00 and loss of all fire wood<br />

permit privileges until the violator, after a<br />

period of one year, meets with the Council<br />

and the Commission and receives permission<br />

to receive woodcutting permits again.<br />

<strong>10</strong>.18.060 Permits for Harvest of<br />

Miscellaneous Forestry Products on Tribal<br />

(LIBC) Lands<br />

The Lummi <strong>Natural</strong> <strong>Resources</strong> Department<br />

may issue permits for the harvest of forestry<br />

products, including but not restricted to cedar<br />

boughs and cedar bark, from tribal lands, and<br />

open and unclaimed off reservation lands, to<br />

enrolled members of the Lummi Nation with<br />

terms and conditions as may be approved by<br />

the Commission.<br />

Failure to observe any condition of this<br />

section or permit issued pursuant to this<br />

section shall be a violation punishable by civil<br />

penalties as follows:<br />

First violation<br />

$ 50.00 to $500.00<br />

Second violation<br />

$<strong>10</strong>0.00 to $2,000.00 and loss of all permit<br />

privileges until the violator, after a period of<br />

one year, meets with the Council and the<br />

Commission and receives permission to<br />

receive permits again and loss of permit .<br />

<strong>10</strong>.18.070 Forest Practices Review<br />

Process<br />

Applications for the harvest or clearing of<br />

forest lands shall be submitted to the Planning<br />

Department for review under the land use<br />

process which will involve review by agencies<br />

other than the Lummi <strong>Natural</strong> <strong>Resources</strong><br />

Department. Before the Lummi <strong>Natural</strong><br />

<strong>Resources</strong> Department may issue a permit for<br />

the harvest or clearing of forest lands under<br />

the jurisdiction of this Chapter, it shall review<br />

the impact of the permitted activity on water<br />

quality, wildlife and fish habitat values using<br />

standards developed by the Director of<br />

<strong>Natural</strong> <strong>Resources</strong> in consultation with the<br />

Commission.<br />

Permits shall be conditioned to mitigate where<br />

impacts would reduce these values below<br />

acceptable levels. The party requesting a<br />

permit shall be responsible for submitting an<br />

initial statement of the potential impacts of the<br />

proposed actions and specific measures to<br />

minimize or mitigate for potential adverse<br />

impacts. The Lummi <strong>Natural</strong> <strong>Resources</strong><br />

Department shall review the proposal and<br />

after consulting with the other parties<br />

involved in the Planning Department Land<br />

Use review process approve it, as submitted.<br />

Or, after discussions with the party requesting<br />

a permit, and a site visit recommend other<br />

conditions prior to the issuance of a permit.<br />

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

52

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!