LCL 10 Natural Resources
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(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 />
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