LCL 10 Natural Resources

Enforcement and production of fisheries
resources.
10.22.040 Suspension of Privileges
When a penalty suspending fishing or hunting
privileges is prescribed herein, surrender of
the appropriate Commercial Fishing
Identification Card or Hunting permit and tags
to the Court shall be mandatory until such
time as the penalty is completely satisfied,
though it may be released at the discretion of
the Court for participation in other activities
than those in which the violation occurred.
Notice of such cards and or privileges
withdrawn shall be provided to the
Accounting Office, the Lummi Natural
Resources Department and the Natural
Resources Enforcement. Notice should also
be provided to the same offices when the
cards are returned when the judgment is
satisfied. Initially notices should be provided
in a written form. This notice shall be
provided in a secure electronic form as soon
as the technology is available to all offices
concerned.
The suspension of fishing and hunting
privileges:
(a) Except as otherwise provided in this Title,
suspension of privileges shall be in
consecutive days beginning with the first legal
opening in the management period for the
harvest of the species that was associated with
the original violation.
(b) Suspensions of fishing privileges for crab
for violations in any fishing regime shall be
served during the days in that fishing regime
which are open for commercial harvest and
may continue from one year’s regime to the
next. During the period of suspension of
crabbing privileges the suspended fisher may
not transfer ownership of pots or vessels
registered to him to any other crab fisher
participating in the fisheries under the
jurisdiction of the Nation.
(c) Violations for stocks or populations in
critical or conservation status be for the time
period identified in the judgment and shall
include all fishing privileges if the stock or
population is a stock usually caught by fishing
or all hunting privileges if the stock or
population is one usually caught by hunting.
10.22.050 Failure to Surrender
Identification Cards or Permits
Failure to surrender a Commercial Fishing
Identification Card or the appropriate hunting
permits or tags, and/or fishing or hunting
while privileges are suspended shall subject
the offender to criminal charges for
disobeying a lawful order of the court
pursuant to Title 5 of the Lummi Code of
Laws, or for Civil Contempt of Court.
10.22.060 Applicable Case History
A three (3) year case history research shall be
conducted to be used in consideration of any
penalties prescribed for an offender. The date
of each violation shall be the date of the
judgment for that violation. Such
determination shall be irrespective of whether
the offender was charged under a previous
version of this title. In all cases, the penalty
assessed for a violation shall consider
previous violations in the same type of
activity (i.e. Commercial
Fisheries/Shellfisheries, Subsistence Fisheries
and Shellfisheries, or Hunting) which have
similar recommended penalties for the
purpose of determining which level of penalty
shall be assessed.
10.22.070 Judicial Discretion to
Increase Suspension of Privileges
Notwithstanding any other provision of this
Title, the Court, at its discretion, may suspend
hunting and/or fishing privileges for a
specified period of time and/or increase civil
penalties up to a level of $5000.00 if the
violation or combination of violations before
it so warrants because of the jeopardy to the
Treaty Right or conservation of the natural
resource which has the recommendation of the
Commission.
10.22.080 Revocation of Citizenship
At the recommendation of the court or by
approval of a petition of 25 members
requesting disenrollment of a habitual violator
of the Provisions of Title 10 which prevents
the conservation of natural resources or
threatens the ability of the Lummi Nation to
manage natural resources under its jurisdiction
the Council may revoke the violator’s
Title 10 Natural Resources Code (2008)
59