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(a) A person commits the offense of damage of natural resources if the person:

(1) Commits an offense as defined in YTC 15.10.070; and

(2) Knowingly, intentionally, or recklessly uses a poison, chemical, or other pesticide within the Yurok Reservation or on Tribal lands; and

(3) Such use will cause any of the following:

(A) Creation of a serious hazard to humans, wildlife, or domestic animals; or

(B) Degradation or harm to the environment or natural resources; or

(C) Pollution of an aquifer, spring, river, or body of water.

(b) Each potential hazard or harm to humans or a distinct natural resource shall constitute a separate offense, regardless of whether the harm arises from the same occurrence. A person whose actions may cause a hazard or harm to humans or a natural resource, regardless of whether an actual harm is created, may still be found to be in violation of this section. A person’s assertion that an actual harm or hazard was not created shall not constitute a valid defense against enforcement or prosecution. [Ord. 82 § 4109, renumbered, 4/10/2023; Ord. 35 § 4110, adopted, 2/6/2014. Formerly 15.10.150.]