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(a) An FOM permit will authorize the selling of fresh fish to non-Tribal members. Tribal fishers may always sell fish to Yurok Tribal members unless prohibited by an adjustment.

(b) A Tribal member is not required to harvest fish to be eligible to obtain an FOM permit; however, the Tribal member must have taken the commercial fisher training. These permits may be obtained at the Yurok Tribal Commercial Fishing Checkpoint (“Checkpoint”), which will be located at Requa, hours to be posted in an adjustment.

(c) Fresh Chinook salmon may be sold to a non-Tribal member buyer, within or outside of the Reservation, with an FOM permit in accordance with the following provisions:

(1) Only Estuary Fish May Be Sold. The sale of fresh fish harvested above the commercial zone is not permitted. Separate permits for sales of smoked fish or holding frozen fish for later sale are available as described for the Value Added Fishery.

(2) FOM Permit. A fisher with a commercial license must obtain an FOM permit authorizing the sale of commercial fish to non-Tribal members. The FOM permit is valid for the sale of fresh fish only. In order to receive an FOM permit, the following requirements must be met:

(A) Only fresh commercial Chinook salmon are eligible for sale.

(B) An FOM permit may only be issued to an eligible fisher with a commercial license.

(C) The fisher seeking the FOM permit must transport the commercial fish by boat to designated Yurok Tribal staff for inspection.

(D) Any fish that Yurok Tribal inspection staff determines does not meet quality control requirements or other commercial use requirements shall be clipped immediately by the fisher and shall not be eligible for an FOM permit. Failure to immediately clip a fish as directed by the Yurok Tribal inspection staff shall constitute a level two offense.

(E) Information to be contained on the FOM permit includes the following:

(i) Expiration date;

(ii) Number of fish to be sold;

(iii) Location of harvest;

(iv) Tribal identification number of the permit holder; and

(v) Permit holder’s name.

(3) Use Fee. A use fee may be charged at the time the FOM permit is issued as specified by an adjustment.

(4) Expiration of FOM Permit. An FOM permit shall expire five calendar days from the date of issuance, unless an earlier date is specified on the permit. No Find Own Market fish may be sold after that date.

(5) Fish Sales Receipts. A fish sales ticket in triplicate shall be issued with the FOM permit in the number requested by the commercial fisher, but no more than one ticket per fish.

(6) Return of Sales Tickets. All FOM fish sales must be tracked. Whenever an FOM transaction is made, the fisher must fill out the ticket and retain one copy, provide a copy to the buyer, and deliver or mail a copy to the Yurok Tribal Fisheries Department within three days of the expiration of the FOM permit. The following conditions shall apply to the return of sales tickets:

(A) A copy of all used sales tickets must be returned no later than three days after expiration of the FOM permit.

(B) A copy of all used sales tickets must be returned to the checkpoint where they were obtained, or by mailing to the Yurok Tribal Fisheries Program, Attn: Commercial Fishery, P.O. Box 1027, Klamath, California 95548.

(C) The Tribe may refuse to issue an FOM permit to any person who failed to return all prior fish sales tickets within three days of fish sale or permit expiration date.

(D) Any unused ticket must be returned in the original triplicate.

(E) Failure to return any used or unused ticket shall result in a $15.00 fine per ticket for the first offense, $50.00 per ticket for the second offense, and on the third offense the offender shall become ineligible for an FOM permit for one year.

(7) Returned Sales Ticket Information. Returned fish sales tickets shall contain the following information:

(A) Number of fish sold;

(B) Date fish were sold;

(C) Price per pound or price per fish sold;

(D) Name of seller;

(E) Tribal identification number of seller; and

(F) Commercial license number of seller.

(8) Any additional requirement established by an adjustment. [Ord. 44 § 1508, adopted, 7/23/2015.]