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(a) YTEP shall work with OTA to develop appropriate enforcement forms and methods.

(b) In addition to any remedies and penalties provided that may be available by law, the following sanctions may be imposed:

(1) Any organisms that are the subject of violation of this chapter may be confiscated, quarantined, and destroyed before any genetic contamination may occur. If genetic contamination has already occurred, the contaminated organisms may be confiscated, quarantined, and destroyed in accordance with due process.

(2) Testing, administrative, and abatement costs associated with the confiscation and destruction of organisms may be imposed on responsible parties (namely the person(s), corporation(s), or other entities responsible for the violation). If contamination has already occurred, costs for remediation of contamination may be imposed on responsible parties.

(3) In imposing administrative and abatement costs and other fees, fines, and accrued interest on the responsible parties, YTEP shall take into account the amount of actual and reasonably foreseeable damage and the degree of willfulness, reckless disregard, or negligence of the person, corporation, or entity involved. Fines shall be payable to the enforcing department.

(4) The Tribe or any individual within the Tribe’s jurisdiction shall have standing to assert any rights secured by this chapter (for violations occurring within the Tribe’s territory) that have been violated or are threatened with violation, and may seek injunctive and/or compensatory relief from the Tribal Court. While an individual may recover actual damages, any assessed fines are payable to the enforcing agency. [Ord. 46 § 8304, adopted, 12/10/2015.]