CSV.1.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Adequate Backstop" means a condition upon which a hunter should know that their discharged bullets will fall harmless.

(b) "Bark" means the tough outer covering of the woody stems and roots of trees, shrubs, and other woody plants. It includes all tissues outside the vascular cambium.

(d) "Body Gripping Trap" means a trap that is designed to allow the animal's head, neck or torso to enter the trap opening and be held by compression of the jaws around the head, neck or torso when the trap is sprung and which is not a cage trap, enclosed trigger trap, snare, restraining snare or steel jawed trap.

(e) "Bough" means any branch of a tree less than 2 inches in diameter.

(f) "Bow" means any hunting instrument designed for the purpose of propelling arrows which is drawn and held by and through the efforts of the person releasing, but does not include crossbow.

(g) "Branch" means any woody stem or branchlet that grows or extends from a tree.

(h) "Carcass" means the dead body of any wild animal to which it refers, and, unless clearly indicated to the contrary by a specific provision of this ordinance in particular circumstances, includes the hide or skin and head.

(i) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(j) "Collect" means to acquire, or otherwise obtain or attempt to collect, acquire, or otherwise obtain possession by means other than "take" as defined in Section CSV.1.2.010(vvv) of this ordinance, of any migratory bird, feathers, or parts thereof within the ceded territory for religious, ceremonial, and cultural purposes in accordance with the traditions and customs of the Tribe.

(k) "Colony Trap" means while trapping to use an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap no to exceed 6" (six inches) in width, 6" (six inches) in height and 36" (thirty-six inches) in length.

(l) "Commercial Harvesting" means any harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting of natural resources for subsistence uses.

(m) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:

(1) Removal or transportation of a small game animal from one location to a more appropriate location;

(2) Restraint or transportation of a small game animal for treatment or medical care; or

(3) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Tribe;

(n) "Crossbow" means a device using a bow that, once drawn, is held solely by means other than the effort of the person firing it.

(o) "Designated Trap Line" means a specific site identified and established by the tribal conservation department, for which a trap line site permit has been issued.

(p) "Designated Fuelwood Harvesting Area" or "Woodlot Area" means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting.

(q) "Designated Sugarbush Area" means a specific site identified and established by the tribal conservation department according to Section CSV.1.12.040(j) of this ordinance, for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(r) "Designated Timber Contract Area" means a defined location which has been delineated by the land manager for the purposes of a timber sale offering and for which a valid timber sale contract has been executed.

(s) "Designated Use Area" means a specific site designated and maintained by the land manager for any activity or use as part of the operation and management of reservation land, and includes, but is not limited to offices, buildings, campgrounds, mowed areas, picnic areas, public beaches, parking lots, trails, access and maintenance roads.

(t) "Dip Net" means a piece of netting suspended from a round or square frame not exceeding 8 feet in diameter or 8 feet in width and 8 feet in length.

(u) "Dry Land Set" or "Upland Snare" means any trap or snare that is set or staked in such a manner as to prevent the trapped animal from reaching water that is not frozen or is not set in a manner capable of drowning the captured animal.

(v) "Enclosed Trigger Trap" means any trap with a pull-activated trigger, inside an enclosure, and recessed 1¼ inches or more, from an opening that is no greater than 1¾ inches in diameter.

(w) "Endangered Species" means any wild animal, wild rice, or miscellaneous forest product designated as rare or endangered by the Tribal Governing Board, or the United States Department of the Interior pursuant to 50 CFR §§ 17.11 and 17.12.

(x) "Firearm" means rifle, shotgun, handgun or other type of gun.

(y) "Firewood" or "Fuelwood" means any dead tree or part thereof, either standing or downed, which is harvested for and is to be used as fuel.

(z) "Fishing" includes taking, capturing, killing or attempting to take, capture or kill fish of any variety in any manner. When the word "fish" is used as a verb, it shall have the same meaning as the word "fishing" as defined herein.

(aa) "Furbearer" means fur bearing animals including coyote, red fox, gray fox, bobcat, beaver, otter, muskrat mink, weasel, skunk, raccoon, badger, fisher, lynx and opossum.

(bb) "Fyke Net" or "Trap Net" means a device constructed of netting which may employ a frame, wings or wings and leads, and which directs the movement of fish through a funnel of netting into inner hearts or built-in forebays wherein the fish are trapped by their own movement.

(cc) "Game" means small game and big game.

(dd) "Game fish" includes all varieties of fish except rough fish and minnows; "rough fish" includes chub, dace, suckers, carp, goldfish, redhorse, freshwater drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, smelt, and carpsucker; "minnows" includes suckers, mud minnows, madtom, stonecat, killifish, stickleback, trout-perch, darters, sculpin and all minnow family cyprinids except goldfish and carp.

(ee) "Gathering" means to take or acquire or attempt to take or acquire possession of any miscellaneous forest product or any part thereof.

(ff) "Gathering Products" means all products of miscellaneous forest products other than non-timber forest products such as: branchlets, roots, berries, fruits, nuts, and seeds.

(gg) "Gillnet" means any net set to capture fish by entanglement rather than entrapment.

(hh) "Ginseng" means the roots, seeds or other parts of wild American ginseng (Panax quinquefolium or Panax quinquefolius).

(ii) "Hook and Line" means a rod and reel or similar device including a tip up and hand held lines, and includes trolling.

(jj) "Hunt" or "Hunting" includes shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals, except that "hunt" or "hunting" does not include the recovery of any wild animal which has already been lawfully reduced to possession.

(kk) "Ice Fishing" means fishing though an artificial hole in the ice.

(ll) "Land Manager" or "Tribal Forestry Manager" means any owner or the entity responsible for the management of any reservation land.

(mm) "Live Trap" means a trap that is not used as a water set or in conjunction with a steel jawed trap, an enclosed trigger trap or body gripping trap, and that is designed to allow an animal to enter the trap enclosure, be captured and remain alive inside the cage or box type enclosure until it can be released unharmed or reduced to possession by the operator of the trap.

(nn) "Lodgepoles" means any tree that is less than 5 inches DBH (diameter at breast height).

(oo) "Migratory Bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 CFR § 10.13, or which is a mutation or a hybrid of any such species, including any feather, part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or in part of any feather, part, nest or egg thereof.

(pp) "Migratory Bird Bag Limits" mean:

(1) "Aggregate bag limit" means a condition of taking in which two or more usually similar species may be bagged (reduced to possession) by the member or duly authorized non-member in predetermined or unpredetermined quantities to satisfy a maximum take limit.

(2) "Daily bag limit" means the maximum number of migratory birds of a single species or combination (aggregate) of species permitted to be taken by one member or duly authorized non-member in any one day during the open season.

(3) "Aggregate daily bag limit" means the maximum number of migratory birds permitted to be taken by one member or duly authorized non-member in any one day during the open season when such member hunts for more than one species for which a combined daily bag limit is prescribed for any one species.

(4) "Possession limit" means the maximum number of migratory birds of a single species or a combination of species permitted to be possessed by any one member or duly authorized non-member when lawfully taken within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(qq) "Migratory Bird Preservation Facility" means:

(1) Any person who, at his residence or place of business and for hire or other consideration; or

(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(3) Any hunting club which, in the normal course of operations: receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

(rr) "Miscellaneous Forest Products" means any undomesticated species, or part thereof, of the plant and fungi kingdoms occurring in both forested and non-forested natural ecosystems including: non-timber forest products as defined in Section CSV.1.2.010(vv) of this ordinance; wild plants as defined in Section CSV.1.2.010(oooo) of this ordinance; gathering products as defined in Section CSV.1.2.010(ff) of this ordinance; and endangered or threatened plant species as defined in Section CSV.1.2.010(w), but for the purposes of this ordinance excludes wild rice and timber.

(ss) "Motor Vehicle" means a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle that is operated on a highway, on a railroad track, on the ground, in the water, or in the air.

(tt) "Muzzleloader" means a black powder rifle, a black powder shotgun, or a black powder handgun which receives a black powder or a commercially black powder substitute charge through a muzzle.

(uu) "Net" means any dip net, fyke net, gill net or seine and when used as a verb means to fish with any of these nets.

(vv) "Non-Timber Forest Products" means any of the following miscellaneous forest products: bark, boughs, firewood, lodgepoles, and sap as further defined in this section.

(ww) "Open Water Fishing" means all fishing other than fishing through an artificial hole in the ice.

(xx) "Personal abode" means a member's principal or ordinary home or dwelling place, as distinguished from one's temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure or business trip.

(yy) "Possess" means to own, restrain, keep in captivity or transport a small game animal.

(zz) "Possession" means having killed, harvested, or otherwise obtained or acquired any wild animal, wild rice, or miscellaneous forest product subject to the provisions of this ordinance.

(aaa) "Pursuit" means to follow in an effort to overtake or capture or to proceed along the course of.

(bbb) "Protected" when used in reference to any wild animal, wild rice, or miscellaneous forest product means that the hunting, fishing, trapping or gathering of such animal, wild rice, or miscellaneous forest product is expressly prohibited except as authorized or regulated by this ordinance.

(ccc) "Regulations" means any conservation regulation contained within this ordinance.

(ddd) "Reservation" or "Reservation Lands" means those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe but for the purpose of this ordinance does not pertain to allotted, heirship, or governmental lands, except as follows:

(1) This ordinance does apply to an individual alottee or heir harvesting on their allotment or heirship "reservation" lands, and;

(2) This ordinance does apply to all Members and duly authorized non-members harvesting on allotee, heirship or governmental "reservation" lands with the express written authorization to access such lands by the landowner.

(eee) "Restraining Snare" means while trapping to use a wire noose used for restraining furbearing animals which does not allow the device or trapped animal to reach unfrozen water.

(fff) "Roadways" means any governmental roadway where vehicular traffic is not restricted and the roadway is routinely used by the general public.

(ggg) "Safe Zone of Fire" means the area and direction in which a hunter may safely discharge a weapon.

(hhh) "Safety Zone" means an area within 150 yards (450 feet) of any occupied commercial structure, public structure, dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith.

(iii) "Sap" means the watery fluid that circulates through a tree or plant, carrying food and other substances to the various tissues.

(jjj) "Seine" means a net of mesh no larger than 2" stretch measure, with floats at the top and weights at the bottom, such that it hangs vertically in the water, and which is drawn through the water to capture fish by encircling them rather than entangling them.

(kkk) "Set or Bank Pole" means a pole used for fishing from the banks of lakes or rivers in compliance with the provisions of Section CSV.1.9.090 of this ordinance [Setlines and Set or Bank Poles Regulated].

(lll) "Setline" means a line used for fishing in compliance with the provisions of Section CSV.1.9.090 of this ordinance [Setlines and Set or Bank Poles Regulated].

(mmm) "Shining" means the casting of rays of light on a field, forest, or other area for the purpose of searching for, illuminating, locating, or attempting to search for, illuminate or locate wild animals.

(nnn) "Shrub" means a woody perennial plant usually branched several times at or near the base giving it a bushy appearance, and is usually less than five meters tall.

(ooo) "Small Game" means ruffed grouse (partridge), ring-neck pheasant, cottontail rabbit, showshoe hare, gray squirrel, black squirrel, red squirrel, quail, woodchuck, porcupine, sharp tail grouse, turkey, crow and unprotected species.

(ppp) "Snagging" means attempting to take or reduce a fish to possession by hooking a fish in a place other than the mouth by the use of a hook and line or any other device which is not a net or spear.

(qqq) "Spear" means a pole tipped with barbed tines which are a minimum of 3" long and each tine having a barb extending perpendicular which is greater than 1/8 inch. When used as a verb, spear shall also mean reducing or attempting to reduce to possession fish by means of a hand held spear or other similar device which is directed by the spearer for the purpose of impaling the target fish. Spearing includes the use of an artificial light and also mean snagging for the purpose of this ordinance.

(rrr) "Species of Special Concern" means any wild plant which is contained on the tribal species of special concern list.

(sss) "Subsistence Uses" shall mean the use of natural resources for direct personal or family consumption by members as food, medicine, shelter, fuel, clothing, tools or transportation; for the making or selling of handicraft articles; or for barter. For purposes of this section, the term:

(1) "family" means all persons related by blood, wenh'enh, doodem, marriage, or adoption, or any person living within the household on a permanent basis;

(2) "handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, drawing or painting, without the use of mass copying devices; and

(3) "barter" means the sale or exchange of natural resources or parts thereof for subsistence uses.

(ttt) "Snare" means while trapping to use a noose used for catching furbearing animals.

(uuu) "Steel Jawed Trap" means a trap, constructed of metal, designed to catch an animal by the foot, but does not include enclosed trigger traps or body gripping traps.

(vvv) "Take" means to pursue, hunt, shoot, wound, kill, trap, or capture, or attempt to pursue, hunt, shoot, wound, kill, trap, or capture, any migratory bird, but for the purposes of this ordinance excludes "collect" as defined in Section CSV.1.2.010(j) of this ordinance.

(www) "Timber" means any tree that is not a lodgepole, as defined in Section CSV.1.2.010(nn) of this ordinance.

(xxx) "Tree" means a woody, perennial plant with a single trunk that is typically unbranched at or near the base, and is usually greater than five meters tall.

(yyy) "Trap" means any leg hold, box or snaring device designed to physically hold an animal at a singular location. When used as a noun, "trap" includes a body-gripping trap, colony trap, enclosed trigger trap, live trap, or steel jawed trap. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.

(zzz) "Trapping" includes the taking of, or attempting to take, any wild animal by means of setting or operating any device, mechanism or contraption that is designed, built or made to close upon, hold fast, or otherwise capture a wild animal or animals. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.

(aaaa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(bbbb) "Tribal Conservation Department" or "Department" means the conservation department of the Tribe.

(cccc) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(dddd) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(eeee) "Troll" means to fish from a motor-driven boat when the motor is running, from any boat in tow of a motor-driven boat when the motor is running, or from a sailboat when in motion.

(ffff) "Unattended" means beyond visual contact with the aid of a magnifying device for a period of more than 1/2 hour.

(gggg) "Unprotected" when used in reference to any wild animal or miscellaneous forest product not otherwise regulated by this ordinance, means that the hunting, fishing, trapping or gathering of such animal or miscellaneous forest product is not expressly prohibited by this ordinance.

(hhhh) "Unprotected Species" means:

(1) Opossum, skunk, weasel, woodchuck;

(2) Starlings, English sparrows, coturnix quail, chukar partridge and rock doves;

(3) All other unprotected species as defined in Section CSV.1.2.010(gggg).

(iiii) "Wasting" means the disregard or waste of any edible portion of the animal.

(jjjj) "Water Set" means any trap or snare which is set or staked in such a manner as to permit the trap, snare or trapped animal to reach water that is not frozen or is set in a manner capable of drowning the captured animal.

(kkkk) "Waterfowl" means any migratory bird of the family anatidae, including ducks, geese, coots, rails, gallinules, brant, and mergansers.

(llll) "Weapon" means a firearm, bow, compound bow or muzzleloader.

(mmmm) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.

(nnnn) "Wildlife" means all varieties of wild animals or birds.

(oooo) "Wild Plant" means miscellaneous forest products that are not trees, such as herbaceous plants and shrubs.

(pppp) "Wild Rice" means any species of the annual aquatic grass known as manoomin (zizania sp.) occurring in the natural ecosystem.

(qqqq) "Working day" means Monday, Tuesday, Wednesday, Thursday or Friday, unless such day is a tribal holiday.