CSV.1.3.290 Permissible Conduct/Assistance by Non-Members

(a) Conduct which is not expressly prohibited, restricted or otherwise regulated by this ordinance shall be deemed permissible.

(b) Except as provided in Section CSV.1.3.290(c) or as otherwise provided herein, nothing in this ordinance shall be construed to prohibit a member from hunting, fishing, trapping or gathering with any non-member, provided that such non-member possesses a duly authorized permit issued by the Tribal Governing Board and complies with the provisions of this ordinance governing such activity.

(c)(1) No member shall allow any non-member to assist, and no such non-member shall assist, in the activities authorized by this ordinance except in accordance with the provisions of this subsection, or the provisions as provided in Section CSV.1.3.290(b), above.

(2) Except as provided in Section CSV.1.3.290(b), those persons who may assist a member shall be limited to the member's spouse, forebears, children, grandchildren, siblings, niiyawenh'enh (tribal namesake), nindoodem (tribal clan member), and bami'aagan (tribal customary adoption relative).

(3) A member may be assisted by a non-member in accordance with this subsection only if the member is physically present during the activity which constitutes assistance.

(4) Non-member "assistance" pursuant to this subsection shall be limited to the following activities:

(A) Operation of a boat during spearing;

(B) Placing or lifting a net, set pole, bank pole or setline;

(D) In hunting, all activities except the actual use of a firearm, bow and arrow or crossbow to kill an animal;

(E) In shining, acting as a driver and using a light to shine.

(F) In trapping and snaring all activities except the setting or placement of traps and snares;

(G) In harvesting wild rice, all activities;

(H) In harvesting miscellaneous forest products, which does not include wild rice and timber, all activities except the actual cutting or uprooting of the miscellaneous forest product, or the removal of miscellaneous forest product parts from miscellaneous forest products left growing; and

(I) In harvesting clams, crayfish, turtles and species the harvest of which are not prohibited or otherwise regulated by this ordinance, all activities except the actual use of a device to kill an animal or the specific act which reduces an animal to possession.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.3.290 was formerly codified as VI LCOTCL §1.329

Editor's Notes

Niiyawe'enh – refers to niiyaw (body) which carries the critical meaning of the word for namesake. When someone gave a name, the name giver gave part of his or her spirit essence and put it into the body of the name recipient, making them spiritually related for life. The name giver then functioned more like a godparent in Christian tradition, as a spiritually connected family member blessed with the same dream or vision that informed the given name. The term niiyawe'enh is used reciprocally and is shortened in some communities to just we'enh, but still retaining the cultural and spiritual value. Sources for information on naming include: Anton Treuer, The Assassination of Hole in the Day, (St. Paul: Minnesota Historical Society Press, 2010), pg. 13; Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway, (Hayward, WI: Indian Country Communications, Inc., 1988), Chapter 2, Original Man Walks the Earth, pgs. 5-9; Basil Johnston, Ojibway Heritage, (Lincoln, NE: University of Nebraska Press, 1990), Chapter 11, Ceremonies, Songs and Dances (Life Commemorations), pgs. 141-148; Basil Johnston, Ojibway Ceremonies, (Lincoln, NE: University of Nebraska Press, 1990), "The Naming Ceremony: Wauweendaussowin," pgs. 11-30; Frances Densmore, Chippewa Customs, Washington: Bulletin, Bureau of American Ethnology, 1929), "The Naming of a Child," pgs. 52-58; Amik Larry Smallwood, Ojibwe Names are Spirit Names, (Onamia,MN: Mille Lacs Band of Ojibwe, 2009), pgs. 1-2.

Doodem – refers to ode' (heart) and doodoosh (from where one gets their sustenance) which establishes the word for clan. Ojibwe stories commonly acknowledge animals as teachers and guides to Original Man, or Anishinaabe. They taught him many valuable lessons as he became acquainted with his environment. They showed him various plants for use as food, medicine, in ceremonies and for utilitarian purposes. They showed him how to hunt and fish and most important of all, they provided themselves to Anishinaabe for food, clothing, and shelter. The Ojibwe at one time were not relating to aki, the earth in a way that properly accounted for these pre-existing relationships. They had created great imbalance and the Earth was flooded. When the Earth was created anew, the animals stood up for the people, they vouched for the Ojibwe and said they would teach them how to relate to creation. The animals created a relationship with the Ojibwe and took responsibility for their actions. This is one of the origin stories of the doodem (clan) system. This system uses various animals as symbols for the clans. The animals' characteristics provide an identity and define roles and responsibilities for members of each doodem. The Doodem becomes another form of family for Ojibwe people. Doodem identity is passed through the father. Members of the same doodem, no matter how many miles apart, were one's brothers and sisters and were expected to extend hospitality, food and lodging to each other. Since Ojibwe people belong to a tribe (band) and to the Ojibwe Nation, doodem relationships help unite the various Ojibwe tribes as one nation. Sources for information on clans include: Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway, (Hayward, WI: Indian Country Communications, Inc., 1988), Chapter 10, The Clan System, pgs. 74-78; Ruth Landes, Ojibwa Sociology, (NY: Columbia University Contributions to Anthropology, 1969), Chapter 2, "Gens Organization," pgs. 31-52; William W. Warren, History of the Ojibway People, (St. Paul, MN: Minnesota Historical Society Press, 1984), Chapter 2, "Totemic Division of the Ojibways," pgs. 41-53; Basil Johnston, Ojibway Heritage, (Lincoln, NE: University of Nebraska Press, 1990), Chapter 5, "Man's World," pgs. 59-79; James Dumont, Anishinaabe Izhichigewin, (1999), Chapter 1, Part Four "The Anishinaabe Clan System as a Model of Governance," pgs. 27-36, Chapter 1, Part Five, "Anishinaabe Principles of Leadership and Managing Change," pgs. 36-42; Heidi Bohaker, "Reading Anishinaabe Identities: Meaning and Metaphor in Nindoodem Pictographs," Ethnohistory, vol. 57, no. 1 (Winter 2010): 11-33; Heidi Bohaker, "Nindoodemag: The Signifigance of Algonquian Kinship Networks in the Eastern Great Lakes Region, 1600-1701," William and Mary Quarterly, vol. 63, no. 1 (January 2006): 23-49.

Bami'aagaan – refers to bami' (provide for, nurture, look after, support, adopt) which establishes the word for the adopted one. Customary adoption is a traditional tribal practice recognized by the community and tribe which acknowledges a person as having established a permanent kinship relationship such as parent/child, brother/sister, or grandparent/grandchild, with someone other than the person's blood relative. It is the fundamental belief of the Ojibwe that the people of the communities are the sacred responsibility of the Tribe. This is because one of the basic inherent sovereign rights of the Tribe is the right to make decisions regarding the best interests of their communities including who should provide for the care, nourishment and support of their members. This provision is intended to acknowledge these safe, stable, nurturing, and permanent relationships established pursuant to tribal customary practices regarding the tribe's members in order to provide for the protection of their people and way of life. The principles that guide decisions pertaining to bami'aagan are: protection of the member's well-being and welfare and their sense of belonging; preservation of the member's identity as a tribal member and member of an extended family and clan; as well as the preservation of the culture, religion, language, values, clan system and relationships of the Tribe. Sources for information on traditional kinship responsibilities and customary adoption include: White Earth Band of Ojibwe, Title 4(a) Customary Adoption Code; Ruth Landes, Ojibwa Sociology, (NY: Columbia University Contributions to Anthropology, 1969), Chapter 2, "Kinship Organization," pgs. 5-30; Heidi Kiiwetinipinesiik Stark, "Marked by Fire: Anishinaabe Articulations of Nationhood in Treaty Making with the United States and Canada," American Indian Quarterly, vol. 36, no. 2, pp. 119-149.