CSV.2.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "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.

(b) "Ceded territory" means all lands and waters located in the State of Wisconsin, except Lake Superior, ceded by the Tribe to the United States of America in the Treaty of 1837, 7 Stat. 536, and the Treaty of 1842, 7 Stat. 591. For the purposes of this ordinance, the southern boundary of this territory is set forth in the Commission's Document entitled Guide to the Southern Boundary of Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 4.0, August 2008, as it may be amended from time to time, which is hereby adopted and incorporated as if fully set forth herein.

(d) "Endangered or Threatened Species" means any wild animal or wild plant which is contained on either the federal (50 CFR Sections 17.11 and 17.12) or the State of Wisconsin (Wis. Adm. Code NR 27.03) endangered and threatened species lists, as may be amended from time to time, or which the Tribal Governing Board from time to time may declare as endangered or threatened.

(e) "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.

(f) "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.

(g) "Gathering" means to take or acquire or attempt to take or acquire possession of any wild plant or any part thereof.

(h) "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.

(i) "Member" means a member of the Tribe.

(j) "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.2.12.020(l) of this ordinance; wild plants as defined in Section CSV.2.12.020(r) of this ordinance; gathering products as defined in Section CSV.2.12.020(g) of this ordinance; endangered or threatened plant species as defined in Section CSV.2.2.010(d), and includes Species of Special Concern, as defined in the Section CSV.2.12.060(b) of this ordinance, but for the purposes of this ordinance excludes wild rice.

(k) "Off-Reservation" means all lands and waters lying outside the exterior boundaries of a Wisconsin Chippewa Tribe's Reservation but lying within the ceded territory as defined in Section CSV.2.2.010(b) of this ordinance.

(l) "Possession" means having killed, harvested, or otherwise obtained or acquired any wild animal or wild plant subject to the provisions of this ordinance.

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

(n) "Signatory Tribe" means an Indian tribe which is a signatory to either the Treaty of 1837 or the Treaty of 1842, or such tribe's successor in interest.

(o) "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.

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

(q) "Tribal Conservation Department" means the conservation department of the Tribe, or, as circumstances indicate, of another signatory Tribe.

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

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

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

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