CSV.2.3.140 Shining Animals

(a) Definitions. As used in this ordinance:

(1) "Flashlight" means a battery operated light designed to be carried and held by hand.

(2) "Light" means flashlights, automobile lights and other lights, which may include but is not limited to high-powered lights, helmet lights, scope lights, thermal imaging lights, infrared lights, or lights mounted on a firearm, bow or crossbow.

(3) "Point of Kill" means the location at which a light is used to illuminate and kill a wild animal whose position or location is known by the hunter.

(4) "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.

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

(6) "Stationary" means not moving.

(b) Presumption. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is rebuttably presumed to be shining wild animals.

(1) Prohibition. Except as otherwise provided in Section CSV.2.3.140(c)(2), no member shall use or possess with intent to use a light for shining wild animals while the member is hunting or in possession of a firearm, bow and arrow or crossbow.

(2) Exceptions. This subsection shall not apply to:

(A) a member who possesses a light or who uses a light while hunting pursuant to the express provisions of this ordinance which allow shining within an established safe zone of fire from a stationary position during the open season for the animals hunted;

(B) a member who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot pursuant to the express provisions of this ordinance which allow shining during the open season for the animals hunted;

(D) a person authorized to enforce the provisions of this ordinance on official business;

(E) an employee of the Tribe or the Commission on official business;

(F) a person authorized by the Tribe or the Commission to conduct a game census;

(G) if the Tribal Governing Board specifically permits a member to use or possess a light for shining wild animals during these times;

(H) a member engaged in hunting authorized by Section CSV.2.6.200 of this ordinance; or

(I) a member engaged in fishing authorized by Section CSV.2.9.060 of this ordinance.

(d) Shining Wild Animals After 10 P.M. During Certain Times of the Year Prohibited.

(1) Prohibition. Except as otherwise provided in Section CSV.2.3.140(d)(2), no member shall use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from the day after labor day to the first Sunday following New Year's Day or as otherwise provided by a GLIFWC Commission Order.

(2) Exceptions. This subsection shall not apply to:

(C) a member who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or other unprotected animals;

(D) a member who possesses a light or who uses a flashlight to find their way;

(E) a person authorized to enforce the provisions of this ordinance on official business;

(F) an employee of the Tribe or the Commission on official business;

(G) a person authorized by the Tribe or the Commission to conduct a game census; or

(H) if the Tribal Governing Board specifically permits a member to use or possess a light for shining wild animals during these times.

(I) a member engaged in hunting authorized by Section CSV.2.6.200 of this ordinance; or

(J) a member engaged in fishing authorized by Section CSV.2.9.060 of this ordinance.