Section
4011. General Definitions.
§ 4011. General Definitions.
The following terms, wherever used in this Chapter, shall be construed as follows:
-
(a) "Band," "Tribe," and "Tribal" mean or refer to the Mille Lacs Band of Ojibwe. When used in the plural, "Bands" or "Tribes" refers to all plaintiff and plaintiff intervenor Bands in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.).
-
(b) "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 Chapter in particular circumstances, includes the hide or skin and head.
-
(c) "Commercial Harvesting" shall mean 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.
-
(d) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.
-
(e) "Commissioner" means the Commissioner of Natural Resources of the Mille Lacs Band, unless the context expressly indicates otherwise.
-
(f) "Department of Natural Resources" means the Band's conservation department, unless the context expressly indicates otherwise.
-
(g) "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 Commissioner’s endangered and threatened species lists, as may be amended from time to time, or which the Band's governing body from time to time may declare as endangered or threatened. The Commissioner's list shall, at a minimum, initially contain all species listed by the State of Minnesota as threatened or endangered as of January 1, 1995, but may be revised hereafter in accordance with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.).
-
(h) "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.
-
(i) "Game fish" includes all varieties of fish except rough fish and minnows; "rough fish" means carp, buffalo, sucker, sheepshead, bowfin, burbot, cisco, gar, goldeye and bullhead; "minnows" includes
-
(1) the minnow family, Cyprinidae, except carp and goldfish;
-
(2) members of the mudminnow family; Umbridae;
-
(3) members of the sucker family, Catostomidae, not over 12 inches in length;
-
(4) bullheads, ciscoes, lake white fish, goldeyes, and mooneyes, not over seven inches long; and
-
(5) leeches.
-
-
(j) "Gathering" means to take or acquire or attempt to take or acquire possession of any wild plant or any part thereof.
-
(k) "Hunt" or "Hunting" includes shooting, shooting at, taking, catching, or killing any wild animal or animals, or attempting to do any of the foregoing, except that "hunt" or "hunting" does not include the recovery of any wild animal which has already been lawfully reduced to possession.
-
(l) "Member" means a member of the Band.
-
(m) "Minnesota Ceded territory" means all lands and waters in Minnesota that were ceded by the Chippewa to the United States of America in the Treaty of 1837, 7 Stat. 536.
-
(n) "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.
-
(o) “Non-member” means a person who is not a member of any one of the Bands.
-
(p) "Possession" means having killed, harvested, or otherwise obtained or acquired any wild animal or wild plant subject to the provisions of this Chapter.
-
(q) "Protected Species" means any wild animal or wild plant, the hunting, fishing, trapping or gathering of which is prohibited by § 4050 of this Chapter.
-
(r) "Subsistence Uses" shall mean the use of natural resources for direct personal or family consumption by Band 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, 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 between members of the Bands.
-
-
(s) "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.
-
(t) "Unprotected Species" means any wild animal or wild plant, the hunting, fishing, trapping or gathering of which is not expressly authorized, prohibited or regulated by this Chapter.
-
(u) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
-
(v) "Wildlife" means all varieties of wild animals.
-
(w) "Wild Plant" means any undomesticated species, and fruit or part thereof, of the plant kingdom occurring in the natural ecosystem, and includes wild rice, maple sap, ginseng, birch bark and timber.
-
(x) "Working day" means Monday, Tuesday, Wednesday, Thursday or Friday, unless such day is a Band holiday.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 2.01.