35.01.030 Definitions

In this Code, unless the context requires another meaning:

(a) "ACTIVITY" means any activity related to recreation or to taking wildlife.

(b) "ALL TERRAIN VEHICLE" means any motorized vehicle designed primarily for recreational purposes and off-road use, and includes two-wheel, three-wheel, and four-wheel vehicles. This definition does not include any vehicle licensed by any state or tribe for travel on public roads.

(d) "AQUATIC WILDLIFE" means all plants and animals whose habitat is in water.

(e) "AUTHORIZED OFFICER" means any designated enforcement officer, any peace officer of the Turtle Mountain Tribe, and any other person authorized by the Turtle Mountain Tribe to enforce this Code.

(f) "BAG LIMIT" means the maximum limit, in number or amount, of a particular species of wildlife, which may lawfully be taken by any one person during a specified period of time.

(g) "BOATING" means traveling upon water in any watercraft or vessel.

(h) "CLOSED AREA" means any area in which entry by persons or vehicles is prohibited.

(i) "DIRECTOR means the Director of Natural Resources, or Turtle Mountain Tribe Game and Fish Department.

(j) "FALCONRY" means the taking of wildlife with birds of prey.

(k) "FIELD TRIAL" means an event or competition of sporting dogs in actual performance.

(l) "FIREARM" means any weapon which propels something through the use of gunpowder.

(m) "FISHING" means the act or sport of taking or attempting to take aquatic wildlife.

(n) "TURLTE MOUNTAIN INDIAN RESERVATION" or "Reservation" means the lands of the Turtle Mountain Tribe within the exterior boundaries of the Turtle Mountain Indian Reservation and other lands held in trust for the Tribe or its members under any treaties, agreements, and executive orders in which the Tribe was party to, including, but not excepting:

(1) Treaty with the Sioux, etc. 1825 (at Praire du Chien)

(2) Treaty with the Chippewa – Red Lake and Pembina Bands 1863

(3) Treaty with the Chippewa – Red Lake and Pembina Bands 1864

(4) Turtle Mountain Chippewa Agreement of 1892 (McCumber Agreement)

(5) Turtle Mountain Chippewa Agreement of 1904

(6) Allotment Provisions on Grahams Island, ND of 1906

(7) Executive Order of December 21, 1882

(8) Executive Order of March 29, 1884

(9) Executive Order of June 3, 1884

(o) "GAME AND FISH DEPARTMENT" means designated resource management section of the Turtle Mountain Band of Chippewa Natural Resource Department.

(p) "GUIDE" means a person who, for pay or other remuneration, aids or assists any person in taking wildlife, or pursuing any other recreational activity.

(q) "HAZARDOUS SUBSTANCE OR MATERIAL" means any substance defined as hazardous by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, codified at 42 U.S.C. § 9601 et seq., or any other substance which, after release into the environment, is or may become injurious, either directly or indirectly, to any organism.

(r) "HUNTING PERMIT" means a permit issued by the Game and Fish Department for the taking of animals.

(s) "INDIAN" means any person of Indian descent who is a member of a federally recognized Indian tribe according to the laws of that Tribe, and any other person recognized by federal law as Indian for any purpose, and denotes both the singular and the plural.

(t) "MEMBER" means a person who is an enrolled member of the Turtle Mountain Tribe.

(u) "MOTORIZED VEHICLE" means any vehicle propelled by motor or engine.

(v) "NON-MEMBER" means a person who is not an enrolled member of the Turtle Mountain Tribe.

(w) "NON-MEMBER INDIAN" means a person who is a member of any federally recognized Indian tribe other than the Turtle Mountain Tribe.

(x) "OPEN SEASON" means the time during which a particular species of wildlife may be lawfully taken.

(y) "PICNIC" means a pleasure outing where food is eaten outdoors.

(z) "RANGER" means a peace officer of the Recreation Enterprise or the Game and Fish Department authorized to enforce the provisions of this Code and the Game and Fish Regulations.

(aa) "RECREATION PERMIT" means any permit, including camping permits issued by the Department of Natural Resources for any recreational use of Tribal lands.

(bb) "RECREATIONAL ACTIVITY" means any outdoor activity intended for sport or pleasure, including, but not limited to, picnicking, camping, boating, tubing, hiking, bicycling, and skiing; but not including hunting or any other taking of wildlife.

(cc) "RECREATIONAL AREA" means all portions of the Reservation except for communities, public roads and other areas specially set aside for other than for recreational purposes.

(dd) "RECREATIONAL USER" means any person engaged in a Recreational Activity.

(ee) "ROAD" means any federal, state, county or tribal right of way for public travel, and any tribal logging road, whether open or closed.

(ff) "SWIMMING" means propelling oneself in the water by natural means and includes, but is not limited to, diving, jumping, and floating.

(gg) "TAKING" means pursuing, shooting, shooting at, hunting, trapping, netting, snaring, fishing, killing, capturing, or attempting any of the foregoing.

(hh) "TRAPPING" means the taking of wildlife in any manner except with gun or other implement in hand.

(ii) "TRESPASSER" means a person who enters or remains upon the land of another without permission or right to do so created by the possessor's consent or otherwise.

(jj) "TRIBAL COUNCIL" means the Turtle Mountain Band of Chippewa Tribal Council duly assembled.

(kk) "TRIBAL COURT" or "COURT" means the courts of the Turtle Mountain Tribe.

(ll) "TRIBAL MEMBER" means a person who is an enrolled member of the Turtle Mountain Tribe.

(mm) "TRIBE" means the Turtle Mountain Tribe.

(nn) "WATERCRAFT" means any boat or other floating device of rigid or inflatable construction that is designed to carry people or things on the water.

(oo) "WILDLIFE" means all plants, animals, and other natural items. The following definitions of wildlife shall apply:

(1) "BIG GAME" are wild turkey, whitetail and mule deer, elk, bear, bighorn sheep, mountain lion, pronghorn antelope, and moose.

(2) "FURBEARING ANIMALS" are muskrat, raccoon, mink, beaver, badger, weasel, fox, skunk, coyote, and bobcat.

(3) "MIGRATORY GAME BIRDS" are ducks, goose, swan, sand hill crane, all coots, common snipe, and dove.

(4) "SMALL GAME" are rabbit, squirrel, upland game birds, and migratory game birds.

(5) "UPLAND GAME BIRDS" are partridge, grouse, and pheasant.