CHAPTER 18-2
DEFINITIONS

18-2-1 Definitions.

For the purposes of this title the following definitions shall apply:

(A)    Aircraft. As used in this title, the term “aircraft” means any contrivance used for flight or to be airborne.

(B)    Allotted Land. Tribally owned or individually owned Indian lands held in trust by the Federal government.

(C)    Antlerless Deer. All deer not displaying at least one (1) visible antler.

(D)    Antlered Deer. All deer displaying at least one (1) visible antler.

(E)    Arrow. A shaft of at least twenty-four (24) inches long containing three (3) trimmed or five (5) untrimmed feathers, tipped with a point or device used to strike, penetrate, or pierce.

(F)    Bag Limit. Means the maximum limit, in number amount, of a particular species of fish or wildlife, which may lawfully be taken in one (1) day during an open season.

(G)    Bait. Any substance that is placed by any person and which may serve as an attraction to any wildlife and may include but is not limited to grain or animal remains; however, that artificial decoys used to hunt migratory game birds or turkeys shall not be deemed bait.

(H)    Big Game. Shall include, but not be limited to, mule deer, whitetail deer, elk, antelope, mountain lion and bison.

(I)    Bow. Means any hunting instrument designed for the purpose of propelling arrows which is drawn and held by and through efforts of the person releasing, but does not include crossbow.

(J)    Carcass. Means the dead body of fish or wildlife or parts thereof.

(K)    Closed Season. Means the time and/or days during which fish or wildlife may not be taken legally.

(L)    Crossbow. Means any device using a bow which once drawn is held solely by means other than the effort of the person firing it.

(M)    Endangered or Threatened Species. Means any species of fish or wildlife as listed but not limited to (50 C.F.R. Sections 17.11 and 17.12) or species classified pursuant to the Endangered Species Act of 1973, as may be amended from time to time, or which the Nation’s governing body from time to time may declare as endangered or threatened.

(N)    Falconry. Means taking quarry by means of a trained raptor.

(O)    Fee Land. Means those lands not held in trust or subject to restrictions on alienation.

(P)    Firearm. Means a rifle, shotgun, handgun or other type of gun.

(Q)    Fish. Means any fish within the waters of the Reservation.

(R)    Fishing. Means taking of fish of any variety by hook and line.

(S)    Furbearers. Shall include but not limited to mink, muskrat, beaver, otter, weasel, marten, fisher, fox, coyote, bobcat, badger, or raccoon.

(T)    Harass. Means to shoot at, disturb, worry, molest, rally, concentrate, harry, chase, drive, herd, or torment.

(U)    Highway. Means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of public as a matter of right for the purpose of vehicular travel. It includes those driveways in the State and Reservation which have been opened to the use of the public, but does not include private roads or driveways.

(V)    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 animals which has already been lawfully reduced to possession.

(W)    Hunting Hours. Means the time of day when wildlife may be lawfully taken.

(X)    Immediate Family Member. Means the spouse, domestic partner, parent, grandparent, or child whether biological, step or adopted, of an enrolled member of the Prairie Band Potawatomi Nation.

(Y)    License. Means a written document granting authority to engage in specific activities covered in this title.

(Z)    Migratory Birds. Shall include those birds listed as protected species under the Migratory Bird Treaty Act (MBTA) and listed at 50 C.F.R. Section 10.13, including but not limited to the following:

(1)    All species of ducks, geese, and swans (Order Anseriformes).

(2)    All shorebirds, wading birds,     and seabirds (Order Gaviiformes, Podicipedformes, Pelicaniformes, Ciconiiformes, Gruiformes).

(3)    Mourning dove (Order Columbiformes).

(AA)    Nation. Means the Prairie Band Potawatomi Nation.

(AB)    Non-Indian. Means any person not federally or state recognized as a Native American.

(AC)    Non-Member Indian. Means a federally or state recognized Native American who is not an enrolled member of the Prairie Band Potawatomi Nation.

(AD)    Open Season. Means the time and/or days during which taking certain species of fish and/or wildlife is legal.

(AE)    Possession Limit. Means having killed, taken or otherwise obtained or acquired any wild animal or fish subject to the provisions of this title.

(AF)    Permit/Tag. Means identification device issued for the attachment to the carcass of any fish or wildlife.

(AG)    Raptors. Means a living migratory bird of the Order Falconiformes or the Order Strigiformes. For simplification, bald eagle and golden eagle are part of this definition.

(AH)    Reservation or Prairie Band Potawatomi Nation Reservation. Means all lands within the exterior boundaries of the Prairie Band Potawatomi Nation Reservation as established in Article 4 of the Treaty with the Potawatomi Nation, dated June 17, 1846, 9 Stat. 853, and all tribal trust and tribal-owned fee lands that lie outside of the Reservation exterior boundaries, notwithstanding the issuance of any patent, and including rights-of-way running through the Reservation.

(AI)    Roadway and Trail. Shall include but not limited to any public highway or road, improved or otherwise, dedicated for public ingress and egress. This does not include temporary trails across cultivated land used for agricultural purposes.

(AJ)    Size Limit. Means the specific size of species of fish and/or wildlife that may be possessed legally.

(AK)    Take or Taking. Means pursuing, shooting, shooting at, hunting, fishing, netting (including placing or setting any net or other capturing device), capturing, killing, snaring or trapping any fish or wildlife or attempting any of the foregoing.

(AL)    Timber. Shall include but not be limited to any woody vegetation that is ten (10) feet or greater in height and consists of six (6) inches of diameter or greater in D.B.H.

(AM)    Trapping. Includes the taking of, or attempting to take, any wild animal, animal or fish 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, animal or fish.

(AN)    Tribal Member. Means an enrolled member of the Prairie Band Potawatomi Nation.

(AO)    Trust Land. Means land the U.S. government holds legal title to for the benefit of Indians.

(AP)    Protected Species. Shall include but not be limited to elk, antelope, bison, big-horn sheep, moose, mule deer, whitetail deer, wolf, lynx, bobcat, waterfowl, upland game birds, wild turkey, song birds, birds of prey or raptors, beaver, mink, muskrat, otter, fox, squirrel, cottontail rabbits, jack rabbits, crows, blackbirds, coyote, badger, raccoon, skunk, mountain lion and any other species for which a closed season is specified or for which taking is prohibited.

(AQ)    Unprotected Species. Shall include prairie dogs, marmot, wild dogs, starlings, feral pigeons, and house sparrows, for which a continuous open season exists.

(AR)    Upland Game Birds. Shall include but not be limited to grouse, prairie chicken, pheasants, partridge and quail.

(AS)    Upland Game. Shall include but not be limited to wild turkeys, tree squirrels, cottontail rabbit and jack rabbit.

(AT)    Waterfowl. Shall include but not be limited to all varieties of geese, brant, swans, ducks, rails, coots and Wilson snipe.

(AU)    Wildlife. Shall mean any form of birds and mammals including their nest or eggs.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)