104 Definitions

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

(A) "Bag limit" means the maximum number of a particular species of fish or wildlife that may be lawfully taken in one day or one season.

(B) "Bait" means 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 fruits, vegetables, grains, or animal remains; however, artificial decoys used to hunt migratory birds or turkeys shall not be deemed bait.

(C) "Baited area" means any area where any bait whatsoever capable of luring, attracting, or enticing wildlife is directly or indirectly placed, exposed or distributed.

(D) "Baiting" means the placing, exposing, or distributing of bait so as to constitute a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take wildlife.

(E) "Bow" means any hunting instrument, including a crossbow, designed for the purpose of propelling arrows.

(F) "Carcass" means the dead body of fish or wildlife or parts thereof.

(G) "Crossbow" means any bow which, once drawn, is held by means other than the effort of the person firing it.

(H) "Endangered or threatened species" means any species of fish, wildlife, or wild plant listed under the authorities of 50 CFR 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 Upper Mattaponi Tribe, by law, may declare as endangered or threatened.

(I) "Firearm" means a rifle, shotgun, BB gun, handgun or other type of gun.

(J) "Fish" means, for purposes of this title, an aquatic animal normally sought after by sportsmen and women, including but not limited to, largemouth bass, smallmouth bass, white bass, spotted bass, black crappie, white crappie, northern pike, trout, striped bass, walleye, blue catfish and channel catfish.

(K) "Fishing" means the taking of fish of any variety by hook and line, net, seine, bow and arrow, spear or by hand.

(L) "Furbearers" shall include but are not limited to mink, muskrat, beaver, otter, weasel, marten, fisher, fox, coyote, bobcat, badger and raccoon.

(M) "Game" means wild animals and wild birds that are commonly hunted for sport or food.

(N) "Game animal" means deer (including all Cervidae), bear, rabbit, fox, squirrel, bobcat and raccoon.

(O) "Gathering" means to take or acquire, or attempt to take or acquire, possession of any wild plants or parts thereof, including live or downed timber.

(P) "Hunt" or "hunting" includes shooting, shooting at, pursuing, taking, catching, or killing any wildlife, except that ''hunt'' or ''hunting'' does not include the recovery of any wild animal which has already been lawfully reduced to possession.

(Q) "Lawful," "by law," or "law" means the statutes of the Tribe or regulations adopted by the Tribe which the Game Ranger is empowered to enforce.

(R) "Law enforcement officer" includes the Game Ranger, any Tribal Police officer, any Criminal Investigator of the Tribe and any cross-commissioned Police officer.

(S) "License" means a written document granting Tribal authority to engage in activities covered in this title.

(T) "Loaded," as it relates to the following weapons, means:

(1) an arrowgun that has an arrow or bolt inserted on the arrow rest or barrel;

(2) a crossbow that is cocked and has either a bolt or arrow engaged or partially engaged on the shooting rail or track of the crossbow, or with a "trackless crossbow" when the crossbow is cocked and a bolt or arrow is nocked;

(3) a muzzleloading firearm is considered "loaded" when the muzzleloader is capped, or has a charged pan, or has a primer or battery installed in the firearm; and

(4) a firearm in which ammunition is chambered or loaded in the magazine or clip and is engaged or partially engaged in a firearm.

(U) "Maintained roadway" means any public roadway maintained by a governmental body or agency, including but not limited to roadways maintained by a tribal nation, the United States, or a state, county, or municipality.

(V) "Migratory birds" shall include but are not limited to all species of ducks, geese, and swans; all shorebirds and wading birds; and the mourning dove.

(W) "Nonmigratory birds" shall include but are not limited to grouse, pheasant and turkey.

(X) "Nation," "National," "Tribe" or "Tribal" means the, or relating to the, Upper Mattaponi Tribe.

(Y) "Nuisance Species" means blackbirds, coyotes, crows, cowbirds, feral swine, grackles, English sparrows, starlings, or those species designated as such by regulations enacted pursuant to Section 201 on this title, and those species found committing or about to commit depredation upon ornamental or shade trees, agricultural crops, wildlife, livestock or other property or when concentrated in numbers and manners as to constitute a health hazard or other nuisance. However, the term nuisance does not include (i) animals designated as endangered or threatened (ii) animals classified as game or fur-bearing animals, and (iii) those species protected by Upper Mattaponi law or federal law.

(Z) "Outdoor recreation" shall include but not be limited to picnicking, camping, hiking, swimming, bird watching, nature photography and other related activities.

(AA) "Permit" means a written document granting Tribal authority to enter a specific area, harvest a specific resource, or engage in specific conduct.

(BB) "Plant" means any undomesticated species, and fruit or part thereof, of the plant kingdom occurring in the natural ecosystem.

(CC) "Possession" means having killed, harvested, taken, or otherwise obtained or acquired any fish, wildlife or plant subject to the provisions of this title.

(DD) "Possession limit" means the amount of fish and/or wildlife that may be legally possessed at any one time.

(EE) "Roadway" means a way for purposes of vehicular travel and may include roadways open to the public and roadways privately maintained by the Upper Mattaponi Tribe.

(FF) "Size limit" means the specific size of a species of fish and/or wildlife that may be possessed legally.

(GG) "Tag" means any identification device issued for the purpose of attaching to the carcass of any fish or wildlife.

(HH) "Take" or "taking" means pursuing, shooting, shooting at, hunting, fishing, netting, capturing, killing, snaring or trapping, or harvesting any fish, wildlife or plant, or attempting any of the foregoing.

(II) "Timber" means any woody vegetation that is 10 feet or greater in height and which has 6 inches of diameter or greater.

(JJ) "Trapping" means the taking, or attempting to take, fish or wildlife by means of setting or operating any device that is designed or made to close upon, hold fast, or otherwise capture fish or wildlife.

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

(LL) "Wildlife" means wild birds, mammals, reptiles, amphibians, aquatic animals other than fish and all other animals which normally can be found in a wild state, regardless of classification, whether resident, migratory or imported, protected or unprotected, dead or alive, and shall include any and every part of any individual species of wildlife, whether or not bred, hatched or born in captivity, and including any part, product, egg or offspring thereof.