A. "Ceremonial Fishing" shall mean fishing with gill nets, or with legal gear other than normal subsistence fishing gear when such fishing has been authorized in advance by one of the approving treaty tribes for the purpose of taking fish for use in traditional tribal ceremonies or religious occasions which are sponsored by a treaty tribe or a tribally recognized traditional or religious group within a treaty tribe.
B. "Arraignment" shall mean a proceeding in which the accused is brought before the Court to plead guilty or not guilty to violations charged against him.
C. "Bail" shall mean an amount of money or other security set by the judge which must be posted by a defendant in order to gain his release until trial.
D. "Bail Bond" shall mean case, some type of surety arrangement or other type of security posted or pledged by a defendant to meet the bail set by the judge as a prerequisite to defendant's release from custody until trial.
E. "Citation" shall mean a document issued to a person by an enforcement officer in lieu of physical arrest charging that a violation of this code has been committed. It shall contain the requisites of both a summons and complaint.
F. "Code" shall mean the provisions set out in the Columbia River Inter-Tribal Code.
G. "Commercial Fishing" shall mean fishing for the purpose of selling, trading, or bartering the fish for money, property or other consideration, except to the extent that such fishing may constitute "Subsistence Fishing" as defined in this code.
H. "Commission" shall mean the Columbia River Inter-Tribal Fish Commission.
I. "Complaint" shall mean a written statement alleging a violation of the Columbia River Inter-Tribal Code.
J. "Complainant" shall mean any person signing a complaint alleging a violation of the Columbia River Inter-Tribal Code.
K. "Court" shall mean the Columbia River Inter-Tribal Court.
L. "Fishing" shall mean any effort to take fish from the waters of the mainstem Columbia River.
M. "Fishing Gear" shall include all nets, boats, lights, and other equipment used when engaging in fishing subject to the jurisdiction of this code.
N. "Fishway" shall mean any structure or facility designed to facilitate or provide passage for fish over a natural or artificial barrier or obstruction.
O. "Individual Rights" shall mean those rights set forth in the Indian Civil Rights Act (25 U.S.C. 1302) as construed by federal courts of controlling jurisdiction.
P. "Law Enforcement Officer" shall mean an officer authorized and/or deputized by the appropriate tribal or agencies authorized to act under this code.
Q. "May" shall mean a power or requirement which is discretionary rather than mandatory.
R. "Member" shall mean a person who is duly enrolled with one of the treaty tribes.
S. "Motions" shall mean any request, oral or written made to the Court for an Order.
T. "Person" shall mean any natural person or artificial entity, including but not limited to any partnership, corporation or association.
U. "Personal Recognizance" shall mean a promise by a defendant to appear at trial, upon which promise the judge orders his release from custody.
V. "Probable Cause" shall mean such a state of facts and circumstances known to the prosecutor or to a law enforcement officer personally or by information from others, as would, in the judgement of the Court, lead a man of ordinary caution, acting conscientiously in light of such facts and circumstances, to believe the appropriate judicial proceedings are warranted.
W. "Shall" means a power or requirement which is mandatory rather than discretionary.
X. "Subsistence Fishing" shall mean the taking of fish for the personal use of treaty Indians.
Y. "Summons" shall mean a notice to appear before the Court.
Z. "Summons & Complaint" shall mean a single document containing all the requisites of both a summons and complaint.
AA. "Treaty Fishing Rights" shall mean the Indian treaty fishing rights secured by the Warm Springs Treaty (12 Statutes 963) The Umatilla Treaty (12 Statutes 945), and the Nez Perce Treaty (12 Statutes 957).
BB. "Treaty Tribes" shall mean the Confederated Tribes of the Warm Springs Reservation, the Confederated Tribes of the Umatilla Indian Reservation and the Nez Perce Tribe of Idaho.
CC. "Warrant, Arrest-Search" shall mean a document issued by the appropriate tribal court expressly authorizing and directing a law enforcement officer to execute an arrest or conduct a search of specifically delineated premises.
DD. "Regulatory Body" shall mean the governing body of the respective approving treaty tribes. The Fish & Wildlife Committees of each approving tribe shall jointly consider the biological data and recommended action provided by tribal and commission staff. The Fish & Wildlife Committee actions and recommendations shall become effective when ratified by the governing body of each approving treaty tribe.