(a) "Artificial light" means any light produced by other than natural sources,including but not limited to, spotlights, flashlights or vehicular headlights.
(b) "Barter" means the act of trading goods or services for other goods or services rather than money.
(c) "Bag limit" means the daily limit in the amount of each species of game or fish which may be taken by any one person.
(d) "Ceremonial fishing" means fishing by tribal members pursuant to treaty rights when such fishing is pursuant to a permit issued in advance by the Fish and Wildlife Commission for the purpose of taking fish for use in recognized traditional tribal ceremonies or religious occasions. Ceremonial Fishing is exclusive of fishing for subsistence or commercial purposes.
(e) "Closed season" means the period of time during which the taking and sale of specific fish or wildlife is prohibited.
(f) "Crossbow" means a weapon consisting of a bow fixed crosswise on a stock.
(g) "Commercial fishing" means fishing by tribal members with specified fishing gear and pursuant to treaty rights for the purpose of selling, trading, or bartering such fish to any person in return for money, property, or other consideration. Commercial fishing shall not include the sale or exchange of fish with other members of the Yakama, Warm Springs, Umatilla and Nez Perce Tribes for the personal use of such other members.
(h) "CRITFE" means the Columbia River Intertribal Fisheries Enforcement.
(i) "Endangered species" means any species so designated by this chapter and which the Fish and Wildlife Commission has determined is in danger of extinction throughout all or asignificant portion of its range.
(j) "Firearm" means a weapon such as a pistol, shotgun or rifle capable of firing a bullet or other projectile.
(k) "Fish and wildlife commission" or "Commission" shall mean the Nez Perce Tribe Fish and Wildlife Commission as established by this chapter.
(l) "Fishing" means any effort to take fish in waters on the Nez Perce Reservation or in off-Reservation waters in which the Nez Perce Tribe has treaty fishing rights, at usual and accustomed places.
(m) "Gill net" means a net of single web construction attached at the top by a float line and at the bottom by a weight line designed to entrap fish in the mesh.
(n) "Hunting" means shooting at, harassing, chasing, driving, flushing, attracting, brushing, pursuing, trapping, stalking or lying in wait for any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for or lying in wait for any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures or making sound recordings thereof. This definition shall apply to any such activities within the boundaries of the Nez Perce Reservation or on off-Reservation lands in which the Nez Perce Tribe has treaty hunting rights on open and unclaimed land.
(o) "In-lieu fishing site" means certain federal lands along the Columbia River designated by the federal government via PL 79-14 for Indian treaty fishing activities in lieu of usual and accustomed fishing placed inundated by construction of Bonneville Dam. (definition was added by NPTEC 5/25/10 the addition changed the numerical order of the following subsections)
(p) "Loaded firearm" means any such weapon having a round of ammunition in the chamber.
(q) "Member" means a person who is duly enrolled in the Nez Perce Tribe.
(r) "Non-member" means any person other than a Nez Perce tribal Member.
(s) "Nocturnal species" means those wildlife species which are most active during the night hours.
(t) "Open season" means the period of time during which the taking of certain fish and wildlife is permitted by this chapter or rules and regulations promulgated pursuant to this chapter.
(u) "Possession limit" means the amount of each species of game or fish which a person may possess.
(v) "Public highways" means all roadways open to the public for vehicular travel.
(w) "Rifle" means a shoulder weapon with a rifled bore.
(x) "Shotgun" means a smooth bore shoulder weapon for firing shots or slugs.
(y) "Subcommittee" means the Nez Perce Tribal Fish and Wildlife Subcommittee or any successor Subcommittee hereafter designated by the Nez Perce Tribal Executive Committee to perform the functions of the Fish and Wildlife Subcommittee.
(z) "Subsistence fishing" means fishing by tribal members pursuant to treaty rights for their personal use, including the sale or exchange with other members of the Yakama, Warm Springs, Umatilla and Nez Perce Tribes for the personal use of such other members. Subsistence fishing shall not include the sale or trade of harvested fish with non-Indians or non-members of
the Yakama, Warm Springs, Umatilla and Nez Perce Tribes or fishing for commercial or ceremonial purposes.
(aa) "Take" shall mean any effort to kill, capture, catch, harm, shoot, wound, collect, hunt, pursue or trap fish or wildlife in the waters or on the lands of the Nez Perce Reservation, or in off-Reservation lands in which the Nez Perce Tribe has treaty hunting or fishing rights in usual and accustomed places or on open and unclaimed land.
(bb) "Threatened species" means any species designated as such by this chapter or which as determined by the Fish and Wildlife Commission is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
(cc) "Trap" or "Trapping" shall mean any effort to take wildlife with a trap, net, snare or other device used for the purpose of capture in the waters or on the lands of the Nez Perce Reservation, or in off-Reservation water or on off-Reservation lands in which the Nez Perce tribe has treaty hunting or fishing rights.
(dd) "Treaty" shall mean the Treaty of June 11, 1855, between the Nez Perce Tribe and the United States as set forth in 12 Stat. 957, and any subsequent treaties and agreements between the tribe and the United States.
(ee) "Treaty fishing access site (tfas)" means certain federal lands along the Columbia River designated or acquired by the federal government via Public Law PL 100-581 for Indian treaty fishing activities in lieu of usual and accustomed fishing places inundated by the construction of Bonneville, The Dalles and John Day Dams. (definition was added by NPTEC 5/25/10 the addition changed the numerical order of the following subsections)
(ff) "Treaty hunting or fishing rights" shall mean any hunting or fishing right or privilege which is derived from the Treaty of June 11, 1855, 12 Stat. 957, or any subsequent treaties or agreements.
(gg) "Waste" means the abandonment of or deterioration of those portions of fish or game normally utilized for human consumption.