5-35-1 General Provisions and Definitions

1. INTENT-It is the intent of the provisions contained herein to provide for an orderly system on the Rosebud Sioux Indian Reservation for the management and control of the wildlife, fishery, forest, and outdoor recreation resources of the Rosebud Sioux Tribe.
2. JURISDICTION-The provisions contained herein specifically address all lands within the boundaries of Todd County, South Dakota, all territory of the Tribe outside of Todd County but within original boundaries of the Rosebud Sioux Indian Reservation, and all matters contained herein relating to propagation, conservation, management, distribution, transportation, storage, and taking of fish and game, relating to the management, conservation and control of reservation lands, forests, and waters for fish and game purposes, and relating to fishing, hunting. trapping, timber harvest, sale, barter, and exchange of fish, game, timber and timber products from the local resources on the Rosebud Sioux Indian Reservation and relating to the use of boats, snowmobiles and other off-road recreational vehicles on the Rosebud Sioux Indian Reservation as well as other outdoor recreational activities are all subject to the absolute jurisdiction of the Rosebud Sioux Tribe.
3. FORESTS, FISH AND WILDLIFE PROPERTY OF THE TRIBE-
   1. All fish, wildlife and forest resources, now or hereafter within the Rosebud Indian Reservation, not held in private ownership legal acquired, and which for the purposes of this code shall include all big game animals, game birds, water fowl, game fish, reptiles, amphibians, four-bearing animals, and all other forms of wildlife, and all forest and timber stands, whether harvested or unharvested mentioned in these provisions, are hereby declared to be the property of the Rosebud Sioux Tribe and no right, title, interest or property therein can be acquired or transferred or possession thereof had or maintained, except as herein expressly provided.
   2. It shall be lawful for the Department of Natural Resources or any person or entity appointed by it in writing so to do under the direction of the Director of the Department of Natural Resources, to take fish and wildlife, or cut timber for the purpose deemed by it to be in the best interest of the fish, game and timber industry of the Tribe.
4. COOPERATIVE AND RECIPROCAL AGREEMENTS-The Department of Natural Resources is hereby authorized, subject to the approval of the Rosebud Sioux Tribal Council, to enter into reciprocal and cooperative agreements with the State of South Dakota and any other governments or governmental agencies, federal or otherwise, for the purposes of promoting and implementing fishery, and wildlife management programs, forestry programs and outdoor recreational activities.
5. DEFINITIONS; INTERPRETATION-The following terms, words and definitions shall be used in Chapter 35 and shall have the meaning so ascribed to them in the respective sections unless a different meaning dearly appears form the context:
   1. “Reservation” means all territory within the boundaries of Todd County, South Dakota all territory outside of Todd County, South Dakota hut within the original] boundaries of the Rosebud Sioux Reservation, and any and all territory within the exterior boundaries within that land area referred to as Rosebud Sioux Indian Reservation by federal law.
   2. “Tribe” means Rosebud Sioux Indian Tribe.
   3. “Tribal Court” means Rosebud Sioux Indian Tribal Court.
   4. “Department” means Rosebud Sioux Tribal Department of Natural Resources.
   5. “State” means State of South Dakota.
   6. “Possession” means physical possession or control of any undomesticated game or non-game animal or parts thereof, on one’s person, premises, motor vehicle, or public or private place of processing or storage.
   7. “Motor vehicle” means a motorized vehicle including any trailed or towed vehicle thereof which may travel on land, water, snow or air.
   8. “Big game tag” means an adhesive-backed tag issued with big permit which must be attached around the hock or the big game animal at the time it is taken.
   9. “Antlered” means a male animal with a visible antler at least Ibur inches above the head.
   10. “Antler-less” means any animal not classified as antlered as defined in number 9 above.
   11. “Loaded firearm” means any firearm containing cartridges in the chamber, clip or magazine.
   12. “Hunt/trap” means any effort to kill, injure, disturb any wild animal or wild bird as defined herein.
   13. “Fish” means any effort made to kill, injure, disturb, capture or otherwise possess fish in and from the waters of the Rosebud Sioux Indian Reservation.
   14. “Carcass” means the dead body of any wild animal to which it refers including the head, hair, skin, plumage, skeleton or any other parts thereof.
   15. “Game” means all wild animals and birth for which hunting seasons have been established by provisions contained within this Chapter.
   16. “Game fish” means all species belonging to the paddlefish, sturgeon, salmon, trout pike, catfish, bullheads, sunfish, black bass, bluegill, crappies, perch, walleye and sauger families of fish species.
   17. “Rough fish” means any and all fish species, not included in the game fish families.
   18. “Non-game species” means all species of birds and animals which are not listed or covered or provided for within the provisions of this chapter and are protected.
   19. “Restricted water or trout water” means that fishing methods on any lake, pond, stream or any part thereof may be limited to the use of artificial lures or bait other than live fish.
   20. “Bag limit” means maximum number of game species which may be legally taken per day and shall include maximum number of each species of sex.
   21. “Possession limit” means maximum number of game species which may be possessed.
   22. “Seasons” means all of the time during the entire year except during the “open season” as specified by regulation or ordinance of the Rosebud Sioux Tribal Council.
   23. “Open Season” means the time specified by rule, regulation, order, resolution or ordinance or the Rosebud Sioux Tribal Council when it shall be lawful to hunt, fish, or trap for any animals, birds, or fish. Each period of said time shall be specified as an “open season” and the period during each day when these activities can legally take place.
   24. “Closed waters” means any lake, pond, river, stream, body of water or any part thereof within the Rosebud Indian Reservation wherein it shall be unlawful to fish, hunt or trap, said waters may be closed to one or all of these activities depending on the designation of these waters,
   25. “Predator” means animals which kill and eat the flesh of other animals.
   26. “Fur bearer” means animals which are taken primarily for sale of their pelts.
   27. "Resident” means a person whose domicile is in the Rosebud Sioux Indian Reservation or the State of South Dakota.
   28. “Non-resident” means persons other than residents as defined in number 27 above.
   29. “Officer” means a Conversation Officer of the Rosebud Sioux Tribal Department of Resources or any other law enforcement officers of the Bureau of Indian Affairs or Rosebud Sioux Tribe.
   30. “Sell” means to offer or possess for sale, barter, exchange or trade or the act of selling, bartering, exchanging or trading.
   31. “Tag” means a card, label or other identification device issued for the carcass of any game animal.
   32. “Take” means to fish, angle, hunt, pursue, catch, capture, trap, kill or otherwise possess any wildlife or any attempt to commit any of these ads.
   33. “Closed Area” means any area where by authority of the Department of Natural Resources hunting and trapping is prohibited and to which access or any other activities may not be allowed if signs so state in conspicuous places along access routes.
   34. “Specified Areas” means area where the taking of game animals is restricted to the specifications set forth by rules, regulations, ordinance or resolutions set forth by the Department of Natural Resources in conjunction with the Rosebud Sioux Tribal Council.
   35. “Wildlife” means any form of animal life generally living wild in a state of nature, endowed with sensation and the power of voluntary motion, including all wild mammals, birds, fish, reptiles, amphibians and their eggs, nests and spawn, and any animals, birds or fish which are part of a Department program which may be semi-domesticated state.
   36. "Bait” means any food item including but not limited to shelled or unshelled grains, shucked or unshucked grains, beans, alfalfa hay, food supplements, salt and any other items which entices or attracts game to a particular place.
   37. “Baiting” means the act of putting out, scattering or in other ways distributing bait for the purposes of attracting and taking any game animal or hunting over bait.
   38. “Snagging” means the use of hook or hooks and line, with or without a pole, to impale or attempt to impale fish in a manner other than by natural feeding behavior by fish.
   39. “All-Terrain Vehicle” means any motorized vehicle designed for or capable of travel over unimproved terrain.
   40. "Recreational Vehicle” means any snowmobile or all-terrain vehicle engaged in off-highway recreational use.
   41. “Snow mobile” means any motorized vehicle designed for travel on snow and/or ice and supported in whole or in part by skis, belts, cleats, runner or low-pressure tires.
   42. “Bait Fish” means any fish or minnow which is used for angling or the capture or taking of fish.
   43. “Live Bait” means the use of any baitfish, amphibian or any other animal while alive for angling.
   44. “Cold Water Fishery” means any lake, pond, stream, creek or river or any part thereof which is managed for trout and where the use of live bait and baitfish is prohibited.
   45. “Creel Limit” means the maximum number of any species of fish which may be legally taken per day.
   46. “Trot Line” means any line used for fishing with one or more hooks which is not used with a conventional rod and reel and is left unattended which shall include but not be limited to the terms throw line, set line, limb line or jug line.
   47. “License” means the primary document issued by authority of the Rosebud Sioux Tribe which grants authority to engage in activities covered by the provisions of this Chapter.
   48. 
       
   49. “Small Game” shall be defined as including the following: Family Anatidate-limited to geese, brantss, dabbling ducks, diving ducks, tree ducks, sea ducks and mergansers; Family Rallidae-including coots (mudhens) and gallinules (Rails and Soras): Family Charadiidae-including plovers and turristones; Family Scolopacdae-including snipe, woodcock, and sand pipers; Gallinaceous Birds (wilh the exception of family Malaegrididae-wild turkeys) to include family tetraonidae-Sharptail grouse and prairie chicken; Family Phasianidae-Bobwhite Quail, Ringneck Pheasant, and Hungarian Partridge; Family Columbideau-morning dove, cottontail rabbit, eastern fox squirrel, red squirrel, gray squirrel, and pine squirrel.
   50. “Big Game” shall be defined as wild turkey and any undomesticated clovenhooved ungulate, including whitetail deer, mule deer, antelope, elk and buffalo for which harvest may be established by the Rosebud Sioux Tribe.
       
   51. “Unprotected Species” means those species of birds and animals which are not protected under the provisions of this Chapter and for which, year round hunting is allowed. This shall include the following:
       
       •  Prairie Dog
       •  Redwing Black Birds
         
       •  Jackrabbits
       •  European Starling
       •  Ground Squirrels
       •  Raven
       •  Crows
       •  Brewer’s Black Birds
       •  Purple Grackles Bronzed Grackles
       •  All Species of Skunks
   52. “Water Fowl” means any wild geese, brants, or wild ducks.