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Post by xizang on Nov 16, 2020 17:21:08 GMT -5
The only thing I can find in the Indiana hunting regulations is that a landowner may use a landowner tag on property they own. The property must be agriculture and used primarily for crops. I can't find anything that say a landowner of say 20 wooded acres of ground can use a landowner tag. The only exception has to do with crops. Once and for all what is the answer as to what qualifies property to be able to use a landowner tag on.
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Post by morrison on Nov 20, 2020 14:09:47 GMT -5
The exemption is for the owners of "FARMLAND" to include the owner's spouse and dependents living with the owner. As stated in the Indiana Code posted below, "FARMLAND" means agricultural land that is devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock or assessed as agricultural land for property tax purposes.
As for "once and for all", we all wish this was the case but every 5 to 10 years someone decides to provide clarification resulting in a definition that is interpreted the same but doesn't necessarily clarify the definition. For now, this is the current definition and application of the exemption.
Let me know if you have additional questions.
IC 14-22-11-1"Farmland"; license requirements and conditions; public use airport manager reporting requirements
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(5) The manager of a public use airport (as defined by 49 U.S.C. 47102(22)), or the manager's designee, may chase or take at any time, without a license, a:
(A) white-tailed deer, except by trapping;
(B) coyote;
(C) wild turkey, except by trapping; or
(D) migratory bird;
that poses a threat to aircraft within the airport operations area.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
(e) The manager of a public use airport (as defined by 49 U.S.C. 47102(22)), or the manager's designee, shall report annually to the department the following:
(1) The number of animals killed under subsection (b)(5) by species.
(2) The date the animal was taken.
(3) The name and address of the person who took the animal, other than a migratory bird.
(4) The disposition of the animal.
(5) The name and address of the person to whom the animal was given as a gift or donated (if applicable).
A copy of the report must be kept at the public use airport (as defined by 49 U.S.C. 47102(22)) and be available upon request to an employee of the department. White-tailed deer and wild turkeys must be tagged or accompanied by a piece of paper that includes the name and address of the person who took the deer or wild turkey, the date the deer or wild turkey was taken, and the location where the deer or wild turkey was taken before processing of the deer or wild turkey begins. However, it is not a violation of this subsection if the manager of a public use airport (as defined by 49 U.S.C. 47102(22)), or the manager's designee, fails to submit an annual report under this subsection, as long as the manager of a public use airport (as defined by 49 U.S.C. 47102(22)), or the manager's designee, provides the relevant information requested by the department not later than fourteen (14) calendar days after receiving a request from the department. If the manager of a public use airport (as defined by 49 U.S.C. 47102(22)) or the manager's designee does not provide the information requested by the department within the required fourteen (14) day period, the manager of the public use airport (as defined by 49 U.S.C. 47102(22)) and any designee of the manager are required to obtain a permit from the department to chase or take a wild animal during the following calendar year.
[Pre-1995 Recodification Citation: 14-2-7-1.]
As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1; P.L.25-1998, SEC.1; P.L.186-2003, SEC.60; P.L.194-2014, SEC.1; P.L.111-2016, SEC.19.
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