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Post by jackc99 on Mar 2, 2008 22:32:21 GMT -5
312 IAC 9-2-14 Fishing, hunting, and trapping without a license by owners and lessees of farmland Authority: IC 14-22-6-1; IC 14-22-11-1 Affected: IC 14-22 Sec. 1. (a) An owner or a lessee of farmland, and immediate family members of the owner or lessee, if exempted under IC 14- 22-11-1, may: (1) fish; (2) hunt; or (3) trap; on the farmland without obtaining a license under this article. (b) As used in this section, "owner" means either: (1) an individual listed on the tax assessment roll and whose name appears on the title to the property; (2) a business entity whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family. (c) As used in this section, "lessee" means either: (1) an individual to whom a lease is made for the farmland and who farms that land; (2) a business entity to which a lease is made for the farmland and whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family who farm that land. (d) As used in this section, "business entity" means: (1) a corporation; (2) a limited liability company; (3) a partnership; or (4) any legal entity organized for a profitable or charitable purpose. (Natural Resources Commission; 312 IAC 9-2-14; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA)
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Post by jackc99 on Mar 2, 2008 22:34:03 GMT -5
312 IAC 9-1-9.6 "Immediate family" defined Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-11-1 Affected: IC 14-22 Sec. 9.6. "Immediate family" means a husband, wife, son, or daughter. (Natural Resources Commission; 312 IAC 9-1-9.6; filed Jan 8, 2007, 9:11 a.m.: 20070207-IR-312060193FRA)
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Post by jackc99 on Mar 2, 2008 22:54:04 GMT -5
IC 14-22-11 Chapter 11. Licenses and Permits; General Provisions
IC 14-22-11-1 "Farmland" defined; license requirements and conditions 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. (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. 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.
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Post by drs on Mar 3, 2008 8:28:06 GMT -5
Thanks, Jack! So I am to understand, that since I have my home on the 15 acres that I hunt (My primary residence), zoned Ag.; I am not required to buy a License to Hunt for and harvest a Deer or other Game. Correct?
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Post by jackc99 on Mar 3, 2008 9:46:45 GMT -5
I only supply these as guidelines. I am not associated in anyway with the IDNR. My advice is to ask the C.O.'s your questions.
Jack
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Post by drs on Mar 3, 2008 10:46:20 GMT -5
I only supply these as guidelines. I am not associated in anyway with the IDNR. My advice is to ask the C.O.'s your questions. Jack Thanks anyway, Jack! I think I'll write both the Director of IDNR and the Governor. I like to go to the top and not have to deal with "Underlings" in State Government.
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Post by Woody Williams on Mar 3, 2008 12:33:15 GMT -5
I only supply these as guidelines. I am not associated in anyway with the IDNR. My advice is to ask the C.O.'s your questions. Jack Thanks anyway, Jack! I think I'll write both the Director of IDNR and the Governor. I like to go to the top and not have to deal with "Underlings" in State Government. The "Director of IDNR and the Governor" wont be the one issuing a ticket IF you've got one coming....
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Post by drs on Mar 3, 2008 14:02:08 GMT -5
Thanks anyway, Jack! I think I'll write both the Director of IDNR and the Governor. I like to go to the top and not have to deal with "Underlings" in State Government. The "Director of IDNR and the Governor" wont be the one issuing a ticket IF you've got one coming.... Doesn't a Conservation Officer work for the IDNR?
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Post by jackc99 on Mar 3, 2008 15:56:24 GMT -5
Yes but administrations change and the C.O.'s don't.
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Post by johnc911 on Mar 4, 2008 18:13:15 GMT -5
Im guessing there is alot of the story missing. Im sure the guy deserved the ticket or he would not have got it.
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Post by buster on Mar 6, 2008 23:00:07 GMT -5
So if a fella leases the woods to a farm, grows some flowers in those woods and sells them to whoever does that give him the right to hunt free? The whole thing sounds rather stupid to me! This is just the State of Indiana's feeble attempt to trap some Hunters that pay property taxes, on the land they own, and hunt on. THANKS ALOT "MITCH"!!! You guys get way too bent out of shape over this kinda silly stuff. OBVIOUSLY, the whole story is not out on the table! Hmmm....haven't we been down this road a time or two before.......I can vividly remember a loving discussion with my friend 'IndianaHick' about some situation where it was again obvious that all the fact were not told. You all have read the law, either in the hunting guide or where it has been over posted on this thread. If the kid is 18 years old and still lives at home the law exempts him from buying a hunting license to hunt on his parents farm. Plain and simple. If he got a ticket, then either there are other factors involved or the ticket will get dismissed. FOR THE RECORD, our governor or the state's financial situation had nothing to do with this law...it was in effect long before Mitch was even in politics. Good thread, by the way. Interesting reading everyones remarks!!
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Post by drs on Mar 7, 2008 8:49:24 GMT -5
So, Buster, does this means that I don't have to buy a Deer Hunting License inorder to hunt on MY PROPERTY where I LIVE and where MY HOME SITS? Just want to make certain I am not breaking any Indiana Hunting laws. I do buy an annual General Hunting License, as I figure that this is the fairest thing to do even if I hunt my own property. <Thanks for your answer in advance!>
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Post by RiverJim on Mar 7, 2008 9:58:36 GMT -5
The regs don't say the family has to be 18! What if it's a large farm and the son is say............33 y/o and still lives there and farms it and takes care of his aging parents?
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Post by danf on Mar 7, 2008 10:30:20 GMT -5
Then chances are that his name is on the tax records and it wouldn't matter anyway...
I think buster used "18" as an example- that's the age that most of us had been referring to anyway.
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Post by indianahick on Mar 7, 2008 12:03:51 GMT -5
Like I said my opinion is that if the son has an apartment in town, works in town, then his main residence is not the family farm. He needs to buy a license. Now if he is living in a dorm and attending school then his main residence is still the family. But somehow I do not think that the later is the issue, it is the former.
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Post by buster on Mar 7, 2008 13:32:16 GMT -5
My guess is judging ONLY by what has been posted and from personal experience, more than likely the son lives somewhere else (on his own) and comes back home to hunt on Mommy and Daddy's property, hoping to avoid spending $24 on a deer license...just a guess. The law does not specify a maximum age, but it was written to address dependents living at home with their parents. I would extend that exemption to college kids living at school and living at home in the summer. However, I see the landowner exemption being taken advantage of more than about anything else, especially since the license fee increase to $24 a couple of years ago. Doesn't take long to tally up a large license bill each year......
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Post by drs on Mar 7, 2008 15:05:45 GMT -5
However, I see the landowner exemption being taken advantage of more than about anything else, especially since the license fee increase to $24 a couple of years ago. Doesn't take long to tally up a large license bill each year...... I personally blame the State of Indiana for offering those money loosing Lifetime Hunting Licenses. It might have looked good on paper at first but now since many have had it for several year; they a vurtually hunting for free, while the State IDNR looses money!!! The rest of us are paying through the nose. When I first started Deer Hunting the cost of a License was $5.75, which increased to $10.75 a few years later. I think the State needs to amend their Lifetime Hunting License to allow only ONE DEER per license holder and if that person wants additional licenses/tags he'll have to buy them like non-lifetime license holders.
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Post by hornzilla on Mar 7, 2008 17:43:11 GMT -5
As a Lifetime licenses hold I would have to say NO WAY on the One Deer per license holder. I bought and paid for the Licenses. Now You Wont to take part of it away? Next week when they short your check at work (32 hours) after you worked the 40 would you be OK with it. It was what the DRN sold and thats what we bought.
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Post by Woody Williams on Mar 7, 2008 18:16:36 GMT -5
DRS,
You're getting way off topic here, but let me say one thing about Lifetime Licenses.
There are three words that would keep the IDNR from even considering your proposal - Class Action Lawsuit.
Now, let's get back on topic.
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Post by tenring on Mar 7, 2008 20:14:33 GMT -5
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