Do you think that if CO that stops someone to check their license and the hunter(s) says "I lease this ground for tree farming and I'm watching the trees grow" will give him a free pass?
A leasee has to be farming the property. If he claims a license exemption he best have proof of it. See the "made" part in red.."an individual (or "business entity") to whom a lease is
made"
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.
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; readopted filed Nov
24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA)
The entire IAC section pertaining to hunting is available at:
www.in.gov/legislative/iac/iac_title?iact=312&iaca=9