Questions on Deer Hunting Laws

[sadclownwp]

I have a question on a few hunting laws, as I have heard several different stories on the law.

1. Can a land owner hunt his own land for deer during deer season without a license?

2. Can the land owner's adult children hunt his own land for deer during deer season without a license?

3. Can the land owner use a 30-06 to hunt deer on his own land during deer season?

4. Can the land owners son use a 30-06 to hunt deer on his fathers land during deer season?

5. How many deer can a land owner take on his own land during deer season?

6. How many deer can each individual related to the land owner take on the land owners property.


Basically, I don't know if the information that I am being told is right, and it doesn't seem right to me. So I would like clarification on these questions. Reps to whomever can answer them for me.

Thank you in advance.

 

[TaunTaun]

1. Only if he is a farmer and the deer are destroying his crop. Either way I'd contact DNR before engaging Tangos... DNR: Nuisance Wildlife

2. Only if the landowner is a farmer, and the children are "employees." Still have to be a nuisance critter

3. 30-06 is one of the restricted calibers. Wish it weren't. It is perpetually up for discussion for revised DNR rules. It is considered "high powered" and travels too far....I know, doesn't make sense.

4. Hunting only if it is a nuisance deer, I am unsure of any regulations that say that you CAN use a gatling gun, browning .50 cal or other "high powered" weapons...

5. If not a nuisance animal, they are restriction to the bag limit/tags of the licenses that they carry. If they are nuisance animals, then have at it. I would still consult DNR on this beforehand to CYA.

6. If not a nuisance animals, same as 5.

Use the DNR website. Indiana's generally doesn't hide a lot of stuff...

 

[jblomenberg16]

Taun Taun nailed it. Discussion about land owners Starts on page 8 and goes on to page 10.
Digital Edition | eRegulations.com

From there you need to look into the depredation permit requirements about taking other deer. Generally speaking, follow the guidelines for regular firearms season and you'll be ok.

 

[DaKruiser]

I have a question on a few hunting laws, as I have heard several different stories on the law.

1. Can a land owner hunt his own land for deer during deer season without a license?

Yes, if he harvests anything from his land, timber, livestock, crops, are just a few of the things that qualify. They removed the "40 tillable acres" a few years ago, that opened landowner permits to most land owners.

http://www.eregulations.com/indiana/hunting/license-exemptions/

2. Can the land owner's adult children hunt his own land for deer during deer season without a license?

3. Can the land owner use a 30-06 to hunt deer on his own land during deer season?

4. Can the land owners son use a 30-06 to hunt deer on his fathers land during deer season?

5. How many deer can a land owner take on his own land during deer season?

6. How many deer can each individual related to the land owner take on the land owners property.


Basically, I don't know if the information that I am being told is right, and it doesn't seem right to me. So I would like clarification on these questions. Reps to whomever can answer them for me.

Thank you in advance.

I don't believe adult children can hunt without a license, unless they live there, and you have to follow all hunting regulations and bag limits, that includes equipment.

 

[TaunTaun]

The children of the landowner thing. They either have to live there or be employees of the farm. My uncles and my grandpa turned the family farm into a LLC about 10 years back, and a few members of the family regularly hunt back there. For nuisance deer and other critters, they've had to keep an eye on the regs.

 

[Hkindiana]

1. Yes
2. No
3. No
4. No
5. Legal bag limit for the county in which the farm is located
6. None

 

[dusty88]

You have to be farming the land, whether as owner or tenant. But you don't have to make any specific claims of crop destruction.

As far as how many deer, what kind of firearm, bow, etc you are under the same rules as everyone else. You review the rules of the license, and then you are exempt from the actual license. So you can get 1 buck, 1 antlerless, plus any bonus allowed by your county.

If you hunt outside that land, though, then you need the specific license for whatever type of hunting you are doing.

Just think of it as the only special rule is you are exempt from having to buy the license to hunt your own farmland; all other rules are unchanged.

 

[singlestacksig]

If you are the land owner it only has to be farm land. You do not need to be farming it.. If you lease the farm land you must farm it.

Ind. Code § 14-22-11-1 : Indiana Code - Section 14-22-11-1: "Farmland" defined; license requirements and conditions
To take deer in season you do not need a license, but you do need to follow equipment , bag limits & hunter orange laws.
To take deer out of season you need to hold a herd reduction permit.

 

[mom45]

It doesn't HAVE to be land that is being farmed. If you are assessed taxes as Agricultural property, you can also hunt it without a license. Our property is nearly all wooded, but it is taxed as Agricultural. This is taken from the link provided above regarding exemptions:

"

• Resident owners of Indiana farmland or lessees of Indiana farmland who farm that land, their spouses and children living with them, while hunting, fishing or trapping on the farmland they own or lease. This exemption does not apply to land owned by a business, corporation or partnership unless the shareholders, partners, members or owners are comprised solely of the members of an immediate family and farm that land. Farmland means agricultural land that is devoted or best adaptable to the production of crops, fruits, timber or the raising of livestock, or is assessed as agricultural land for property tax purposes."

Rules for anyone else apply such as bag limits, firearm used, hunting hours, etc.

 

[singlestacksig]

Also be aware, you can only hunt on your land if you are using the landowner exemption.. If you wound a deer and have to go on other property you may be at risk of being charged with hunting without a license..

landowner exemption scenario problem | HUNTING INDIANA

 

[CountryBoy19]

I have a question on a few hunting laws, as I have heard several different stories on the law.

1. Can a land owner hunt his own land for deer during deer season without a license?
Yes if he is a "farmer". As mentioned a farmer can be anybody that harvests resources from the land, timber, livestock, crops, vegetable garden that is for profit etc. TaunTaun is INCORRECT in saying that the deer must be destroying his crops to do this.

2. Can the land owner's adult children hunt his own land for deer during deer season without a license?
Yes, if they are also land-owners that "farm" that land or if they still live at home with mom and dad. If they have no stake in the land or farming operation then they need to purchase a license. FWIW, I am a partial landowner to a LARGE tract of land that my dad farms. I help him farm it. I can technically hunt that parcel without a license, even though dad is the primary landowner.

3. Can the land owner use a 30-06 to hunt deer on his own land during deer season?
I'm pretty certain that depredation permits can still be used during deer season, if that is the case then yes, if he has depredation permits due to crop damage (loss of revenue) he can use a 30-06 or any other high-power rifle he wishes.

4. Can the land owners son use a 30-06 to hunt deer on his fathers land during deer season?
If the landowner has depredation permits and his son is listed as one of the individuals authorized to take animals IAW the depredation permit then yes.

5. How many deer can a land owner take on his own land during deer season?
If he has depredation permits he must obey the number listed on the permit. If he doesn't have depredation permits then he must obey all bag limits listed in the Hunting & Trapping guide.

6. How many deer can each individual related to the land owner take on the land owners property.
Up to the bag limits or the number listed on any depredation permits. It is my understanding that numbers taken IAW depredation permits do NOT count against your bag limits. So if a landowner has a depredation permit that authorizes 10 deer, and he has 3 sons that are listed on that permit but they are not landowners, the owner + son can take a total of 10 deer on the depredation permit, they can then each individually take up to the county bag-limits but the sons would have to buy licenses for any deer they harvest on the property above and beyond the depredation permit harvests.

Basically, I don't know if the information that I am being told is right, and it doesn't seem right to me. So I would like clarification on these questions. Reps to whomever can answer them for me.

Thank you in advance.

Answers in red above

 

[singlestacksig]

It doesn't HAVE to be land that is being farmed. If you are assessed taxes as Agricultural property, you can also hunt it without a license. Our property is nearly all wooded, but it is taxed as Agricultural. This is taken from the link provided above regarding exemptions:

"

• Resident owners of Indiana farmland or lessees of Indiana farmland who farm that land, their spouses and children living with them, while hunting, fishing or trapping on the farmland they own or lease. This exemption does not apply to land owned by a business, corporation or partnership unless the shareholders, partners, members or owners are comprised solely of the members of an immediate family and farm that land. Farmland means agricultural land that is devoted or best adaptable to the production of crops, fruits, timber or the raising of livestock, or is assessed as agricultural land for property tax purposes."

Rules for anyone else apply such as bag limits, firearm used, hunting hours, etc.

Timber counts as farming..

 

[mom45]

Timber counts as farming..

We aren't currently timbering our property. I just wanted to point out that last part as much of our county is taxed as Agricultural except for smaller parcels with a home on them, which are taxed as Residential even though they may be zoned Agricultural. It is all dependent on how it is TAXED.

 

[sadclownwp]

Turns out I have been told a lot of wrong things, I may have to rethink hunting that property with them.

 

[dusty88]

We aren't currently timbering our property. I just wanted to point out that last part as much of our county is taxed as Agricultural except for smaller parcels with a home on them, which are taxed as Residential even though they may be zoned Agricultural. It is all dependent on how it is TAXED.

My main point in saying "have to be farming the land" is to point out there can definitely be a problem if you lease the land to a farmer, and then claim landowner exemption to hunt it.

 

[IndyGunworks]

Would cutting trees for firewood be considered harvesting?

Need the crops grown on the property be sold for a profit to be considered production of timber or crops?

If that's the case wouldn't merely owning the land and having a tree on it be considered production of timber?

 

[TaunTaun]

As you can see, there is some difference of opinion on some of these items. It can vary year to year as regulations change, and with local interpretation of those regs. I would consult your local CO or call DNR to CYA.

 

[IndyGunworks]

I am currently zoned and taxed AG, but once we build I believe we will be zoned ag and taxed residential. I will still have 3 acres of woods (timber production?) and a very large garden including a small orchard (crop production?) At what scale is it considered production?

 

[dusty88]

Would cutting trees for firewood be considered harvesting?

Need the crops grown on the property be sold for a profit to be considered production of timber or crops?

If that's the case wouldn't merely owning the land and having a tree on it be considered production of timber?

the statute says the land should be devoted to agriculture. You may have a hard time presenting a case that a house on 1 acre with a tree and a tomato plant is devoted to agriculture. You probably wouldn't have a hard time with 100 acres showing plenty of potential for agroforestry; even some basic land management would answer that question. I suspect if you are in the 5-10 acre range it could be more debatable. Whether or not this is ever prosecuted, I have no idea.

 

[IndyGunworks]

6 acres, 3 of them wooded, w/ at least another acre dedicated (devoted?) to agriculture.