#3034010 - 11/15/12 07:43 AM
Lic. ?
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ferg
Spider
16 Point
Registered: 07/29/04
Posts: 13807
Loc: At the TNDeer shirt factory %^...
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If I'm hunting under the land owners exemption ....
I know I need a Valid/Current year big game (009) lic to track a wounded animal across my property line(s).
The question is, if I'm tracking a doe taken under the 094 conditions - do I also need the 094 lic to track off my property? Or is the 009 cover that?
thanks
ferg....
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#3034100 - 11/15/12 08:39 AM
Re: Lic. ?
[Re: ferg]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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Yes, you would need the Type 94 under the legal definition of hunting.
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#3034486 - 11/15/12 11:13 AM
Re: Lic. ?
[Re: MUP]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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This is news to me guys.  So, if under the landowner exemption I shoot a deer, and it then crosses onto my neighbor's property, then, assuming that I have his(neighbors) permission to cross his line and retrieve the deer, I still have to have a type 094 lic to do so?
When you look at the strictest cross the T, dot the I, interpretion of hunting, then, yes, IMO you need the proper licenses and permits. An officer may use some discretion in their interpretation, so it may be worth a phone call ahead of leaving your property to save any confusion.
Here is the definition of hunting from TCA 70-1-101:
(19) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife;
See any elements of looking for a hit deer?
As I've stated on here a few times before, when I give an answer it doesn't mean that I would consider giving a citation on the issue myself, but I feel obligated to give the strictest legal interpretation to make sure I don't get somebody crosswise with an officer that goes strictly by the law/regulation.
Edited by scn (11/15/12 11:23 AM)
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#3034539 - 11/15/12 11:41 AM
Re: Lic. ?
[Re: scn]
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MUP
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Registered: 08/01/07
Posts: 36553
Loc: Just North of Chatt-town
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Ok, looks like I could leave my weapon on my side of the property, then start the search across the line then?
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Amateurs: Built the Ark
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#3034571 - 11/15/12 11:54 AM
Re: Lic. ?
[Re: MUP]
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William
TnDeer Old Timer
8 Point
Registered: 10/25/99
Posts: 1850
Loc: Kingston, TN
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On a similar note, I have to cross my neighbors land to get to my property. I travel viathe atv and foot. Does this constitute "hunting"?
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#3034573 - 11/15/12 11:55 AM
Re: Lic. ?
[Re: MUP]
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ferg
Spider
16 Point
Registered: 07/29/04
Posts: 13807
Loc: At the TNDeer shirt factory %^...
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I don't think so MUP - following a wounded deer isn't the same as 'watching or taking pictures'
ferg....
_________________________
NOTICE: Due to Operation Prism I have given all of my internet passwords to a number of different folks, I no longer accept full posting responsibility for any of my internet accounts.
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#3034576 - 11/15/12 11:57 AM
Re: Lic. ?
[Re: MUP]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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Ok, looks like I could leave my weapon on my side of the property, then start the search across the line then?
The hunting definitions doesn't state that it is for armed persons, so I don't think that would completley handle the issue. The "unarmed" part of the definition is only applicable to viewing wildlife or taking pictures. What you would be doing would not fall into that criteria.
I still think a call to the officer might be the best solution.
Edited by scn (11/15/12 12:02 PM)
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#3034581 - 11/15/12 11:58 AM
Re: Lic. ?
[Re: William]
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scn
12 Point
Registered: 02/05/03
Posts: 7088
Loc: Brentwood, TN US
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On a similar note, I have to cross my neighbors land to get to my property. I travel viathe atv and foot. Does this constitute "hunting"?
In the strictest interpretation, yes, it would be hunting.
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