I am in the process of closing (I hope)on my secluded dream farm and house in the most deer rich area I have ever seen. The deer numbers are crazy and I am use to high deer numbers. saw between 70 and 100 at dark last time I was there- a crazy sight in the snow. Big tracts of protected land and perfect habitat. When the current owner was showing me around one of the crop fields (soybeans last yr), there will deer skulls and rib cages everywhere. I asked him about it and he said the farmer that leases the ground killed 53 deer in that and the neighboring field on July 1st and July 2nd last year. while I know there are a ridiculous amount of deer there, I do not want this too take place on my land as soon as ownership changes. I plan to lease those fields to the same farmer, a guy I know well and like, but do not want these deer killed on my land. Of course he can kill the same deer on the hundreds of acres of farmland he farms around my tract. so my question is does his depredation permit allow him to kill deer on land he don't own. I am sure if I ask him not to shoot them on my and, he wont because he wont want to anger me off and lose the farming rights. just curious as to the letter of the law.
Legality question..deer depredation..
- Thread starter redblood
- Start date
70-4-115. Destruction and disposal of wildlife -- Permit -- Penalty.
(a) The owner of lands may destroy any wild animals, wild birds, or wild fowl when such wild animals, wild birds, or wild fowl are destroying property upon such lands. Any person, before destroying any big game under the conditions provided for in this section, is required to obtain a permit for destroying such big game. Such permit shall be issued by an officer of the wildlife resources agency.
(b) Any big game killed or destroyed under the conditions provided for in this section shall remain the property of this state and may be disposed of by the officer of the commission by gift to any worthy recipient; provided, that any wild birds or wild animals killed accidentally or illegally shall be disposed of in the same manner and a receipt for the same obtained from the person or agency receiving such game.
(c) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill. Nothing in this section authorizes possession of federally protected wildlife or wildlife protected by the state under chapter 8 of this title.
(d) A violation of this section is a Class C misdemeanor.
HISTORY: Acts 1951, ch. 115, § 33 (Williams, § 5178.62); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; 1979, ch. 193, § 1; 1982, ch. 738, § 19; T.C.A. (orig. ed.), § 51-424; Acts 1989, ch. 591, § 113; 1990, ch. 891, § 13; 1999, ch. 285, § 1.
The statute says owner of lands, so a depredation permit would have to be issued to you. To make sure that there aren't any misunderstandings, it probably would be a good idea to put it into any lease agreement that there will be no depredation killing on your land.
(a) The owner of lands may destroy any wild animals, wild birds, or wild fowl when such wild animals, wild birds, or wild fowl are destroying property upon such lands. Any person, before destroying any big game under the conditions provided for in this section, is required to obtain a permit for destroying such big game. Such permit shall be issued by an officer of the wildlife resources agency.
(b) Any big game killed or destroyed under the conditions provided for in this section shall remain the property of this state and may be disposed of by the officer of the commission by gift to any worthy recipient; provided, that any wild birds or wild animals killed accidentally or illegally shall be disposed of in the same manner and a receipt for the same obtained from the person or agency receiving such game.
(c) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill. Nothing in this section authorizes possession of federally protected wildlife or wildlife protected by the state under chapter 8 of this title.
(d) A violation of this section is a Class C misdemeanor.
HISTORY: Acts 1951, ch. 115, § 33 (Williams, § 5178.62); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; 1979, ch. 193, § 1; 1982, ch. 738, § 19; T.C.A. (orig. ed.), § 51-424; Acts 1989, ch. 591, § 113; 1990, ch. 891, § 13; 1999, ch. 285, § 1.
The statute says owner of lands, so a depredation permit would have to be issued to you. To make sure that there aren't any misunderstandings, it probably would be a good idea to put it into any lease agreement that there will be no depredation killing on your land.
Thanks SCN. I figured there was some gray area. I will definitely line those details out with him as soon as we close. he has endless lands around me so I am sure he can kill just as many deer, but would prefer my area to be a sanctuary
Mike Belt
Well-Known Member
If the deer population is as high as you say in that area, you might be more concerned with losing your farmer than the farmer losing his farming ground. There aren't many out there that are going to bother with losing 50% of everything they work for to deer with no relief in sight.
catman529
Well-Known Member
If you need the herd thinned this fall, well you know.........
Sent from the talk of tap
Sent from the talk of tap
SMarshall
Well-Known Member
catman529":14ivl6y8 said:
X2!
Hunter 257W
Well-Known Member
Wow, that sounds like one of those areas where you truly can see tons of bucks and merely pass on the younger ones until you see a big one. With that many deer around it's just a matter of time before a mature buck walks by.
I don't blame you for not wanting the farmer to shoot deer on your land, but I'd say you better be pretty aggressive with doe kills yourself or invite a few friends you trust to lend a hand. As Mike said, if the bean crop gets half mowed down, the farmer might not want to keep renting your fields. I don't think their insurance will pay equal to a normal good crop yield either.
Maybe you could ship a few down to my farm?! I've never seen the big groups of deer regularly coming into my food plots in the evenings like some people talk about. In fact, I rarely ever see a deer in one of my food plots. I don't even bother to hunt over them.
I don't blame you for not wanting the farmer to shoot deer on your land, but I'd say you better be pretty aggressive with doe kills yourself or invite a few friends you trust to lend a hand. As Mike said, if the bean crop gets half mowed down, the farmer might not want to keep renting your fields. I don't think their insurance will pay equal to a normal good crop yield either.
Maybe you could ship a few down to my farm?! I've never seen the big groups of deer regularly coming into my food plots in the evenings like some people talk about. In fact, I rarely ever see a deer in one of my food plots. I don't even bother to hunt over them.
SCN, So, is it my understanding the landowner is the one who has to get the permit? If so, than no one else including the farmer could legally shoot the deer? Can the person issued the permit let others kill the deer?
tickweed":ci7heois said:
The landowner has to get the permit.
The permit would cover who could do the shooting.
Tks SCN. It clearly says the owner, not farmer, or anyone else. I see the gray area now.
that is good to know, so it would be illegal for anyone except me, and I certainly wouldn't do it. so we are good. as far as doe management, I may kill a couple at the very end of the season but I am going to plant everything I can in food plots and let the does bring me a keeper (at least that is my plan)
Hunter 257W
Well-Known Member
One idea to help with the crop damage would be to plant some strategically located food plots that would draw deer away from the row crops. That way the farmer gets a higher yield and you don't have to kill a bunch of does out of season. Plant something different from whatever the farmer is planting too might help draw deer away from the crops too. A good annual such as Imperial clover will already be up and growing when soybeans would be sprouting and are most tempting to the deer. The deer will still eat some of the beans but the clover would take a lot of the pressure off. Especially if they are in a good secluded location.
I try to do that on my farm but honestly I don't have deer numbers like you are talking about either. The deer can't even make a dent in the several thousand acres of soybeans around here.
I try to do that on my farm but honestly I don't have deer numbers like you are talking about either. The deer can't even make a dent in the several thousand acres of soybeans around here.
I plan to food plot about 10-12 acres along the power lines and a couple small internal fields
