70-2-204 - Hunting and fishing on farm land License exemption to owner, tenants and their spouses and children Proof of compliance.
70-2-204. Hunting and fishing on farm land License exemption to owner, tenants and their spouses and children Proof of compliance.
(a) The owners and tenants of farmlands, and their spouses and children, along with the owners' grandchildren and great-grandchildren under the age of sixteen (16), have the right to engage in the sport of hunting and fishing, subject to all the provisions of all laws or regulations concerning wildlife, upon such lands and waters on the land of which they or their spouses or parents are the bona fide owners or tenants, or in the case of qualified grandchildren or qualified great-grandchildren, their grandparent or great-grandparent or grandparents or great-grandparents are the bona fide owners, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. Tenants and their spouses and their dependent children must be bona fide residents of the state and must actually reside on the land. Owners and their spouses and children and qualified grandchildren and qualified great-grandchildren must be bona fide residents of the state. Land may qualify as farmland only if it is owned by no more than one (1) individual or a family; provided, that, if land is owned jointly or in common by persons who are first cousins related by blood, then such cousins and their children may hunt small game and fish on such land under the provisions of this subsection (a). Family means any combination of kinship within the third degree, including any spouse who has an interest in the property. Tenant means an individual who receives compensation, such as free rent or money, for acting either in the place of or at the direction of the landowner in tending to the requirements needed to care for the farmland. The primary purpose of the tenancy shall be agricultural in nature.
(b) Each person claiming a license exemption under subsection (a) shall provide identification and shall submit a signed statement attesting to the exempt status described in the statement and a description of the land and the name of the land owner when requested by an officer of the wildlife agency or upon presenting any game to a check station. Such statement shall contain information sufficient to demonstrate that such person has complied with the requirements of subsection (a). The commission shall prepare a preprinted form for the submission of such statements for convenience of use. Submission of false information in a signed statement is a Class C misdemeanor.
(c) A violation of this section is a Class C misdemeanor.
[Acts 1951, ch. 115, § 16; 1953, ch. 255, § 2 (Williams, § 5178.45); T.C.A. (orig. ed.), § 51-207; Acts 1990, ch. 981, § 4; 1993, ch. 310, §§ 1, 2; 1994, ch. 746, § 1; 2000, ch. 837, § 7; 2001, ch. 75, § 1; 2005, ch. 341, § 1.]