Title 70 Wildlife Resources
Chapter 1 General and Administrative Provisions Part 1 General Provisions § 70-1-101. Title definitions — Construction of dates and provisions. - (a) As used in this title, unless the context otherwise indicates, the definitions and rules of construction in this section shall govern the construction of this title, and proclamations and rules and regulations made or adopted by the commission:
- (1) “Agency” means the wildlife resources agency;
- (2) “Angling” means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort;
- (3) “Bag limit” means the maximum number of wildlife other than fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission;
- (4) “Big game” means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting;
- (5) “Bullfrog” means jumbo frog (rana catesbiana);
- (6) “Carcass” means the dead body of any wildlife or a portion of any such dead body;
- (7) “Chumming” means placing fish, parts of fish, or other material upon which fish might feed, in the waters of this state for the purpose of attracting fish to a particular area in order that they may be taken, but “chumming” does not include angling;
- (8) “Commission” means the Tennessee fish and wildlife commission, and “commissioner” means a member of the fish and wildlife commission;
- (9) “Creel limit” means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission;
- (10) “Executive director” means the executive director of the wildlife resources agency;
- (11) “Falconry” means hunting by means of a trained raptor;
- (12) “Fish” means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use;
- (13) “Fishing” means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort;
- (14) “Fur bearer” means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer;
- (15) “Game birds” means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting;
- (16) “Harvest tag” means the certificate that is required either by law or rule or regulation of the commission to be secured to the carcass of wildlife as evidence of legal taking and ownership;
- (17) “Hours” means the hours of the day or night when wildlife may be taken lawfully;
- (18) “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;
- (19) “Motor vehicle” means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel;
- (20) “Nongame birds” means all species of birds not classified as game birds;
- (21) “Nongame mammal” means all species of wild mammals not classified as big game, small game, or fur bearers. Domestic dogs and cats when running at large and apparently unclaimed and not under human control, whether licensed or unlicensed, shall come within this subdivision (a)(21) for control and regulation by law or commission rule or regulation not inconsistent with Tennessee Anti-Rabies Law, complied in title 68, chapter 8, to the extent such dogs and cats are endangering or harassing wildlife;
- (22) “Nonresident” means any person who is not a resident;
- (23) “Person” means an individual, association, partnership, or corporation;
- (24) “Personally attended rod or line” means a rod or line that is used for fishing or angling, and that is under the personal control of a person who is in proximity to such rod or line;
- (25) “Possession” means both actual and constructive possession, and any control of the object or objects referred to;
- (26) “Possession limit” means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person;
- (27) “Public hunting area” means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users;
- (28) “Public road” means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway;
- (29) “Raptor” means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle;
- (30) “Refuge” means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection;
- (31) “Resident” means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. For the purposes of this subdivision (a)(31), the following are deemed residents of this state:
- (A) Members of the armed services of the United States or any nation allied with the United States, who are on active duty in this state under permanent orders;
- (B) Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and
- (C) Students who are attending and have been enrolled at least six (6) months in any school, college, or university in this state;
- (32) “Sell” includes the offering or possessing for sale, bartering, exchanging or trading;
- (33) “Small game” means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting;
- (34) “Snagging” means fishing, without the use of either bait or artificial lure or any other device designed to attract fish, by snatching with hooks, gang hooks, or similar devices;
- (35) “State fishing area” means a body of water where environmental conditions are such that relatively high fish production is possible and where fishing is the principal public use of the water;
- (36) “Transport” means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation;
- (37) “Trapping” means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices;
- (38) “Waters of the state” means any waters within the territorial limits of the state of Tennessee;
- (39) “Wild bird” means all game birds, nongame birds, and raptors;
- (40) “Wildlife” means wild vertebrates, mollusks, crustaceans, and fish;
- (41) “Wildlife management area” means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users; and
- (42) “Zoological institution” or “zoo” means an institution operated wholly or in part by a political subdivision of the state to display wildlife to the public. For the purposes of § 70-4-403(1), permitted permanent and temporary exhibitors are regarded as zoos.
- (b) Whenever in this title, or proclamation and rules and regulations adopted under this title, the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time indicated includes both dates specified. The first date specified designates the first day of the period, and the second date designates the last day of the period.
- (c) Every provision relating to any fish or wildlife shall be deemed to apply to any part of the fish or wildlife with the same force and effect as it applies to the whole of any fish or wildlife.
History (10)
- Acts 1974, ch. 481, § 3
- 1975, ch. 185, §§ 1, 2
- 1981, ch. 514, § 2
- 1982, ch. 738, § 1
- T.C.A., § 51-122
- Acts 1985, ch. 148, § 1
- 2005, ch. 92, § 1
- 2011, ch. 283, § 1
- 2012, ch. 993, § 11
- 2017, ch. 203, § 1.
§ 70-1-102. Fees and penalties set by law. - Fees and penalties imposed pursuant to this title shall be established exclusively by law, and nothing in this title shall be construed as authorizing establishment of fees and penalties by rule or regulation.
History (2)
- Acts 1978, ch. 587, § 1
- T.C.A., § 51-140.
§ 70-1-103. Assaulting or interfering with agency employee — Penalty. - (a) It is unlawful to assault, resist, oppose, impede, intimidate, or interfere with any employee of the wildlife resources agency while the employee is engaged in the lawful performance of the employee's official duties.
- (b) Any person violating this section commits a Class A misdemeanor.
History (3)
- Acts 1979, ch. 38, § 1
- T.C.A., § 51-141
- Acts 1989, ch. 591, §§ 1, 6.
§ 70-1-104. Accessory to violation of wildlife laws and regulations punishable as principal. - Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this title or title 69, chapter 9, and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal.
History (3)
- Acts 1982, ch. 808, § 1
- T.C.A., § 51-143
- Acts 2012, ch. 993, § 12.
Part 2 Tennessee Fish and Wildlife Commission § 70-1-201. Creation — Appointment of members — Terms. - (a) An independent and separate administrative board of conservation for game, fish and wildlife of the state is created, to be known and referred to as the Tennessee fish and wildlife commission, hereinafter referred to as the “fish and wildlife commission” or the “commission,” to consist of thirteen (13) citizens of this state, which citizens shall be well informed on the conservation of game animals, birds, and fish in this state, and also boating operation, regulation, and safety. The appointees must also actively participate in the activities regulated by the commission, including hunting, angling, trapping, and boating. Nine (9) of these citizens shall be appointed by the governor, two (2) shall be appointed by the speaker of the senate, and two (2) shall be appointed by the speaker of the house of representatives, each to be appointed within the period provided in this section. In making appointments to the fish and wildlife commission, the governor and the speakers shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older, at least one (1) person serving on the commission is a member of a racial minority, and at least two (2) persons serving on the commission are female.
- (b)
- (1) Except as otherwise provided in this subsection (b), each member shall be confirmed by the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate and by joint resolution of the general assembly prior to beginning a term of office.
- (2) If the general assembly is not in session at the time a member is appointed to fill a vacancy resulting from the expiration of a term, the member of the commission whose term has expired shall serve until a new appointee is confirmed as provided in subdivision (b)(1).
- (3) If the general assembly is not in session at the time a member is appointed to fill a vacancy not resulting from the expiration of a term, the new appointee shall serve for the term appointed unless such appointment is not confirmed within sixty (60) calendar days after the general assembly next convenes in regular session following such appointment.
- (4) If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (c)(1), unless such appointments are not confirmed within sixty (60) calendar days after the general assembly next convenes in regular session following such appointments.
- (c)
- (1) The entire membership of the wildlife resources commission shall be vacated and shall be replaced by new appointments made to the fish and wildlife commission pursuant to this subsection (c). In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
- (A) Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), and one (1) initial appointment by each speaker shall be made for a term of two (2) years and eight (8) months;
- (B) Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), and one (1) initial appointment by each speaker shall be made for a term of four (4) years and eight (8) months; and
- (C) Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), shall be made for a term of six (6) years and eight (8) months.
- (2) For purpose of calculating terms, the initial term of office of each commission member shall begin on July 1, 2012.
- (3) At the conclusion of the initial terms, each regular term of a commission member appointed by a speaker shall be four (4) years and each regular term of a commission member appointed by the governor shall be six (6) years. For purpose of calculating regular terms, each term shall begin on March 1 and shall expire on the last day of February.
- (4) No commission member shall serve consecutive terms. For the purposes of this subdivision (c)(4), a commission member shall be considered as having served a term if such member has served more than two (2) years of an initial term, regular term or unexpired term on the fish and wildlife commission.
- (5) A vacancy on the commission shall be filled by the appointing authority making the original appointment for the remainder of any unexpired term or, if a term has expired, for a regular term.
History (4)
- Acts 2012, ch. 993, § 1
- 2013, ch. 236, § 6
- 2023, ch. 120, § 1
- 2024, ch. 626, § 1.
§ 70-1-202. Compensation of members — Travel expenses. - (a) The members of the commission shall receive no compensation for their services as members of such commission, except that they shall be paid their actual and necessary traveling expenses for six (6) regular meetings each year and not more than six (6) called meetings during any one (1) year. They shall also be paid their actual and necessary travel expenses for attending to other commission business approved by the chair.
- (b) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
§ 70-1-203. Officers — Meetings — Ex officio members. - (a) The commission shall elect a chair, a vice chair and a secretary. The secretary may or may not be a member of the commission. These officers shall be elected for a period of one (1) year. After organization, the commission shall hold six (6) regular meetings and may hold as many as six (6) special meetings in any one (1) year at such times and places as the commission shall elect, for which their expenses shall be paid as provided in § 70-1-202.
- (b) Seven (7) members of the commission shall constitute a quorum.
- (c) The governor, the commissioner of environment and conservation and the commissioner of agriculture, or their designees, shall serve as ex officio, nonvoting members of the commission and shall not be included in calculation of a quorum.
§ 70-1-204. Appointments to commission. - (a) Appointments to be made by the governor shall be made from districts of the grand divisions of the state in which the vacancy occurred, and the boundaries of the nine (9) districts shall remain the same as the boundaries that were in effect on February 9, 1959.
- (b) Appointments to be made by the speaker of the senate and speaker of the house of representatives shall be made from the grand divisions of this state as described in title 4, chapter 1, part 2. No more than one (1) member appointed by the speaker of the senate shall be from the same grand division. No more than one (1) member appointed by the speaker of the house shall be from the same grand division. The speakers shall strive to ensure each grand division is represented in their appointments. No more than one (1) speaker appointed member shall be from any one (1) county.
- (c) All appointments shall be made from persons having or possessing the qualifications specified by § 70-1-201, which qualifications shall be determined by consultation with known and recognized leaders in the field of conservation in this state. At least one (1) person shall have or possess the qualifications specified by § 67-6-207(e), which qualifications shall be determined by consultation with known and recognized leaders in the field of agriculture in this state. The governor shall strive to ensure that the concerns of the typical hunter and angler are represented in appointments made to the commission.
§ 70-1-205. Removal of commission members. - (a) The governor may remove a governor-appointed commission member for inefficiency, neglect of duty, or misconduct in office, after first delivering to the commission member a copy of the charges and affording the commission member an opportunity of being publicly heard in person or by counsel to defend against the charges, upon not less than ten (10) business days' notice.
- (b) If such commission member is removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against the commission member and the governor's findings on the charges, together with a complete record of the proceedings.
- (c) The governor shall fill vacancies caused by removal in accordance with § 70-1-201(c)(5).
- (d) Any member of the commission who misses four (4) regular or special meetings of the commission during any year of the commission member's term of office ipso facto vacates the member's office as a member of the commission. Such vacancies shall be filled in accordance with § 70-1-201(c)(5). This subsection (d) shall not apply to ex officio members.
§ 70-1-206. Duties and functions. - (a) The fish and wildlife commission is directed and authorized to perform the following duties and functions:
- (1) Appoint and dismiss the executive director;
- (2) Approve the budget pursuant to § 70-1-306;
- (3) Promulgate necessary rules, regulations, and proclamations as required under this title and title 69, chapter 9. The commission is also authorized to promulgate rules and regulations to permit a licensed trapper to release small game animals in counties contiguous to the counties where the animals were trapped;
- (4) Establish objectives within the state policy that will enable the wildlife resources agency to develop, manage, and maintain sound programs of hunting, angling, trapping, and other wildlife-related outdoor recreational activities that have the primary purpose of utilizing such activities as the preferred method of wildlife management and conservation of game species within this state;
- (5) Establish the salary of the executive director of the wildlife resources agency;
- (6) Promulgate rules and regulations for the administration of the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1; and
- (7) Promulgate rules and regulations to adjust fees for licenses and permits in this title and to establish new hunting, fishing and trapping licenses and permits as deemed appropriate along with necessary fees. Adjusting or establishing fees shall be in such amounts as may be necessary to administer the wildlife laws; provided, that the percentage increase in total revenue from a license package containing one (1) or more licenses or permits, or both, shall not exceed the percent of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, on the first day of March 1990, or, in the case of any permit, license or permit/license package fee adjustment after the initial adjustment under this subdivision (a)(7), the difference in the average consumer price index, all items-city average between the dates of one (1) adjustment and any subsequent adjustment; provided further, however, that individual fee adjustment amounts may be rounded up to the next dollar amount. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the agency’s programs and responsibilities authorized pursuant to this chapter. Further, the commission shall report actions taken on permits, licenses, and fees to be assessed following the promulgation of the proposed rules and regulations to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives.
- (b) The fish and wildlife commission shall become knowledgeable in and familiar with the special needs of handicapped and disabled veterans.
History (3)
- Acts 2012, ch. 993, § 1
- 2013, ch. 236, § 7
- 2024, ch. 626, § 2.
§ 70-1-207. Corporate sponsorship on motor vehicles and vessels. - (a) The fish and wildlife commission is authorized to develop rules and regulations for corporate sponsorship on appropriate agency motor vehicles and vessels; provided, however, that no corporate sponsorship shall be placed on agency law enforcement motor vehicles or vessels. Such rules and regulations may include, but are not limited to, signage placement, safety concerns and prohibited practices.
- (b) Such commercial sponsorship shall not include, identify or promote:
- (1) Alcohol or tobacco products;
- (2) Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401;
- (3) Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in § 2-19-144; or
- (4) Any unlawful conduct or activities.
- (c) The department shall prefer sponsorship by organizations that are wildlife or boating related.
- (d)
- (1) The sponsorship message shall include only the name or logo of the sponsor or both.
- (2) The sponsorship message may only be located on the back of the vehicle or vessel.
- (3) The logo of the sponsor shall not exceed four hundred square inches (400 sq. in.) in size, and the lettering identifying the sponsor shall not exceed eight inches (8″) in height.
Part 3 Wildlife Resources Agency § 70-1-301. Creation — Statement of policy. - (a) There is hereby created a wildlife resources agency, which shall have full and exclusive jurisdiction of the duties and functions relating to wildlife formerly held by the game and fish commission or of any other law relating to the management, protection, propagation, and conservation of wildlife, including hunting and fishing, except those powers and duties conferred upon the fish and wildlife commission as provided in § 70-1-206.
- (b) It is the policy of the state that the agency shall be nonpartisan and shall place first and foremost the welfare of the wildlife and its environment in the agency's planning and decisions, and to encourage, by every appropriate means, the full development of the state's natural resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range management plan to integrate the wildlife resource agency's efforts and to implement and encourage full utilization of Tennessee's wildlife resources consistent with realistic conservation principles.
- (c) It is the policy of the state that the agency shall support and promote hunting, angling, and trapping, including the management of predators through hunting and trapping, as preferred methods of wildlife management and conservation.
History (5)
- Acts 1974, ch. 481, §§ 2, 4
- 1975, ch. 40, § 1
- T.C.A., § 51-123
- Acts 2012, ch. 993, § 13
- 2024, ch. 626, § 3.
§ 70-1-302. Duties and functions — Agency advertising. - (a) The wildlife resources agency is directed and authorized to perform the following duties and functions:
- (1) Make such expenditures from funds in the wildlife resources fund and the boating safety fund as it deems advisable subject to titles 9 and 12, and § 70-1-306(c)-(h);
- (2) Protect, propagate, increase, preserve and conserve the wildlife of this state, and enforce by proper action and proceedings, the existing laws of this state relating to wildlife;
- (3) Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the following purposes and develop, operate and maintain them for these purposes, subject to § 70-1-306(c)-(h):
- (A) Fish hatcheries and nursery ponds;
- (B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration, propagation, protection, management, or for access to such lands or waters;
- (C) Public hunting, fishing or trapping areas to provide places where the public may hunt, trap or fish in accordance with law or the regulations of the agency; and
- (D) The protection, preservation, and enhancement of Reelfoot Lake and the lands surrounding it;
- (4) Extend and consolidate by exchange lands or waters suitable for the purposes set out in subdivisions (a)(3)(A)-(D);
- (5) Capture, propagate, transport, buy, sell, or exchange any species of game, bird, fish, fur-bearing animal or other wildlife needed for propagation, enforcement or stocking purposes, or to exercise control measures of undesirable species;
- (6) Enter into cooperative arrangements with farmers and other landowners or lessees for the utilization of lands under their ownership or control for the purpose of protecting, propagating, conserving, restoring, taking or capturing of the wildlife of the state, under such rules and regulations as the agency may prescribe; and
- (7) Enter into cooperative agreements with educational institutions and state, federal, and other agencies to promote wildlife management and conservation.
- (b) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any state for the purpose of regulating fishing, hunting, or trapping in the area under jurisdiction of the federal agencies or the state or in interstate waters, as the case may be. Such regulations shall become effective as soon as they shall have been accepted by all parties to the agreement and as soon as thirty (30) days shall have elapsed from the first publication of such regulations. Agreements involving reciprocal actions relative to wildlife violations shall become effective thirty (30) days after publication in the same manner as is required for proclamations.
- (c) The wildlife resources agency may require creel census reports and reports of all fish taken under commercial fishing license and all mussels taken under commercial musseling license for any water or waters designated by it, such reports to be on forms provided by the executive director. This shall apply to license holders, wholesalers and others as required.
- (d) The wildlife resources agency shall administer the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1.
- (e) In order to further the public interest in the protection and preservation of wildlife and its habitat, the wildlife resources agency is authorized to participate in the federal wetlands mitigation banking program. Participation includes, but is not limited to, entering into agreements for agency or private development, construction and operation on lands that are affected by the program and that are owned, leased, or controlled in some manner through cooperative arrangement agreement or otherwise by the agency.
- (f) The agency may sell advertising in any magazine or other publication of the agency, under terms and conditions to be set by the agency. The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401. Any person or entity purchasing such advertising shall include an appropriate disclaimer, as determined by and subject to approval of the agency, to ensure that the appearance of such advertising in an agency publication does not constitute, directly or indirectly, any endorsement by the agency of any products, services, companies, organizations, or other matters referenced in the advertising.
- (g) The agency may sell the right to include advertising in mailings sent by the agency, including, but not limited to, licenses, under terms and conditions set by the agency; provided, that any advertisers must comply with the disclaimer requirements of subsection (f). The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401.
- (h)
- (1) The agency is authorized to enter into agreements with landowners or persons who control hunting access to lands to establish deer management assistance plans. The purpose of a plan is to permit a landowner, adjoining landowners, or persons who control hunting access on contiguous lands to achieve deer management goals on the contiguous land through management for the specific needs of deer that may at any point in time cross over the land. Harvests under a particular deer management plan may exceed the normal season harvest in accordance with the plan.
- (2) General guidelines for implementation of a deer management assistance program shall be developed by rule and regulation. In order to qualify under the program, the total combined contiguous acreage must meet or exceed one thousand (1,000) acres. Further, a deer management assistance permit must be purchased. Permit fees shall be established by rule and regulation. It is the intent in creating this program that it shall be revenue neutral to the agency and the state.
- (i) The agency is authorized to enter into agreements with the United States coast guard to enforce federal regulations in connection with homeland security related activities on Tennessee waters; however, all enforcement activities are subject to prior approval by the Tennessee office of homeland security.
- (j) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any public or private landowners in this state for the purpose of creating partnerships for the purpose of planting cover and food plots along utility easements for the benefit of indigenous wildlife.
- (k)
- (1) The wildlife resources agency is authorized to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency including, but not limited to, marketing opportunities.
- (2) This subsection (k) shall not be interpreted to abridge any powers or duties delegated to the agency in this part.
- (3) The nonprofit partners shall have their boards of directors elected by a process approved by the governor or the governor's designee.
- (4) The nonprofit partners shall be properly incorporated under the laws of this state, and approved by the internal revenue service as organizations that are exempt from federal income tax under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)).
- (5) Costs to underwrite the nonprofit partners' activities related to marketing opportunities shall be borne from revenues of the nonprofit partners and no state employee shall benefit from such proceeds. All proceeds in excess of the cost of operation shall be deposited exclusively into the wildlife resources fund as established in § 70-1-401 and shall not revert to the general fund.
- (6) The nonprofit partners shall annually submit to the governor, the speakers of the senate and the house of representatives, and the chair of the Tennessee fish and wildlife commission, within ninety (90) days after the end of their fiscal year, a complete and detailed report setting forth their operation and accomplishments.
- (7) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the nonprofit partner. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
- (8) All full board meetings of a nonprofit organization concerning activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open to the public, except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures.
- (9) All expenditures of a nonprofit organization relating to activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open for public inspection upon specific request to the nonprofit organization.
- (l) The agency shall administer Lake Halford pursuant to § 64-1-810.
- (m)
- (1) The agency may enter into license agreements for the operation of facilities on land under the control or supervision of the agency where such licenses are necessary, in the discretion of the executive director, for the improved utilization of state lands and facilities and deemed by the executive director to be in the public interest.
- (2) The facilities described in subdivision (m)(1) include:
- (A) Boat docks;
- (B) Marinas;
- (C) Camp sites;
- (D) Trailer camps;
- (E) Bait and retail stores; and
- (F) Snack bars or restaurants.
- (3) License agreements may only be entered into after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the facility is located.
History (17)
- Acts 1951, ch. 115, § 26 (Williams, § 5178.55)
- impl. am. Acts 1974, ch. 481, §§ 5-7
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), §§ 51-109, 51-124
- Acts 1984, ch. 548, § 3
- 1985, ch. 350, § 4
- 1990, ch. 891, §§ 1-3
- 1995, ch. 298, § 1
- 1999, ch. 227, § 1
- 2000, ch. 837, § 1
- 2002, ch. 566, § 1
- 2004, ch. 774, § 1
- 2008, ch. 859, § 1
- 2011, ch. 332, § 1
- 2012, ch. 993, § 13
- 2022, ch. 962, § 2
- 2024, ch. 1056, § 1.
§ 70-1-303. Executive director — Appointment — Qualifications — Salary. - (a) The office of executive director of the wildlife resources agency is hereby created. The executive director shall be appointed by the fish and wildlife commission and shall serve at the pleasure of the commission. In the selection of an executive director, preference should be given to candidates with a bachelor of science degree in wildlife management or a related field and who are familiar with wildlife management practices and the administration of wildlife programs.
- (b) The salary of the executive director shall be determined by the fish and wildlife commission. The salary of the executive director, once hired, shall not be reduced during that officer's tenure as executive director and shall not exceed the salary received by the commissioner of environment and conservation. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (6)
- Acts 1974, ch. 481, § 6
- 1976, ch. 806, § 1(83)
- 1978, ch. 509, § 1
- 1980, ch. 632, § 1
- T.C.A., § 51-125
- Acts 2012, ch. 993, § 13.
§ 70-1-304. Duties of executive director. - The executive director shall:
- (1) Be the head of the wildlife resources agency under the direction and supervision of the commission and shall have exclusive supervisory control of the agency;
- (2) Serve as recording secretary for the commission and shall be custodian of all minutes and all records of the commission;
- (3) At the proper time or times publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, the wildlife resources laws in pamphlet form, preferably in size convenient for the pocket, for general distribution and information; and
- (4) Perform such other duties as may be prescribed by the commission or by law, but shall have no authority to make rules or regulations other than those governing the conduct of the employees of the wildlife resources agency.
History (3)
- Acts 1974, ch. 481, §§ 7, 14
- T.C.A., §§ 51-126, 51-133
- Acts 1990, ch. 1024, § 35.
§ 70-1-305. Powers of executive director. - The executive director of the wildlife resources agency has the power to:
- (1) Enforce all laws relating to wildlife, and to go upon any property, outside of buildings, posted or otherwise, in the performance of the executive director's duties;
- (2) Execute all warrants and search warrants for the violation of the laws relating to wildlife;
- (3) Serve subpoenas issued for the examination, investigation and trial of all offenses against the law relating to wildlife;
- (4) Arrest without warrant any person found in the act of violating any of the provisions of this title;
- (5) Offer rewards or payments for information that may aid in the conviction of any offender violating any section, or sections, of this title or any other law relating to wildlife;
- (6)
- (A) Enforce any other law as directed by the general assembly;
- (B) In connection with this duty, in view of the vast expanse of isolated wildlife habitat extant throughout the state, and to facilitate the effective protection of public and private rights and property, particularly in, but not limited to, these isolated areas, the executive director shall, in addition to the authority otherwise conferred by law, be vested with authority to arrest, without warrant or process of any kind, any person committing or attempting to commit a criminal offense in violation of any of the laws of this state if the offense is committed on public lands, rights-of-way or waters under the agency's management or control through lease, cooperative agreement or otherwise;
- (7) Designate employees of the agency, officers of any other state or of the federal government who are full-time wildlife enforcement personnel, to perform the duties and have the powers as prescribed in this section except subdivision (9);
- (8) Arrest without warrant any person observed dumping or throwing litter or debris in the lakes, rivers, or on public property in the state;
- (9) Accept on behalf of the agency gifts of personal property upon such terms and conditions and for such uses and purposes as may be agreed by the donor of the personal property and the executive director;
- (10) Arrest without warrant any person who violates the prohibited uses of waters posted pursuant to § 69-3-107(15). The power granted pursuant to this subdivision (10) does not include the authority to investigate violations of the Water Quality Control Act, compiled in title 69, chapter 3, part 1;
- (11) Exercise the powers of the commissioner of environment and conservation, as provided in title 11, chapter 14, part 1, with respect to the administration of the Reelfoot Lake natural area; and
- (12) Suspend or reinstate a hunting, fishing or trapping privilege after affording proper due process, pursuant to the terms of any § 70-1-302 agreement involving reciprocal actions relative to wildlife violations.
History (10)
- Acts 1974, ch. 481, § 8
- 1975, ch. 43, § 1
- 1982, ch. 738, § 2
- 1982, ch. 917, § 2
- T.C.A., § 51-127
- Acts 1984, ch. 548, § 4
- 1990, ch. 696, § 1
- 1990, ch. 891, §§ 4, 5
- 1999, ch. 227, § 2
- 2017, ch. 148, § 2.
§ 70-1-306. Purchases and expenditures — Budget — Employment and compensation of personnel. - (a) The expenses incurred by the agency for any purpose or in consequence of this chapter shall be limited to the amount of money in the wildlife resources fund. In no event shall the state pay or be liable, in any manner, for the expenses of the agency, except to the extent of the wildlife resources fund, and the commissioner of finance and administration shall not issue any voucher or warrant for any services or expenses of any kind unless a sufficient amount remains to the credit of the wildlife resources fund.
- (b) Expenditures from the wildlife resources fund for the purchase of real property shall be made in the name of the state for the use and benefit of the wildlife resources agency and expenditures made for the purchase of personal property shall be made in the name of the wildlife resources agency. Upon disposal by sale of any property, both real and personal, proceeds derived from the sale shall be deposited in the wildlife resources fund.
- (c) The fish and wildlife commission shall approve the budget, including any amendments to the budget, for the administration of this title for each fiscal year.
- (d) All funds to the credit of the agency shall be drawn by the executive director of the wildlife resources agency by warrant upon the department of finance and administration and such warrant shall have attached to the warrant or contained in the warrant an itemized statement as to what the warrant covers.
- (e) All purchases and expenditures are subject to titles 9 and 12.
- (f) The agency shall not contract any indebtedness or obligations beyond the funds available to its use.
- (g) The executive director is further granted the power and authority to fix the compensation of all employees under the executive director's jurisdiction, and is authorized to hire and dismiss such personnel as the executive director deems necessary to carry out this title, subject to the approval of the department of human resources.
- (h) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (i) When conducting sales of timber harvested from agency property, the agency shall comply with all processes followed by the department of agriculture, division of forestry for those sales.
History (5)
- Acts 1974, ch. 481, §§ 10, 12
- 1976, ch. 806, § 1(83)
- T.C.A., §§ 51-129, 51-131
- Acts 2012, ch. 993, § 13
- 2022, ch. 798, § 1.
§ 70-1-307. Annual financial report. - (a) It is the duty of the executive director, on or before September 15 of each year, to prepare and present to the governor and each member of the fish and wildlife commission an annual report showing what has been expended by the agency during the year immediately preceding, the amount of moneys received and from what source and the amount expended and for what purposes.
- (b) The governor shall present copies of such reports as the governor may deem necessary to the next convening general assembly.
History (3)
- Acts 1974, ch. 481, § 13
- T.C.A., § 51-132
- Acts 2012, ch. 993, § 13.
§ 70-1-308. Political activity prohibited — Carrying of firearms authorized — Retention by retired personnel. - (a) No employee or officer of the agency shall take any active part in political management or in political campaigns, nor shall such employee or officer use official authority or influence for the purpose of interfering with an election or affecting the results of an election, or for the purpose of coercing the political action of any person or body.
- (b) It is lawful for the commissioned personnel of the wildlife resources agency, regularly employed by the agency, acting through its executive director, to wear or carry pistols or other firearms.
- (c) After twenty-five (25) years of honorable service by a commissioned employee, the wildlife resources agency shall authorize the employee, upon retirement, to retain such employee's service weapon in recognition of the employee's many years of good and faithful service. A commissioned employee who retires on disability retirement also may be authorized to retain that employee's service weapon.
History (5)
- Acts 1949, ch. 50, § 9
- C. Supp. 1950, § 5178.8 (Williams, § 5120.27)
- Acts 1974, ch. 481, §§ 11, 21
- Acts 1980, ch. 634, § 1
- T.C.A. (orig. ed.), §§ 51-112, 51-130, 51-142.
§ 70-1-309. Salary administration plan. - (a) The department of human resources and the Tennessee wildlife resources agency shall develop a salary administration plan for the agency's officers, biologists, and other positions unique to the agency. Notwithstanding any other law to the contrary, upon approval of the commissioners of finance and administration and human resources and the director of the Tennessee wildlife resources agency, such salary administration plan shall be implemented during the 1996-1997 fiscal year. Implementation of salary increases pursuant to such salary administration plan shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the salary administration plan shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
- (b) The salary increase provided by this section and suspended by subsection (a) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
History (4)
- Acts 1996, ch. 917, § 1
- 2003, ch. 355, § 50
- 2009, ch. 531, § 29
- 2017, ch. 461, § 10.
§ 70-1-310. Submission of fine in lieu of court appearance — Arrest or judgment of forfeiture possible. - (a) Whenever a person is issued a citation pursuant to § 40-7-118 for a misdemeanor violation of any provision of this title, title 69, chapter 9, or for any offense for which an arrest is authorized pursuant to this title, prior to the time set for the person to appear in court to answer the charge, the person cited may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of such offense within the county in which the offense charged is alleged to have been committed. The submission to fine shall not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a citation.
- (b) If the person cited has not paid the citation upon submission to fine as provided in subsection (a) and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for such person's arrest or may declare a judgment of forfeiture of the offense charged. The judgment of forfeiture shall in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided in § 40-24-105.
- (c) This section shall not be applicable to any person arrested for a violation of any provision of this title, title 69, chapter 9, or any offense for which an arrest is authorized pursuant to this title, which is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days. This section shall not supersede § 40-7-118, nor shall they require the use of a citation in lieu of continued custody of an arrested person in any of the circumstances specified in § 40-7-118(d).
§ 70-1-311. Qualifications for position of wildlife officer. - For purposes of qualifying for the position of wildlife officer with the wildlife resources agency, at least ten (10) years of full-time work experience in wildlife or fisheries management, wildlife biology, or other related work experience in this state or another state may be credited as equivalent to a bachelor's degree from an accredited college or university in wildlife or fisheries management, wildlife biology, or other related acceptable field. This section shall apply to any person who submitted an application for the position of wildlife officer prior to, or on or after, May 20, 2016.
History (1)
- Acts 2016, ch. 1084, § 1.
§ 70-1-312. Renewal of farming contracts for state owned land — Terms of renewal — Bidding not prohibited. - (a) If the wildlife resources agency contracts with a farmer to farm lands owned or under the control of this state under § 70-1-302(a)(6) or another law, not less than sixty (60) days before the expiration of the contract, the agency shall offer the farmer the opportunity to renegotiate the contract with the agency prior to accepting requests for proposals for the contract.
- (b) If the farmer and the agency agree to renew the contract, then the farmer may renew the contract for an additional three (3) five-year terms if the farmer and agency are able to agree to terms during each renewal period; provided, that, if the farmer has been under contract with the agency for twenty (20) or more consecutive years, upon the expiration of the next term of the contract, the farmer is not entitled to renegotiate the contract with the agency prior to the agency accepting requests for proposals for the contract.
- (c) Subsection (b) does not prohibit a farmer from bidding on a contract after being under contract with the agency for twenty (20) or more consecutive years.
Part 4 Wildlife Resources Fund § 70-1-401. Wildlife resources fund established. - (a) All moneys sent to the state treasury in payment of licenses, advertising, contraband, fines, penalties, and forfeitures arising from the wildlife resources laws of this state shall be set aside. This fund shall constitute a fund known as the “wildlife resources fund” for:
- (1) The payment of the wildlife resources agency's necessary and incidental expenses;
- (2) The payment of the salaries and traveling expenses of the director, office assistants, and other persons appointed or employed by the director;
- (3) The purchase of lands suitable for wildlife resources farms, reservations, wildlife management areas, fishing areas, access areas, fish hatcheries or rearing ponds;
- (4) The construction of suitable buildings, ponds, and propagation pens, and the purchase and propagation of wildlife, and other essentials necessary to restock the state or maintain wildlife resources farms, reservations, fisheries and hatcheries;
- (5) The promotion, advancement and efficient management of wildlife, including educational activities to that end; and
- (6) Any purpose of or in consequence of this title not otherwise provided for.
- (b) No part of the funds realized from the sale of licenses, advertising, from contrabands, fines, penalties, forfeitures, or from any privilege taxes levied under this title shall be used for any other purposes than those set out in subsection (a), nor shall any part of the wildlife resources fund be diverted to the general fund or any other public fund. Likewise, interest accruing on investments and deposits of the wildlife resources fund shall be returned to the fund and remain a part of it, and under no circumstances shall such interest be diverted to any other public fund.
History (4)
- Acts 1974, ch. 481, § 9
- 1979, ch. 286, § 1
- T.C.A., § 51-128
- Acts 2000, ch. 837, §§ 2, 3.
Part 5 Lifetime Sportsman Endowment Fund § 70-1-501. Lifetime sportsman endowment fund established. - The general assembly recognizes and reaffirms the importance of fostering appreciation among the citizens of this state for protecting and preserving for future generations the heritage of hunting and fishing in this state. Therefore, to aid in promoting access to, and participation in, licensed hunting and fishing in this state, there is created a fund known as the “lifetime sportsman endowment fund”. The lifetime sportsman endowment fund must be administered and funded in accordance with this part.
History (2)
- Acts 1998, ch. 610, § 2
- 2022, ch. 874, § 1.
§ 70-1-502. Irrevocable trust — Trustees — Powers of trustees. - (a) The lifetime sportsman endowment fund is an irrevocable trust for the exclusive benefit of lifetime sportsman license holders, as prescribed in a trust instrument approved by the trustees, to be administered by the state treasurer. The attorney general and reporter shall approve the terms of the trust instrument.
- (b)
- (1) The trustees of the trust are:
- (A) The commissioner of finance and administration or the commissioner's designee;
- (B) The state treasurer or the treasurer's designee; and
- (C) The executive director of the wildlife resources agency or the executive director's designee.
- (2) The state treasurer, or the treasurer's designee, shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
- (c) In addition to the powers granted by this part, the trustees have the powers necessary or convenient to carry out this part and the purposes and objectives of the trust, including, but not limited to, the following express powers:
- (1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 70-1-504(a);
- (2) To contract for the provision of all or any part of the services necessary for the management and operation of the trust;
- (3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; and
- (4) To prepare financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports must be prepared in accordance with the accounting standards of the governmental accounting standards board.
History (2)
- Acts 1998, ch. 610, § 2
- 2022, ch. 874, § 2.
§ 70-1-503. Funding — Assets. - The trust must be initially funded by a deposit of all of the assets held in the wildlife management endowment fund previously created in accordance with § 70-1-501 as such section existed prior to April 14, 2022. In addition to this initial funding, the lifetime sportsman endowment fund trust must consist of the following assets deposited to or accrued in the fund:
- (1) [Deleted by 2023 amendment.]
- (2) The proceeds from cash donations or donations of property converted or to be converted to cash;
- (3) Such other sources as may be deemed appropriate, including sources that may be specified by law; and
- (4) Income derived from fund investments.
History (4)
- Acts 1998, ch. 610, § 2
- 2015, ch. 196, § 2
- 2022, ch. 874, § 3
- 2023, ch. 303, § 1.
§ 70-1-504. Investment policy — Delegation of responsibility for investment and reinvestment of trust funds — Expenditures — Protection of assets, income, and distributions of trust. - (a) The trustees shall adopt, in writing, an investment policy or policies authorizing how assets in the trust may be invested. The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest; provided, that investments by the trust must be governed by the investment policies and guidelines adopted by the trustees in accordance with this part. The trustees shall delegate to the state treasurer the responsibility for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
- (b)
- (1)
- (A) The corpus of the trust shall not be expended for any purpose.
- (B) For purposes of this part, the corpus of the trust means:
- (i) The proceeds from the sale of lifetime sportsman licenses that occurred prior to April 28, 2023;
- (ii) The proceeds from cash donations or donations of property converted or to be converted to cash;
- (iii) Such other sources as may be deemed appropriate, including sources that may be specified by law; and
- (iv) The initial deposit of assets held in the wildlife management endowment fund previously created in accordance with § 70-1-501 as such section existed prior to April 14, 2022, less income existing at the time of the initial deposit.
- (2) The income received and accruing from the investments of the trust must be spent only for the exclusive benefit of lifetime sportsman license holders, as prescribed in the trust instrument, and to pay the reasonable expenses incurred in administering and investing the trust assets. Income from the trust means all earnings from the trust's investment portfolios from whatever source derived, including, but not limited to, interest, dividends, realized capital gains or losses, and any income previously applied to the corpus of the trust.
- (c) Notwithstanding any law to the contrary, all assets, income, and distributions of the trust must be protected against the claims of creditors of the state, plan administrators, and plan participants, and are not subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, and any assignment thereof is not enforceable in any court.
- (d) The funds transferred to the trust may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust. All or a portion of the trust may be invested, reinvested, and co-invested with other funds, not a part of the trust, held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to title 9, chapter 4, part 6. The state treasurer shall account for such trust funds in one (1) or more separate accounts in accordance with this section and other law.
- (e) The trust has the powers, privileges, and immunities of a corporation, and all of its business must be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.
History (3)
- Acts 1998, ch. 610, § 2
- 2022, ch. 874, § 4
- 2023, ch. 303, § 2.
§ 70-1-505. Annual financial reports — Audit. - The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust fund. The annual reports, books, accounts, and financial records of the trust fund are subject to audit by the comptroller of the treasury.
History (2)
- Acts 1998, ch. 610, § 2
- 2022, ch. 874, § 5.
§ 70-1-506. [Repealed]
History (2)
- Acts 1998, ch. 610, § 2
- repealed by Acts 2022, ch. 874, § 6, effective April 14, 2022.
Chapter 2 Licenses and Permits Part 1 General Provisions § 70-2-101. Taking wildlife without license — Migratory waterfowl stamps — Licenses nontransferable — Revocation or suspension — Penalties. - (a) It is unlawful for any person in this state to hunt, chase, trap, kill or take any form of wildlife in the open season, unless the person so hunting, chasing, trapping, killing or taking, or attempting to take, such wild animals, wild birds, wild fowl, or fish at the time possesses the requisite license prescribed by this chapter, such license, of proper color and design, to be on the person of the licensee while hunting, chasing, trapping or fishing.
- (b) A valid federal migratory waterfowl stamp must be possessed while hunting migratory waterfowl by any person over sixteen (16) years of age, which stamp shall be cancelled in ink by the signature of the hunting licensee.
- (c) No license or permit, required and issued under this chapter, may be loaned or transferred to any other person, firm or corporation.
- (d)
- (1)
- (A) Upon conviction for any offense against this title, any rule or regulation promulgated pursuant to this title, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted.
- (B) Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
- (2) Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one (1) year to be fixed by the court.
- (e) Any violation of this section is a Class C misdemeanor and punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Any person who violates the revocation order of the court may be fined not less than twenty-five dollars ($25.00) and may be confined in the county jail or workhouse not less than ten (10) days nor more than eleven (11) months and twenty-nine (29) days, it being mandatory upon the court to impose the prison sentence, and the minimum time may not be subject to suspension.
History (9)
- Acts 1951, ch. 115, §§ 12, 16
- 1953, ch. 255, § 2 (Williams, §§ 5178.41, 5178.45)
- Acts 1955, ch. 152, § 6
- 1974, ch. 481, § 21
- 1980, ch. 736, §§ 1, 2
- T.C.A. (orig. ed.), § 51-201
- Acts 1987, ch. 24, § 1
- 1990, ch. 891, § 6
- 2012, ch. 993, § 13.
§ 70-2-102. Licensing requirement — Penalty. - (a) Every person shall, before hunting, fishing, or trapping, as the case may be, in this state, possess a license in accordance with the schedules in this title, except as otherwise provided in this chapter.
- (b) A violation of this section is a Class C misdemeanor.
History (6)
- Acts 1951, ch. 115, § 10 (Williams, § 5178.39)
- modified
- Acts 1961, ch. 198, § 1
- 1981, ch. 83, § 4
- T.C.A. (orig. ed.), § 51-202
- Acts 1990, ch. 981, § 5.
§ 70-2-103. Exception to licensing requirement — Military personnel on furlough. - (a) Any member of the armed forces or services while on furlough or other temporary military leave of absence has the right to hunt and fish in this state during the appropriate seasons for hunting and fishing as fixed by law, without the necessity of procuring a license.
- (b) In order for any person to hunt and fish without the required license, the person shall have in that person's possession at all times a copy of that person's furlough papers or other military orders showing that such person is officially on leave of absence from the military service. Such military papers or orders are subject to examination and inspection by duly constituted officers of the wildlife resources agency at all times.
History (4)
- Acts 1953, ch. 253, §§ 1, 2 (Williams, § 5178.39a)
- 1959, ch. 145, § 4
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-205.
§ 70-2-104. Persons entitled to license without fee or at reduced fee — Designation of assistant — Penalty for false information — Imposition of fee. - (a) The wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue a:
- (1) Sport fishing license without the payment of a license fee to those residents of Tennessee who are certified to be blind, having a visual acuity, with maximum correction, not exceeding 20/200 in the better eye or having a visual acuity exceeding 20/200 but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°). The director shall accept as evidence, for the purposes of this title, a certificate from the department of human services or from a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye, or a licensed, registered optometrist, certifying that such person meets the requirements of this section with reference to the degree of blindness as defined in this subdivision (a)(1);
- (2) Sport fishing and hunting license without the payment of a fee to residents of Tennessee who by reason of service in any war are thirty percent (30%) or more disabled. The director shall accept as evidence of service-connected disability for the purposes of this section a certification from the veterans' administration;
- (3)
- (A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in § 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once;
- (B) As used in this subdivision (a)(3), unless the context otherwise requires:
- (i) “Accompanied” means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device;
- (ii) “Persons with intellectual disabilities” means persons who possess an intellectual disability, as defined by § 33-1-101;
- (C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and
- (4)
- (A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of this state who are permanently restricted to wheelchairs or who have suffered an amputation of seventy-five percent (75%) or more of a lower limb. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair or having suffered an amputation of seventy-five percent (75%) or more of a lower limb; or
- (B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration.
- (b)
- (1) The fish and wildlife commission shall by proclamation designate one (1) week of each year when any person who receives social security benefits due to intellectual disability may engage in all forms of sport fishing, and all sport fishing license requirements shall be suspended during such week for such persons. The agency may accept as evidence for purposes of this section a certificate from the social security administration or any other evidence acceptable to the executive director.
- (2) A resident of Tennessee who receives social security benefits due to intellectual disability is entitled to the privilege of sport fishing upon presentation of evidence of such disability satisfactory to the agency. Such resident shall be issued a permanent license for sport fishing.
- (c) The giving of false information as to name, age, degree of blindness, percentage of disability, permanent restriction to a wheelchair, address, residence or nonresidence by any applicant for any license provided for in this chapter, or altering any license or permit or any application for any license or permit, is a Class C misdemeanor.
- (d)
- (1) The license fee discounts and exemptions provided in subsections (a) and (b) shall apply to qualified residents of Tennessee who apply for such discounts or exemptions prior to May 24, 2000.
- (2) For qualified residents of Tennessee who have not applied for such discounts or exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar fee for such license; provided, that such fee shall not apply to the exemption granted in subdivision (b)(1).
- (3) Any qualified resident of Tennessee who has applied for such discount or exemption prior to May 24, 2000, may nevertheless make a voluntary payment of the one-time ten-dollar fee and upon making such payment shall be issued a license in accordance with this section.
- (e)
- (1) This subsection (e) shall be known and may be cited as the “Hunter Wright Hunting and Fishing Act.”
- (2) Notwithstanding this section to the contrary, the wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue an annual sport combination hunting and fishing license upon payment of a five-dollar fee to residents who are under eighteen (18) years of age and who are disabled.
- (3) As used in this subsection (e), “disabled” means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that is certified by a licensed physician. This means that the condition must be both totally and permanently disabling. The director shall accept as evidence for the purposes of this subsection (e) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this subsection (e) with reference to being disabled.
- (4) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, to specifically denote on the license that the person is disabled.
- (f)
- (1)
- (A) The agency shall be reimbursed for lost revenue resulting from the issuance of free or partially discounted combination hunting and fishing licenses created by statute on or after January 1, 2017, in an amount equal to the discounts received.
- (B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions to licensure requirements created by statute on or after January 1, 2017, in an amount equal to the amount of lost revenue from such exemptions.
- (2)
- (A) The agency shall maintain an accounting of lost revenue, as described in subdivision (f)(1), and shall submit the accounting to the department of finance and administration for the payment of moneys in an amount equal to such lost revenue out of the general fund on or before June 30 of each fiscal year.
- (B) Within thirty (30) days of the receipt of the accounting from the agency, the department of finance and administration must pay the actual amount of lost revenue for the fiscal year into the wildlife resources fund established in § 70-1-401.
- (C) The accounting maintained pursuant to subdivision (f)(2)(A) and any other records relating to the accounting shall be subject to audit by the comptroller of the treasury.
- (3) Any reimbursement to the agency for lost revenue pursuant to subdivision (f)(1)(A) shall be made from the general fund, subject to an appropriation by the general assembly in the annual general appropriations act.
- (g) A person may assist a resident of this state who obtains a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), without the necessity of procuring a license, if:
- (1) The person who qualifies for a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), completes and retains a form that designates one (1) person as an assistant and identifies the assistant by driver license number or by some other unique identifying number that appears on a form of identification issued to the assistant by a governmental entity. A person may only designate one (1) person as an assistant for hunting or fishing purposes each calendar year, except in the case of the death of the designated assistant. The agency shall develop a form that may be used to satisfy the requirements of this subdivision (g)(1), and make the form available to the public on the agency's website;
- (2) The person providing assistance is not hunting or fishing on the person's own behalf. No extra bag limit or creel limit is permitted for an assistant who is not licensed to hunt or fish in this state, as applicable; and
- (3) The assistant does not possess:
- (A) A fishing pole, unless the assistant has a valid license to fish in this state;
- (B) A firearm, unless the assistant has a valid license to hunt in this state, a concealed handgun carry permit, or an enhanced handgun carry permit; or
- (C) Any weapon other than a firearm that the agency has authorized by proclamation to be used for the taking of game, unless the assistant has a valid license to hunt in this state.
History (22)
- Acts 1951, ch. 115, § 10 (Williams, § 5178.39)
- 1955, ch. 62, § 1
- impl. am. Acts 1974, ch. 481, §§ 16-21
- impl. am. Acts 1975, ch. 219, § 1
- Acts 1976, ch. 682, § 2
- impl. am. Acts 1978, ch. 934, §§ 22, 36
- Acts 1982, ch. 738, § 3
- T.C.A. (orig. ed.), §§ 51-208, 51-209
- Acts 1989, ch. 309, § 1
- 1990, ch. 981, § 4
- 1993, ch. 54, §§ 1, 2
- 1995, ch. 147, §§ 1, 2
- 1998, ch. 603, § 1
- 2000, ch. 837, § 4
- 2004, ch. 829, § 1
- 2011, ch. 197, § 1
- 2012, ch. 713, §§ 1, 2
- 2012, ch. 954, § 1
- 2012, ch. 993, § 13
- 2017, ch. 330, § 1
- 2020, ch. 737, § 1
- 2021, ch. 385, § 1.
§ 70-2-105. Preparation and distribution of license forms to county clerk or other agent — Maintenance and remittance of funds. - (a) The executive director shall prepare and deliver to each county clerk or other agent authorized to issue and sell licenses, tags, registrations and other privileges as described in § 70-2-106, as many blank forms as may be required.
- (b) Each county clerk or authorized agent shall maintain all funds collected on behalf of the agency in a checking account available for electronic transfer within twenty-four (24) hours.
- (c) Any agent failing to make the required remittance available as required in this section shall be deemed delinquent and shall pay a penalty of five percent (5%) on all funds that were owed and that were not remitted or paid over within the time prescribed by this section. In addition, such agent, in the discretion of the executive director, may forfeit the privilege to sell any future licenses, tags, registrations and other privileges as described in § 70-2-106.
History (9)
- Acts 1951, ch. 115, § 8 (Williams, § 5178.37)
- 1957, ch. 323, §§ 3, 4
- 1959, ch. 64, § 2
- 1961, ch. 198, § 4
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- impl. am. Acts 1978, ch. 934, §§ 22, 36
- Acts 1979, ch. 243, §§ 1, 2
- T.C.A. (orig. ed.), § 51-227
- Acts 1999, ch. 102, § 1.
§ 70-2-106. Agents for issuance and sale of licenses, permits, stamps, tags, or privileges — Bond — Fees of items — Fees of agents — Conservation stamps. - (a)
- (1) All hunting and fishing licenses, other licenses, permits, tags, registrations or privileges as specified by the agency and provided for in this title or in title 69, chapter 9, may be issued and sold by the county clerk of each county, or by any other person, firm or corporation designated and appointed by the executive director.
- (2) Any appointed agent, before being furnished with items to sell, may be required to execute a bond in such sum as the executive director shall require, with some solvent surety company qualified to do business in the state, as surety on sums due, conditioned to faithfully perform the duties imposed upon such appointed agent and to faithfully account for and promptly pay over to the executive director any and all sums due to the wildlife resources agency.
- (b)
- (1) The county clerk of each county or any other person, firm or corporation designated and appointed by the executive director as such agent is entitled to collect from the purchaser of all licenses, permits, stamps, tags, registrations or other privileges sold, as specified by the agency, a flat fee of one dollar ($1.00) on any one (1) annual license, permit, stamp, tag, registration or other privilege sold, as specified by the agency, and fifty cents (50¢) on any one (1) license, permit, stamp, tag, registration and other privilege, as specified by the agency, which is valid for a specified day or number of days. Alternatively, the executive director is authorized to establish an agent fee, through competitive bidding contract procedures, for the successful bidder to sell licenses, permits, stamps, tags, registrations and other privileges as specified by the agency, over the telephone or through other electronic means.
- (2) The executive director, the county clerk of each county, and the agents designated and appointed by the executive director as such agents for the sale of licenses, shall offer for sale conservation stamps, including, but not limited to, full-color waterfowl stamps for a cost of ten dollars ($10.00) each. Any revenues from such stamps over and above the cost of producing and distributing the stamps shall go into habitat improvement. Possession of a stamp is voluntary and is not required in order to hunt, fish or trap.
- (3) The general assembly shall review and reauthorize the conservation stamp program after it has been in operation for three (3) years.
History (16)
- Acts 1951, ch. 115, § 9 (Williams, § 5178.38)
- 1955, ch. 152, § 8
- 1957, ch. 221, § 2
- 1969, ch. 84, § 1
- 1973, ch. 328, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1975, ch. 282, § 1
- impl. am. Acts 1978, ch. 934, §§ 22, 36
- Acts 1981, ch. 359, § 1
- T.C.A. (orig. ed.), § 51-228
- Acts 1985, ch. 350, § 10
- 1989, ch. 18, § 1
- 1989, ch. 486, § 1
- 1998, ch. 1023, §§ 1, 2
- 1999, ch. 102, §§ 2-4.
§ 70-2-107. Date of issuance of license or permit — Annual sport licenses — Establishment of annual license system. - (a)
- (1) Licenses and permits required under this and any other law relating to wildlife must be dated on the true date of issue. All annual sport licenses must be issued for the year beginning March 1 and ending the last day of February of the following year, both inclusive.
- (2) Notwithstanding subdivision (a)(1), the fish and wildlife commission is authorized to promulgate rules to abolish license years and establish an annual license system.
- (b) In addition to the annual licenses authorized by subsection (a), the agency is authorized to issue any hunting, fishing, or trapping license for periods exceeding one (1) year.
History (9)
- Acts 1951, ch. 115, § 13
- 1953, ch. 255, §§ 1, 2 (Williams, §§ 5178.42, 5178.45)
- 1957, ch. 323, §§ 5, 6
- 1979, ch. 243, § 3
- T.C.A. (orig. ed.), § 51-229
- Acts 1990, ch. 981, § 4
- 1999, ch. 102, § 5
- 2005, ch. 360, § 1
- 2021, ch. 270, § 1.
§ 70-2-108. Hunter education course. - (a)
- (1) Every person born on or after January 1, 1969, before hunting, shall possess, in addition to all other licenses and permits required, proof of satisfactory completion of an agency approved hunter education course, except this provision shall not apply to persons under ten (10) years of age accompanied by an adult at least twenty-one (21) years of age.
- (2)
- (A) The commission is authorized to promulgate rules to create a permit for a fee exempting persons from the hunter education requirements of this section for a twelve-month period, as long as the person possesses all other licenses and permits required, and, if ten (10) years of age or older, the person must be accompanied by a licensed adult at least twenty-one (21) years of age or older, who is hunter-education-certified or otherwise exempt by law.
- (B) Effective July 1, 2015, a person who meets the requirements of subdivision (a)(2)(A) may purchase the permit annually for up to three (3) consecutive years.
- (3) For the purpose of this section, “accompanied” is defined as being able to take immediate control of the hunting device.
- (b) The state board of education is encouraged to develop a section related to hunter education as a part of its safety education curriculum.
- (c) This section shall not apply to persons hunting or fishing within the guidelines of § 70-2-204.
- (d) As punishment, any person violating this section shall have all hunting privileges suspended and the person's license shall be taken by the arresting officer. Submission of proof of satisfactory completion of an agency approved hunter education course shall entitle a person to the return of that person's license and the restoration of hunting privileges.
History (5)
- Acts 1983, ch. 452, §§ 1, 2
- 1990, ch. 891, § 7
- 2006, ch. 852, § 1
- 2008, ch. 1061, § 1
- 2015, ch. 417, § 1.
§ 70-2-109. Free Sport Fishing Day. - The fish and wildlife commission may designate by proclamation one (1) day each year as “free sport fishing day” and all sport fishing license requirements as designated by proclamation for that day shall be suspended.
History (2)
- Acts 1990, ch. 615, § 1
- 2012, ch. 993, § 13.
§ 70-2-110. Free hunting day for persons with disabilities. - The fish and wildlife commission shall authorize persons with disabilities one (1) day each year to hunt in a wildlife resources agency sponsored hunt, and all hunting license requirements for such persons for that day and purpose shall be suspended. For the purposes of this section, persons with disabilities shall be those people entitled to receive placards as provided in title 55, chapter 21, part 1.
History (3)
- Acts 2005, ch. 88, § 1
- 2011, ch. 47, § 95
- 2012, ch. 993, § 13.
Part 2 Miscellaneous Licenses and Permits § 70-2-201. No license required for residents who are 65 years of age or older prior to March 1, 1991 — Junior hunting, fishing and trapping license — Sportsman license — Combination hunting and fishing license — Lifetime sportsman license. - (a) [Deleted by 2021 amendment.]
- (b) [Deleted by 2021 amendment.]
- (c)
- (1) Residents of Tennessee who are sixty-five (65) years of age or older prior to March 1, 1991, are entitled to the privileges of sport fishing, hunting and trapping without possessing any license.
- (2) [Deleted by 2021 amendment.]
- (d) Any resident of Tennessee between thirteen (13) and fifteen (15) years of age, inclusive, may purchase the junior hunting, fishing and trapping license. Such license shall entitle the individual to the privileges of sport fishing, trapping and hunting without the requirement of possessing any other license or supplemental license as provided in subsection (a). Any resident under thirteen (13) years of age shall be exempt from the licensing requirements of subsection (a). Residents between thirteen (13) and fifteen (15) years of age, inclusive, are entitled to fish without a license during one (1) week of the year, commencing with free sport fishing day as proclaimed by the fish and wildlife commission.
- (e) A sportsman license is valid for hunting, trapping and sport fishing without the necessity of any supplemental license. Additionally, a holder of a valid sportsman license is not required to possess the following agency permits: agency lake permits; Tellico-Citico trout permits; Lake Graham annual permits; small game permits; combination waterfowl and small game permits; nonquota big game, including Cherokee, permits; Reelfoot preservation permits; and premiere tourist resort city trout fishing permits. The holder may also participate in all quota hunt drawings without payment of the drawing fee, and if drawn, will be issued a quota hunt permit at no charge. Furthermore, for as long as Tennessee Wildlife is published, the executive director shall have the discretion to provide a subscription to a sportsman license holder at no cost.
- (f) A combination hunting and fishing license is valid for the taking of all species of game and fish; provided, that those persons sixteen (16) years of age and over desiring to hunt big game, waterfowl, or to take trout, must, in addition to the appropriate hunting or fishing licenses, or both, possess the appropriate supplemental license as provided in subsection (a).
- (g)
- (1) There is hereby created a lifetime sportsman license, which shall entitle a resident of Tennessee, as defined in subdivision (g)(2), to the same privileges and benefits as provided to an annual sportsman license holder. A lifetime sportsman license remains valid throughout the life of the license holder even though the person may become a nonresident.
- (2) In order to qualify for a lifetime sportsman license, a person must have been a resident of the state for twelve (12) consecutive months immediately preceding purchase of the license. A child under the age of one (1) year qualifies, no matter where the child is born, if one (1) or more of the child's parents or the child's legally designated guardian has been a resident of the state for twelve (12) consecutive months immediately preceding purchase of the license.
- (3)
- (A) [Deleted by 2021 amendment.]
- (B) The fees are automatically adjusted to reflect the same percentage increase as the annual sportsman license. No fees may be decreased as part of the automatic adjustment.
- (h)
- (1) There is created a lifetime sportsman license for adopted children who reside in this state, which entitles such child's legally designated guardian to apply for the license on the child's behalf within thirty-six (36) months immediately following the date of the child's adoption. The child must be under thirteen (13) years of age on the date of application for the license and upon receipt of the license is entitled to the same privileges and benefits as provided to an annual sportsman license holder. A lifetime sportsman license for adopted children remains valid throughout the life of the license holder even if the person becomes a nonresident. The child is to be issued the lifetime sportsman license upon payment of the fee created under subdivision (h)(2) and presentation of proof of age and residency, satisfactory to the agency. This subsection (h) does not prevent issuance of a lifetime sportsman license to an adopted child who meets the qualifications in subsection (g).
- (2) The commission shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to create a one-time-only fee to cover the costs of implementing subdivision (h)(1).
History (42)
- Acts 1951, ch. 115, § 10 (Williams, § 5178.39)
- Acts 1955, ch. 152, §§ 2-4
- 1957, ch. 221, § 1
- 1959, ch. 173, § 1
- 1961, ch. 196, § 1
- 1961, ch. 197, § 1
- 1965, ch. 106, §§ 1, 2
- 1965, ch. 140, § 1
- 1965, ch. 249, § 1
- 1965, ch. 338, § 1
- 1967, ch. 154, § 1
- 1967, ch. 314, § 1
- 1969, ch. 222, § 1
- 1970, ch. 406, § 1
- 1972, ch. 650, § 1
- 1972, ch. 819, § 1
- 1972, ch. 820, § 1
- 1974, ch. 481, § 21
- 1975, ch. 241, § 1
- 1976, ch. 624, § 1
- 1976, ch. 627, § 1
- 1976, ch. 682, § 1
- 1978, ch. 783, § 1
- impl. am. Acts 1978, ch. 934, §§ 22, 36
- Acts 1979, ch. 180, § 1
- 1981, ch. 83, § 5
- 1981, ch. 514, § 1
- T.C.A. (orig. ed.), § 51-203
- Acts 1983, ch. 285, § 2
- 1985, ch. 350, § 8
- 1989, ch. 486, §§ 2-4
- 1990, ch. 987, §§ 1, 2
- 1993, ch. 204, § 1
- 1998, ch. 610, § 1
- 2001, ch. 376, §§ 1, 2
- 2003, ch. 319, § 1
- 2003, ch. 360, § 1
- 2004, ch. 503, § 1
- 2012, ch. 993, § 13
- 2020, ch. 807, §§ 1, 2
- 2021, ch. 241, § 1
- 2021, ch. 270, § 2.
§ 70-2-202. Nonresident license fees and requirements. - (a) Every nonresident shall pay the fee established by rule promulgated by the commission to be able to hunt, fish, or trap in this state.
- (b) Every nonresident shall provide the correct information specified on all licenses and permits and in the manner required by the agency.
- (c) Any nonresident between thirteen (13) years of age and fifteen (15) years of age, inclusive, may purchase a junior hunting and fishing license. Such license entitles the individual to the privilege of sport fishing and small game and waterfowl hunting. Any nonresident under thirteen (13) years of age is exempt from the licensing requirements of subsection (a).
History (8)
- Acts 1981, ch. 83, §§ 1-3
- 1982, ch. 699, §§ 1, 2
- T.C.A., § 51-204
- Acts 1985, ch. 101, § 1
- 1985, ch. 249, § 1
- 1989, ch. 486, §§ 5, 6
- 1992, ch. 616, § 1
- 2023, ch. 61, § 1.
§ 70-2-203. Fishing in county or city of residence — When license required — Penalty. - (a) A resident of Tennessee may fish in the waters of such person's county of legal residence by use of a hook and line or a single trotline with not more than fifty (50) hooks, and natural or cut bait if such person possesses a county of residence fishing license. Additionally, possession of this license permits a person who resides in a city that lies in two (2) or more counties to fish in all of the waters of that city, including those waters in the city lying outside of the person's county of legal residence.
- (b) Other appropriate license is required:
- (1) To fish within one's county of legal residence, for residents who do not qualify for a county of residence fishing license under subsection (a) or who qualify but who choose to purchase any other appropriate license;
- (2) To fish outside one's county of legal residence unless such person qualifies under the exception contained in subsection (a);
- (3) If minnows or artificial lures are used;
- (4) If one fishes in a state lake or state-owned or operated wildlife management area; or
- (5) To fish for or take trout.
- (c) A violation of this section is a Class C misdemeanor.
History (7)
- Acts 1951, ch. 115, § 15
- 1953, ch. 255, § 2 (Williams, §§ 5178.44, 5178.45)
- impl. am. Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-206
- Acts 1989, ch. 486, § 7
- 1990, ch. 981, § 4
- 1996, ch. 824, §§ 1, 2.
§ 70-2-204. Hunting and fishing on farmland — License exemption to owners, tenants, and specified spouses and relatives — Proof of compliance. - (a)
- (1)
- (A) The owners and tenants of farmlands, and their spouses and children, have the right to engage in the sport of hunting and fishing, subject to 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, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license.
- (B) The grandchildren and great-grandchildren under sixteen (16) years of age of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which 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.
- (C) The spouses of the children of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their mother-in-law or father-in-law is the bona fide owner, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license.
- (D) Tenants and their spouses and their dependent children must be bona fide residents of this state and must actually reside on the land.
- (E) Owners and their spouses, children, spouses of children, qualified grandchildren, and qualified great-grandchildren must be bona fide residents of this state.
- (F) 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 this subsection (a).
- (2) “Family” means any combination of kinship within the third degree, including any spouse who has an interest in the property.
- (3) “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.
History (10)
- 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
- 2020, ch. 746, § 1.
§ 70-2-205. Commercial fishing and musseling. [See the Compiler's Notes.] - (a) Any person, firm or corporation, before engaging in the business of a commercial fisher or commercial musseler, as defined under subsection (b), shall have in possession the requisite license prescribed in this section.
- (b)
- (1) A “commercial fisher” is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1).
- (2) A “commercial musseler” is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange.
- (3) “Person” includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations.
- (c) [Deleted by 2021 amendment.]
- (d) A commercial helper's license may be issued without limit as to numbers to any commercial fisher upon paying for each license the appropriate fee required for a commercial fisher. A “commercial helper” is any person who assists a commercial fisher in handling fishing gear, operation of motors or any other act of assistance to the commercial fisher while in the vessel with the commercial fisher. Each commercial fisher must have in personal possession a commercial helper's license for each helper on board the vessel at any time.
- (e)
- (1) Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law.
- (2) In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses.
- (f) This section does not apply to a resident of Tennessee who is seventy (70) or more years of age, and such person is not required to purchase any license required by this section in order to carry on the businesses enumerated in subsection (b).
- (g) Nonresidents residing in states that do not permit the sale of nonresident licenses to residents of Tennessee are prohibited from engaging in the business of a “commercial fisher” or “commercial musseler” in Tennessee.
History (18)
- Acts 1951, ch. 115, § 11
- 1953, ch. 26, § 1 (Williams, § 5178.40)
- Acts 1955, ch. 225, § 1
- 1957, ch. 323, § 1
- 1957, ch. 382, § 1
- 1965, ch. 323, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1975, ch. 241, § 3
- 1979, ch. 409, § 1
- 1980, ch. 565, § 1
- 1982, ch. 738, § 4
- T.C.A. (orig. ed.), § 51-211
- Acts 1983, ch. 385, § 1
- 1989, ch. 486, § 8
- 1990, ch. 891, § 8
- 1994, ch. 727, § 5
- 2000, ch. 905, §§ 1, 2
- 2021, ch. 270, § 3.
§ 70-2-206. Wholesale fish and mussel dealers — Definitions — License requirements. [See the Compiler's Notes.] - (a) Before any person, firm or corporation engages in the business of a wholesale fish dealer or a wholesale mussel dealer, as defined in this section, such person, firm or corporation shall possess the appropriate license.
- (b)
- (1) “Person” includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations, or corporations;
- (2) “Places of business,” as used in this title, includes the place where orders for aquatic products are received, or where aquatic products are purchased or sold;
- (3) “Wholesale fish dealer” means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing; or any person in the business of buying from a wholesale fish dealer for the purpose of selling or handling for shipment or sale. Excluded from this definition are restaurants, hotels, grocery stores, retail fish markets, and other businesses that do not buy directly from a commercial fisher and that sell directly to the general public. Each separate place of business shall require a separate license; and
- (4) “Wholesale mussel dealer” means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers.
- (c) [Deleted by 2021 amendment.]
History (11)
- Acts 1937, ch. 84, § 14
- 1941, ch. 127, § 2
- mod. C. Supp. 1950, § 5178.22 (Williams, § 5176.14b)
- Acts 1965, ch. 334, § 27
- 1974, ch. 481, § 21
- 1982, ch. 700, §§ 1, 2
- T.C.A. (orig. ed.), § 51-213
- Acts 1989, ch. 486, § 9
- 1990, ch. 891, § 9
- 2000, ch. 644, §§ 1, 2
- 2021, ch. 270, § 4.
§ 70-2-208. Fur dealers — License requirements — Regulation of pelts — Penalties. [See the Compiler's Notes.] - (a) A fur dealer is any person who, either directly or through another person, engages in the business of buying and selling the pelts or hides of fur-bearing mammals from hunters, trappers, or other fur dealers.
- (b) [Deleted by 2021 amendment.]
- (c) Any person, before engaging in the business of buying and selling the pelts or hides of fur-bearing mammals, shall possess the appropriate dealer's license; provided, that a furrier may engage in the business of buying and selling the pelts or hides of fur bearing mammals without possessing or being required to possess a fur dealer's license. Such pelts or hides may be purchased by the furrier from fur dealers.
- (d) Each dealer must file with the agency, periodically, as directed by the executive director, a complete report, on forms provided by the agency, of the activity of the previous reporting period. The report must be completed in its entirety and the dealer must, by signature, certify as to its accuracy.
- (e) The commission is authorized to adopt rules and regulations governing the tagging of all pelts or hides of fur-bearing mammals taken.
- (f) Each dealer must permit wildlife officers to inspect the inventory of pelts or hides and any records.
- (g) Any person violating this section commits a Class C misdemeanor. Upon conviction of a second or subsequent offense within a twelve-month period, the person's license shall be revoked for a period of one (1) year. In addition, any person found guilty of engaging in business as defined in subsection (a) without the necessary licenses shall be sentenced to the county jail or workhouse, which sentence may be suspended if such person shall show to the court that the appropriate licenses have been subsequently purchased.
- (h) When used in this section, “person” includes any resident or nonresident individual, association, partnership, corporation or other legal entity including any individual or entity operating in any capacity on behalf of such individual, association, partnership, corporation or other legal entity.
History (12)
- Acts 1951, ch. 115, § 50 (Williams, § 5178.79)
- Acts 1981, ch. 362, § 1
- 1982, ch. 738, § 6
- T.C.A. (orig. ed.), § 51-216
- Acts 1983, ch. 385, § 2
- 1984, ch. 792, §§ 1-3
- 1989, ch. 486, § 11
- 1989, ch. 591, § 113
- 1990, ch. 891, §§ 10, 11
- 1993, ch. 129, § 1
- 1999, ch. 258, § 1
- 2021, ch. 270, § 5.
§ 70-2-209. Unlicensed possession and traffic in hides or pelts— Penalty. - (a) It is unlawful for any person, firm or corporation to purchase, receive for sale or have in its possession for commercial purposes any green hides, raw furs or pelts of wild animals without first procuring a license, except as provided in § 70-2-208.
- (b) Any violation of this section is a Class A misdemeanor.
History (4)
- Acts 1951, ch. 115, § 49 (Williams, § 5178.78)
- T.C.A. (orig. ed.), § 51-219
- Acts 1989, ch. 591, §§ 1, 6
- 1993, ch. 129, § 2.
§ 70-2-212. Stocking of wildlife — Inspections — Charges. - (a) Stocking of wildlife is declared to be a prerogative of the state. All persons desiring to stock wildlife shall first obtain a permit from the executive director. Such a permit will be issued free of charge. Applications for fish from the United States fish and wildlife service, when approved by the wildlife resources agency, shall be considered a sufficient permit for the purpose of this section.
- (b) The wildlife resources agency has the power to inspect all live fish entering the state, regardless of their source, and to destroy any shipment found to be diseased, without incurring any liabilities for so doing.
- (c) The agency is authorized to impose reasonable charges to defray expenses for stocking fish in private ponds. The charges may reflect the agency's costs for raising and transporting the fish together with other associated costs.
History (6)
- Acts 1951, ch. 115, § 22 (Williams, § 5178.51)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 8
- T.C.A. (orig. ed.), § 51-223
- Acts 2000, ch. 837, § 6.
§ 70-2-213. Permits for scientific purposes — Reports required — Penalty for violation. - (a) The executive director has the power, at the executive director's discretion, to grant permission, under the executive director's seal, to any reliable person to take, capture and transport in Tennessee, wild birds, and nests and eggs of wild birds, and wild animals and fish, when taken and used for purely scientific purposes. The permit so issued shall continue in force for one (1) year after the date of issue and shall specify the number of any species to be taken under the permit.
- (b) Each person receiving a permit under this section shall report to the wildlife resources agency on blanks furnished by it, at or before the expiration of such permit, the number and disposition of the collections made under the permit.
- (c) Any person taking any wildlife in violation of this section, or of the permit held by that person, shall be, upon conviction, fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) and the permit held by that person shall become void.
History (4)
- Acts 1951, ch. 115, § 66 (Williams, § 5178.95)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-224.
§ 70-2-214. Training of hunting dogs — License requirements — Regulation of field trials — Penalty for violations. - (a) Any resident or nonresident who trains hunting dogs in this state shall purchase the appropriate hunting license, except when such person is competing in recognized field trials.
- (b) Raccoon dog field trials, retriever dog field trials, bird dog field trials, rabbit dog field trials, and foxhound field trials will be permitted only under rules and regulations promulgated by the fish and wildlife commission. The fish and wildlife commission is authorized to make all such rules or regulations, or both, in connection with the field trials as it may deem necessary to carry out this section.
- (c) Any violation of this section, or any violation of any rule or regulation promulgated by the fish and wildlife commission pursuant to this section, is a Class C misdemeanor and, upon conviction of the violation, shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).
History (7)
- Acts 1951, ch. 115, § 14
- 1953, ch. 249, § 1
- 1953, ch. 255, § 2 (Williams, §§ 5178.43, 5178.45)
- 1961, ch. 195, § 1
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-225
- Acts 2012, ch. 993, § 13.
§ 70-2-215. Taxidermist permits — Report of work — Penalty for violation. [See the Compiler's Notes.] - (a) Any person, before engaging in the practice of taxidermy, which includes the stuffing, mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire, must first obtain a permit to do so from the executive director.
- (b) [Deleted by 2021 amendment.]
- (c) Each person obtaining such a permit shall conduct such practice of taxidermy in accordance with rules and regulations promulgated by the commission. Failure to make a report pursuant to the rules and regulations shall bar the person concerned from receiving a renewal of the person's permit or a new permit to engage in taxidermy.
- (d) Any person violating this section commits a Class C misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
History (8)
- Acts 1951, ch. 115, § 67 (Williams, § 5178.96)
- 1961, ch. 198, § 1
- 1969, ch. 245, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1975, ch. 241, § 5
- T.C.A. (orig. ed.), § 51-226
- Acts 1989, ch. 486, § 12
- 2021, ch. 270, § 6.
§ 70-2-219. Trout fishing in premiere tourist resort cities — Disposition of funds from Reelfoot preservation permits — Privileges of senior citizen permit holders. - (a) [Deleted by 2021 amendment.]
- (b)
- (1) Before any person may fish for trout in a premiere tourist resort city, such person must obtain the appropriate permit as described in this part, in addition to any appropriate state license, if required. The fish and wildlife commission is authorized to establish seasons and creel limits and to establish and collect permit fees in amounts to be set forth by proclamation duly passed by the commission. In addition to the appropriate state license, a person must obtain either a one-day permit for a fee of two dollars ($2.00) or a three-day permit for a fee of six dollars ($6.00); provided, that a nonresident may purchase a one-day all inclusive permit, in lieu of the normal license/permit combination. The fee for this permit shall be not less than eight dollars ($8.00) nor greater than thirteen dollars ($13.00). Eight dollars ($8.00) from each permit sold shall be retained by the agency as its license fee.
- (2) The fish and wildlife commission is authorized to pay to the premiere tourist resort city an amount not to exceed the permit fees collected, less the eight-dollar license fee retained by the agency, for the cost incurred by the premiere tourist resort city for the stocking of trout.
- (3) The fish and wildlife commission may exempt certain age groups from this section.
- (4) Full-time police officers and other such authorized employees of the premiere tourist resort city have the authority under the guidance of the fish and wildlife commission to enforce the creel limits, licensing and permit requirements of this subsection (b).
- (5) “Premiere tourist resort city” means a municipality having a population of twenty-five hundred (2,500) or more persons, according to the federal census of 1980 or any subsequent federal census, in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist courts accommodation, tourist shops and restaurants.
- (c) All funds derived from the sale of the Reelfoot preservation permit are hereby designated as set aside for the exclusive use of acquiring and maintaining lands around Reelfoot Lake.
- (d) Residents of Tennessee sixty-five (65) years of age or older who purchase an annual senior citizen permit and who otherwise comply with the licensing requirements of § 70-2-201(c)(2), if applicable, enjoy the same additional privileges and benefits as provided to an annual sportsman license holder. The annual fee shall be forty dollars ($40.00).
- (e)
- (1) The executive director is authorized to issue special permits to a nonprofit wildlife conservation organization that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)). An organization that receives a special permit issued under this subsection (e) may sell or otherwise transfer such permits through any legal means available.
- (2) Any proceeds of the sale must be used in this state for wildlife management projects approved by the agency; provided, that, notwithstanding any other law to the contrary, the organization may use no more than twenty percent (20%) of the proceeds to administer the sale or transfer of the permit.
- (3) The executive director may issue up to five (5) special permits in a license year and shall strive to ensure that hunting or fishing opportunities occur in each grand division of the state pursuant to this subsection (e).
- (4) The commission may promulgate rules to implement the special permit program.
History (21)
- Acts 1978, ch. 638, § 1
- 1979, ch. 231, § 1
- 1981, ch. 112, § 1
- 1981, ch. 484, §§ 1, 2
- T.C.A., § 51-238
- Acts 1983, ch. 285, § 1
- 1985, ch. 350, §§ 6, 7
- 1987, ch. 23, §§ 1, 2
- 1989, ch. 47, § 1
- 1989, ch. 486, §§ 13, 14
- 1991, ch. 124, § 1
- 1992, ch. 570, §§ 1, 2
- 1992, ch. 616, § 2
- 1995, ch. 332, § 1
- 1999, ch. 107, § 1
- 2001, ch. 376, § 3
- 2007, ch. 162, § 1
- 2009, ch. 182, § 1
- 2012, ch. 993, § 13
- 2019, ch. 65, § 1
- 2021, ch. 270, § 7.
§ 70-2-220. Business of culturing pearls in public waters — License requirements — Promulgation of rules — Committee. [See the Compiler's Notes.] - Any person, firm, or corporation, before engaging in the business of culturing pearls in the public waters, must first obtain an annual license from the wildlife resources agency. No nonresident may be granted a license if the state or country of the nonresident prohibits residents of Tennessee from engaging in the business of culturing pearls. The business must be conducted in accordance with rules promulgated by the fish and wildlife commission. The executive director shall appoint a committee of five (5) persons to assist the executive director in the initial drafting of the rules. Those persons include:
- (1) The executive director or the executive director's designee;
- (2) The chief of fisheries;
- (3) A fisheries biologist; and
- (4) Two (2) industry representatives in the initial drafting of the rules.
History (3)
- Acts 1986, ch. 653, § 1
- 2012, ch. 993, § 13
- 2021, ch. 270, § 8.
§ 70-2-221. Fish dealers license — Requirements — Penalties. [See the Compiler's Notes.] - (a) Any person, firm or corporation, before engaging in the businesses described in this section, must purchase a fish dealer's license:
- (1)
- (A) A “bait dealer” engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait;
- (B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary; and
- (C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction;
- (2) “Catch-out operation” is the business of making legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to procure them by purchase;
- (3)
- (A) “Fish farming” is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and
- (B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license.
- (b) These businesses shall be operated under rules and regulations promulgated by the wildlife resources agency.
- (c) [Deleted by 2021 amendment.]
- (d) Each license issued shall cover all operations of a single business conducted within the exterior boundaries of the same tract of land owned or leased by the person, firm or corporation.
- (e) Any person, firm or corporation violating this section commits a Class C misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).
History (3)
- Acts 1989, ch. 486, § 10
- 1994, ch. 727, § 1
- 2021, ch. 270, § 9.
§ 70-2-222. Freshwater mussels — Purchase — Payment — Penalty. [See the Compiler's Notes.] - (a) Any person, firm or corporation that purchases or otherwise obtains freshwater mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources agency the amount equal to $0.0145 per pound of mussel shells or $0.0124 per pound of mussels, shell with meat, purchased or obtained.
- (b) The payment to the agency shall be calculated from receipts filled out by the buyer for each transaction. A copy of each receipt will be given to the seller and a copy retained by the buyer, and shall be made available by the buyer for inspection by agents of the agency or the office of the comptroller of the treasury for a period of two (2) years. When mussels are sold without first going through a buyer, the method of payment shall be as described in proclamations promulgated by the fish and wildlife commission. For purposes of this section, a “buyer” is any person, firm or corporation that buys or otherwise obtains mussels from mussel harvesters or other mussel buyers, either for use within the state or for exporting from Tennessee.
- (c) Payments from buyers shall be made monthly, and must be received by the agency no later than the fifteenth day of the following month.
- (d) Revenue from this section shall be used for mussel management, research, and enforcement. However, no more than twenty-five percent (25%) of the total revenue shall be spent on enforcement.
- (e) A violation of this section is a Class A misdemeanor.
History (3)
- Acts 1991, ch. 522, § 1
- 1994, ch. 727, §§ 2-4
- 2012, ch. 993, § 13.
§ 70-2-223. Mussel industry — Advisory group. - To enhance and protect the state's mussel industry, the governor is authorized to appoint a five-member group of mussel industry representatives to advise the fish and wildlife commission and the various agencies of state government on pertinent matters relating to policy development and enforcement. The terms of such members shall run concurrently with the term of the appointing governor.
History (2)
- Acts 1991, ch. 522, § 2
- 2012, ch. 993, § 13.
§ 70-2-224. Regulation of sport firing ranges. - The fish and wildlife commission is authorized to promulgate rules and regulations establishing procedures and guidelines for the operation of wildlife resources agency sport firing ranges and establishing fees for use by the general public. The wildlife resources agency is authorized to contract for the operation and maintenance of the facilities. Moneys derived from the fees shall be deposited in the wildlife resources fund. The fee provisions of this section do not apply to outdoor sport firing ranges in operation prior to July 1, 1998.
History (2)
- Acts 1998, ch. 1044, § 1
- 2012, ch. 993, § 13.
§ 70-2-226. Permits for use of Sundquist wildlife management area by certain residents. - (a) Notwithstanding § 70-2-225 or any other provision of this title to the contrary, persons residing either within the boundaries of the Sundquist wildlife management area or on property physically contiguous to such area on July 1, 2004, shall be issued a user permit by the Tennessee wildlife resources agency (TWRA) for horseback riding, bicycling, and off highway vehicle use. Application must be made to the TWRA on the form provided by the agency and such proof of residency provided as specified by the agency within ninety (90) days of June 7, 2004.
- (b) Subsection (a) shall not apply to persons who purchase, inherit, or reside on property within or physically contiguous to the Sundquist wildlife management area after July 1, 2004.
- (c) The estimated cost of this section shall be absorbed out of the existing resources of the TWRA.
History (2)
- Acts 2004, ch. 870, §§ 1, 2
- 2013, ch. 95, § 1.
Part 3 Commercial Fishing § 70-2-301. Promotion of commercial fishing. - The fish and wildlife commission is directed to promulgate reasonable rules and regulations necessary to promote commercial fishing activity as an economically viable commercial enterprise in this state.
History (2)
- Acts 2011, ch. 338, § 1
- 2012, ch. 993, § 13.
§ 70-2-303. Resident preference in licensing — Nets — Study plan. - (a) Tennessee residents shall be given preference in licensing with a limit on the number of nonresident permits.
- (b) All nets shall be properly buoyed to promote safety on the waters of the state.
- (c) The agency shall develop a plan to study sustainability, population conditions, and juvenile survival rates on waters not currently open to commercial roe fishing. With the assistance of the commercial fishing community in harvest surveys, such study shall include at least the following objectives:
- (1) Description of the size structure and age structure of the existing paddlefish population;
- (2) Determination of paddlefish population parameters including growth, recruitment, and natural mortality; and
- (3) Assessment of the likelihood that the paddlefish population can provide a sustainable commercial fishery.
§ 70-2-304. Commercial fishing advisory committee. - To insure that the views of the commercial fishing community are appropriately communicated as well as to assist the wildlife resources agency in developing rules and regulations on commercial fishing, there is created a commercial fishing advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members.
Chapter 3 Ammunition Tax [Repealed] § 70-3-101. [Repealed]
History (10)
- Acts 1937, ch. 84, §§ 42, 69
- 1937, ch. 252, § 3
- 1945, ch. 37, § 1
- C. Supp. 1950, §§ 5178.51, 5178.78 (Williams, §§ 5176.43, 5176.70)
- impl. am. Acts 1974, ch. 481, § 9
- Acts 1979, ch. 179, § 1
- 1982, ch. 738, § 11
- T.C.A. (orig. ed.), § 51-301
- Acts 1989, ch. 486, § 15
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-102. [Repealed]
History (7)
- Acts 1937, ch. 84, §§ 42, 43
- 1945, ch. 37, § 1
- impl. am. Acts 1949, ch. 50, § 10
- mod. C. Supp. 1950, §§ 5178.51, 5178.52 (Williams, §§ 5176.43, 5176.44)
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-302
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-103. [Repealed]
History (6)
- Acts 1937, ch. 84, §§ 44, 45
- impl. am. Acts 1949, ch. 50, § 10
- C. Supp. 1950, §§ 5178.53, 5178.54 (Williams, §§ 5176.45, 5176.46)
- Acts 1974, ch. 481, §§ 6, 7, 21
- T.C.A. (orig. ed.), §§ 51-303, 51-304
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-104. [Repealed]
History (6)
- Acts 1937, ch. 84, §§ 46, 47
- impl. am. Acts 1949, ch. 50, §§ 6, 10
- C. Supp. 1950, §§ 5178.55, 5178.56 (Williams, §§ 5176.47, 5176.48)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- T.C.A., §§ 51-305, 51-306
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-105. [Repealed]
History (6)
- Acts 1937, ch. 84, § 69A, as added by Acts 1937, ch. 252, § 5
- impl. am. Acts 1949, ch. 50, § 10
- mod. C. Supp. 1950, § 5178.79 (Williams, § 5176.71)
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-307
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-106. [Repealed]
History (4)
- Acts 1937, ch. 84, § 49
- C. Supp. 1950, § 5178.58 (Williams, § 5176.50)
- T.C.A. (orig. ed.), § 51-308
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-107. [Repealed]
History (4)
- Acts 1937, ch. 84, § 48
- mod. C. Supp. 1950, § 5178.57 (Williams, § 5176.49)
- T.C.A. (orig. ed.), § 51-309
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-108. [Repealed]
History (7)
- Acts 1937, ch. 84, § 48
- 1937, ch. 252, § 4
- impl. am. Acts 1949, ch. 50, § 10
- C. Supp. 1950, § 5178.57 (Williams, § 5176.49)
- impl. am. Acts 1975, ch. 42, § 1
- T.C.A. (orig. ed.), § 51-310
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-109. [Repealed]
History (6)
- Acts 1937, ch. 84, § 50
- impl. am. Acts 1949, ch. 50, § 10
- mod. C. Supp. 1950, § 5178.59 (Williams, § 5176.51)
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-311
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-110. [Repealed]
History (6)
- Acts 1937, ch. 84, § 51
- impl. am. Acts 1949, ch. 50, § 10
- mod. C. Supp. 1950, § 5178.60 (Williams, § 5176.52)
- impl. am. Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-312
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-111. [Repealed]
History (7)
- Acts 1937, ch. 84, § 69
- impl. am. Acts 1949, ch. 50, §§ 6, 10
- C. Supp. 1950, § 5178.78 (Williams, § 5176.70)
- impl. am. Acts 1974, ch. 481, §§ 6, 7, 9
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), §§ 51-330, 51-331
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-112. [Repealed]
History (7)
- Acts 1937, ch. 84, § 68
- impl. am. Acts 1949, ch. 50, §§ 6, 10
- C. Supp. 1950, § 5178.77 (Williams, § 5176.69)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-332
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
§ 70-3-113. [Repealed]
History (7)
- Acts 1937, ch. 84, § 52
- C. Supp. 1950, § 5178.61 (Williams, § 5176.53)
- Acts 1959, ch. 145, § 4
- impl. am. Acts 1974, ch. 481, § 9
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-333
- repealed by Acts 2019, ch. 509, § 1, effective July 1, 2019.
Chapter 4 Miscellaneous Regulations Part 1 Hunting and Fishing § 70-4-101. Ownership and title to wildlife vested in the state. - (a) The ownership of and title to all forms of wildlife within the jurisdiction of the state that are not individual property under the laws of the land are hereby declared to be in the state. No wildlife shall be taken or killed in any manner or at any time, except the person or persons so taking or killing the wildlife shall consent that the title to the wildlife shall be and shall remain in the state for the possession, use and transportation of the wildlife after such taking or killing as set forth in this chapter.
- (b) The taking or killing of any and all forms of wildlife at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such wildlife shall be and shall remain in the state for the purpose of regulating the possession, use, sale and transportation of the wildlife for the public welfare.
History (2)
- Acts 1951, ch. 115, § 1 (Williams, § 5178.30)
- T.C.A. (orig. ed.), § 51-401.
§ 70-4-102. Illegal taking, possession or destruction of wildlife — Penalty for violations. - (a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form of wildlife except subject to the restrictions and by the means and devices and at the time prescribed by this title.
- (b) Any violations of the proclamations and rules and regulations proclaimed by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each bird, animal or fish constitutes a separate offense.
- (c) A violation of this section is a Class B misdemeanor.
History (8)
- Acts 1951, ch. 115, §§ 1, 4 (Williams, §§ 5178.30, 5178.33)
- Acts 1961, ch. 198, § 2
- Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 15
- T.C.A. (orig. ed.), §§ 51-405, 51-412
- Acts 1998, ch. 909, § 1
- 2003, ch. 61, § 2
- 2012, ch. 993, § 13.
§ 70-4-103. Fox hunting — Training of hunting dogs — Penalty. - (a)
- (1) Foxes may be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species.
- (2) Notwithstanding any private act to the contrary, the commission shall have the authority to regulate the taking or killing of foxes in this state.
- (3) Any person who hunts and kills a fox in a manner other than as permitted by this subsection (a) commits a Class C misdemeanor.
- (b) Fox hounds, rabbit dogs and bird dogs may be trained the entire year, except during such periods as may be fixed by the commission for the protection of the species, but any person accompanying the dogs or training them shall not possess any firearm, bow and arrow, or any other such device, except during the regular open season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106, so long as the handgun is not used for the taking of game.
History (12)
- Acts 1951, ch. 115, § 31
- 1953, ch. 145, § 1
- impl. am. Acts 1953, ch. 198 (Williams, § 5178.60)
- Acts 1957, ch. 382, § 2
- 1974, ch. 481, § 21
- 1978, ch. 792, § 2
- T.C.A. (orig. ed.), § 51-403
- Acts 1985, ch. 331, § 1
- 1989, ch. 591, § 113
- 2012, ch. 993, § 13
- 2015, ch. 235, § 1
- 2023, ch. 218, § 1.
§ 70-4-104. Catching or killing fish — Fishing regulations. - Fish may be taken with rod and reel, by hook and line held in the hand while fishing, or by one (1) or more trotlines not having a combination of more than one hundred (100) hooks, which trotline shall be attended at least once each day. Use or possession of any other instrument for the killing, catching, or taking of fish or other aquatic life is expressly forbidden, except as provided for in this title or as permitted by regulations made under authority granted the fish and wildlife commission under this title.
History (6)
- Acts 1951, ch. 115, § 19 (Williams, § 5178.48)
- Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 12
- T.C.A. (orig. ed.), § 51-404
- Acts 1996, ch. 677, § 1
- 2012, ch. 993, § 13.
§ 70-4-105. Lawful possession of wildlife by legal license holders. - (a) Wild animals, wild birds, or wild fowl lawfully taken may be possessed by legal license holders during any open season for their lawful taking, designated pursuant to the terms of § 70-4-107(b)-(d), but no person shall have in possession or in storage, or both, during any open season or at any other time, more than the possession limit prescribed by the fish and wildlife commission.
- (b) Any person violating this section commits a Class C misdemeanor.
History (9)
- Acts 1941, ch. 127, § 4
- C. Supp. 1950, § 5178.35 (Williams, § 5176.22)
- modified
- Acts 1959, ch. 126, § 1
- 1961, ch. 198, § 2
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-406
- Acts 1989, ch. 591, § 113
- 2012, ch. 993, § 13.
§ 70-4-106. Permission of owner of land to take wildlife or big game required — Penalty for violations. - (a)
- (1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission.
- (2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for any violation of this subsection (a), the court may revoke the license of the person so convicted. Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
- (b)
- (1)
- (A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language “Hunting By Written Permission Only” and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands.
- (B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods:
- (i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or
- (ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1″) wide and four inches (4″) long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
- (C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2).
- (2)
- (A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court.
- (B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state.
- (C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted.
History (8)
- Acts 1951, ch. 115, § 51 (Williams, § 5178.80)
- T.C.A. (orig. ed.), § 51-407
- Acts 1988, ch. 542, §§ 1, 2
- 1989, ch. 569, §§ 1, 2
- 1989, ch. 591, § 113
- 1995, ch. 145, § 1
- 2004, ch. 748, § 1
- 2010, ch. 1143, § 1.
§ 70-4-107. Hunting and fishing seasons — Bag and creel limits — Nonprotected wildlife. - (a) There is hereby declared a closed season upon all hunting and fishing in this state upon all wildlife protected by the laws of the state.
- (b) Whenever the supply of game or fish, or both, existing in any area, lake or stream shall become adequate to allow the taking or hunting, or both, of the game or fish without material danger of extinction or undue depletion of such game or fish, then it is lawful for any person to hunt or fish, or both, in the area, lake or stream within the creel, size, and bag limits, and in the manner and by the means prescribed by the fish and wildlife commission.
- (c)
- (1) The fact as to whether or not the supply of game or fish, or both, is at any time adequate to allow the taking of game or fish without the danger of extinction or undue depletion shall be determined by the commission, after a complete survey of the area in question.
- (2) If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth. Upon such announcement by the commission, it is lawful for any person within the area so designated by the commission to take game or fish, or both, of the species mentioned by the commission.
- (3) The proclamations shall become effective thirty (30) days after filing with the secretary of state. During emergency conditions, seasons may be closed, reopened, or extended summarily. A copy of all proclamations issued by the commission shall be immediately filed with the secretary of state and be made available on the Tennessee wildlife resources agency website.
- (4) The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both.
- (d) During any such open season as promulgated by the commission, the provisions of all general game and fish laws shall remain in full force and effect with reference to the method and manner of hunting and fishing and all other restrictions and provisions as to the taking of wild animals and fish as now or hereafter appear in the general game and fish laws.
- (e) [Deleted by 2023 amendment.]
- (f)
- (1) The commission may establish open seasons, bag and creel limits for the taking of game and fish on state lands, including lands leased by the state for wildlife management purposes, and may make any regulations it may deem needful to promote the best interest and enforce these provisions by means of rules and directions.
- (2) A violation of this subsection (f) is a Class B misdemeanor.
- (g) The commission has exclusive authority over the taking of game and fish, except to the extent such authority involves the regulation of the alteration of aquatic resources or other matters regulated under title 69, chapter 3. In issuing a proclamation under this part, the commission shall:
- (1) Consider the recommendations of professional fish and wildlife biologists; and
- (2) Recognize the lawful taking of game, including, but not limited to, hunting, angling, and trapping, as the preferred method of wildlife management and conservation within this state.
History (14)
- Acts 1951, ch. 115, §§ 2-4, 27, 53 (Williams, §§ 5178.31-5178.33, 5178.56, 5178.82, 5178.85)
- Acts 1953, ch. 255, § 4
- 1955, ch. 152, § 1
- 1974, ch. 481, § 21
- 1978, ch. 587, § 2
- 1979, ch. 39, § 1
- 1982, ch. 738, §§ 13, 14
- T.C.A. (orig. ed.), §§ 51-408 — 51-410, 51-413, 51-414
- Acts 1989, ch. 591, § 113
- 1990, ch. 981, § 3
- 2012, ch. 993, § 13
- 2023, ch. 61, § 2
- 2023, ch. 186, § 1
- 2024, ch. 626, § 4.
§ 70-4-108. Hunting from or across public road or near dwelling — Penalty. - (a) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a public road right-of-way, or to shoot any firearms across or on any public road.
- (b) It is unlawful to hunt, shoot at, chase, or kill, with or without dogs any wild animal, wild bird or wild fowl on public lands and waters within one hundred yards (100 yds.) of a visible dwelling house, whether or not such dwelling house is on public or private lands, without the owner's permission.
- (c) A violation of subsection (a) or (b) is a Class C misdemeanor.
- (d)
- (1) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a motor vehicle on either a public road or right-of-way, or from a public road or right-of-way after leaving a motor vehicle specifically for such purpose with the immediate intent to return to the vehicle.
- (2) A violation of this subsection (d) is a Class A misdemeanor.
History (8)
- Acts 1951, ch. 115, § 35 (Williams, § 5178.64)
- Acts 1979, ch. 254, § 1
- T.C.A. (orig. ed.), § 51-415
- Acts 1983, ch. 280, §§ 1, 2
- 1984, ch. 670, § 1
- 1984, ch. 898, § 1
- 1989, ch. 591, § 113
- 2005, ch. 124, §§ 1, 2.
§ 70-4-109. Hunting from aircraft, watercraft or motor vehicles unlawful — Exception for persons confined to wheelchairs — Penalty. - (a) It is unlawful to chase, hunt, or kill any wild birds, wild animals or wild fowl in this state from any craft propelled by electric, gasoline, steam or sail power, or airplane or hydroplane or from any automobile or motor vehicle, unless otherwise provided by law, rule and regulation or by proclamation; provided, that under no circumstance shall this subsection (a) be construed as authorizing the legalization of hunting from an automobile or motor vehicle while under power.
- (b) Notwithstanding subsection (a), any person totally and permanently confined to a wheelchair as certified by appropriate documentation to the executive director may hunt or kill any wildlife from a stationary automobile or motor vehicle during the lawful hunting seasons; provided, that it is unlawful for such person to shoot directly across or over any road, path or other right-of-way; and provided further, that any such persons shall be accompanied by another person who is not so confined at all times when hunting, and that such person shall retrieve all game taken in such hunt.
- (c) A violation of this section is a Class C misdemeanor.
History (5)
- Acts 1951, ch. 115, § 36 (Williams, § 5178.65)
- 1979, ch. 237, § 1
- T.C.A. (orig. ed.), § 51-416
- Acts 1989, ch. 591, § 113
- 2005, ch. 109, § 1.
§ 70-4-110. Spotlighting deer — Penalty. - (a)
- (1) It is unlawful for any person, or one (1) or more of a group of persons together, to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or vessel or with the aid of any motor vehicle or vessel, on or from any highway, or in any field, woodland, or forest, or the waters of the state, in an apparent attempt or intent to locate deer by the use of such light, unless such person or persons direct such light onto property owned by such person or one of the persons involved, or such person or group of persons has written permission from the landowner to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light onto the property of the landowner. Such written permission must be in immediate possession at all times and the individual shall display same upon demand of law enforcement.
- (2) Notwithstanding subdivision (a)(1), it is unlawful to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or vessel or with the aid of any motor vehicle or vessel, at any time from or on any public roadway.
- (b) The operator of any motor vehicle or vessel from which the rays of an artificial light have been cast as outlined in subsection (a) shall immediately stop such vehicle or vessel upon the direction of any enforcement officer of the wildlife resources agency.
- (c) A violation of this section is a Class B misdemeanor.
- (d) In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either first or subsequent offenders, from hunting, fishing or trapping in this state for a period of one (1) year.
History (17)
- Acts 1951, ch. 115, § 47 (Williams, § 5178.76)
- Acts 1961, ch. 198, § 3
- 1967, ch. 278, §§ 1, 2
- 1974, ch. 481, § 21
- 1974, ch. 498, § 1
- 1974, ch. 499, § 1
- 1974, ch. 703, § 1
- 1976, ch. 456, §§ 1, 2
- 1976, ch. 620, § 1
- 1976, ch. 667, § 1
- 1976, ch. 681, § 1
- 1982, ch. 701, §§ 1-6
- T.C.A. (orig. ed.), §§ 51-417, 51-429
- Acts 1983, ch. 385, § 3
- 1989, ch. 591, § 113
- 1990, ch. 981, § 3
- 2011, ch. 191, § 1.
§ 70-4-111. Hunting or killing any big game during closed season — Penalty. - Any person who hunts or kills any big game during the closed season for such game commits a Class B misdemeanor.
History (7)
- Acts 1943, ch. 103, § 1
- mod. C. Supp. 1950, § 5178.35 (Williams, § 5176.22)
- Acts 1957, ch. 382, § 3
- 1982, ch. 738, § 16
- T.C.A. (orig. ed.), § 51-419
- Acts 1989, ch. 591, § 113
- 1990, ch. 981, § 3.
§ 70-4-112. Hunting and chasing raccoons regulated — Training season — Violations — Penalties. - (a)
- (1) It is lawful for any person to chase raccoons with dogs at any season of the year, but no raccoon shall be killed or taken except during open season for killing or taking of raccoons, as may be prescribed by the fish and wildlife commission or other body possessing the power to regulate open and closed seasons for game. No person chasing raccoons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed as set forth in this subdivision (a)(1); except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106, so long as the handgun is not used for the taking of game. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle.
- (2)
- (A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106, so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state.
- (B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122, any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws.
- (b) Any person violating this section commits a Class C misdemeanor, and, in addition to the penalties prescribed by § 40-35-111 for Class C misdemeanors, is prohibited from hunting, chasing, or trapping for a period of not less than one (1) year.
-
History (15)
- Acts 1953, ch. 198, § 1 (Williams, § 5178.70a)
- modified
- Acts 1965, ch. 318, § 1
- Private Acts of 1967, ch. 25, § 1
- Acts 1973, ch. 174, §§ 1, 3
- 1974, ch. 411, § 1
- 1974, ch. 481, § 21
- 1980, ch. 555, § 1
- T.C.A. (orig. ed.), § 51-420
- Acts 1983, ch. 465, §§ 1, 2
- 1984, ch. 564, § 1
- 1989, ch. 591, § 113
- 2012, ch. 644, § 1
- 2012, ch. 993, § 13
- 2023, ch. 218, §§ 2, 3, 7.
§ 70-4-113. Use of bait, pitfalls and certain other devices in taking birds and animals prohibited — Penalty — Exceptions. - (a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided.
- (b) The executive director or the executive director's designees may use any chemical, biological substance, poison or device under controlled conditions to capture or kill any bird or animal for scientific, propagating, enforcement, humane or rescue purposes or when it is considered necessary by the executive director to reduce or control any species that may be detrimental to human safety, health or property. No action on the part of the executive director, directed to the control of rabies or other diseases spread from wildlife to human beings, shall be taken until the following conditions have been met:
- (1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county;
- (2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and
- (3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state.
- (c) A violation of this section is a Class C misdemeanor; provided, that spot, electric or torch lights may be used in the hunting and taking of raccoons, opossums and frogs, and box traps may be used for the taking of rabbits during the open shooting season for the same.
History (8)
- Acts 1951, ch. 115, § 37 (Williams, § 5178.66)
- Acts 1957, ch. 382, § 4
- 1965, ch. 43, §§ 1, 2
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1982, ch. 738, § 17
- T.C.A. (orig. ed.), § 51-421
- Acts 1989, ch. 591, § 113
- 1990, ch. 891, § 12.
§ 70-4-114. Destruction of dens or nests — Spotlighting — Use of spears, explosives, chemicals or other devices unlawful — Penalty. - (a) It is unlawful to disturb, mutilate, or destroy the home, nest, or den of any protected wild animals or birds, to use spears or any like device in the hunting or taking of protected wild animals, to blind with lights, except as provided in § 70-4-113, or to use explosives, chemicals, mechanical devices, or smokers of any kind to drive protected wild animals out of their dens, holes, or houses.
- (b) A violation of this section is a Class C misdemeanor.
History (6)
- Acts 1951, ch. 115, § 38 (Williams, § 5178.67)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 18
- T.C.A. (orig. ed.), § 51-423
- Acts 1989, ch. 591, § 113.
§ 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 (9)
- 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.
§ 70-4-116. Hunting, killing and possession of deer, bear, wild elk and wild turkey — Transporting — Tagging — Penalties. - (a) Notwithstanding any law or any public or private act to the contrary, it is unlawful for any person to hunt or take deer, bear or wild elk with any shotgun using ammunition loaded with more than one (1) solid ball or rifled slug, or with any rifle using rim-fire cartridges. Bows and arrows are prohibited except as prescribed by the fish and wildlife commission.
- (b) It is unlawful to hunt, pursue, capture, possess, transport or store any deer, wild turkey, bear or wild elk either male or female, in this state, at any time or in any area other than at times and within the area designated by the commission in its promulgation of open seasons, as provided by this title.
- (c) Subsections (a)-(c) do not apply when such deer, wild turkey, bear or wild elk has been killed outside the boundaries of this state. Possession of such game in any closed season or boundary, except as provided in subsection (e), is prima facie evidence of guilt under this section. Any person found in possession of a deer, wild turkey, bear or wild elk and claiming that it was killed outside the state shall present to the executive director, or to any court hearing a cause pursuant to this title, sufficient proof to establish that the animal was so killed.
- (d)
- (1) Any person killing or possessing, or both, a deer, wild turkey, bear or wild elk shall tag the animal in accordance with procedures set out in the proclamation. Any deer, wild turkey, bear or wild elk that has not been tagged in accordance with this chapter or any proclamation promulgated in accordance with this title may be confiscated and disposed of as provided by law.
- (2) The commission is authorized to issue special quota harvest tags for certain species, or sexes of species, requiring limited harvest. The commission is authorized to adopt rules and regulations that would permit granting to landowners special consideration in the issuance of special quota harvest tags.
- (3) A violation of this subsection (d) is a Class C misdemeanor.
- (e)
- (1) A violation of subsections (a)-(c) is a Class B misdemeanor except that a violation of any of these subsections relative to wild elk shall be a Class A misdemeanor. It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.
- (2) In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of subsections (a)-(c), setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year.
- (f)
- (1) In addition to the punishments authorized by this title, any court that convicts a person of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in violation of this title may order that person to pay restitution for the animal to the agency in the following amount:
- (A) Not less than one thousand dollars ($1,000) per animal, for each of the following that is illegally killed or possessed:
- (i) Wild turkey;
- (ii) White-tailed deer with no antlers; and
- (iii) Antlered white-tailed deer with less than eight (8) antler points;
- (B) Not less than one thousand five hundred dollars ($1,500) per animal, for each of the following that is illegally killed or possessed:
- (i) Wild elk with no antlers; and
- (ii) Antlered wild elk with less than eight (8) antler points;
- (C) Not less than one thousand dollars ($1,000) per animal plus five hundred dollars ($500) per antler point, for each antlered white-tailed deer with at least eight (8) but not more than ten (10) antler points that is illegally killed or possessed;
- (D) Not less than one thousand dollars ($1,000) per animal plus seven hundred fifty dollars ($750) per antler point, for each antlered white-tailed deer with eleven (11) or more antler points that is illegally killed or possessed;
- (E) Not less than one thousand five hundred dollars ($1,500) per animal plus five hundred dollars ($500) per antler point, for each antlered wild elk with at least eight (8) but not more than ten (10) antler points that is illegally killed or possessed;
- (F) Not less than one thousand five hundred dollars ($1,500) per animal plus seven hundred fifty dollars ($750) per antler point, for each antlered wild elk with eleven (11) or more antler points that is illegally killed or possessed; and
- (G) Not less than five thousand dollars ($5,000) per animal, for each bear that is illegally killed or possessed and for each bear cub that is orphaned by the illegal killing or possession of a bear.
- (2)
- (A) If the conviction is based on the killing or possession of a wild elk and the court orders restitution pursuant to subdivision (f)(1), in addition to any other relevant factors to consider when determining the amount of restitution, the court shall also include the costs associated with the reintroduction of a wild elk.
- (B) Notwithstanding any provision of law to the contrary, a farmland owner, lessee, or designee may take an elk found within a “no elk zone” when the owner, lessee, or designee reasonably believes the elk is causing or has caused damage to the owner's property. In all other situations, the farmland owner, lessee, or designee shall first provide the agency an opportunity to relocate the elk. The “no elk zone” shall be defined by the commission.
- (g) In addition to the punishments authorized by this title, any court that convicts a person of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in violation of this section shall revoke any license that was issued to the person under this title until the person has paid in full all restitution that the court ordered the person to pay.
History (32)
- Acts 1951, ch. 115, §§ 42, 43, 47
- 1953, ch. 226, § 3 (Williams, §§ 5178.71, 5178.72, 5178.76)
- Acts 1957, ch. 382, § 6
- 1957, ch. 384, § 1
- 1959, ch. 145, § 4
- 1961, ch. 198, §§ 2, 3
- 1970, ch. 597, § 1
- 1973, ch. 288, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1975, ch. 244, § 1
- 1976, ch. 681, § 1
- 1978, ch. 626, § 1
- 1979, ch. 198, § 1
- 1980, ch. 644, § 1
- 1982, ch. 701, §§ 4-6
- 1982, ch. 738, § 20
- T.C.A. (orig. ed.), §§ 51-425, 51-426, 51-429
- Acts 1983, ch. 385, § 4
- 1984, ch. 551, § 1
- 1985, ch. 310, § 1
- 1988, ch. 592, §§ 1-3
- 1989, ch. 591, § 113
- 1990, ch. 891, § 14
- 1990, ch. 981, § 3
- 1999, ch. 91, § 1
- 2001, ch. 103, §§ 1-4
- 2006, ch. 615, § 1
- 2008, ch. 715, § 1
- 2011, ch. 283, §§ 2-5
- 2012, ch. 993, § 13
- 2015, ch. 370, § 1.
§ 70-4-117. Possession of weapons in areas inhabited by big game — Penalty. - (a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections (b) and (c).
- (b)
- (1) A violation of this section is a Class B misdemeanor.
- (2) It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.
- (c) In the prosecution of a second or subsequent offense, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year.
- (d) Notwithstanding subsection (a), a person not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (d) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.
- (e) Nothing in this section shall authorize a person not otherwise prohibited by law from possessing a handgun to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law.
- (f) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations.
History (12)
- Acts 1951, ch. 115, §§ 44, 47 (Williams, §§ 5178.73, 5178.76)
- Acts 1957, ch. 382, § 7
- 1957, ch. 384, § 2
- 1961, ch. 198, § 3
- 1976, ch. 681, § 1
- 1982, ch. 701, §§ 4-6
- 1982, ch. 738, § 21
- T.C.A. (orig. ed.), §§ 51-427, 51-429
- Acts 1989, ch. 591, § 113
- 1990, ch. 981, § 3
- 2009, ch. 606, § 1
- 2023, ch. 218, §§ 4, 5.
§ 70-4-118. Unlawful to hunt deer being chased by dogs or to permit dogs to hunt or chase deer — Confiscation of dogs — Penalties. - (a) No person shall knowingly hunt deer being chased by dogs nor shall any person knowingly and intentionally permit such person's dogs to hunt or chase deer.
- (b) Any officer of the wildlife resources agency may take into possession any dog known to have hunted or chased deer and shall notify the owner of the dog, or if the owner is unknown, shall advertise in a newspaper of general circulation in the county that the dog is in the officer's possession, giving the description of the dog and stating the circumstances under which it was taken. The officer shall hold the dog for a period of ten (10) days and shall report the facts in full to the director.
- (c) If, within ten (10) days, the owner claims the dog, the owner may repossess it on payment of the costs of advertising and the cost of keep. If the owner does not claim the dog within the above specified time, the dog shall be deemed ownerless and a public nuisance and shall be disposed of in the manner prescribed by the executive director. In this event, the costs of advertising and keep shall be paid by the agency.
- (d) Any person violating this section commits a Class B misdemeanor. It is mandatory upon the court to impose the prison sentence, and the minimum time is not subject to suspension, but may be served on such days designated by the judge.
- (e) Notwithstanding subsection (a), the commission is authorized to promulgate rules to allow for the use of dogs in tracking and recovering an injured or deceased deer.
History (10)
- Acts 1951, ch. 115, § 46 (Williams, § 5178.75)
- Acts 1961, ch. 198, § 2
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1981, ch. 199, §§ 1, 2
- T.C.A. (orig. ed.), § 51-428
- Acts 1989, ch. 591, § 113
- 1990, ch. 891, § 15
- 1990, ch. 981, § 3
- 2018, ch. 641, § 1.
§ 70-4-119. Taking of aquatic animal life other than game fish — Possession of commercial fishing gear on contaminated waters — Use of explosives, electrical devices or poisons in taking fish — Penalties. - (a) The taking of fish, mussels, turtles and other aquatic animal life, other than those species designated as game fish, from the waters of this state is not permitted except in accordance with the following provisions:
- (1) Any and all varieties of fish, mussels, turtles and other aquatic animal life may be sold commercially, subject to limitations prescribed by the fish and wildlife commission;
- (2) The commission is hereby authorized to designate all waters that shall be opened to the use of various types of gear to be used for the commercial taking of fish, mussels, turtles and other aquatic animal life, and the commission is authorized to specify the types of commercial gear to be used for the taking of fish, mussels, turtles and other aquatic animal life from any of such waters, under regulations prescribed by the commission in its proclamation for the commercial taking of fish, mussels, turtles and other aquatic animal life;
- (3) The possession or use, or both, of any type of gear that is not specifically authorized by the commission, or that is not properly licensed, is forbidden. No commercial gear may be possessed on, or immediately adjacent to, any body of water where such gear is not authorized;
- (4) Any wildlife accidentally taken in connection with a commercial operation under this section shall be quickly and carefully released with the least possible injury;
- (5) Each piece of commercial fishing gear, including trotlines, fished commercially, shall bear securely fastened to the gear at the head end of the line or net or to the float, a current and valid identifying tag to be supplied by the commercial fisher. The tag shall measure at least one inch by three inches (1″ x 3″) and shall have the name of the commercial fisher along with the commercial fisher's current license number.
- (6) The commission is authorized to promulgate proclamations pertaining to the use of slat baskets by sport fishing license holders. Such baskets must be marked with an identifying tag, which expires the last day of February following the date of issue. A tag will be issued to each sport fishing license holder upon application to the agency and upon payment of the established fee to defray the cost and expense of furnishing each tag;
- (7) It is unlawful for a commercial fisher to possess, while engaging in commercial fishing, any species of fish that cannot legally be taken with commercial fishing gear, except for legally taken bream less than four inches (4″) in length, which may be used as bait;
- (8) Any person violating this section or any proclamation promulgated pursuant to this section commits a Class B misdemeanor and also is prohibited from engaging in sport fishing, commercial fishing or commercial musseling for a period of time of not less than one (1) year. Any person who engages in sport fishing, commercial fishing or commercial musseling during the prohibited time set by the court commits a Class B misdemeanor;
- (9) For enforcement purposes, if fewer than five percent (5%) by number of mussels taken by a commercial musseler are not suitable for sale because such mussels are too small, no sanctions shall be imposed against such commercial musseler; and
- (10) Wholesale fish dealers and wholesale mussel dealers shall supply, upon request from the director of wildlife resources agency or the director's agent, reports detailing the quantities of fish and mussels purchased. Records shall be made available for inspection upon request by agents during normal business hours.
- (b) Possession of commercial fishing gear on, or immediately adjacent to, any waters closed due to contamination, or possession of any species of fish, turtle or other aquatic animal life taken from waters closed to that species due to contamination is punishable as a Class A misdemeanor. Additionally, such person shall be prohibited from engaging in commercial fishing for not less than six (6) years.
- (c)
- (1) It is unlawful to use or possess dynamite, an electrical device, explosives, chemicals, lime or poison to kill or stun fish, or to attempt to do so.
- (2) A violation of subdivision (c)(1) is a Class B misdemeanor.
- (3) Each fish killed and each stick of dynamite or dynamite cap used is a separate offense.
- (4) The executive director, or the executive director's designated agents, may use any substance, chemical, or device to stun or kill fish for scientific, propagating, enforcement or rescue purposes, and may use poison in certain waters or lakes of the state where it is necessary to remove or eradicate undesirable species of fish from the waters.
History (22)
- Acts 1951, ch. 115, §§ 23, 29
- 1953, ch. 226, §§ 1, 2 (Williams, §§ 5178.52, 5178.58)
- Acts 1957, ch. 386, § 4
- 1959, ch. 126, § 2
- 1961, ch. 256, § 1
- 1971, ch. 414, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1978, ch. 738, § 22
- 1980, ch. 633, § 1
- 1982, ch. 807, § 1
- T.C.A. (orig. ed.), §§ 51-437, 51-438
- Acts 1987, ch. 156, § 1
- 1989, ch. 486, § 16
- 1989, ch. 591, § 113
- 1990, ch. 610, § 1
- 1990, ch. 891, §§ 16-18
- 1990, ch. 981, § 3
- 1994, ch. 727, § 6
- 1999, ch. 91, § 2
- 2012, ch. 993, § 13
- 2023, ch. 61, § 3.
§ 70-4-120. Trapping, snaring or baiting regulations — Penalties for violations — Snare traps — Use of tamed quail to train bird dogs. - (a)
- (1) It is unlawful for any person, except as provided in this chapter, to set or place any trap or snare, or bait any trap or device, upon the lands of, or in the waters adjoining the lands of, any person, for the purpose of catching or killing any wild animal upon the lands of another, except during the open season on such animals, and then only after such person has obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting the devices; provided, that nets, spring poles and deadfalls are prohibited at all times and all places.
- (2) The commission shall promulgate rules or adopt proclamations, as necessary, to:
- (A) Determine the types of steel traps that may be used in the taking of wild animals; and
- (B) Regulate the placement of steel traps.
- (3) The commission shall promulgate rules or adopt proclamations, as necessary, to establish inspection requirements for steel traps used in the taking of wild animals.
- (4) Persons trapping upon the lands of another shall at once make to the owner of the lands a full written report of the head of fowl, stock, or dog caught in the steel trap or other trapping device set by such person, giving the date the fowl, stock or dog was caught, with a full description of the fowl, stock or dog.
- (5) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device.
- (6) All traps set or used for the purpose of taking any wild animals shall be stamped with the owner's name in such manner that the same shall be legible at all times. Any trap or traps found that are not stamped may be confiscated or destroyed.
- (7) Any person violating this section commits a Class C misdemeanor and also is prohibited from trapping or engaging in the business of buying or selling furs for a period of time of not less than one (1) year, or both. Any person who traps or engages in the business of buying or selling furs during the period commits a Class C misdemeanor.
- (b) It is lawful at all times for any person to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye and the training of the bird dogs shall be conducted under such rules and regulations as may be promulgated by the fish and wildlife commission.
History (16)
- Acts 1951, ch. 115, § 48 (Williams, § 5178.77)
- Acts 1971, ch. 381, §§ 1, 2
- 1974, ch. 481, § 21
- 1980, ch. 655, § 1
- 1981, ch. 197, § 3
- T.C.A. (orig. ed.), § 51-439
- Acts 1985, ch. 148, § 2
- 1985, ch. 253, § 1
- 1988, ch. 772, § 1
- 1988, ch. 915, §§ 1, 2
- 1989, ch. 591, § 113
- 1997, ch. 158, §§ 1, 2
- 2003, ch. 46, § 1
- 2008, ch. 675, § 1
- 2012, ch. 993, § 13
- 2017, ch. 203, §§ 2-4.
§ 70-4-121. United States fish and wildlife service exempt from game laws. - It is lawful for the director of the United States fish and wildlife service and the director's duly authorized agents to take at any time and in any manner from the public fresh waters of this state all fish required by them for the operation of the state and federal hatcheries. The United States fish and wildlife service is exempt, in the operation of federal fish hatcheries in Tennessee, from the state game laws. The director of the United States fish and wildlife service and the director's duly authorized agents are accorded the right to conduct fish hatching and fish culture and all operations connected with fish hatching and fish culture in any manner and at any time that may by the director be considered necessary and proper, any laws of the state to the contrary notwithstanding.
History (4)
- Acts 1931, ch. 53, § 1
- C. Supp. 1950, § 5178.107 (Williams, § 5175.55)
- modified
- T.C.A. (orig. ed.), § 51-440.
§ 70-4-122. Raccoon dog training. - (a)
- (1) It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in West Tennessee and the following counties: Carter, Claiborne, Greene, Johnson, Sullivan, and that part of DeKalb County lying south and west of state highway No. 96 and U.S. Highway No. 70, except during the thirty (30) days immediately preceding the opening of the season under general laws of the state for hunting raccoons; provided, that none of the provisions of this subsection (a) shall apply to Shelby County or the counties of McNairy, Fayette, Hardeman, Decatur, Dyer, Carroll, Henry, Weakley and Chester.
- (2) As used in this subsection (a), “West Tennessee” includes that portion of the state lying west of the Tennessee River where it enters the state from the states of Alabama and Mississippi and emerges into the state of Kentucky, but “West Tennessee” does not include Benton County, Gibson County, Madison County, Henderson County or Hardin County. This subsection (a) also applies to the following counties located in other parts of the state: Carter, Claiborne, Greene, Johnson, Morgan, Sullivan, Unicoi, and that part of DeKalb County lying south and west of state highway No. 96 and U.S. Highway No. 70.
- (b)
- (1) Cocke County. It is lawful in Cocke County to have a jump-out training season during the period each year from October 9 through November 1, and notwithstanding other provisions of this section, it is lawful to train raccoon dogs in Cocke County at any time of the year, except during the period each year from March 1 to May 15, so long as raccoons are not taken except during the open season.
- (2) Crockett County. It is lawful at any time of the year to train raccoon dogs in Crockett County so long as raccoons are not taken except during the open season.
- (3) Gibson County. It is lawful at any time of the year to train raccoon dogs in Gibson County, so long as raccoons are not taken except during the open season.
- (4) Grainger County. It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in Grainger County, except during the period beginning October 1 through February 28, so long as raccoons are not taken except during the open season.
- (5) Hancock County. Notwithstanding other provisions of this section, it is lawful to train raccoon dogs in Hancock County at any time of the year, except during the period each year from March 1 to May 15, so long as raccoons are not taken except during the open season.
- (6) Hawkins County. It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in Hawkins County except during the open season.
- (7) Haywood County. It is lawful at any time of the year to train raccoon dogs in Haywood County, so long as raccoons are not taken except during the open season.
- (8) Humphreys County. It is lawful at any time of the year to train raccoon dogs in Humphreys County, so long as raccoons are not taken except during the open season.
- (9) Jefferson County. It is lawful in Jefferson County to have a jump-out training season during the period each year from October 9 through November 1, and notwithstanding other provisions of this section, it is lawful to train raccoon dogs in Jefferson County at any time of the year, except during the period each year from March 1 to May 15, so long as raccoons are not taken except during the open season.
- (10) Lake County.
- (A) It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in Lake County except during the open season.
- (B) This subdivision (b)(10) shall have no effect unless it is approved by a two-thirds (⅔) vote of the county legislative body of Lake County. Its approval or nonapproval shall be proclaimed by the presiding officer of the Lake County legislative body and certified by such officer to the secretary of state.
- (11) Lauderdale County. It is lawful at any time of the year to train raccoon dogs in Lauderdale County, so long as raccoons are not taken except during the open season.
- (12) Morgan County. It is lawful to conduct sanctioned raccoon hunts in Morgan County during the closed season, so long as raccoons are not taken during such closed season. For the purposes of this subdivision (b)(12), “sanctioned raccoon hunts” means chasing raccoons for the purpose of treeing only. The sanctioned hunts shall require the approval of a recognized kennel club such as the AKC, UKC, NKC or PKC.
- (13) Obion County. Notwithstanding other provisions of this section, it is lawful to train raccoon dogs in Obion County at any time of the year, so long as raccoons are not taken except during the open season.
- (14) Tipton County. It is lawful at any time of the year to train raccoon dogs in Tipton County, so long as raccoons are not taken except during the open season.
- (15) Unicoi County. It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in Unicoi County except during the seventy (70) days immediately prior to the season for hunting raccoons in such county.
- (16) Washington County. It is unlawful for any person or firm to train raccoon dogs by chasing raccoons in Washington County except during the open season.
- (c) A person who violates this section commits a Class C misdemeanor. Nothing in this section shall be construed as restricting the training of raccoon dogs where no element of chasing or hunting raccoons is involved.
History (72)
- Acts 1955, ch. 134, §§ 1, 2
- 1957, ch. 387, § 1
- 1959, ch. 96, § 1
- 1959, ch. 179, § 1
- 1959, ch. 183, § 1
- 1959, ch. 288, § 1
- 1961, ch. 249, § 1
- 1961, ch. 261, § 1
- 1963, ch. 122, § 1
- 1963, ch. 131, § 1
- 1963, ch. 138, § 1
- 1963, ch. 182, § 1
- 1963, ch. 210, § 1
- 1963, ch. 350, § 1
- 1963, ch. 375, § 1
- 1965, ch. 21, § 1
- 1965, ch. 51, § 1
- 1965, ch. 315, § 1
- 1965, ch. 318, § 1
- 1967, ch. 39, § 1
- 1967, ch. 74, § 1
- 1967, ch. 75, § 1
- 1967, ch. 76, § 1
- 1967, ch. 128, § 1
- 1967, ch. 299, § 1
- 1967, ch. 351, § 1
- Private Acts of 1967, ch. 25, § 1
- Acts 1968, ch. 612, § 1
- 1969, ch. 125, § 1
- 1969, ch. 253, § 1
- 1969, ch. 263, § 1
- 1970, ch. 436, § 1
- 1971, ch. 15, § 1
- 1971, ch. 18, § 1
- 1971, ch. 94, § 1
- 1971, ch. 129, § 1
- 1972, ch. 579, §§ 1, 2
- 1973, ch. 51, § 1
- 1973, ch. 58, § 1
- 1973, ch. 306, § 1
- 1973, ch. 351, § 1
- impl. am. Acts 1974, ch. 481, § 18
- 1974, ch. 636, § 1
- 1975, ch. 240, § 1
- 1976, ch. 663, § 1
- 1976, ch. 714, § 1
- 1977, ch. 167, § 1
- 1977, ch. 494, § 1
- 1978, ch. 665, §§ 1-3
- 1978, ch. 916, § 1
- Private Acts of 1978, ch. 265, §§ 1, 2
- Acts 1979, ch. 30, § 1
- 1979, ch. 48, § 1
- 1979, ch. 75, §§ 1, 2
- 1979, ch. 139, § 1
- 1979, ch. 375, § 1
- 1981, ch. 4, § 1
- 1982, ch. 676, § 1
- 1982, ch. 758, §§ 1-4
- 1982, ch. 923, §§ 1-3
- T.C.A., § 51-441
- Acts 1983, ch. 309, § 1
- 1985, ch. 422, §§ 1, 2
- 1986, ch. 502, §§ 1, 2
- 1986, ch. 781, §§ 1, 2
- 1986, ch. 839, § 1
- 1989, ch. 591, § 113
- 1991, ch. 372, § 1
- 1995, ch. 262, §§ 1, 2
- 1998, ch. 611, § 1
- 2012, ch. 644, § 2
- 2023, ch. 218, § 8.
§ 70-4-123. Hunting with bow and arrow while in possession of firearms or accompanied by a person in possession of firearms — Penalty. - (a) It is unlawful for a person hunting big game with a bow and arrow to be in possession of a firearm or be accompanied in hunting by a person possessing a firearm during the archery-only deer season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106, so long as the handgun is not used for the taking of game.
- (b) A person who violates this section commits a Class C misdemeanor.
History (6)
- Acts 1967, ch. 40, §§ 1, 2
- 1982, ch. 738, § 23
- T.C.A., § 51-443
- Acts 1989, ch. 591, § 113
- 2010, ch. 621, § 1
- 2023, ch. 218, § 6.
§ 70-4-124. Wearing daylight fluorescent orange color while hunting big game required — Penalty. - (a) Every person hunting big game except turkey during the gun hunts proclaimed by the commission shall wear on the upper portion of the body and head outer garments of daylight fluorescent orange color of not less than five hundred square inches (500 sq. in.) and visible from the front and back.
- (b) “Daylight fluorescent orange color” means having a dominant wave length between five hundred ninety-five thousandths (0.595) and six hundred five thousandths (0.605) nanometers, excitation purity of not less than eighty-five percent (85%) and a luminance factor of not less than forty percent (40%).
- (c) A violation of this section is a Class C misdemeanor.
- (d) This section does not apply to a person hunting on that person's own property.
- (e) Notwithstanding § 8-21-401, the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section.
History (5)
- Acts 1975, ch. 178, §§ 1-3
- 1982, ch. 738, § 24
- T.C.A., § 51-445
- Acts 1989, ch. 591, § 113
- 2017, ch. 403, § 1.
§ 70-4-125. Causing death to wildlife, hunting dog or domestic animal by poisonous substance prohibited. - (a) No person shall deposit, place or cause to be deposited or placed out of doors any poisonous substance or any matter that has been rendered poisonous that causes or is capable of causing death or injury to wildlife, a hunting dog, or a domestic animal. Such prohibition applies only where the substance or matter is placed on the property of another.
- (b) No person shall knowingly or recklessly place or deposit, or cause to be placed or deposited, on such person's property a poisonous substance or any matter that would be rendered poisonous if consumed by an animal or human being, if such poison or poisonous matter could be reasonably assumed to be accessible by a minor under the age of fifteen (15) years. This subsection (b) shall only apply if the placing or depositing of the poisonous substance is done with the intent of causing death or injury to a hunting dog or a domestic animal.
- (c) A person who violates this section commits a Class C misdemeanor.
- (d) Such prohibition does not apply to rabies control activities of the appropriate public health officials.
History (4)
- Acts 1978, ch. 792, § 1
- T.C.A., § 51-446
- Acts 1989, ch. 591, § 113
- 1995, ch. 211, § 1.
§ 70-4-127. Dove-baiting prohibited. - (a) It is a criminal offense to bait a field or other area. “Bait,” as used in this section, means the intentional placement of grain or any mixture of any ingredients used as or for food purposes for the purpose of killing, injuring, or capturing doves. “Bait” does not include the broadcasting or sowing of grain or seed for normal agricultural purposes, the placement of salt pans or troughs for livestock, the practice of leaving or manipulating standing crops in a field, or other normal agricultural practices customarily practiced on the land.
- (b) Any person who enters upon the lands of another to bait a field or other area commits criminal trespass, and, upon conviction, shall be punished in accordance with § 39-14-405.
- (c) Any person who baits a field or other area or any person who assists, employs or directs another to do so commits a Class C misdemeanor.
History (3)
- Acts 1983, ch. 471, § 1
- 1989, ch. 591, § 113
- 1996, ch. 675, § 73.
§ 70-4-128. Posting notice of dove-baiting. - If any Tennessee wildlife resources agency officer or employee has reasonable cause to believe that a field has been unlawfully baited with grain or any mixture of any ingredients used as or for food purposes for the purpose of killing, injuring or capturing doves, then such officer or employee shall immediately post notices on such field in conspicuous locations that the field is baited and hunting is prohibited. If any such officer or employee discovers and fails to post such field in accordance with this section, no person shall be subject to prosecution for hunting on or over such field, notwithstanding any provision of this title to the contrary. The Tennessee wildlife resources agency and its officers and employees are exempt from civil liability in its actions in enforcement of this section.
History (2)
- Acts 1983, ch. 167, § 1
- 1984, ch. 535, § 1.
§ 70-4-129. Sale of fish and wildlife by charitable organizations. - (a) Notwithstanding § 70-4-101, or rules, regulations or proclamations of the agency or commission to the contrary, fish and wildlife may be sold by charitable organizations in any county having a population of not less than twenty-seven thousand eight hundred (27,800) nor more than twenty-eight thousand (28,000), according to the 1990 federal census or any subsequent federal census for fundraising purposes in accordance with subsection (b).
- (b) Notwithstanding any provision of this title or rule, regulation or proclamation of the agency or commission to the contrary, fish and wildlife that are lawfully taken or acquired and donated to an organization that has received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501 (c)(3) may be sold by such organization to raise funds if the following conditions are met:
- (1) The organization distributes at least ninety percent (90%) of the funds raised to other organizations that have received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501;
- (2) The organization maintains records for three (3) years of the source of such donations, and such records are made available for inspection upon request of the wildlife resources agency; and
- (3) The organization notifies the wildlife resources agency thirty (30) days in advance of any such sale.
History (1)
- Acts 1993, ch. 83, §§ 1, 2.
§ 70-4-130. Albino deer. - (a) Except as provided in § 70-4-115, it is unlawful for any person to knowingly hunt, kill, trap, ensnare, or destroy, or to attempt to destroy, or to have in such person's possession albino deer, which is a deer with a lack or significant deficiency of pigment in the skin and hair and with pink eyes.
- (b) Any violations of the proclamations or rules and regulations promulgated by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each animal constitutes a separate offense.
- (c) Violation of this section is a Class B misdemeanor, punishable by fine only.
History (2)
- Acts 2001, ch. 24, § 1
- 2012, ch. 993, § 13.
§ 70-4-132. Walleye and crappie in restaurants. - Notwithstanding any law, rule or regulation to the contrary, a restaurant located in this state may advertise, possess, sell, offer for sale or give away fully cooked crappie or walleye for consumption on the premises of the restaurant; provided, that the crappie or walleye is not harvested from the waters of this state and that appropriate documentation is maintained on the premises of the restaurant exhibiting the location of origin of the crappie and walleye.
§ 70-4-133. Wild-appearing swine. - (a) It is the intent of this section to address the illegal translocation and release of wild-appearing swine. These animals have been shown to be destructive to native habitats, agricultural lands and private property and are carriers for a myriad of diseases that affect humans, livestock and wildlife.
- (b) It is not the intent of this section to impede the legal transportation of swine that are regulated by the department of agriculture.
- (c) As used in this section, “wild-appearing swine” means swine that are, at maturity, two feet to three feet (2′ – 3′) tall and three and one half feet to five feet (3 ½′ – 5′) long and, at maturity, have the following physical features in comparison to domestic swine:
- (1) Massive heads with smaller, pointed and heavily-furred ears;
- (2) Heavier shoulders that slope down to small hips, giving the animal an outline similar to an American bison;
- (3) Long and thin snouts;
- (4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making a knifelike edge against the lower tusks; and
- (5) Straight tails that are tufted at the tip.
- (d) It is an offense for any person to knowingly transport or release into the wild, or cause to be transported into or within the state, live wild-appearing swine that do not have documentation approved by the department of agriculture.
- (e) Notwithstanding § 70-6-101, any stop, search or arrest pursuant to this section by an officer of the agency shall be predicated upon reasonable suspicion that a violation of this section has occurred.
- (f) A violation of subsection (d) is a Class A misdemeanor. Each undocumented wild-appearing swine illegally transported or released in violation of subsection (d) is a separate offense.
§ 70-4-134. Availability of self-defense to person charged with taking, attempting to take, or harming wild animal. - (a) As used in this section:
- (1) “Enter” means the intrusion of any part of the body of a wild animal into the interior space of a structure;
- (2) “Serious bodily injury” means bodily injury that involves:
- (A) A substantial risk of death;
- (B) Protracted unconsciousness;
- (C) Extreme physical pain;
- (D) Protracted or obvious disfigurement; or
- (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and
- (3) “Wild animal” means all wild vertebrates, mollusks, crustaceans, and fish presently occurring within the state.
- (b) A person who is charged with taking, attempting to take, or harming a wild animal in violation of this title may assert the defense of self-defense if the wild animal taken, attempted to be taken, or harmed acted in a manner that caused:
- (1) The person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury;
- (2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
- (3) The belief of danger to be founded upon reasonable grounds.
- (c)
- (1)
- (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency.
- (B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
- (2) A violation of subdivision (c)(1) is a Class C misdemeanor.
- (d) The defense of self-defense shall not be available to a person who takes, attempts to take, or harms a wild animal if the person:
- (1) Has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or
- (2) Recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual.
- (e)
- (1) Notwithstanding this section to the contrary, and unless otherwise prohibited by federal law, a person who resides on property that adjoins the Great Smoky Mountains National Park may take, attempt to take, or harm a bear that enters onto the person's property if the bear acted in a manner that caused:
- (A) The person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury;
- (B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
- (C) The belief of danger to be founded upon reasonable grounds.
- (2)
- (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency.
- (B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
History (2)
- Acts 2015, ch. 173, § 1
- 2023, ch. 248, § 1.
Part 2 Wildlife Regulation and Protection § 70-4-201. Possession of or traffic in protected wildlife illegal — Exception — Penalty. - (a) It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any of the wildlife except as provided within this title or in rules and regulations promulgated by the commission.
- (b) Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with the intent to sell, barter or transfer for any consideration of a wild animal or wild bird, wild fowl or game fish, or part thereof, is a separate offense.
- (c) Any person hiring another to kill or capture wildlife and receiving the wildlife is deemed to be buying the wildlife and is subject to the penalties of this title. Officers of the wildlife resources agency or persons specially employed or designated by the executive director or by the United States fish and wildlife service may capture, buy, sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the sole purpose of obtaining evidence of violation of this title. The carcass of a lawful possession limit of opossum, raccoon or beaver may be bought, sold or shipped for sale during the open hunting or trapping season.
- (d) A violation of this section is a Class A misdemeanor; except that any violation of this section involving wildlife valued at five hundred dollars ($500) or more is a Class E felony.
History (16)
- Acts 1951, ch. 115, § 62 (Williams, § 5178.91)
- Acts 1959, ch. 145, § 4
- 1973, ch. 174, §§ 2, 3
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1979, ch. 194, § 1
- 1981, ch. 197, § 2
- 1982, ch. 738, § 26
- T.C.A. (orig. ed.), § 51-501
- Acts 1984, ch. 552, § 1
- 1986, ch. 531, § 2
- 1986, ch. 882, §§ 17, 18
- 1989, ch. 591, § 113
- 1990, ch. 891, § 19
- 1990, ch. 981, § 3
- 1998, ch. 909, §§ 2, 4.
§ 70-4-202. Use or possession of wildlife, hides or parts thereof illegally taken unlawful. - Any person who makes any use of or has in possession any wild animals, wild animals' green hides, wild birds, wild fowl or fish or parts thereof that have been caught, taken, killed or destroyed contrary to any of this title shall be equally liable under this title for the penalties imposed against the person who caught, took, killed, or destroyed such wild animals, wild animals' green hides, wild birds, wild fowl or fish who was formerly in possession of same.
History (3)
- Acts 1951, ch. 115, § 58 (Williams, § 5178.87)
- 1982, ch. 738, § 27
- T.C.A. (orig. ed.), § 51-502.
§ 70-4-203. Transportation of protected game or fish out of the state — Duty of transporters — Penalty. - (a) Any person who desires to take protected game or fish out of the state may do so under the following conditions, but not otherwise:
- (1) Such person must have in possession at the time of such taking out of the state, or at the time of transporting within the state, a hunting and fishing license, duly issued to such person under this title; and
- (2) Such person cannot take from the state more than two days' bag or creel limit on ducks or other migratory birds or protected game or fish.
- (b) Any officer of the wildlife resources agency, or assistant officer of the wildlife resources agency, sheriff, deputy sheriff, constable or other officer has the right to demand of any person possessing game and proposing to take it out of the state an inspection of such person's license. A refusal on the part of the person to exhibit the license is a Class C misdemeanor.
- (c) Any resident hunter may have game or fish transported home by filing with the common carrier a written statement with name and address, the number of such person's hunting license, and the number of game or fish to be so transported, and that the game or fish was legally killed by such person and is not for sale. A copy of the statement shall be attached to such person's game, or to whatever the game may be enclosed in.
- (d) It is unlawful for any person, company or common carrier to ship or transport any birds, game fish or animals as mentioned in this section, except as otherwise provided in this title, without having ascertained that the person offering the same for shipment was then and there in possession of a hunting and fishing license duly issued and covering the period when the shipment was offered, and without requiring such person to accompany the shipment.
- (e) A violation of this section is a Class C misdemeanor.
History (6)
- Acts 1951, ch. 115, §§ 59, 60
- 1953, ch. 255, § 5 (Williams, §§ 5178.88, 5178.89)
- 1959, ch. 145, § 4
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), §§ 51-503, 51-504
- Acts 1989, ch. 591, § 113.
§ 70-4-204. Cold storage of wildlife — Penalty for violations. - (a)
- (1) No person, firm or corporation shall place in cold storage at any one (1) time more than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish.
- (2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency.
- (b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or wild fowl or game fish stored in violation of this section is a separate offense.
History (6)
- Acts 1951, ch. 115, § 61 (Williams, § 5178.90)
- 1959, ch. 145, § 4
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-505
- Acts 1989, ch. 591, § 113.
§ 70-4-205. Use of state-controlled water areas and land bordering thereon. - (a)
- (1) In those places where any state agency or unit of state government owns in fee simple or controls through lease agreement water areas and the lands bordering such waters, it is illegal for individuals, persons, firms, corporations, or partnerships to place houses, docks, floats on, or to use as a landing area for boats, or to use for any purpose whatsoever, state-owned or controlled lands or waters, unless such rights and privileges are held by a signed, written agreement, for which a fee may be charged.
- (2) Where the lands are privately owned and the lake waters state owned or controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or attempt to use the state-owned waters for these purposes.
- (b) Each twenty-four-hour period during which a violation of this section persists or exists is a separate offense and is punishable as such.
- (c) A violation of this section is a Class C misdemeanor.
History (5)
- Acts 1951, ch. 115, § 55
- 1953, ch. 255, § 4 (Williams, § 5178.84)
- 1982, ch. 738, § 28
- T.C.A. (orig. ed.), § 51-509
- Acts 1989, ch. 591, § 113.
§ 70-4-206. Pollution of waters — Penalty for violations — Nuisance. - (a) No pollution, including, but not limited to, dye waste, petroleum products, brine waste, refuse from a mine, sawmill or construction activity, industrial or domestic sewage, or any deleterious or poisonous substance or activity, shall be thrown or be caused, or allowed to run into, wash into or take place in any waters, either private or public, in a manner injurious to fish life or other aquatic organisms, or that could be injurious to the propagation of fish, or that results in the destruction of habitat for fish and aquatic life.
- (b) A violation of this section is a Class A misdemeanor. Each day's violation of this section constitutes a separate offense and each five days' continuous violation also constitutes a public nuisance, subject to abatement by permanent injunction.
History (5)
- Acts 1951, ch. 115, § 28 (Williams, § 5178.57)
- 1982, ch. 738, § 29
- T.C.A. (orig. ed.), § 51-511
- Acts 1989, ch. 591, § 111
- 1990, ch. 891, § 20.
§ 70-4-207. Defacing and destroying notice of commission or agency — Penalty. - (a) It is unlawful for any person to deface, obliterate, tear down or destroy, in whole or in part, or attempt to deface, obliterate, tear down, or destroy any notice, proclamation or sign posted by the fish and wildlife commission or the wildlife resources agency.
- (b) A violation of this section is a Class C misdemeanor.
History (6)
- Acts 1951, ch. 115, § 57 (Williams, § 5178.86)
- impl. am. Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 30
- T.C.A. (orig. ed.), § 51-513
- Acts 1989, ch. 591, § 113
- 2012, ch. 993, § 13.
§ 70-4-208. Unlawful importation of skunks — Penalty. - (a) It is unlawful for any person to import, possess, or cause to be imported into this state any type of live skunk, or to sell, barter, exchange or otherwise transfer any live skunk, except that the prohibitions of this section shall not apply to bona fide zoological parks and research institutions.
- (b) Notwithstanding subsection (a), a person who possesses a valid wildlife rehabilitation permit issued by the agency may receive skunks from the wild for the purposes of rehabilitation and release only.
- (c) A violation of this section is a Class C misdemeanor.
History (5)
- Acts 1974, ch. 622, § 1
- 1982, ch. 738, § 31
- T.C.A., § 51-514
- Acts 1989, ch. 591, § 113
- 2018, ch. 652, § 1.
§ 70-4-209. Purchase or sale of red fox hides, furs or pelts. - (a)
- (1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as provided in subsection (b) or in counties open to the lawful taking of red fox.
- (2) A violation of this subsection (a) is a Class C misdemeanor.
- (b) When a red fox is legally killed, it is lawful to buy or sell green hides, raw furs or pelts of such red fox at any time in counties with the following population, according to the 1970 federal census or any subsequent federal census:
-
-
- 5,8005,900
- 7,4007,450
- 7,6007,650
- 8,0008,100
- 12,30012,350
- 12,55012,650
- 13,50013,600
- 13,61013,700
- 14,85014,900
- 19,40019,500
- 20,20020,300
- 20,70020,800
- 21,90022,000
- 22,40022,500
- 22,60022,700
- 25,50026,000
- 26,00026,100
- 28,00028,100
- 28,80028,900
- 30,40030,500
- 32,50032,600
- 33,70033,800
- 35,47035,500
- 36,90037,000
- 38,80038,900
- 47,80047,900
- 56,20056,300
- 60,25060,350
- 61,00063,500
- 65,70065,800
- 127,300127,400
-
History (16)
- Acts 1973, ch. 158, § 1
- 1977, ch. 419, § 1
- 1978, ch. 756, § 1
- 1979, ch. 329, §§ 1-3
- T.C.A., § 51-515
- Acts 1983, ch. 27, § 1
- 1983, ch. 272, § 1
- 1983, ch. 443, § 1
- 1984, ch. 593, § 1
- 1984, ch. 775, § 1
- 1985, ch. 3, § 1
- 1985, ch. 74, § 1
- 1985, ch. 235, § 1
- 1986, ch. 531, §§ 3, 4
- 1988, ch. 639, § 1
- 1989, ch. 591, § 113.
§ 70-4-210. Deer hides — Squirrel pelts and tails. - Notwithstanding any provision of law to the contrary, it is lawful for any person to buy, sell, store, or ship for sale, at any time the hides of deer and the pelts and tails of grey squirrels and fox squirrels taken during the open season.
§ 70-4-211. Nets and other fishing equipment near mouth of watercourse — Penalty. - (a) It is unlawful for any person, while fishing, to use any nets, seines, snag lines, drag lines, grab hooks, or baskets, or any other form of fishing equipment, or other obstruction of any character to the free passage of fish within one hundred (100) yards of the mouth of any river, creek, slough, inlet or outlet, except bait or casting plugs with not more than three (3) treble hooks attached, ordinary fly fishing equipment, and pole and line with not more than three (3) single hooks attached.
- (b) For the purposes of this section, “mouth of a stream” means the location of a line resulting from the projection or extension of the banks of the main stream that receives the tributary, except in the case of streams entering waters impounded by hydroelectric or flood control dams, in which case the mouth of the entering stream is defined as the line where the free, downstream movement of natural water is visibly reduced or retarded by the level of the impounded waters in the main stream.
- (c) A violation of this section is a Class C misdemeanor.
History (2)
- Acts 1983, ch. 281, § 1
- 1989, ch. 591, § 113.
Part 3 Hunter Protection Act § 70-4-301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Drone” means a drone as defined in § 39-13-609;
- (2) “Taking” means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking that occur on lands or waters upon which the affected person has the right or privilege to take such wild animal; and
- (3) “Wild animal” means any wild creature, the taking of which is authorized by the fish and game laws of the state.
History (2)
- Acts 1985, ch. 100, § 2
- 2014, ch. 629, § 1.
§ 70-4-302. Violations — Penalty. - (a) Any person who performs any of the following commits a Class C misdemeanor:
- (1) Interferes with the lawful taking of a wild animal by another with intent to prevent the taking;
- (2) Disturbs or engages in an activity that will tend to disturb wild animals, with intent to prevent their lawful taking;
- (3) Disturbs another person who is engaged in the lawful taking of a wild animal or who is engaged in the process of taking, with intent to dissuade or otherwise prevent the taking;
- (4) Enters or remains upon public lands, or upon private lands without permission of the owner or the owner's agent, with intent to violate this section;
- (5) Fails to obey the order of a peace officer to desist from conduct in violation of this section if the officer observes such conduct, or has reasonable grounds to believe that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day on a specific premises; or
- (6) Uses a drone with the intent to conduct video surveillance of private citizens who are lawfully hunting or fishing without obtaining the written consent of the persons being surveilled prior to conducting the surveillance.
- (b) As used in subsection (a), “any person” means any individual, firm, association, company, partnership, corporation, public or private organization, institution or similar entity.
History (3)
- Acts 1985, ch. 100, § 3
- 1989, ch 591, § 113
- 2014, ch. 629, § 2.
§ 70-4-303. Injunctions — Damages — Construction. - (a) Any court may enjoin conduct that would be in violation of § 70-4-302 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
- (b) A court may award damages to any person adversely affected by a violation of § 70-4-302, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by prevention of the taking of a wild animal.
- (c) No provision of this part shall be construed to prohibit or otherwise restrict any landowner, tenant, or employee of a landowner from engaging in normal activities on or normal use of the land or property, and such activities or use shall not be deemed unlawful pursuant to any provision of this part. No provision of this part shall be construed so as to interfere with the right of the landowner to prohibit trespass upon the landowner's property by any person.
Part 4 Exotic Animals § 70-4-401. Prohibited acts. - (a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee fish and wildlife commission pursuant to this part.
- (b) No person shall possess Class I or Class II wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition.
History (2)
- Acts 1991, ch. 487, § 1
- 2012, ch. 993, § 13.
§ 70-4-402. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Agency” means the Tennessee wildlife resources agency;
- (2) “Cage” means the primary enclosure in which an animal is held;
- (3) “Circus” means a public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals, but does not include wrestling bears or any type of show in which there is direct contact between the public and a Class I animal, except as otherwise provided for in this part;
- (4) “Commercial propagator” means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located;
- (5) “Commission” means the Tennessee fish and wildlife commission;
- (6) “Mobile facility” means a facility designed for the transporting of animals or for the holding of animals on a temporary basis;
- (7) “Native wildlife” means those species presently occurring in the wild in Tennessee and those extirpated species that could reasonably be expected to survive in the wild if reintroduced;
- (8) “Perimeter fence” means a secondary fence that prevents the public from touching the cage in which the animal is held;
- (9) “Permanent exhibitors” means those exhibits that are housed the entire year in facilities located within this state;
- (10) “Personal possession permit” means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers;
- (11) “Poisonous” means any toxic substance secreted from the skin of an animal and that causes injury or death when absorbed or ingested;
- (12) “Stationary facility” means the primary holding facility, including cage and barriers that remain in a fixed location;
- (13) “Temporary exhibitors” means those transient animal acts not permanently located within the boundaries of this state; and
- (14) “Venomous” means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death.
History (3)
- Acts 1991, ch. 487, § 1
- 2012, ch. 993, § 13
- 2024, ch. 636, § 2.
§ 70-4-403. Classifications of wildlife. - Live wildlife, kept and maintained for any purpose, shall be classified in the following five (5) classes:
- (1) Class I — This class includes all species inherently dangerous to humans. These species may only be possessed by zoos, circuses and commercial propagators, except as otherwise provided in this part. The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class I wildlife by promulgating rules and regulations. The following is a listing of animals considered inherently dangerous:
- (A) Mammals:
- (i) Primates — Gorillas, orangutans, chimpanzees, gibbons, siamangs, mandrills, drills, baboons, Gelada baboons;
- (ii) Carnivores:
- (a) Wolves — All species;
- (b) Bears — All species; and
- (c) Lions, tigers, leopards, jaguars, cheetahs, cougars — All species;
- (iii) Order Proboscidia: Elephants — All species;
- (iv) Order Perissodactyla: Rhinoceroses — All species; and
- (v) Order Artiodactyla: Hippopotamus, African buffalo;
- (B) Reptiles:
- (i) Order Crocodylia: Crocodiles and alligators — All species; and
- (ii) Order Serpentes: Snakes — All venomous species; and
- (C) Amphibians: All poisonous species;
- (2) Class II — This class includes native species, except those listed in other classes;
- (3) Class III — This class requires no permits except those required by the department of agriculture, and includes all species not listed in other classes and includes, but is not limited to, those listed in subdivisions (3)(A)-(Q). The commission, in conjunction with the commissioner of agriculture, may add or delete species from the list of Class III wildlife by promulgating rules and regulations:
- (A) Nonpoisonous reptiles and amphibians except caimans and gavials;
- (B) Rodents — Gerbils, hamsters, guinea pigs, rats, mice, squirrels and chipmunks;
- (C) Rabbits, hares, moles and shrews;
- (D) Ferrets and chinchillas;
- (E) Llamas, alpacas, guanacos, vicunas, camels, giraffes and bison;
- (F) Avian species not otherwise listed, excluding North American game birds, ostriches and cassowary;
- (G) Semi-domestic hogs, sheep and goats;
- (H) All fish held in aquaria;
- (I) Bovidae not otherwise listed;
- (J) Marsupials;
- (K) Common domestic farm animals;
- (L) Equidae;
- (M) Primates not otherwise listed;
- (N) Bobcat/domestic cat hybrids;
- (O) Hybrids resulting from a cross between a Class II species and a domestic animal or Class III species;
- (P) Cervidae except white-tailed deer and wild elk. Elk originating from a legal source while held in captivity for the purpose of farming shall be regarded as Class III wildlife. All other elk shall be wild elk and shall be regarded as Class II wildlife. No person shall possess elk in captivity within the eastern grand division of the state as defined in § 4-1-202 without having documentary evidence indicating the origin of the elk being held. This documentary evidence will be presented to the agents of the department of agriculture or the wildlife resource agency upon request. Sale documentation of offspring of purchased elk is not required; and
- (Q) Furbearing mammals, including those native to Tennessee, raised solely for the sale of fur;
- (4) Class IV — This class includes those native species that may be possessed only by zoos and temporary exhibitors; provided, that rehabilitation facilities may possess Class IV wildlife as provided by rules established by the commission if authorized by a letter from the director of the agency:
- (A) Black bear (Ursus americanus);
- (B) White-tailed deer (Odocoileus virginianus);
- (C) Wild turkey (Meleagris gallapavo), including the eggs of wild turkey;
- (D) Hybrids of a Class IV species other than bobcat shall be Class IV; and
- (E) Animals that are morphologically indistinguishable from native Class IV wildlife shall be Class IV; and
- (5) Class V — This class includes such species that the commission, in conjunction with the commissioner of agriculture, may designate by rules and regulations as injurious to the environment. Species so designated may only be held in zoos under such conditions as to prevent the release or escape of such wildlife into the environment.
History (4)
- Acts 1991, ch. 487, § 1
- 1996, ch. 992, § 1
- 2001, ch. 103, § 5
- 2024, ch. 636, § 3.
§ 70-4-404. Permits — Fees. - (a) The agency shall issue permits for possessing live wildlife as defined in this part.
- (b)
- (1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept.
- (2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity.
- (c) Class I wildlife.
- (1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. This section applies solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife.
- (2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions:
- (A) The applicant must be at least twenty-one (21) years of age;
- (B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience;
- (C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and
- (D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment.
- (3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler.
- (d) No person shall hold live wildlife in captivity without first obtaining the appropriate permit as provided in this part. The annual permits and fees for holding live wildlife are as follows:
- (1) Personal Possession.
- (A) Class I: $150/animal or $1,000/facility; and
- (B) Class II: $10.00/animal or $100/facility;
- (2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required;
- (3) Commercial Propagator. $1,000/facility for Class I wildlife;
- (4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl;
- (5) Importation. $10.00/shipment or $100 per year;
- (6) Temporary Exhibitor. $100/30 day period;
- (7) Permanent Exhibitor. $500/year/facility;
- (8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game;
- (9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements;
- (10) Qualification Examination. $10.00/examination; and
- (11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge.
§ 70-4-405. Housing and transportation of wildlife — Requirements. - (a) Wildlife housed in dangerously unsafe conditions constituting a threat to human safety shall, at the direction of agency personnel, be placed in agency approved facilities at the owner's expense.
- (b) Any condition that results in wildlife escaping from its enclosure, cage, leash or other constraint shall be considered maintaining wildlife in an unsafe manner and shall be a violation of this part.
- (c) Cages shall be sufficiently strong to prevent escape and to protect the caged animal from injury.
- (d) No person shall maintain any wildlife in captivity in any unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of such wildlife, nor shall any species of wildlife be confined in any cage or enclosure that does not meet the cage specifications.
- (e) Enclosure in which wildlife is held in captivity shall be maintained as follows:
- (1) Water. Drinking water shall be provided daily in clean containers. Swimming or wading pools shall be cleaned as needed to ensure good water quality. Enclosures shall provide adequate drainage of surface water;
- (2) Food. Food provided shall be unspoiled and not contaminated; and
- (3) Waste. Fecal and food waste shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked every three (3) days and the waste removed.
- (f) The commission may promulgate rules and regulations requiring specific cage requirements for any species of live wildlife.
- (g) Stationary facilities — Class I wildlife.
- (1) All stationary facilities must be surrounded by a perimeter fence, or secondary barrier, of at least eight feet (8′) in height and a minimum of four feet (4′) from the cage holding the animal, or such other fencing, building or other protection of the enclosure where the animal is kept sufficient to prevent unauthorized public entry or direct physical contact between the animal and the public.
- (2) All cages shall be well braced and securely fastened to the floor or in the ground and shall utilize metal clamps or braces of equivalent strength as that prescribed for cage construction.
- (3) All cage entrances shall have double safety doors, one (1) of which only opens to the inside. These doors must remain locked at all times when unattended with chains and locks of sufficient strength to prevent the animal from breaking open the door if highly excited.
- (4) All cages shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two (2) compartments may be used.
- (5) All outdoor cages shall provide adequate shelter from inclement weather conditions, shade from the sun and provide for the protection and health of the wildlife held.
- (6) The mesh size or distance between bars shall be sufficiently small to prevent the escape of the animal being held.
- (7) Restraint by tethering cannot be used as a means to hold an inherently dangerous animal in captivity, except for elephants within a perimeter fence or trained elephants under the immediate supervision of a qualified trainer or handler.
- (8) All animals shall be kept in cages that meet the following minimum criteria, or shall be housed in buildings in which the strength of the walls, and the restraints affixed to all windows, doors and other means of entry or exit in effect meet such minimum criteria:
- (A) Felidae and Ursidae.
- (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11′) high with the top three feet (3′) of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage;
- (ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent;
- (B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (11½) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9′) high with the top three feet (3′) of fencing turned in at a forty-five degree (45°) angle;
- (C) Elephants, rhinoceros, hippopotamus and African buffalo.
- (i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength;
- (ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage;
- (D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed;
- (E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2″) galvanized pipe, reinforced masonry block or their strength equivalent;
- (F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and
- (G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5′) in height of not less than eleven and one-half (11½) gauge chain link or equivalent.
- (9) A facility that meets the requirements to be a zoological institution may use methods approved by the American Association of Zoological Parks and Aquariums for the purposes of restraint, containment and the prevention of escape and public contact for Class I animals, instead of the requirements listed in the preceding subdivisions.
- (h) Mobile facilities. No mobile facility shall be used in transporting any wildlife except as follows:
- (1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals;
- (2) The animal traveling area shall be free of engine exhaust fumes;
- (3) Animal cages shall have openings for the emergency removal of wildlife;
- (4) Cages shall be large enough to ensure that each specimen has sufficient room to stand erect and lie naturally;
- (5) Wildlife transported in the same cage area shall be in compatible groups;
- (6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be constructed of steel or case hardened aluminum of sufficient strength to prevent the escape of wildlife being transported. Such facilities shall be constructed in such a manner to prevent contact between the animal or animals and the general public. All doors shall be locked when the facility is in use;
- (7) Poisonous reptiles, including venomous snakes, shall only be transported in a strong, closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which shall be screened. Boxes containing poisonous reptiles, including venomous snakes, shall be locked and prominently labeled “Danger — Venomous Snakes” or “Danger — Poisonous Reptiles,” and shall include the owner's name, address, telephone number, and list of number and species being transported;
- (8) Temporary exhibits shall be housed in cages that meet the minimum cage specifications as provided in the section on stationary facilities when such wildlife is present in any geographical location for more than ten (10) days; and
- (9) Prior to entering this state, temporary exhibitors shall submit a schedule that details the exact locations and dates of shows and places where such wildlife will be exhibited while in the state. Failure to provide such a schedule upon application for a permit shall be grounds to deny issuance of such permit.
History (3)
- Acts 1991, ch. 487, § 1
- 1993, ch. 287, § 1
- 2024, ch. 636, § 4.
§ 70-4-406. Liability for escape — Limitation of state's liability. - (a) Any person who keeps Class I wildlife is liable for any costs incurred by any person, city, county or state agency resulting from the escape from captivity of the animal or animals.
- (b) Neither the state of Tennessee nor any agency, employee or agent of the state of Tennessee is liable for any animal that expires, is injured or is destroyed. Neither the state of Tennessee nor any agency, employee or agent of the state of Tennessee is liable for any damage or injury caused by live wildlife under a permit issued pursuant to this part.
§ 70-4-407. Transfer of Class I wildlife — Notification. - (a) Prior to the transfer of any Class I wildlife to a new owner, the prospective owner must provide the seller with proper documentation of an approved holding facility for that species. Proper documentation consists of a copy of a current permit for that species or a letter from the Tennessee wildlife resources agency stating that the facilities have been inspected and are approved. Any transfer without approved holding facilities is a violation of this part by the seller, who shall provide housing for the animal at such seller's cost until the transferee can provide approved facilities or until final court actions are concluded. If the seller does not provide housing, such seller shall be liable for costs incurred by the agency for providing such housing.
- (b) Permittees must notify the agency of any transfer of Class I wildlife within five (5) days of the transfer on forms provided by the agency.
§ 70-4-408. Owners of unpermitted wildlife — Disposition of such wildlife. - Owners of unpermitted wildlife who do not qualify for a permit to possess such wildlife shall dispose of such wildlife to an approved recipient within thirty (30) days of notification by the agency. Each day of possession of unpermitted wildlife after such thirty-day period constitutes a separate violation.
§ 70-4-409. Inspections. - (a) Any person possessing live wildlife in Class I or Class II shall, during normal business hours and at all reasonable times, and without the necessity of a search warrant, allow the executive director or any officer or employee of the agency to inspect all animals, facilities and records relating to such animals for the purpose of ensuring compliance with this part.
- (b)
- (1) Notwithstanding subsection (a) to the contrary, in Roane County the executive director or any officer or employee of the agency may be accompanied on such inspections of animals, facilities and records relating to such animals by the county mayor or the county mayor's designee from the office of the county sheriff or the county office of emergency management.
- (2) The commission is authorized to promulgate rules and regulations to effectuate the purposes of subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
History (3)
- Acts 1991, ch. 487, § 1
- 2011, ch. 339, §§ 1, 2
- 2003, ch. 90, § 2.
§ 70-4-410. Propagation of Class I or Class II wildlife — Permit. - (a) Before any person may engage in the business of propagating or otherwise obtaining Class I or Class II wildlife for sale, barter or trade, whether indigenous to this state or not, such person must obtain and possess a permit for each propagating location. A personal possession permit is not required to be purchased in addition to a propagation permit.
- (b) Any nonresident who enters the state for the purpose of selling Class I or Class II wildlife species in this state shall also be required to purchase and possess a permit.
- (c) All permits under this section shall comply with all provisions of the United States Code and the Code of Federal Regulations relating to exotic animals, their care, propagation, importation and sale.
- (d) Artificially propagated wildlife may be propagated, sold, possessed, released or exported in accordance with the rules and regulations prescribed by the commission and, in the case of migratory birds, the regulations prescribed by the federal government.
- (e) Only commercial propagators may qualify for a permit to propagate Class I wildlife and may transfer Class I wildlife only to persons or entities approved to possess Class I wildlife. First time commercial propagators shall have one (1) permit year to meet the criteria as defined in § 70-4-402(4). Renewal of a commercial propagator permit is conditional on the permittee having met the definition of a commercial propagator during the prior permit year.
History (2)
- Acts 1991, ch. 487, § 1
- 2024, ch. 1056, § 2.
§ 70-4-411. Importation of wildlife — Permits — Papers. - (a) All persons wishing to possess Classes I and II live wildlife obtained outside this state shall have in their possession the importation permit required by this part. The permit and all bills of lading and shipping papers relating to any wildlife that such person may have in such person's possession shall be open and available for inspection at all reasonable times by authorized agency officers and employees for the purpose of ensuring compliance with this part.
- (b) Animals brought into this state under the authority of an annual importation permit must be reported to the agency within five (5) days of the date of importation.
- (c) An importation permit is required for all interstate movement of live wildlife except Class III, except no permit is required for zoos and temporary exhibitors.
§ 70-4-412. Release of wildlife. - It is unlawful to release any class of wildlife in Tennessee except in accordance with the rules and regulations promulgated by the commission.
§ 70-4-413. Private wildlife preserves — Hunting. - (a) It is unlawful for any person to operate a private wildlife preserve for the purpose of propagating or hunting, or both, any class of wildlife reared in captivity unless that person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules and regulations promulgated by the commission.
- (b) It is lawful to hunt approved species of pen-reared and farm-reared animals on such preserve.
- (c) Persons hunting pen-reared animals on such preserve are not required to possess a hunting license.
§ 70-4-414. Raptors — Falconry permit. - (a) Before any person may take, transport or possess raptors for the purpose of falconry, such person shall first obtain a falconry permit in accordance with the rules and regulations promulgated by the commission. This permit is supplemental to all other permits and licenses required for hunting as provided in this title, except that a holder of a falconry license may import and possess raptors legally obtained without the necessity of an importation permit.
- (b) Rules and regulations promulgated by the commission shall govern the taking, importation, possession and use of raptors, and shall require applicants for such permit to satisfactorily pass a written examination attesting to their qualification to possess and use falcons. The rules and regulations may provide for a waiver of the examination if the applicant has satisfactorily passed an examination in any other state that the commission deems comparable to the Tennessee examination. The rules and regulations shall not be less restrictive than federal regulations governing taking, transporting, possessing and using raptors for the purpose of falconry.
§ 70-4-415. Authority of officers of agency — Violations — Penalties — Forfeitures. - (a) Any officer of the agency, upon finding a violation of this part, of the terms of the permit or rules and regulations promulgated pursuant to this part, may, as appropriate:
- (1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority, issue a finding of a violation, along with a warning to remedy the violation by a specified date. Each day's continuation after such date constitutes a separate violation;
- (2) Give three days' written notice of seizure to the alleged offender, and make application to a court of proper jurisdiction for an order to seize any items or wildlife held, used or transported in violation of this part, the permit or rules or regulations promulgated pursuant to this part; provided, that if such officer determines that the public health, safety or welfare imperatively requires emergency action, the notice requirement shall be suspended and such officer may make immediate application to the court for seizure; and provided further, that if the emergency is such that the wildlife presents a present or imminent life-threatening situation or is likely to do so under the circumstances, then such officer or any member of the agency who may be present and assisting the officer may destroy such wildlife; and
- (3) Take any other reasonable and appropriate actions otherwise provided by law, including, but not limited to, the action provided for under § 70-4-405(a).
- (b) Any person violating any provision of this part, including a failure to remedy under subdivision (a)(1), or who violated the terms of any permit or rules and regulations promulgated pursuant to this part, commits a Class A misdemeanor; provided, that in the discretion of the court, and in lieu of or in addition to a fine or a jail sentence, or both, the person's permit may be revoked, and such person shall be precluded from applying for or obtaining a permit under this part for a period not to exceed three (3) years.
- (c) In the event of revocation of a person's permit, the court shall determine whether or not the items seized pursuant to subdivision (a)(2) shall be ordered forfeited to the state.
- (d) When any item or wildlife is forfeited, the court shall enter an order accordingly and the contraband property shall be sold at public sale by the commissioner of general services or as otherwise provided by rules and regulations, or donated to a worthy recipient. However, upon request of the agency at the trial of the matter, the court, as a part of its order, may direct that specific items or wildlife, which the court has ordered forfeited, be awarded to the agency for use as educational or training purposes.
- (e) No item or wildlife seized by the agency may be forfeited or disposed of in the discretion of the court, unless the offender has been convicted of the offense charged and all appeals from such conviction have been exhausted. An appeals bond shall be required to cover the cost of holding and maintaining such animals held, pending final disposition of the appeal.
§ 70-4-416. Notification of escape — Injuries. - Permittees shall immediately notify the agency or local law enforcement officials of any escape of Class I wildlife. Any personal injury inflicted by any species of captive wildlife requiring medical treatment shall be reported to the agency within forty-eight (48) hours of the injury, and a complete report provided regarding the nature and circumstances of the injury.
§ 70-4-417. Cost of administration. - The cost of administration of this part as it relates to wildlife not indigenous to this state shall be borne by the general fund and revenues collected pursuant to this part.
§ 70-4-418. Implantation of microchips in Class I carnivores. - (a) Any person who obtains a Class I carnivore on or after July 1, 2015, shall, within six (6) months of obtaining the animal, have a microchip permanently implanted in the animal. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five kilohertz (125 kHz), one hundred thirty-four and two-tenths kilohertz (134.2 kHz), or four hundred kilohertz (400 kHz).
- (b) Any person who possesses a Class I carnivore prior to July 1, 2015, and who continues to possess the animal on or after July 1, 2015, shall have a microchip that meets the technical specifications described in subsection (a) permanently implanted in the animal by July 1, 2018.
Part 5 Computer-Assisted Hunting from Remote Locations § 70-4-501. Part definition. - “Computer-assisted remote hunting” means the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife.
§ 70-4-502. Prohibition. - A person may not engage in computer-assisted remote hunting or provide or operate facilities for computer-assisted remote hunting if the wildlife being hunted is located in this state.
§ 70-4-503. Exceptions. - It is an exception to the application of this part that a person provides only:
- (1) General purpose equipment, including a computer, camera, and building materials;
- (2) General purpose computer software, including an operating system and communication programs; or
- (3) General telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.
Chapter 5 Wildlife Preserves and Restoration Projects § 70-5-101. Establishment of hunting areas, refuges, and wildlife management areas — Prohibited acts. - (a) The wildlife resources agency has the power and authority to establish, with the consent of the property owner, public hunting areas, refuges, or wildlife management areas, wherever it deems necessary or feasible for the protection, propagation and management of wildlife, or any of these.
- (b)
- (1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any wildlife within such areas or to trespass on such areas, except as provided by proclamation or rule or regulation. Such areas shall be posted in conspicuous places. The executive director is authorized to issue permits for the destruction of predatory wildlife within such areas.
- (2) A violation of subdivision (b)(1) is a Class C misdemeanor.
- (c) Notwithstanding subsection (b), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area or wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (c) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.
- (d) Nothing in this section shall authorize a person with a hand gun carry permit to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law.
- (e) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations.
- (f)
- (1) Subject to existing rights, lands managed by the wildlife resources agency shall be open to access and use for recreational hunting and fishing, except as limited by the agency for reasons of public safety, homeland security, or as otherwise limited by law.
- (2) For the purposes of this subsection (f), lands managed by the agency include lands owned by the agency, as well as lands owned by other public entities for which the agency regulates hunting and fishing.
- (3) The agency shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting and fishing opportunities to the extent authorized by law.
- (4) The agency is not required to give preference to hunting and fishing over other uses or priorities established by state law.
- (5) Agency decisions and actions shall not result in any net loss of any acreage available for hunting and fishing opportunities.
- (6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate a written report containing:
- (A) The estimated acreage managed by the agency that has been closed to recreational hunting and fishing during the previous fiscal year and the reasons for the closures;
- (B) The estimated acreage managed by the agency that was opened to recreational hunting and fishing to compensate for the estimated acreage that was closed during the previous fiscal year; and
- (C) The estimated acreage of new public hunting and fishing lands added to the existing hunting and fishing lands base since the previous report.
- (7) When lands owned by the agency are closed to hunting or fishing, the agency shall mitigate the closure by opening new lands to be used for the same purpose, within twelve (12) months of closure. The managed lands to be opened shall be at least equal to the acreage of lands closed by the agency and shall be located in the same grand division of the state in which the closed lands are located. The agency shall not be responsible for mitigation of land closures when lands not owned by the agency are removed from the agency's control or closed to hunting and fishing by the owning entity.
- (8) The agency is exempt from this subsection (c) when closing or utilizing acreages of public hunting and fishing lands for the following purposes:
- (A) Firearm and archery shooting ranges;
- (B) Road development and maintenance;
- (C) Service buildings;
- (D) Administrative buildings;
- (E) Creation of agency lakes;
- (F) Agency project-related parking;
- (G) Establishment of wildlife refuges; and
- (H) Development and maintenance of a proposed or existing greenway connecting Davidson, Wilson and Rutherford counties on land that is owned by the Nashville district of the United States army corps of engineers.
- (9) This subsection (f) shall have no effect on the agency's authority or ability to regulate hunting and fishing, including its ability to set season times and lengths, and bag limits.
History (12)
- Acts 1951, ch. 115, § 56
- 1953, ch. 255, § 4 (Williams, § 5178.85)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- 1982, ch. 738, § 32
- T.C.A. (orig. ed.), § 51-601
- Acts 1989, ch. 591, § 113
- 1990, ch. 891, § 21
- 2007, ch. 87, §§ 1, 2
- 2009, ch. 606, § 2
- 2012, ch. 604, § 23
- 2013, ch. 236, § 11.
§ 70-5-102. Acquisition of property — Authority of agency. - (a) The wildlife resources agency is authorized and empowered to acquire by purchase, gift, lease or otherwise, and to hold title to, in the name of the state of Tennessee, lands and waters to be known as the state wildlife preserves, and also is authorized to execute on behalf of the state valid and binding contracts, for the purchase, sale and lease of such wildlife preserves as are deemed for the best interest of the state in establishing a system of state wildlife preserves.
- (b) The agency is hereby expressly authorized to pay out of the wildlife resources fund the pro rata part of any current real property taxes due and owing on any real property that the commission may acquire by purchase or otherwise for the calendar year in which such property may be acquired.
- (c) The agency shall not construct or authorize the construction of dikes, dams, levees, or other artificial structures on preserve property in such a way as to cause flooding on adjacent private lands or to restrict natural drainage of private lands through such preserves. Affected landowners may seek injunctive relief to enforce these provisions and prevent harm to their properties.
- (d) The agency, in acquiring property adjacent to Reelfoot Lake and the state lands surrounding it, may proceed to acquire such lands under title 29, chapter 17, parts 7 and 8, in order to expedite the acquisition of the title to such lands.
History (10)
- Acts 1937, ch. 252, § 2
- impl. am. Acts 1949, ch. 50, § 10
- C. Supp. 1950, § 5178.13 (Williams, § 5176.6)
- Acts 1959, ch. 126, § 3
- impl. am. Acts 1974, ch. 481, § 9
- 1974, ch. 481, § 21
- modified
- 1975, ch. 213, § 1
- T.C.A. (orig. ed.), § 51-602
- Acts 1985, ch. 350, § 5.
§ 70-5-103. Acquisition of delinquent tax lands. - The agency or its authorized representatives are empowered and authorized to examine delinquent tax lists in the hands of the trustees of the various counties of the state, as well as the commissioner of revenue, and shall cooperate with the county trustees, the commissioner of revenue, or any back tax attorneys, in obtaining the sale of land and waters that, in its opinion, are suitable for state wildlife preserves, and shall cooperate with the governor in acquiring title to such lands and waters in the name of the state and the dedication of the lands and waters as state wildlife preserves.
History (7)
- Acts 1937, ch. 252, § 2
- impl. am. Acts 1949, ch. 50, § 10
- C. Supp. 1950, § 5178.13 (Williams, § 5176.6)
- impl. am. Acts 1959, ch. 9, § 14
- Acts 1974, ch. 481, § 21
- modified
- T.C.A. (orig. ed.), § 51-603.
§ 70-5-104. Payment for lands and waters — Procedure upon default. - (a) In acquiring lands and waters for wildlife preserves and in executing contracts for the purchase, sale, or lease of such state wildlife preserves, as provided for in §§ 70-1-302(a) and (b), 70-5-102 and 70-5-103, the agency is authorized to acquire and pay for such lands and waters in the name of the state over a period of years, and is authorized to execute promissory notes as evidence of the deferred payments, such notes in no event to bear interest in excess of three percent (3%) per annum, but shall incur no personal liability by reason of the execution of such deferred purchase money notes.
- (b) In the event the state defaults in the payment of such purchase money notes, the holder or holders of vendors' liens to secure the payment of the purchase price shall have a right to bring a proceeding in rem in a court of competent jurisdiction for the purpose of enforcing such vendors' liens and acquiring title to the property, but in no event shall the holder of such vendors' liens or deferred notes have a right to obtain a deficiency judgment against the state or any state official.
History (7)
- Acts 1939, ch. 162, § 1
- impl. am. Acts 1949, ch. 50, § 10
- C. Supp. 1950, § 5178.13 (Williams, § 5176.6)
- impl. am. Acts 1974, ch. 481, §§ 5, 22
- Acts 1974, ch. 481, § 21
- modified
- T.C.A. (orig. ed.), § 51-604.
§ 70-5-105. Dedication of property for preserves by governor. - The governor is authorized and empowered to designate and set apart suitable lands and waters that have or may hereafter revert to and become the property of the state on account of delinquent taxes, or any lands or waters held or that may be given to the state by donation or otherwise, and, in the governor's discretion and judgment, shall, by public proclamation, set apart and dedicate such lands and waters for wildlife preserves and declare the establishment of such preserves and fix the limits of the lands and waters for state wildlife preserves.
History (4)
- Acts 1937, ch. 252, § 2
- C. Supp. 1950, § 5178.13 (Williams, § 5176.6)
- modified
- T.C.A. (orig. ed.), § 51-605.
§ 70-5-106. Establishment of fish preserves — Powers of commission — Penalty for violations. - (a) The fish and wildlife commission has the power and authority, in its discretion, to set aside waters within the jurisdiction of the state as fish preserves in which it is unlawful to take, catch or kill fish, or to attempt to do so, except as provided in this section.
- (b) Upon the establishment of such fish preserves, notices of such establishment shall be inserted once in a newspaper regularly published in each of the counties in which such designated waters are located, or if there be no newspaper published in any such county, the notice of such establishment shall be once inserted in a newspaper published in the county nearest to which such waters are located.
- (c) The commission has the power and authority to close the waters against fishing of all kinds, and to reopen the same for fishing when it deems the water has been closed a sufficient time for restocking.
- (d) Notices of the establishment of such fish preserves shall also be posted in conspicuous places surrounding or along the route of the waters designated.
- (e) A violation of this section is a Class C misdemeanor.
History (5)
- Acts 1951, ch. 115, § 21 (Williams, § 5178.50)
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-606
- Acts 1989, ch. 591, § 113
- 2012, ch. 993, § 13.
§ 70-5-107. Construction and maintenance of state parks — Reelfoot Lake facilities — Wildlife management areas designated — Penalty for violations. - (a)
- (1) The supervision and control over all, or any part, of the lands belonging to the state and vested in this chapter in the executive director, with the exception of such lands as may have been or may hereafter be acquired by the use of federal aid funds, may, at any time hereafter, be transferred by the wildlife resources agency, with the approval of the governor and the commissioner of environment and conservation, to the division of parks and recreation, for the purpose of constructing and maintaining state parks.
- (2) In the event of any such transfer, the agency may retain joint use of any office buildings or facilities situated on such lands as may be transferred and necessary for its use.
- (3) The commissioner of environment and conservation has the same power and authority to grant leases of property transferred to the department of environment and conservation upon the same conditions and terms as provided in this chapter for the executive director.
- (b) Leases executed under this section shall be approved by the governor and the attorney general and reporter.
- (c) Prior to the construction of any facility or improvement on state lands at Reelfoot Lake, the plans and specifications for the construction shall be presented to the department or agency having jurisdiction over the lands, which shall authorize such construction as is deemed appropriate, and such authorization shall be evidenced by written supplements to the leases. The executive director, under the supervision of the agency, is authorized to permit the construction, maintenance, and operation of facilities deemed necessary for the best utilization of Reelfoot Lake in the public interest, such facilities or developments to include, but not be limited to, boat docks, fishing piers, camp sites, trailer camps, picnic areas, hotels, motels, restaurants, fish markets and other retail stores, and to grant leases of lands for a period of twenty (20) years or less upon such terms and for such purposes as may be deemed reasonable in the public interest. The leases may contain a provision giving the lessee the option of renewing the lease upon like terms and conditions and for the same term. The leaseholds may be sold; provided, that the sale has been approved by the executive director, the governor, and the attorney general and reporter, but a sale made without their approval shall be void. Furthermore, the executive director has the power to remove any person or persons, at any time, from any of the islands or other lands on Reelfoot Lake belonging to the state who fail to observe the laws, rules and regulations governing the islands or waters of the lake, or who violate any of the provisions of any agreement or lease entered into with the executive director. All revenues collected pursuant to such leases by the agency shall be set aside by the agency to be used exclusively for habitat and resource development at Reelfoot Lake.
- (d)
- (1) All lands owned in fee simple by the state of Tennessee or by condemnation or by lease, surrounding the waters of, or which are surrounded by, the waters of Reelfoot Lake, are hereby designated as a state wildlife management area, except for those properties operated by the division of parks and recreation, as the Reelfoot Lake state resort park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres.
- (2) It is hereby declared that the ordinary high water mark of Reelfoot Lake is two hundred eighty-five feet (285′) mean sea level.
- (3) Notwithstanding any other law to the contrary, exclusive control over the water level in Reelfoot Lake is hereby vested in the executive director.
- (e) A violation of this section is a Class C misdemeanor.
History (15)
- Acts 1951, ch. 115, §§ 54, 56
- 1953, ch. 255, § 4 (Williams, §§ 5178.83, 5178.85)
- 1955, ch. 59, § 1
- 1955, ch. 205, § 1
- 1957, ch. 28, § 1
- 1957, ch. 169, § 1
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-607
- Acts 1984, ch. 540, § 1
- 1984, ch. 548, § 5
- 1985, ch. 350, §§ 9, 11
- 1989, ch. 591, § 113.
§ 70-5-108. Acquisition of game and fish rights on private property — Nature of rights acquired — Penalty for violations. - (a) The executive director is authorized and empowered to acquire by gift, devise, lease, purchase or otherwise the exclusive game and fish rights on any privately owned lands or waters in this state, which game and fish rights shall include the right to manage, administer, protect, stock, and propagate wild birds, wild animals and fish upon these areas, and the right to permit hunting and fishing upon these areas in accordance with rules and regulations proclaimed by the commission.
- (b) Any violation of such rules and regulations proclaimed by the commission is a Class C misdemeanor.
- (c) The game and fish rights authorized to be acquired in this section shall be acquired for any period of years that the private owner may agree to by appropriate instruments in writing, signed and acknowledged by the owner or owners of the areas, and the executive director is hereby authorized to have these leases duly recorded in the office of the register of deeds for the county or counties in which the land is located.
History (5)
- Acts 1941, ch. 103, §§ 1, 2
- C. Supp. 1950, §§ 5193.4, 5193.5 (Williams, §§ 5193.3, 5193.4)
- impl. am. Acts 1974, ch. 481, §§ 6, 7, 17
- T.C.A. (orig. ed.), §§ 51-613, 51-614
- Acts 1989, ch. 591, § 113.
§ 70-5-109. Posting notices of rules and regulations. - Before any rules and regulations proclaimed by the fish and wildlife commission relative to such game and fish rights become effective, there shall be posted printed notices in prominent places and at adequate intervals around the boundary line of the area on which such game and fish rights have been acquired; provided, that the fact that one (1) or more notices have been torn down or removed after having been posted in accordance with this section shall not constitute an excuse or defense for a violation of such rules and regulations.
History (5)
- Acts 1941, ch. 103, § 3
- C. Supp. 1950, § 5193.6 (Williams, § 5193.5)
- impl. am. Acts 1974, ch. 481, §§ 7, 17
- T.C.A. (orig. ed.), § 51-615
- Acts 2012, ch. 993, § 13.
§ 70-5-110. Release or sublet of rights secured. - The executive director, or the executive director's successor, is empowered to release or sublet the rights secured from private individuals to any other public agency of the state or federal government for management purposes.
History (4)
- Acts 1941, ch. 103, § 4
- C. Supp. 1950, § 5193.7 (Williams, § 5193.6)
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- T.C.A. (orig. ed.), § 51-616.
§ 70-5-111. Federal wildlife refuges within state — Federal aid for wildlife and fish restoration and management projects. - (a)
- (1) For the purpose of more effectively cooperating with the United States, the governor and the executive director concurring, in the acquisition, development and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States, to acquire by purchase, condemnation, gift, lease or exchange, lands and waters within this state that the secretary of the interior may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.), and the Migratory Bird Conservation Act (16 U.S.C. § 715 et seq.); provided, that the jurisdiction of the state, both civil and criminal, over persons upon areas acquired and privately owned property on areas acquired shall not be affected or changed by reason of the acquisition and administration of such areas by the United States, as migratory waterfowl and other wildlife reservations, except so far as the punishment for offenses against the United States is concerned; and provided further, that nothing in this section is intended to interfere with the operation of the game laws of this state, applying to migratory game birds, insofar as such game laws do not permit what is forbidden by federal law.
- (2) The state of Tennessee reserves the right to tax persons and corporations, their franchise and property on land or lands deeded or conveyed pursuant to subdivision (a)(1) and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privileges, trade or business conducted on such lands and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on such lands as a result of its improvements within the state.
- (b) The state of Tennessee assents to the act of congress entitled “An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes,” approved September 2, 1937, Public Law 415, 75th Congress; ch. 899, 50 Stat. 917 (16 U.S.C. § 669 et seq.), and the agency is authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in that act of congress, in compliance with that act and rules and regulations promulgated by the secretary of the interior under that act.
- (c) The state of Tennessee assents to the provision of the act of congress entitled: “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes”, approved August 9, 1950, Public Law 681, 81st Congress; ch. 685, 64 Stat. 430 (16 U.S.C. § 777 et seq.), and the agency is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries, restoration, management, developmental and research projects, as defined in that act of congress in compliance with that act and rules and regulations promulgated by the secretary of interior under that act. No funds accruing to the state of Tennessee from license fees paid by fishers shall be diverted for any purposes other than the administration of the game and fish conservation purposes of the agency.
History (7)
- Acts 1937, ch. 73, § (a)
- Acts 1939, ch. 163, § 1
- mod. C. Supp. 1950, §§ 5193.1 — 5193.3
- modified
- Acts 1951, ch. 101, § 1 (Williams, § 5201.13)
- T.C.A. (orig. ed.), §§ 51-609 — 51-612
- Acts 1984, ch. 844, §§ 1-3.
§ 70-5-112. Definitions — Reelfoot Lake — Diversion of water. - (a) As used in this section, unless the context otherwise requires:
- (1) “Entity of state or local government” means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government;
- (2) “Person” means any individual, partnership, firm, corporation, or association;
- (3) “Project” means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and
- (4) “Water” means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters.
- (b) Notwithstanding any law or regulation to the contrary, without the prior written approval of the executive director of the agency, or the executive director's designee, no official, employee, or agent of any entity of state or local government, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, without such prior written approval, no such official, employee, or agent, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats.
- (c) Each violation of this section constitutes a Class C misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Any violation that continues into a successive day shall be regarded as a separate offense.
§ 70-5-113. Reelfoot Lake — Water levels — Water level management plan. - (a) As used in this section, unless the context otherwise requires:
- (1) “Free” means the flow of water not under control, able to move in any direction, and not held or confined by an artificial gate or structure;
- (2) “Lake” means a standing body of open water that occurs in a natural depression fed by one (1) or more streams from which a stream may flow, that occurs due to the widening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a part of a surface river or stream. “Lake” also includes a standing body of open water created by artificially blocking or restricting the flow of a river or stream;
- (3) “Natural ordinary high water mark” means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, trees, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas;
- (4) “Natural ordinary low water mark” means the line that constitutes the usual and common or ordinary stage of the river or lake, when the volume of water is not increased by rains or freshets, nor diminished below such usual stage or volume by long continued drought to extreme low water mark; and
- (5) “Navigable” means capable, in the ordinary stage of the water, of navigation ascending and descending, by such vessels as are employed in the ordinary purposes of commerce.
- (b) Notwithstanding this section or any law or regulation to the contrary, as first established by the Reelfoot Lake commission of 1925, it is hereby declared that the natural water levels of the navigable stream Reelfoot Lake are as follows:
- (1) The natural ordinary low water mark is two hundred eighty-two and four-tenths feet (282.4′) mean sea level, which is also the top of the twenty (20) floodgates at the Reelfoot Lake spillway dam;
- (2) The natural full pool level is two hundred eighty-three and six-tenths feet (283.6′) mean sea level; and
- (3) The natural ordinary high water mark is two hundred eighty-five feet (285′) mean sea level.
- (c) Notwithstanding any law or regulation to the contrary, there is hereby established the water level management plan for Reelfoot Lake. The waters of Reelfoot Lake shall flow freely or naturally across the top of the twenty (20) stoplog gates or floodgates at the Reelfoot Lake spillway dam until the lake reaches an elevation of two hundred eighty-three and six-tenths feet (283.6′) mean sea level. Once the lake exceeds such natural full pool level, the twenty (20) stoplog gates or floodgates at the Reelfoot Lake spillway dam shall be opened to bring the lake back to its natural full pool level of two hundred eighty-three and six-tenths feet (283.6′) mean sea level. In bringing the lake back to its natural full pool level, the Reelfoot Lake Barr fishway, or radial water control spillway, may also be used.
- (d) The water management plan established in subsection (c) shall remain in effect until a fifty (50) year comprehensive management plan for Reelfoot Lake is developed by the executive director of the agency and until enactment of such legislation as shall be necessary to implement such management plan.
- (e) The general assembly hereby expresses its general approval of the fifty (50) year comprehensive management plan for Reelfoot Lake developed by the executive director as required by subsection (d), and the agency is authorized and directed to promulgate the plan, or a similar fifty (50) year comprehensive management plan, as a rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Upon the effective date of such rule, the management plan contained in the rule shall supersede subsection (c) and any other subsections of this section that may be in conflict with the rule.
History (3)
- Acts 1986, ch. 670, § 2
- 1989, ch. 369, §§ 1, 2
- 2023, ch. 61, § 4.
Chapter 6 Enforcement of Wildlife Laws Part 1 General Provisions § 70-6-101. Enforcement authority — Inspection of game — Penalty for refusing to allow inspection — Regulations. - (a) The executive director or the officers of the wildlife resources agency, or officers of any other state or of the federal government who are full-time wildlife enforcement personnel designated by the executive director, shall enforce all laws now enacted or that may hereafter be enacted for the propagation and preservation of all wildlife in this state, and shall prosecute all persons, firms and corporations who violate any of such laws. The executive director or officers of the agency shall seize any and all wild animals, wild fowl, wild birds, fishes, frogs and other aquatic animal life, or parts of such wildlife, that have been killed, caught, or taken at a time, in a manner or for a purpose, or that are in possession, or that have been shipped, transported, carried or taken in this state or brought into this state from another state, contrary to the laws of this state.
- (b)
- (1) It is the duty of every person participating in taking or possessing wildlife as permitted by this title to permit the executive director or officers of the agency to ascertain whether the requirements of this title are being faithfully complied with, including the possession of a proper license.
- (2) Any person who refuses such inspection and count by any authorized officer of the state, or who interferes with such officer or obstructs such inspection or count commits a Class C misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).
- (c) This section does not permit search or inspection of a person's dwelling, place of business, or interior of an automobile without a search warrant.
- (d) The commission is authorized to provide by duly promulgated regulations a system for issuing warning citations under such conditions as may be deemed proper.
History (9)
- Acts 1951, ch. 115, § 5 (Williams, § 5178.34)
- 1959, ch. 145, § 4
- 1970, ch. 494, § 1
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-701
- Acts 1990, ch. 891, §§ 22, 23
- 2020, ch. 799, § 1
- 2023, ch. 61, § 5.
§ 70-6-102. Each unlawful taking and device deemed separate offense — Penalty. - Each wild animal, wild bird, wild fowl, or fish caught, taken, killed, captured, destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, and each trap, snare, net or other device used or attempted to be used in violation of this title constitutes a separate offense and, unless a specific penalty is otherwise provided, is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense.
History (2)
- Acts 1951, ch. 115, § 52 (Williams, § 5178.81)
- T.C.A. (orig. ed.), § 51-702.
§ 70-6-103. Penalties for violation of title. - (a) The violation of any of the provisions of § 70-1-206, § 70-1-302(a) and (b), § 70-1-304(1), (2) and (4), § 70-1-305, § 70-1-306(c)-(h), § 70-1-307, § 70-1-308(a), § 70-2-206, chapter 3 of this title, § 70-4-105 or § 70-5-103, is a Class C misdemeanor.
- (b) The violation of any provisions of this title for which a penalty has not been expressly provided is a Class C misdemeanor, and in case of a corporation, every participating officer or agent, or both, of the corporation shall be guilty and punished as stated in this section.
History (8)
- Acts 1937, ch. 84, § 87-B, as added by Acts 1941, ch. 127, § 11
- 1943, ch. 76, § 2
- mod. C. Supp. 1950, § 5178.106
- Acts 1951, ch. 115, § 71 (Williams, §§ 5176.87b, 5178.100)
- modified
- impl. am. Acts 1975, ch. 42, § 1
- T.C.A. (orig. ed.), § 51-703
- Acts 1989, ch. 591, § 113.
§ 70-6-104. Trial for violations — Jurisdiction — Appeals. - (a) When any person is arrested for any violation of the wildlife laws, it is the duty of the arresting officer making or causing the arrest to take the person so arrested before a court of general sessions for trial, in the county where the offense was committed. If before such court of general sessions, the accused is found guilty of any offense punishable by a fine of fifty dollars ($50.00) or less, that person shall have the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving security for the amount of the fine and imposed costs. In the cases of offenses punishable by a fine of more than fifty dollars ($50.00) or by imprisonment, then the magistrate or court of general sessions is governed by the general laws applicable to such offenses.
- (b) If the circuit court has concurrent jurisdiction with or as a criminal court in any county, then the circuit court shall likewise have jurisdiction over any offense for violation of any of the provisions of this title.
History (5)
- Acts 1951, ch. 115, § 69 (Williams, § 5178.98)
- 1957, ch. 382, § 9
- impl. am. Acts 1974, ch. 481, § 21
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 51-704.
§ 70-6-105. Mistake of fact not a defense. - In any prosecution for the violation of any of the provisions of this title, it is not a defense that the person killing, taking, selling, shipping or storing any animals, fish or birds was mistaken as to its variety, sex, age or size, it being one of the purposes of this section to penalize recklessness resulting in the violation of this title's provisions.
History (2)
- Acts 1951, ch. 115, § 65 (Williams, § 5178.94)
- T.C.A. (orig. ed.), § 51-705.
§ 70-6-106. Report and disposition of fines and forfeitures. - On or before the fifteenth day of each month, magistrates or clerks of general sessions and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the state wildlife resources agency. The county clerk, magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines or forfeitures collected or taken, and shall pay one half (½) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (½) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county.
History (4)
- Acts 1951, ch. 115, § 18 (Williams, § 5178.47)
- impl. am. Acts 1974, ch. 481, § 9
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-716.
§ 70-6-107. Grand juries. - (a) The grand juries of the several counties have and possess inquisitorial powers to inquire with respect to the different offenses mentioned in this title that are punishable by a fine of more than fifty dollars ($50.00), or by imprisonment.
- (b) It is the duty of the different judges of the criminal and circuit courts having jurisdiction of such matters to charge the provisions of this title to the grand juries of the different counties at each term of court in the respective counties.
History (2)
- Acts 1951, ch. 115, § 70 (Williams, § 5178.99)
- T.C.A. (orig. ed.), § 51-717.
Part 2 Contraband § 70-6-201. Confiscation and disposal of wildlife and other articles illegally taken or used. - (a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the fish and wildlife commission, and impound and take them before the court trying the person arrested.
- (b) Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested.
- (c)
- (1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 — 70-4-118, determine whether or not the things seized shall be declared contraband.
- (2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2.
- (3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
History (8)
- Acts 1951, ch. 115, § 39 (Williams, § 5178.68)
- 1959, ch. 145, § 4
- impl. am. Acts 1974, ch. 481, §§ 6, 7, 9
- Acts 1974, ch. 481, § 21
- T.C.A. (orig. ed.), § 51-706
- Acts 2007, ch. 65, § 1
- 2009, ch. 213, § 1
- 2012, ch. 993, § 13.
§ 70-6-202. Property used in violation of §§ 70-4-116 — 70-4-118 declared contraband — Seizure. - (a) Any firearm, other hunting device, or equipment used in violation of §§ 70-4-116 - 70-4-118 may be seized and held for evidence by the agency. As used in this section, “equipment” does not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated.
- (b) When a seizure of property under subsection (a) results in an arrest and the person charged with the offense is found to be not guilty by a court of competent jurisdiction, the property must be returned by the trial court.
- (c) The court or jury that determines whether a violation of § 70-4-116, § 70-4-117, or § 70-4-118 has occurred shall also determine, in the same manner as provided in § 70-6-201, whether property seized pursuant to this section is contraband and should be forfeited to the state.
History (14)
- Acts 1951, ch. 115, § 45 (Williams, § 5178.74)
- 1959, ch. 300, § 1
- impl. am. Acts 1961, ch. 97, § 5
- Acts 1963, ch. 105, § 1
- impl. am. Acts 1972, ch. 543, § 7
- impl. am. Acts 1974, ch. 481, §§ 6, 7
- Acts 1975, ch. 41, § 1
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 51-707
- Acts 1998, ch. 909, § 3
- 1999, ch. 91, § 3
- 2009, ch. 213, § 2
- 2011, ch. 283, § 6
- 2022, ch. 894, § 1.
Chapter 7 Liability for Activities Part 1 Liability of Landowner to Persons Using Land § 70-7-101. Part definitions. - As used in this part, unless the context otherwise requires:
- (1)
- (A) “Land” or “premises” means and includes all real property, waters, private ways, trees and any building or structure that might be located on real property, waters and private ways;
- (B) “Land” or “premises” includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority; and
- (C) “Land” or “premises” does not include the landowner's principal place of residence and any improvements erected for recreational purposes that immediately surround such residence, including, but not limited to, swimming pools, tennis or badminton courts, barbecue or horse shoe pits, jacuzzis, hot tubs or saunas;
- (2)
- (A) “Landowner” means the legal title holder or owner of such land or premises, or the person entitled to immediate possession of the land or premises, and includes any lessee, occupant or any other person in control of the land or premises; and
- (B) “Landowner” includes any governmental entity.
History (3)
- Acts 1963, ch. 177, §§ 1, 2
- T.C.A., §§ 51-801, 51-802
- Acts 1987, ch. 448, §§ 1, 6-8.
§ 70-7-102. Landowner's duty of care. - (a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104.
- (b) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips except as to known hazards or defects and except as provided in § 70-7-104.
History (6)
- Acts 1963, ch. 177, § 3
- T.C.A., § 51-803
- Acts 1987, ch. 448, § 2
- 2004, ch. 952, § 2
- 2010, ch. 968, § 1
- 2015, ch. 53, § 1.
§ 70-7-103. Effect of landowner's permission. - Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, engage in sporting clays, shooting sports, and target shooting, including archery and shooting range activities, ski, ride off-road vehicles, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission:
- (1) Extend any assurance that the premises are safe for such purpose;
- (2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or
- (3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in § 70-7-104.
History (5)
- Acts 1963, ch. 177, § 4
- T.C.A., § 51-804
- Acts 1987, ch. 448, § 3
- 2010, ch. 968, § 2
- 2015, ch. 53, § 2.
§ 70-7-104. Conditions under which liability unaffected. - (a) This part does not limit the liability that otherwise exists for:
- (1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
- (2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.
- (b) Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by § 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.
History (6)
- Acts 1963, ch. 177, § 5
- T.C.A., § 51-805
- Acts 1987, ch. 448, §§ 4, 5
- 2004, ch. 622, § 9
- 2009, ch. 602, § 1
- 2010, ch. 968, § 3.
§ 70-7-105. Waiver of landowner's duty of care. - Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, for such person's use for a consideration may waive, in writing, the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.
History (3)
- Acts 1989, ch. 149, § 1
- 2010, ch. 968, § 4
- 2015, ch. 53, § 3.
Part 2 Whitewater Rafting Professionals § 70-7-201. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Engages in whitewater activity” means whitewater rafting;
- (2) “Inherent risks of whitewater activities” means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
- (A) Water;
- (B) Rocks and obstructions;
- (C) Cold water and weather; and
- (D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
- (3) “Participant” means any person who engages in a whitewater activity;
- (4) “Whitewater” means rapidly moving water;
- (5) “Whitewater activity” means navigation on rapidly moving water in a watercraft; and
- (6) “Whitewater professional” means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity.
§ 70-7-202. Limitations on liability of whitewater professional. - Except as provided in § 70-7-203:
- (1) A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and
- (2) No participant or participant's representative shall make any claim against, maintain an action against, or recover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities.
§ 70-7-203. When liability of whitewater professional imposed. - Nothing in § 70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:
- (1) Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;
- (2) Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;
- (3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or
- (4) Intentionally injures the participant.
§ 70-7-204. Warning notice. - (a) Every whitewater professional shall either post and maintain signs that contain the warning notice prescribed in subsection (d) or give the warning in writing to participants. The signs shall be placed in clearly visible locations on or near places where the whitewater professional conducts whitewater activities, if the places are owned, managed, or controlled by the professional.
- (b) The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1″) in height.
- (c) Every written contract entered into by a whitewater professional for the purpose of providing professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the whitewater professional's business, shall contain in clearly readable print the warning notice specified in subsection (d).
- (d) The signs and contracts described in subsection (a) shall contain the following warning notice:
- WARNING
- Pursuant to Tenn. Code Annotated title 70, chapter 7, part 2, a whitewater professional is not liable for an injury to or the death of a participant in whitewater activities resulting from the inherent risks of whitewater activities.
§ 70-7-205. Written waivers, exculpatory agreements and releases. - Nothing in this part modifies, constricts, or prohibits the use of written waivers, exculpatory agreements, or releases, including such waivers, agreements, or releases kept or displayed in electronic format. This part is intended to provide additional limitations of liability for whitewater professionals, whether or not such agreements are used.
History (2)
- Acts 2012, ch. 862, § 1
- 2020, ch. 524, § 1.
Chapter 8 Species Protection and Conservation Part 1 Nongame and Endangered Species § 70-8-101. Short title. - This part shall be known as the “Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974.”
History (2)
- Acts 1974, ch. 769, § 1
- T.C.A., § 51-901.
§ 70-8-102. Declaration of policy. - The general assembly finds and declares that:
- (1) It is the policy of this state to manage certain nongame wildlife to ensure their perpetuation as members of ecosystems, for scientific purposes, and for human enjoyment;
- (2) Species or subspecies of wildlife indigenous to this state that may be found to be endangered or threatened within the state should be accorded protection in order to maintain and, to the extent possible, enhance their numbers;
- (3) The state should assist in the protection of species or subspecies of wildlife that are deemed to be endangered or threatened elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species or subspecies of wildlife listed on the United States' List of Endangered Fish and Wildlife as set forth in this part, unless such actions will assist in preserving or propagating the species or subspecies; and
- (4) Adequate funding should be made available to the agency annually by appropriations from the general fund or from other sources for management of nongame and endangered species.
History (2)
- Acts 1974, ch. 769, § 2
- T.C.A., § 51-902.
§ 70-8-103. Part definitions. - As used in this part unless the context requires otherwise:
- (1) “Agency” means the primary agency within the state that has statutory authority to manage wildlife populations;
- (2) “Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life;
- (3) “Endangered species” means:
- (A) Any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:
- (i) The destruction, drastic modification, or severe curtailment of its habitat;
- (ii) Its overutilization for scientific, commercial or sporting purposes;
- (iii) The effect on it of disease, pollution, or predation;
- (iv) Other natural or man-made factors affecting its prospects of survival or recruitment within the state; or
- (v) Any combination of the foregoing factors; or
- (B) Any species or subspecies of fish or wildlife appearing on the United States' List of Endangered Native Fish and Wildlife as it appears on April 5, 1974 (50 CFR, Part 17, Appendix D), as well as any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Foreign Fish and Wildlife (50 CFR, Part 17, Appendix A), as such list may be modified hereafter;
- (4) “Executive director” means the director of the state agency that has statutory authority to manage wildlife populations;
- (5) “Management” means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. “Management” includes the entire range of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. “Management” includes, when and where appropriate, the periodic or total protection of species or populations as well as regulated taking;
- (6) “Nongame species” means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean or other wildlife not ordinarily taken for sport, fur, food or other commercial use;
- (7) “Optimum carrying capacity” means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function;
- (8) “Person” means any individual, corporation, association or partnership;
- (9) “Take” means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife;
- (10) “Threatened” means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future;
- (11) “Watchable wildlife” is any species or subspecies that is defined in this section as nongame, endangered, threatened or wildlife in need of management. It further includes any wildlife species or subspecies when their use is nonconsumptive to the extent that such activities are consistent with their legal taking and welfare; and
- (12) “Wildlife in need of management” means any species or subspecies of wildlife that needs specific management to prevent it from becoming a threatened species within the state in the foreseeable future.
History (6)
- Acts 1974, ch. 769, § 3
- 1982, ch. 738, § 33
- T.C.A., § 51-903
- Acts 1986, ch. 882, § 19
- 1990, ch. 891, § 24
- 1993, ch. 97, § 1.
§ 70-8-104. Nongame species — Promulgation of regulations — Prohibited acts. - (a) The executive director shall conduct an investigation on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue proposed regulations not later than April 5, 1975, and develop management programs designed to ensure the continued ability of nongame, endangered or threatened wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife that the executive director deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The executive director shall conduct ongoing investigations of nongame wildlife and may from time to time recommend amendments to such regulations by adding to or deleting from the regulations species or subspecies of nongame wildlife.
- (b) The commission shall by such regulations establish proposed limitations relating to habitat, alteration, taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife.
- (c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife.
History (5)
- Acts 1974, ch. 769, § 4
- 1982, ch. 738, § 35
- T.C.A., § 51-904
- Acts 1986, ch. 882, § 20
- 2012, ch. 993, § 13.
§ 70-8-105. Endangered or threatened species list. - (a) On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list of those species or subspecies of wildlife indigenous to the state that are determined to be endangered and threatened within this state, giving their common and scientific names by species and subspecies. This list shall be made available to the public.
- (b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter, and may amend the list by such additions or deletions as are deemed appropriate. The executive director shall submit to the governor a summary report of the data used in support of all amendments to the state list during the preceding biennium and shall make a current list available to the public.
- (c) In the event the United States' List of Endangered Native Fish and Wildlife (50 CFR, Part 17, Appendix D), is modified subsequent to April 5, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described in subsection (a), the fish and wildlife commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.
History (4)
- Acts 1974, ch. 769, § 5
- T.C.A., § 51-904
- Acts 1986, ch. 882, §§ 21, 22
- 2012, ch. 993, § 13.
§ 70-8-106. Management programs — Exceptions to regulations. - (a) The executive director shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered or threatened wildlife. The executive director shall utilize all authority vested in the agency to carry out the purposes of this section.
- (b) In carrying out programs authorized by this section, the executive director may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under this section or utilized for management of nongame and endangered or threatened wildlife.
- (c) The governor shall review other programs administered by the governor and, to the extent practicable, utilize such programs in furtherance of the purposes of this section. The governor shall also encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
- (d) The executive director may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife that appear on the state list of endangered or threatened species, on the United States' List of Endangered Native Fish and Wildlife (50 CFR, Part 17, Appendix D), as amended and accepted in accordance with § 70-8-105(c), or on the United States' List of Endangered Foreign Fish and Wildlife (50 CFR, Part 17, Appendix A), as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife or for other species purposes.
- (e) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health and safety, endangered or threatened species may be removed, captured or destroyed but only pursuant to a permit issued by the executive director and by or under the supervision of an agent of the agency; provided, that endangered or threatened species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the executive director pursuant to § 70-8-104(a).
History (2)
- Acts 1974, ch. 769, § 6
- T.C.A., § 51-906.
§ 70-8-107. Rulemaking authority. - The fish and wildlife commission shall issue such regulations as are necessary to carry out the purposes of this part.
History (3)
- Acts 1974, ch. 769, § 7
- T.C.A., § 51-907
- Acts 2012, ch. 993, § 13.
§ 70-8-108. Penalties for violations — Searches and seizures — Forfeitures — Exception for black vultures. - (a) Any person who violates § 70-8-104(c) or any regulations issued under § 70-8-104, or fails to procure or violates the terms of any permit issued thereunder, commits a Class B misdemeanor.
- (b) Any person who fails to procure or violates the terms of any permit issued under § 70-8-106(d) and (e) commits a Class A misdemeanor.
- (c) Any officer employed and authorized by the executive director or any peace officer of the state or of any municipality or county within the state has the authority to conduct warrantless searches as provided by law, and to execute a warrant to search for and seize any equipment, business records, merchandise or wildlife taken, used, or possessed in connection with a violation of any section of this part. Any such officer or agent may, without a warrant, arrest any person who such officer or agent has probable cause to believe is violating, in the presence or view of the officer or agent, any such section, or any regulation or permit provided for by this part. An officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and seize any wildlife, records, or property taken, or used, in connection with any such violation.
- (d) Equipment, merchandise, wildlife, or records seized under subsection (c) shall be held by an officer or agent of the agency pending disposition of court proceedings, and upon conviction be forfeited to the state for destruction or disposition as the executive director may deem appropriate; provided, that prior to forfeiture, the executive director may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping, the costs of the transfer to be assessable to the defendant. The executive director is authorized to issue regulations to implement this subsection (d).
- (e)
- (1) Notwithstanding subsections (a) and (b), it is not an offense for any person to disturb the habitat of, alter, take, attempt to take, possess, or transport a black vulture, also known by the name Coragyps atratus, in this state.
- (2) No state funds or personnel, or other state resources, may be used to enforce any prohibition against the disturbance of the habitat of, alteration, taking, attempting to take, possession, or transporting of a black vulture.
- (3) Nothing in this subsection (e) prohibits the agency from using state funds or personnel, or other state resources, to assist landowners in acquiring federal depredation permits for black vultures.
History (5)
- Acts 1974, ch. 769, § 8
- T.C.A., § 51-908
- Acts 1989, ch. 591, § 113
- 1990, ch. 981, § 3
- 2015, ch. 228, § 1.
§ 70-8-109. Construction of provisions — Importation from other states — Validity and application of part. - (a) None of the provisions of this part shall be construed to apply retroactively or to prohibit importation into the state of wildlife that may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this state but not in the state where originally taken, if the person engaging in the importation demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this subsection (a) shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of wildlife on the United States' List of Endangered Native Fish and Wildlife, compiled in 50 CFR, Part 17, Appendix D, as amended and accepted in accordance with § 70-8-105(c), except as permitted in § 70-8-106(d). All importations are subject to applicable state laws and regulations.
- (b) If any provision of this part or the application of this part to any person or circumstance is held invalid, the remainder of this part, and the application of such provision to other persons or circumstances, shall not be affected thereby. This part shall not be construed as superseding any applicable federal statute.
History (2)
- Acts 1974, ch. 769, § 9
- T.C.A., § 51-909.
§ 70-8-110. Funding — Donations. - (a) The cost of programs established under this part shall be borne by the general fund or other sources. The federal cost share of approved programs pursuant to P.L. 93-205, 87 Stat. 889, § 6(d)(2)(i) and (ii) (16 U.S.C. § 1535(d)(2)(i) and (ii)), for endangered species shall not exceed sixty-six and two thirds percent (66⅔%) of the costs stated in the cooperative agreement. The federal share may be increased to seventy-five percent (75%) whenever two (2) or more states having a common interest in one (1) or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such states, enter jointly into an agreement with the executive director.
- (b) The executive director is specifically authorized to accept from interested persons, firms, and corporations cash donations or donations of property to be converted to cash pursuant to the terms of the donor to be designated for the nongame and endangered species programs or to be designated for any other programs intended to effectuate the purposes of this part. At the discretion of the donor, cash donations or donations of property to be converted to cash pursuant to the terms of the donor may be made to the watchable wildlife fund. Evidence of the donations shall be by the issuance by the executive director of nongame certificates to the donors.
- (c) Watchable wildlife endowment fund.
- (1) Recognizing the growing number of nonconsumptive users of wildlife along with their interest and willingness to make donations in support of such programs, there is hereby created a fund called the “watchable wildlife endowment fund” to aid in the future funding of programs designed to perpetually benefit watchable wildlife and to aid in their nonconsumptive use by the public.
- (2) Moneys shall be deposited to the fund as provided in this section and shall be invested for the benefit of the fund pursuant to § 9-4-603, § 9-4-608, or § 9-4-612. Moneys in the fund shall not revert to the general fund of the state, but shall remain available and appropriated exclusively for the purposes set forth in this section.
- (3) This fund may be funded by donations as provided for in this section.
- (4) No expenditure shall be made from the principal of the fund. No expenditures shall be made from the interest earned until the combination of principal and interest reaches five hundred thousand dollars ($500,000). Thereafter, interest earned shall be available for expenditures to aid in carrying out the purposes of this fund.
- (5) This fund is not intended to be the exclusive fund for holding donations authorized in this section and is not intended to affect any presently existing or future funds or means of holding and distributing moneys received through cash donations or through cash received from property donated and converted to cash pursuant to the terms of the donor. It is intended to provide the donor with an additional means of directing the use of the donor's donations.
History (5)
- Acts 1974, ch. 769, § 10
- 1981, ch. 103, § 1
- T.C.A., § 51-910
- Acts 1993, ch. 97, §§ 2, 3
- 2015, ch. 196, § 3.
§ 70-8-111. Authorization to enter agreements. - The executive director is authorized to enter into cooperative agreements with other states and the federal government for the establishment and maintenance of programs for the conservation of nongame, endangered or threatened species of wildlife.
History (2)
- Acts 1974, ch. 769, § 11
- T.C.A., § 51-911.
§ 70-8-112. Species similar to endangered species. - The executive director may, by regulation, and to the extent the executive director deems advisable, treat any species as an endangered species or threatened species even though it is not listed, if the executive director finds that:
- (1) Such species so closely resembles in appearance, at the point in question, a species that has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species;
- (2) The effect of this substantial difficulty is an additional threat to an endangered or threatened species; and
- (3) Such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this part.
History (2)
- Acts 1974, ch. 769, § 12
- T.C.A., § 51-912.
Part 2 Ginseng Harvest Season § 70-8-201. Short title. - This part shall be known and may be cited as the “Ginseng Harvest Season Act of 1985”.
History (2)
- Acts 1985, ch. 177, § 1
- T.C.A., § 11-26-101.
§ 70-8-202. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Cultivated ginseng” means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng;
- (2) “Export” means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state;
- (3) “Ginseng” means the plant panax quinquefolius of the araliaceae family;
- (4) “Landowner” means the owner or lessee of land or the duly authorized agent of such owner or lessee;
- (5) “Plantlets” means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. Vegetative propagules or clippings of mature plants may be used to create plantlets;
- (6) “Prong” means a ginseng leaf with three (3) to five (5) leaflets;
- (7) “Sale” means any transfer of possession or ownership for money or other consideration; and
- (8) “Wild ginseng” means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas.
History (3)
- Acts 1985, ch. 177, § 2
- T.C.A., § 11-26-102
- Acts 2019, ch. 125, §§ 1, 2.
§ 70-8-203. Dates of harvest season. - The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year.
History (3)
- Acts 1985, ch. 177, § 3
- T.C.A., § 11-26-103
- Acts 2012, ch. 591, § 1.
§ 70-8-204. Prohibited activities. - (a) It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203.
- (b) It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs.
- (c) It is unlawful for any person who has dug, harvested, collected or removed wild ginseng from any land for the purpose of sale or export to:
- (1) Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or
- (2) Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed.
- (d) It is unlawful to sell or offer for sale wild or cultivated ginseng that was harvested or collected from any state other than Tennessee unless such ginseng has been certified or otherwise approved for export by the state from which the ginseng was harvested, collected, or removed. A certificate shall accompany all wild and cultivated ginseng from other states showing that it has been certified and approved for export.
- (e) It is unlawful for any person, without permission of the landowner, to enter the property of the landowner and dig, harvest, collect, or remove wild or cultivated ginseng. This subsection (e) shall not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
- (f) It is unlawful for any person to knowingly dig, harvest, collect or remove wild ginseng from any land that such person does not own, on any date not within the wild ginseng harvest season established by § 70-8-203.
History (3)
- Acts 1985, ch. 177, §§ 4-8
- T.C.A., § 11-26-104
- Acts 2012, ch. 660, § 1.
§ 70-8-205. Penalties. - A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part.
History (3)
- Acts 1985, ch. 177, § 9
- T.C.A., § 11-26-105
- Acts 1989, ch. 591, §§ 1, 6.
Part 3 Rare Plant Protection and Conservation § 70-8-301. Short title. - This part shall be known and may be cited as “The Rare Plant Protection and Conservation Act of 1985”.
History (2)
- Acts 1985, ch. 242, § 1
- T.C.A., § 11-26-201.
§ 70-8-302. Legislative findings. - The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable components of their ecosystems. However, nothing in this part shall be construed to limit the rights of private property owners to take rare plants from their own lands or to manage their lands for agriculture, forestry, development or any other lawful purpose.
History (2)
- Acts 1985, ch. 242, § 2
- T.C.A., § 11-26-202.
§ 70-8-303. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Commissioner” means the commissioner of environment and conservation and the commissioner's authorized representatives;
- (2) “Conserve” and “conservation” include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range;
- (3) “Department” means the department of environment and conservation;
- (4) “Ecosystem” means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life;
- (5) “Endangered species” means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an “endangered species” pursuant to the Endangered Species Act;
- (6) “Endangered Species Act” means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) (16 U.S.C. § 1531 et seq.), as subsequently amended;
- (7) “Nursery farmer” means any person engaged in the practice of growing or propagating nursery stock for sale;
- (8) “Nursery stock” means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis;
- (9) “Person” means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government;
- (10) “Plant” means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant;
- (11) “Public works project” means any federal, state, county or municipal or other governmental project;
- (12) “Special concern species” means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status; and
- (13) “Threatened species” means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a “threatened species” pursuant to the Endangered Species Act.
History (2)
- Acts 1985, ch. 242, § 3
- T.C.A., § 11-26-203.
§ 70-8-304. Powers of commissioner. - The commissioner has the power and duty to:
- (1) Conduct investigations on species of rare plants throughout this state in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants;
- (2) Adopt and publish, by rule, a listing of those species of plants that are determined to be endangered within the state;
- (3) Promulgate regulations under which the commissioner shall issue, without charging a fee, annual licenses for the commercial sale or export of any endangered species by nursery farmers;
- (4) Provide training for nursery inspectors concerning rare plants;
- (5) Conduct programs to explain the procedures and requirements of this part to nursery farmers and other persons affected by this part;
- (6) In cooperation with the Tennessee department of agriculture, conduct inspections to check compliance with this part;
- (7) Maintain a list of threatened species and special concern species; and
- (8) Enter into agreements with the commissioner of agriculture by which any of the powers and duties listed in this section may be carried out by representatives or employees of the department of agriculture.
History (2)
- Acts 1985, ch. 242, § 4
- T.C.A., § 11-26-204.
§ 70-8-305. List of endangered species. - The list of endangered species promulgated by the commissioner pursuant to § 70-8-304(2) shall be made on the basis of the investigations authorized by § 70-8-304(1), other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons and organizations. The commissioner of agriculture shall review the listing of endangered species before it becomes final and shall concur in the listing of any endangered species before that species may be listed. This listing shall be reviewed at least once every three (3) years and may be amended as necessary. Notwithstanding § 4-5-202 to the contrary, the public through a public hearing shall be provided an opportunity for participation in this listing of plants.
History (2)
- Acts 1985, ch. 242, § 5
- T.C.A., § 11-26-205.
§ 70-8-306. Licensing and regulation of nursery farmers. - (a) A license for the commercial sale or export of any endangered species by nursery farmers issued pursuant to § 70-8-304(3) shall allow a nursery farmer to engage in the commercial sale of any endangered species, subject to the restrictions of subsection (b).
- (b) Each plant of an endangered species that is sold or exported by a nursery farmer shall be:
- (1) Grown horticulturally from seeds or by vegetative propagation on the nursery farmer's land;
- (2) Obtained from any source outside this state;
- (3) Acquired from any person by gift or donation;
- (4) Purchased from any person, subject to the restrictions of § 70-8-309(b); or
- (5) Purchased from another nursery farmer in Tennessee.
History (2)
- Acts 1985, ch. 242, § 6
- T.C.A., § 11-26-206.
§ 70-8-307. Right of access for inspections. - In conducting inspections to check compliance with this part pursuant to § 70-8-304(6), the commissioner has the right of access to areas where rare plants are growing in the state.
History (2)
- Acts 1985, ch. 242, § 7
- T.C.A., § 11-26-207.
§ 70-8-308. Public works projects. - The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used to interfere with, delay or impede any public works project.
History (2)
- Acts 1985, ch. 242, § 8
- T.C.A., § 11-26-208.
§ 70-8-309. Violations. - (a) It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb for any purpose, any endangered species. This subsection (a) does not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
- (b) It is a violation of this part for any nursery farmer to export from this state or to sell any endangered species without first obtaining a license from the commissioner as provided in § 70-8-304(3). The license shall allow any nursery farmer to purchase a maximum of ten (10) plants of any endangered species in each calendar year without being in violation of this part.
History (2)
- Acts 1985, ch. 242, § 9
- T.C.A., § 11-26-209.
§ 70-8-310. Penalties. - (a) Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, or both.
- (b) The court shall in all cases impose a fine of at least one hundred dollars ($100) for a person's first conviction under this part and a fine of at least five hundred dollars ($500) for all subsequent convictions of that person under this part.
- (c) The court shall not impose a jail sentence for a person's first conviction under this part.
History (2)
- Acts 1985, ch. 242, § 10
- T.C.A., § 11-26-210.
§ 70-8-311. Enforcement of provisions — Injunctions. - (a) Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to enforce any of the provisions of § 70-8-309 or any regulation or rule promulgated pursuant to this part, or any license issued pursuant to this part.
- (b) In addition to any other available remedy at law, the commissioner may apply to the chancery court of any county in which a violation of this part is occurring, or in which the commissioner has probable cause to believe a violation of this part is about to occur, and the court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating any provision of this part without requiring the commissioner to post bond during the pendency of this action.
History (2)
- Acts 1985, ch. 242, § 11
- T.C.A., § 11-26-211.
§ 70-8-312. Powers of commissioner. - (a) The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee.
- (b) The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare plants, including agreements for the administration or management, or both, of any area established under the authority of the department for conserving, managing, enhancing, or protecting rare plants. The commissioner shall not enter into any such agreements that would delay or impede any public works project without the explicit approval of the agency responsible for such project.
- (c) The commissioner is authorized to and may receive funds, donations, grants, or other moneys, gifts, or properties by devise or purchase necessary to execute this section.
- (d) The commissioner of agriculture is also authorized to perform any of the actions listed in subsections (a)-(c).
History (2)
- Acts 1985, ch. 242, § 12
- T.C.A., § 11-26-212.
§ 70-8-313. Rules and regulations. - The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provided in this part. The commissioner of agriculture shall review all rules and regulations and shall concur before they become final.
History (2)
- Acts 1985, ch. 242, § 14
- T.C.A., § 11-26-213.
§ 70-8-314. Limitations on implementing provisions. - (a) No rule adopted under this part shall cause undue interference with normal agricultural and forestry practices.
- (b) Nothing in this part shall be construed to permit a person to violate any provision of federal law concerning federally protected endangered or threatened species.
- (c) Ginseng, Panax quinquefolius, is regulated under title 62, chapter 28 and is exempt from this part.
- (d) This part shall not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before July 1, 1985.
History (2)
- Acts 1985, ch. 242, §§ 13, 15, 16
- T.C.A., § 11-26-214.
Chapter 9 Tennessee Off-Highway Vehicle Act § 70-9-102. Legislative intent. - The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of economic prospects. Therefore, the general assembly finds the need to manage OHVs to maximize economic and recreational opportunities, to protect the environment of this state, and to ensure that adequate revenue is generated for such purpose.
§ 70-9-103. Chapter definitions. - For the purpose of this chapter, unless the context otherwise requires:
- (1) “Agency” means the Tennessee wildlife resources agency;
- (2) “Commission” means the Tennessee fish and wildlife commission;
- (3) “Director” means the executive director of the Tennessee wildlife resources agency, the director's duly authorized representative, and, in the event of the director's absence or a vacancy in the office of director, the assistant director of the Tennessee wildlife resources agency;
- (4) “Off-highway vehicle” or “OHV” means any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies;
- (5) “Owner” means the person in whose name the OHV is owned; and
- (6) “Seller” means a person permitted to engage in the business of selling, offering to sell, soliciting or advertising the sale of either off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies, or any of these vehicles.
History (2)
- Acts 2004, ch. 622, § 4
- 2012, ch. 993, § 13.
§ 70-9-104. Authority of director. - The director is authorized to:
- (1) Establish and implement an off-highway vehicle program;
- (2) In cooperation with sellers and governmental agencies, develop a voluntary off-highway vehicle education program for existing and potential owners and users;
- (3) Develop guidelines on the proper land selection criteria, trail design and maintenance, and best management practices for all lands used for off-highway user purposes. In this connection, the director is authorized to develop public lands and manage for specific uses those public lands;
- (4) Study, analyze, and document the impacts of off-highway motor vehicles on surrounding habitat, including habitat loss, resource damage, noise, and vehicle emissions;
- (5) Acquire lands, through purchase or lease, for off-highway motor vehicle use. The director is encouraged to use property which is currently owned or leased by the state and which is appropriate for off-highway vehicle use before acquiring lands from private landowners. OHV use shall be expressly prohibited in Tennessee wildlife resources agency (TWRA) wildlife management areas or refuges used solely for hunting, fishing or other TWRA-related activities, state forests, state parks and state natural areas unless such area has been expressly approved for such use on or before May 10, 2004, except that OHV users may be allowed to access such areas if specified by rule and regulation;
- (6) Develop and maintain a list of areas within the state that allow the use of off-highway motor vehicles;
- (7) Enter into partnerships, contracts, and other management agreements with state, federal, and local governments and with private landowners to effectuate the purposes of this chapter;
- (8) Make inspections and investigations, conduct studies and research, or take such other action as may be necessary to carry out this chapter, and rules and regulations promulgated pursuant to § 70-9-105; and
- (9) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under § 70-9-105.
§ 70-9-105. Rules and regulations. - The commission is authorized to promulgate rules and regulations for the following purposes:
- (1) To set, through rules and regulations, rider fees as established in this chapter;
- (2) To establish safety requirements for riders on publicly owned or leased lands. Riders under eighteen (18) years of age shall, at a minimum, wear a helmet; and
- (3) To promulgate any other rules and regulations deemed reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
§ 70-9-106. Use of funds received by the agency. - (a) The funds received by the Tennessee wildlife resources agency under this chapter shall be used exclusively for the purpose of funding the operation and management of the off-highway motor vehicle program authorized under this chapter. The director may use funds collected under this chapter to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant, or other contractual right necessary to achieve the purposes of this chapter.
- (b) It is the intent of the general assembly that the off-highway vehicle program be self-funded. Use of any existing or future agency resources, revenues, or funding not derived by or through the OHV program, to administer or enforce this program shall constitute a diversion of funds under § 70-1-401. Any future federal funds received for OHV or motorized trails shall be credited to the agency for use to administer and enforce this chapter.
§ 70-9-107. Penalties — Enforcement. - (a) Except as provided in subsection (d), a violation of any provision of this chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this chapter commits a Class B misdemeanor. A person who commits a second or subsequent offense commits a Class B misdemeanor with a mandatory fine of two hundred fifty dollars ($250).
- (b) For any conviction of violation of a provision of this chapter, the court may order restitution for damages caused by the violator, or the court may order the violator to restore the property to a state comparable to its original undamaged state. Any restitution ordered shall be paid to the landowner or to the agency if the land on which the offense occurred was owned, leased, licensed to, or in some manner under agency control. Agency control includes, but is not limited to, control through any type of agreement or understanding with any private or governmental entity permitting land to be used in connection with the OHV program.
- (c) In connection with an arrest for a violation of this chapter, the OHV may be seized and impounded in compliance with title 40, chapter 33.
- (d) It is unlawful for any person to ride an off-highway motor vehicle upon the land of another without having first obtained the permission or approval of the owners of the land or of the person or persons in charge of the land who have authority from the owner to give such permission. A violation of this subsection (d) is a Class C misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this subsection (d) shall be considered a separate offense; provided, that, in lieu of a fine pursuant to this subsection (d), if land is damaged, a court may order the violator to pay restitution to the landowner or to restore the property to a state comparable to its original undamaged state.
- (e) This chapter is enforceable and may be prosecuted by all law enforcement officers, including police officers, sheriffs, agency officers, and other peace officers charged with the enforcement of the laws of this state. The primary responsibility for the enforcement and prosecution of this chapter on private lands and on lands under local governmental ownership or control is with local law enforcement officers. The primary responsibility for the enforcement and prosecution of this chapter on public lands not under local governmental ownership or control is with state law enforcement officers, including wildlife resources officers. It is not the legislative intent that the agency enforce trespass laws on private property unless the property is under state control.
History (2)
- Acts 2004, ch. 622, § 8
- 2005, ch. 175, §§ 1, 2.
2024 Tennessee Code Unannotated