70-1-101. Title definitions — Construction of dates and provisions.

1. 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:
       1. 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;
       2. Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and
       3. 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.
2. 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.
3. 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.

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.

Compiler's Notes. Acts 2011, ch. 283, § 7 provided that the commission is authorized to promulgate rules to effectuate the purposes of the act, which amended subdivision (a)(4). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Applicability of game and fish laws to Reelfoot Lake natural area, § 11-14-116.

Humane treatment of animals not subject to state game and fish laws, § 5-9-110.

Revocation or denial of license for child support enforcement, title 36, ch. 5, part 7.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Game and Game Laws, § 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.

Acts 1978, ch. 587, § 1; T.C.A., § 51-140.

Cross-References. License fees established, § 70-2-201.

70-1-103. Assaulting or interfering with agency employee — Penalty.

1. 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.
2. Any person violating this section commits a Class A misdemeanor.

Acts 1979, ch. 38, § 1; T.C.A., § 51-141; Acts 1989, ch. 591, §§ 1, 6.

Cross-References. Penalty for Class A misdemeanor, § 40-35-110.

Penalty for violations of title 70, § 70-6-103.

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.

Acts 1982, ch. 808, § 1; T.C.A., § 51-143; Acts 2012, ch. 993, § 12.

70-1-105. Notification of potential water quality violation regarding agricultural property.

If the agency receives a complaint or otherwise becomes aware of a potential water quality violation regarding property used in agriculture, as defined by § 1-3-105, the agency must notify both the department of environment and conservation and the department of agriculture, as soon as practicable, pursuant to § 69-3-115(d).

Acts 2017, ch. 148, § 1.

Part 2
Tennessee Fish and Wildlife Commission

70-2-101. Taking wildlife without license — Migratory waterfowl stamps — Licenses nontransferable — Revocation or suspension — Penalties.

1. 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.
2. 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.
3. No license or permit, required and issued under this chapter, may be loaned or transferred to any other person, firm or corporation.
4. 1. 1. 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.
      2. 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.
5. 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.

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.

Cross-References. Exotic animals, title 70, ch. 4, part 4.

Fees and penalties not to be established by rule or regulation, § 70-1-102.

Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Felon or domestic violence offender obtaining a Tennessee hunting license; restrictions on type of weapon used for hunting; ability to supervise juvenile who is hunting.  OAG 10-21, 2010 Tenn. AG LEXIS 16 (2/24/10).

Licenses to hunt and possession of firearms and effect of conviction of certain felonies and other offenses.  OAG 15-33, 2015 Tenn. AG LEXIS 33  (4/10/15).

70-2-102. Licensing requirement — Penalty.

1. 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.
2. A violation of this section is a Class C misdemeanor.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Authority for hunting license exemptions, OAG 99-002, 1999 Tenn. AG LEXIS 12 (1/19/99).

Licenses to hunt and possession of firearms and effect of conviction of certain felonies and other offenses.  OAG 15-33, 2015 Tenn. AG LEXIS 33  (4/10/15).

70-2-103. Exception to licensing requirement — Military personnel on furlough.

1. 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.
2. 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.

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.

1. 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. 1. 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;
      2. As used in this subdivision (a)(3), unless the context otherwise requires:
         1. “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;
         2. “Persons with intellectual disabilities” means persons who possess an intellectual disability, as defined by § 33-1-101;
      3. 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. 1. Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar ($10.00) fee to those residents of Tennessee who are permanently restricted to wheelchairs. 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
      2. Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar ($10.00) 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.
2. 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.
3. 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.
4. 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 ($10.00) 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 ($10.00) fee and upon making such payment shall be issued a license in accordance with this section.
5. 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.
6. 1. 1. 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.
      2. 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. 1. 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.
      2. 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.
      3. 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.
7. 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:
      1. A fishing pole, unless the assistant has a valid license to fish in this state;
      2. 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
      3. 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.

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.

Compiler's Notes. Acts 2011, ch. 197, § 3 provided that for purposes of each provision amended by the act, which amended subdivisions (b)(1) and (2), a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before May 12, 2011.

Acts 2011, ch. 197, § 4 provided that nothing in the act, which amended subdivisions (b)(1) and (2), shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before May 12, 2011.

Acts 2017, ch. 330, § 2 provided that the act, which amended this section by adding (f), shall apply to all free or discounted licenses issued on or after May 9, 2017.

Amendments. The 2020 amendment added (g).

Effective Dates. Acts 2020, ch. 737, § 2. June 22, 2020.

Cross-References. Commercial fishers who are state residents and over 70 years of age exempt from commercial licensing provisions, § 70-2-205.

Penalty for Class C misdemeanor, § 40-35-111.

70-2-105. Preparation and distribution of license forms to county clerk or other agent — Maintenance and remittance of funds.

1. 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.
2. 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.
3. 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.

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.

1. 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.
2. 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.

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.

Cross-References. Reelfoot preservation permit, § 70-2-219.

70-2-107. Date of issuance of license or permit — Duration — Penalty for violations.

1. Licenses and permits required under this and any other law relating to wildlife shall be dated the true date of issue. All annual sport licenses shall be issued for the year beginning March 1 and ending the last day of February of the following year, both inclusive.
2. A violation of this section is a Class C misdemeanor.
3. 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.

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.

Compiler's Notes. Acts 2005, ch. 360, § 2 provided that the Tennessee wildlife resources agency is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-2-108. Hunter education course.

1. 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. 1. 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.
      2. 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.
2. The state board of education is encouraged to develop a section related to hunter education as a part of its safety education curriculum.
3. This section shall not apply to persons hunting or fishing within the guidelines of § 70-2-204.
4. 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.

Acts 1983, ch. 452, §§ 1, 2; 1990, ch. 891, § 7; 2006, ch. 852, § 1; 2008, ch. 1061, § 1; 2015, ch. 417, § 1.

Attorney General Opinions. Felon or domestic violence offender obtaining a Tennessee hunting license; restrictions on type of weapon used for hunting; ability to supervise juvenile who is hunting.  OAG 10-21, 2010 Tenn. AG LEXIS 16 (2/24/10).

Licenses to hunt and possession of firearms and effect of conviction of certain felonies and other offenses.  OAG 15-33, 2015 Tenn. AG LEXIS 33  (4/10/15).

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.

Acts 1990, ch. 615, § 1; 2012, ch. 993, § 13.

Cross-References. Additional special observance days, § 15-2-101.

Legal holidays, § 15-1-101.

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.

Acts 2005, ch. 88, § 1; 2011, ch. 47, § 95; 2012, ch. 993, § 13.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

Part 2
Miscellaneous Licenses and Permits

70-4-101. Ownership and title to wildlife vested in the state.

1. 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.
2. 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.

Acts 1951, ch. 115, § 1 (Williams, § 5178.30); T.C.A. (orig. ed.), § 51-401.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Fish and Fisheries, § 1.

70-4-102. Illegal taking, possession or destruction of wildlife — Penalty for violations.

1. 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.
2. 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.
3. A violation of this section is a Class B misdemeanor.

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.

Code Commission Notes.

Acts 2003, ch. 61, § 2 purported to amend (c); however, Acts 1998, ch. 909, § 1 made the changes enacted by ch. 61. The codified provisions reflect the provisions of both ch. 61 and ch. 909.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class B misdemeanor, § 40-35-111.

Attorney General Opinions. Tennessee's wildlife agency has the authority to enforce its laws relating to the taking and possession of fish in the Mississippi River against Tennessee residents, regardless of whatever nonresident licenses Tennessee fishermen may hold, OAG 04-003, 2004 Tenn. AG LEXIS 5 (1/07/04).

If the Tennessee wildlife resources agency (TWRA), or its predecessor, has entered into a reciprocal license agreement with another state to recognize each other's respective fishing and hunting licenses on a shared body of water, TWRA cannot enforce its statutes and proclamations regulating the supply of fish in those waters against Tennessee residents using valid nonresident licenses from the adjacent state in question; amending OAG 04-003, 2004 Tenn. AG LEXIS 5 (1/07/04), OAG 04-047, 2004 Tenn. AG LEXIS 47 (3/19/04).

70-4-103. Fox hunting — Training of hunting dogs — Penalty.

1. 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.
2. 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.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Constitutionality of geographically specific wildlife provisions, OAG 98-036, 1998 Tenn. AG LEXIS 36 (2/9/98).

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.

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.

Cross-References. Taking fish caught by another, penalty, § 39-14-206.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Fish and Fisheries, § 1.

70-4-105. Lawful possession of wildlife by legal license holders.

1. 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.
2. Any person violating this section commits a Class C misdemeanor.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-106. Permission of owner of land to take wildlife or big game required — Penalty for violations.

1. 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.
2. 1. 1. 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.
      2. The signs posted pursuant to this subsection (b) must be posted by either of the following methods:
         1. 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
         2. 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.
      3. 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. 1. 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.
      2. 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.
      3. 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.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Game and Game Laws, § 3.

70-4-107. Hunting and fishing seasons — Bag and creel limits — Nonprotected wildlife.

1. 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.
2. 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.
3. 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 the county clerks for the counties affected.
   4. The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both.
4. 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.
5. The open season on private lakes may be set by the owner and operator thereof, but the creel limits on fish caught from the waters of such lakes shall not exceed that set by law for public waters.
6. 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.

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.

Compiler's Notes. Acts 1982, ch. 738, § 13 provided:

“This section or any section of the bill will not abolish any present private act of any Tennessee county now in existence pertaining to wildlife regulations of that county.”

The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Hunting and fishing license required to transport protected game and fish out of the state, § 70-4-203

Penalty for Class B misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Game and Game Laws, § 3.

Law Reviews.

An Examination of Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339.

Attorney General Opinions. Municipality unable to prohibit state authorized hunting, OAG 98-038, 1998 Tenn. AG LEXIS 38 (2/9/98).

70-4-108. Hunting from or across public road or near dwelling — Penalty.

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 public road right-of-way, or to shoot any firearms across or on any public road.
2. 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.
3. A violation of subsection (a) or (b) is a Class C misdemeanor.
4. 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.

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.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalties for Class A and Class C misdemeanors, § 40-35-111.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. The distance and permission requirements of T.C.A. § 70-4-108(b) do not apply to individuals hunting on private property.  OAG 10-102, 2010 Tenn. AG LEXIS 104 (10/1/10).

70-4-109. Hunting from aircraft, watercraft or motor vehicles unlawful — Exception for persons confined to wheelchairs — Penalty.

1. 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.
2. 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.
3. A violation of this section is a Class C misdemeanor.

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.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

Unlawful possession of weapon, § 39-17-1307.

70-4-110. Spotlighting deer — Penalty.

1. 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.
2. 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.
3. A violation of this section is a Class B misdemeanor.
4. 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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class B misdemeanor, § 40-35-111.

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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

70-4-112. Hunting and chasing coons regulated — Training season — Violations — Penalties.

1. 1. It is lawful for any person to chase coons with dogs at any season of the year, but no coon shall be killed or taken except during open season for killing or taking of coons, 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 coons 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). No coon shall be shot at any time in the year either from a boat or any type of motor vehicle.
   2. 1. 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 coon dogs may be trained. Such coon 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, no person chasing coons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed pursuant to this section. No coon shall be killed or taken except during such open season. No coon 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 coon 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 both the training season or hunting season, or both, to such additional periods of time as it deems justified based on the coon population in the area involved in any section or sections of the state.
      2. 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.
2. 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.

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.

Cross-References. Coon dog training, § 70-4-122.

General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

70-4-113. Use of bait, pitfalls and certain other devices in taking birds and animals prohibited — Penalty — Exceptions.

1. 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.
2. 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.
3. 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.

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.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

70-4-114. Destruction of dens or nests — Spotlighting — Use of spears, explosives, chemicals or other devices unlawful — Penalty.

1. 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.
2. A violation of this section is a Class C misdemeanor.

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.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

70-4-115. Destruction and disposal of wildlife — Permit — Penalty.

1. 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.
2. 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.
3. 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.
4. A violation of this section is a Class C misdemeanor.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-116. Hunting, killing and possession of deer, bear, wild elk and wild turkey — Transporting — Tagging — Penalties.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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:
      1. Not less than one thousand dollars ($1,000) per animal, for each of the following that is illegally killed or possessed:
         1. Wild turkey;
         2. White-tailed deer with no antlers; and
         3. Antlered white-tailed deer with less than eight (8) antler points;
      2. Not less than one thousand five hundred dollars ($1,500) per animal, for each of the following that is illegally killed or possessed:
         1. Wild elk with no antlers; and
         2. Antlered wild elk with less than eight (8) antler points;
      3. 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;
      4. 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;
      5. 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;
      6. 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
      7. 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. 1. 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.
      2. 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.
7. 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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor on November 1, 1989, by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981, § 3 provided that, notwithstanding the provisions of ch. 591, § 113, a violation under subsection (e) of this section is a Class B misdemeanor.

Acts 2011, ch. 283, § 7 provided that the commission is authorized to promulgate rules to effectuate the purposes of the act, which amended subsections (a)-(d). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2015, ch. 370, § 2 provided that the act, which amended (f) and (g), shall apply to all offenses that are committed on or after July 1, 2015.

Cross-References. Penalties for Class A, Class B or Class C misdemeanor, § 40-35-111.

Law Reviews.

Criminal Law and Procedure — 1960 Tennessee Survey (Robert E. Kendrick), 13 Vand. L. Rev. 1059.

70-4-117. Possession of weapons in areas inhabited by big game — Penalty.

1. 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).
2. 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.
3. 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.
4. Notwithstanding subsection (a), 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, 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.
5. 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.
6. 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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

70-4-118. Unlawful to hunt deer being chased by dogs or to permit dogs to hunt or chase deer — Confiscation of dogs — Penalties.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class B misdemeanor, § 40-35-111.

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.

1. 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 hereby authorized to promulgate proclamations pertaining to the use of slat baskets by sport fishing license holders. Such baskets shall be marked with an identifying tag, which will expire the last day of February following the date of issue. This tag will be issued to each sport fishing license holder upon application to the agency and upon payment of not more than five dollars ($5.00) 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.
2. 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.
3. 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.

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.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor on November 1, 1989 by Acts 1989, ch. 591, § 113. However, Acts 1990, ch. 981, § 3 provided that notwithstanding the provisions of ch. 591, § 113, a violation of this section is a Class B misdemeanor.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalties for Class A, B misdemeanors, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Fish and Fisheries, § 1; 20 Tenn. Juris., Poisons, § 1.

70-4-120. Trapping, snaring or baiting regulations — Penalties for violations — Snare traps — Use of tamed quail to train bird dogs.

1. 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:
      1. Determine the types of steel traps that may be used in the taking of wild animals; and
      2. 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.
2. 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.

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.

Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

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.

Acts 1931, ch. 53, § 1; C. Supp. 1950, § 5178.107 (Williams, § 5175.55); modified; T.C.A. (orig. ed.), § 51-440.

70-4-122. Coon dog training.

1. 1. It is unlawful for any person or firm to train coon dogs by chasing coons 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 coons; 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.
2. 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 coon 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 coons are not taken except during the open season.
   2. Crockett County.  It is lawful at any time of the year to train coon dogs in Crockett County so long as coons are not taken except during the open season.
   3. Gibson County.  It is lawful at any time of the year to train coon dogs in Gibson County, so long as coons are not taken except during the open season.
   4. Grainger County.  It is unlawful for any person or firm to train coon dogs by chasing coons in Grainger County, except during the period beginning October 1 through February 28, so long as coons are not taken except during the open season.
   5. Hancock County.  Notwithstanding other provisions of this section, it is lawful to train coon 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 coons are not taken except during the open season.
   6. Hawkins County.  It is unlawful for any person or firm to train coon dogs by chasing coons in Hawkins County except during the open season.
   7. Haywood County.  It is lawful at any time of the year to train coon dogs in Haywood County, so long as coons are not taken except during the open season.
   8. Humphreys County.  It is lawful at any time of the year to train coon dogs in Humphreys County, so long as coons 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 coon 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 coons are not taken except during the open season.
   10. Lake County.
       1. It is unlawful for any person or firm to train coon dogs by chasing coons in Lake County except during the open season.
       2. This subdivision (b)(10) shall have no effect unless it is approved by a two-thirds (2/3) 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 coon dogs in Lauderdale County, so long as coons are not taken except during the open season.
   12. Morgan County.  It is lawful to conduct sanctioned coon hunts in Morgan County during the closed season, so long as coons are not taken during such closed season. For the purposes of this subdivision (b)(12), “sanctioned coon hunts” means chasing coons 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 coon dogs in Obion County at any time of the year, so long as coons are not taken except during the open season.
   14. Tipton County.  It is lawful at any time of the year to train coon dogs in Tipton County, so long as coons are not taken except during the open season.
   15. Unicoi County.  It is unlawful for any person or firm to train coon dogs by chasing coons in Unicoi County except during the seventy (70) days immediately prior to the season for hunting coons in such county.
   16. Washington County.  It is unlawful for any person or firm to train coon dogs by chasing coons in Washington County except during the open season.
3. A person who violates this section commits a Class C misdemeanor. Nothing in this section shall be construed as restricting the training of coon dogs where no element of chasing or hunting coons is involved.

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.

Compiler's Notes. Provisions concerning Tipton County are derived from Private Acts of 1967, ch. 25, § 1; Acts 1965, ch. 318, § 1 had provided that training coon dogs by chasing raccoons was lawful from September 1 through February 15.

This section provides that it shall be unlawful to train coon dogs by chasing coons in Hawkins County, except during the open season. However, ch. 320 of the Private Acts of 1982 provides that it “shall be unlawful for any person or firm to train coon dogs in Hawkins County during the period beginning March 1 and ending August 31 in each year,” subject to local approval. These provisions may be in conflict, depending on when the open season is set by the wildlife resources commission (now the fish and wildlife commission).

Cross-References. Coon dog training in eastern counties, § 70-4-112.

General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13.

Penalty for Class C misdemeanor, § 40-35-111.

70-4-123. Hunting with bow and arrow while in possession of firearms or accompanied by a person in possession of firearms — Penalty.

1. It is unlawful for any person hunting big game with a bow and arrow to be in possession of any firearms or be accompanied in hunting by any person possessing firearms during the archery-only deer season; provided, that persons authorized to carry a handgun pursuant to § 39-17-1351 may carry a handgun as defined in § 39-11-106(a) while hunting big game with a bow and arrow during the archery-only deer season.
2. A person who violates this section commits a Class C misdemeanor.

Acts 1967, ch. 40, §§ 1, 2; 1982, ch. 738, § 23; T.C.A., § 51-443; Acts 1989, ch. 591, § 113; 2010, ch. 621, § 1.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-124. Wearing daylight fluorescent orange color while hunting big game required — Penalty.

1. 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.
2. “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%).
3. A violation of this section is a Class C misdemeanor.
4. This section does not apply to a person hunting on that person's own property.
5. 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.

Acts 1975, ch. 178, §§ 1-3; 1982, ch. 738, § 24; T.C.A., § 51-445; Acts 1989, ch. 591, § 113; 2017, ch. 403, § 1.

Compiler's Notes. Acts 2017, ch. 403, § 2 provided that the act, which amended this section by adding (e), shall apply to all violations that occur on or after July 1, 2017.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-125. Causing death to wildlife, hunting dog or domestic animal by poisonous substance prohibited.

1. 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.
2. 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.
3. A person who violates this section commits a Class C misdemeanor.
4. Such prohibition does not apply to rabies control activities of the appropriate public health officials.

Acts 1978, ch. 792, § 1; T.C.A., § 51-446; Acts 1989, ch. 591, § 113; 1995, ch. 211, § 1.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-126. Use of electronic or battery operated device to lure or kill a fox prohibited — Penalty.

1. No person shall use any electronic or battery operated device for the purpose of luring, killing, or attempting to lure or kill a fox.
2. A person who violates this section commits a Class C misdemeanor.
3. Such prohibition does not apply to rabies control activities of the appropriate public health officials.

Acts 1978, ch. 792, § 1; 1982, ch. 738, § 5; T.C.A., § 51-447; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

70-4-127. Dove-baiting prohibited.

1. 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.
2. 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.
3. 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.

Acts 1983, ch. 471, § 1; 1989, ch. 591, § 113; 1996, ch. 675, § 73.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

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.

Acts 1983, ch. 167, § 1; 1984, ch. 535, § 1.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

70-4-129. Sale of fish and wildlife by charitable organizations.

1. 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).
2. 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.

Acts 1993, ch. 83, §§ 1, 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

70-4-130. Albino deer.

1. 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.
2. 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.
3. Violation of this section is a Class B misdemeanor, punishable by fine only.

Acts 2001, ch. 24, § 1; 2012, ch. 993, § 13.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

70-4-131. Possession of fish or wildlife illegally acquired, taken or transported from state or country of origin.

1. It is an offense for any person to possess any fish or wildlife that has been defined as fish or wildlife by the state or country of origin knowing that the fish or wildlife was acquired, taken, or transported from the state or country of origin in violation of the laws or regulations of that state or country.
2. A violation of subsection (a) is a Class A misdemeanor.

Acts 2007, ch. 82, § 1.

Cross-References.  Penalty for Class A misdemeanor, § 40-35-111.

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.

Acts 2009, ch. 596, § 2.

70-4-133. Wild-appearing swine.

1. 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.
2. It is not the intent of this section to impede the legal transportation of swine that are regulated by the department of agriculture.
3. 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.
4. 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.
5. 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.
6. 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.

Acts 2012, ch. 866, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

70-4-134. Availability of self-defense to person charged with taking, attempting to take, or harming wild animal.

1. 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:
      1. A substantial risk of death;
      2. Protracted unconsciousness;
      3. Extreme physical pain;
      4. Protracted or obvious disfigurement; or
      5. 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.
2. 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.
3. 1. 1. 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.
      2. 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.
4. 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.

Acts 2015, ch. 173, § 1.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Part 2
Wildlife Regulation and Protection

70-6-101. Enforcement authority — Inspection of game — Penalty for refusing to allow inspection — Regulations.

1. 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.
2. 1. It is the duty of every person participating in the privileges of taking or possessing such 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).
3. 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.
4. The commission is authorized to provide by duly promulgated regulations a system for issuing warning citations under such conditions as may be deemed proper.

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.

Amendments. The 2020 amendment, in (c), substituted “This section does not permit” for “Nothing in this section shall be construed to permit” and inserted “, or interior of an automobile”.

Effective Dates. Acts 2020, ch. 799, § 2. July 15, 2020.

Cross-References. Bribery of and solicitation of compensation by public servants, §§ 39-16-102, 39-16-104.

Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Game and Game Laws, § 3.

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.

Acts 1951, ch. 115, § 52 (Williams, § 5178.81); T.C.A. (orig. ed.), § 51-702.

70-6-103. Penalties for violation of title.

1. 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.
2. 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.

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.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Violations indictable without prosecutor, § 40-13-104.

70-6-104. Trial for violations — Jurisdiction — Appeals.

1. 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.
2. 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.

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.

Law Reviews.

The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.

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.

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.

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.

1. 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.
2. 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.

Acts 1951, ch. 115, § 70 (Williams, § 5178.99); T.C.A. (orig. ed.), § 51-717.

Law Reviews.

The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.

Part 2
Contraband

70-7-101. Part definitions.

As used in this part, unless the context otherwise requires:

1. 1. “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;
   2. “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
   3. “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. 1. “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
   2. “Landowner” includes any governmental entity.

Acts 1963, ch. 177, §§ 1, 2; T.C.A., §§ 51-801, 51-802; Acts 1987, ch. 448, §§ 1, 6-8.

Cross-References. Equine activities, liability, title 44, ch. 20.

Law Reviews.

Torts — Parent v. State: Tennessee's Recreational Use Statute and Its Effects on Liability, 30 U. Mem. L. Rev. 671 (2000).

When the Earth Moves and Buildings Tumble, Who Will Pay? — Tort Liability and Defenses for Earthquake Damage within the New Madrid Fault Zone, 22 Mem. St. U.L. Rev. 1 (1991).

70-7-102. Landowner's duty of care.

1. 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.
2. 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.

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.

Compiler's Notes. Acts 2004, ch. 952, § 2 inserted “skateboarding,” following “sightseeing”. Acts 2004, ch. 952, § 3 provided that the act was repealed effective July 1, 2006. Effective July 1, 2006, “skateboarding” was deleted from this section.

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.

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.

1. 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.
2. 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.

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.

Compiler's Notes. Acts 2004, ch. 622, § 10 provided that in carrying out the purposes of the act, the wildlife resources commission (now the fish and wildlife commission) shall put first and foremost the welfare of wildlife and their environment and shall not degrade nor permit degradation of the commission’s purpose and mission to protect and preserve the state’s wildlife in accordance with article XI, § 13 of the Constitution of Tennessee.

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.

Acts 1989, ch. 149, § 1; 2010, ch. 968, § 4; 2015, ch. 53, § 3.

Compiler's Notes. Acts 1989, ch. 149, § 2 provided that ch. 149 applies to any act done on or after July 1, 1989.

Part 2
Whitewater Rafting Professionals

70-8-101. Short title.

This part shall be known as the “Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974.”

Acts 1974, ch. 769, § 1; T.C.A., § 51-901.

Cross-References. Exotic animals, title 70, ch. 4, part 4.

Ginseng harvest season, title 70, ch. 8, part 2.

Humane treatment of animals not subject to state game and fish laws, § 5-9-110.

Rare plant protection and conservation, title 70, ch. 8, part 3.

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.

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:
   1. 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:
      1. The destruction, drastic modification, or severe curtailment of its habitat;
      2. Its overutilization for scientific, commercial or sporting purposes;
      3. The effect on it of disease, pollution, or predation;
      4. Other natural or man-made factors affecting its prospects of survival or recruitment within the state; or
      5. Any combination of the foregoing factors; or
   2. 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.

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.

Cross-References. Exotic animals, title 70, ch. 4, part 4.

70-8-104. Nongame species — Promulgation of regulations — Prohibited acts.

1. 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.
2. 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.
3. 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.

Acts 1974, ch. 769, § 4; 1982, ch. 738, § 35; T.C.A., § 51-904; Acts 1986, ch. 882, § 20; 2012, ch. 993, § 13.

Cross-References. Exotic animals, title 70, ch. 4, part 4.

70-8-105. Endangered or threatened species list.

1. 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.
2. 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.
3. 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.

Acts 1974, ch. 769, § 5; T.C.A., § 51-904; Acts 1986, ch. 882, §§ 21, 22; 2012, ch. 993, § 13.

Cross-References. Exotic animals, title 70, ch. 4, part 4.

70-8-106. Management programs — Exceptions to regulations.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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).

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.

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.

1. 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.
2. 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.
3. 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.
4. 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).
5. 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.

Acts 1974, ch. 769, § 8; T.C.A., § 51-908; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2015, ch. 228, § 1.

Compiler's Notes. The penalty provided in this section was changed to a Class C misdemeanor by Acts 1989, ch. 591, § 113. However, Acts 1990 ch. 981, § 3 provided that notwithstanding the provisions of ch. 591, § 113, a violation of subsection (a) is a Class B misdemeanor, and a violation of subsection (b) is a Class A misdemeanor.

For the Preamble to the act concerning the state's public policy as to property owners defending their livestock from predatory vultures, see Acts 2015, ch. 228.

Cross-References. Penalties for Class A, Class B misdemeanors, § 40-35-111.

70-8-109. Construction of provisions — Importation from other states — Validity and application of part.

1. 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.
2. 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.

Acts 1974, ch. 769, § 9; T.C.A., § 51-909.

70-8-110. Funding — Donations.

1. 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 (662/3%) 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.
2. 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.
3. 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.

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.

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.

Acts 1974, ch. 769, § 12; T.C.A., § 51-912.

Part 2
Ginseng Harvest Season