Tenn. Code Ann. § 70-1-101 — TN Code / Title 70 / Chapter 1 / Section 70-1-101
Title definitions - Construction of dates and provisions
Status: in_force

(a) As used in this title, unless the context otherwise indicates, the definitions and rules of construction in this section shall govern the construction of this title, and proclamations and rules and regulations made or adopted by the commission: (1) "Agency" means the wildlife resources agency; (2) "Angling" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort; (3) "Bag limit" means the maximum number of wildlife other than fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission; (4) "Big game" means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting; (5) "Bullfrog" means jumbo frog ( rana catesbiana ); (6) "Carcass" means the dead body of any wildlife or a portion of any such dead body; (7) "Chumming" means placing fish, parts of fish, or other material upon which fish might feed, in the waters of this state for the purpose of attracting fish to a particular area in order that they may be taken, but "chumming" does not include angling; (8) "Commission" means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission; (9) "Creel limit" means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission; (10) "Executive director" means the executive director of the wildlife resources agency; (11) "Falconry" means hunting by means of a trained raptor; (12) "Fish" means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use; (13) "Fishing" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort; (14) "Fur bearer" means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer; (15) "Game birds" means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting; (16) "Harvest tag" means the certificate that is required either by law or rule or regulation of the commission to be secured to the carcass of wildlife as evidence of legal taking and ownership; (17) "Hours" means the hours of the day or night when wildlife may be taken lawfully; (18) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife; (19) "Motor vehicle" means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel; (20) "Nongame birds" means all species of birds not classified as game birds; (21) "Nongame mammal" means all species of wild mammals not classified as big game, small game, or fur bearers. Domestic dogs and cats when running at large and apparently unclaimed and not under human control, whether licensed or unlicensed, shall come within this subdivision (a)(21) for control and regulation by law or commission rule or regulation not inconsistent with Tennessee Anti-Rabies Law, complied in title 68, chapter 8, to the extent such dogs and cats are endangering or harassing wildlife; (22) "Nonresident" means any person who is not a resident; (23) "Person" means an individual, association, partnership, or corporation; (24) "Personally attended rod or line" means a rod or line that is used for fishing or angling, and that is under the personal control of a person who is in proximity to such rod or line; (25) "Possession" means both actual and constructive possession, and any control of the object or objects referred to; (26) "Possession limit" means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person; (27) "Public hunting area" means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users; (28) "Public road" means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway; (29) "Raptor" means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle; (30) "Refuge" means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection; (31) "Resident" means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. For the purposes of this subdivision (a)(31), the following are deemed residents of this state: (A) Members of the armed services of the United States or any nation allied with the United States, who are on active duty in this state under permanent orders; (B) Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and (C) Students who are attending and have been enrolled at least six (6) months in any school, college, or university in this state; (32) "Sell" includes the offering or possessing for sale, bartering, exchanging or trading; (33) "Small game" means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting; (34) "Snagging" means fishing, without the use of either bait or artificial lure or any other device designed to attract fish, by snatching with hooks, gang hooks, or similar devices; (35) "State fishing area" means a body of water where environmental conditions are such that relatively high fish production is possible and where fishing is the principal public use of the water; (36) "Transport" means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation; (37) "Trapping" means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices; (38) "Waters of the state" means any waters within the territorial limits of the state of Tennessee; (39) "Wild bird" means all game birds, nongame birds, and raptors; (40) "Wildlife" means wild vertebrates, mollusks, crustaceans, and fish; (41) "Wildlife management area" means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users; and (42) "Zoological institution" or "zoo" means an institution operated wholly or in part by a political subdivision of the state to display wildlife to the public. For the purposes of § 70-4-403(1) , permitted permanent and temporary exhibitors are regarded as zoos. (b) Whenever in this title, or proclamation and rules and regulations adopted under this title, the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time indicated includes both dates specified. The first date specified designates the first day of the period, and the second date designates the last day of the period. (c) Every provision relating to any fish or wildlife shall be deemed to apply to any part of the fish or wildlife with the same force and effect as it applies to the whole of any fish or wildlife. Amended by 2017 Tenn. Acts, ch. 203,s 1, eff. 7/1/2017. 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.
(a) As used in this title, unless the context otherwise indicates, the definitions and rules of construction in this section shall govern the construction of this title, and proclamations and rules and regulations made or adopted by the commission: (1) "Agency" means the wildlife resources agency; (2) "Angling" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort; (3) "Bag limit" means the maximum number of wildlife other than fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission; (4) "Big game" means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting; (5) "Bullfrog" means jumbo frog ( rana catesbiana ); (6) "Carcass" means the dead body of any wildlife or a portion of any such dead body; (7) "Chumming" means placing fish, parts of fish, or other material upon which fish might feed, in the waters of this state for the purpose of attracting fish to a particular area in order that they may be taken, but "chumming" does not include angling; (8) "Commission" means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission; (9) "Creel limit" means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission; (10) "Executive director" means the executive director of the wildlife resources agency; (11) "Falconry" means hunting by means of a trained raptor; (12) "Fish" means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use; (13) "Fishing" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort; (14) "Fur bearer" means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer; (15) "Game birds" means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting; (16) "Harvest tag" means the certificate that is required either by law or rule or regulation of the commission to be secured to the carcass of wildlife as evidence of legal taking and ownership; (17) "Hours" means the hours of the day or night when wildlife may be taken lawfully; (18) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife; (19) "Motor vehicle" means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel; (20) "Nongame birds" means all species of birds not classified as game birds; (21) "Nongame mammal" means all species of wild mammals not classified as big game, small game, or fur bearers. Domestic dogs and cats when running at large and apparently unclaimed and not under human control, whether licensed or unlicensed, shall come within this subdivision (a)(21) for control and regulation by law or commission rule or regulation not inconsistent with Tennessee Anti-Rabies Law, complied in title 68, chapter 8, to the extent such dogs and cats are endangering or harassing wildlife; (22) "Nonresident" means any person who is not a resident; (23) "Person" means an individual, association, partnership, or corporation; (24) "Personally attended rod or line" means a rod or line that is used for fishing or angling, and that is under the personal control of a person who is in proximity to such rod or line; (25) "Possession" means both actual and constructive possession, and any control of the object or objects referred to; (26) "Possession limit" means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person; (27) "Public hunting area" means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users; (28) "Public road" means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway; (29) "Raptor" means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle; (30) "Refuge" means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection; (31) "Resident" means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. For the purposes of this subdivision (a)(31), the following are deemed residents of this state: (A) Members of the armed services of the United States or any nation allied with the United States, who are on active duty in this state under permanent orders; (B) Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and (C) Students who are attending and have been enrolled at least six (6) months in any school, college, or university in this state; (32) "Sell" includes the offering or possessing for sale, bartering, exchanging or trading; (33) "Small game" means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting; (34) "Snagging" means fishing, without the use of either bait or artificial lure or any other device designed to attract fish, by snatching with hooks, gang hooks, or similar devices; (35) "State fishing area" means a body of water where environmental conditions are such that relatively high fish production is possible and where fishing is the principal public use of the water; (36) "Transport" means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation; (37) "Trapping" means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices; (38) "Waters of the state" means any waters within the territorial limits of the state of Tennessee; (39) "Wild bird" means all game birds, nongame birds, and raptors; (40) "Wildlife" means wild vertebrates, mollusks, crustaceans, and fish; (41) "Wildlife management area" means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users; and (42) "Zoological institution" or "zoo" means an institution operated wholly or in part by a political subdivision of the state to display wildlife to the public. For the purposes of § 70-4-403(1) , permitted permanent and temporary exhibitors are regarded as zoos.
(1) "Agency" means the wildlife resources agency;
(2) "Angling" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort;
(3) "Bag limit" means the maximum number of wildlife other than fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission;
(4) "Big game" means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting;
(5) "Bullfrog" means jumbo frog ( rana catesbiana );
(6) "Carcass" means the dead body of any wildlife or a portion of any such dead body;
(7) "Chumming" means placing fish, parts of fish, or other material upon which fish might feed, in the waters of this state for the purpose of attracting fish to a particular area in order that they may be taken, but "chumming" does not include angling;
(8) "Commission" means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission;
(9) "Creel limit" means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission;
(10) "Executive director" means the executive director of the wildlife resources agency;
(11) "Falconry" means hunting by means of a trained raptor;
(12) "Fish" means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use;
(13) "Fishing" means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort;
(14) "Fur bearer" means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer;
(15) "Game birds" means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting;
(16) "Harvest tag" means the certificate that is required either by law or rule or regulation of the commission to be secured to the carcass of wildlife as evidence of legal taking and ownership;
(17) "Hours" means the hours of the day or night when wildlife may be taken lawfully;
(18) "Hunting" means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife;
(19) "Motor vehicle" means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel;
(20) "Nongame birds" means all species of birds not classified as game birds;
(21) "Nongame mammal" means all species of wild mammals not classified as big game, small game, or fur bearers. Domestic dogs and cats when running at large and apparently unclaimed and not under human control, whether licensed or unlicensed, shall come within this subdivision (a)(21) for control and regulation by law or commission rule or regulation not inconsistent with Tennessee Anti-Rabies Law, complied in title 68, chapter 8, to the extent such dogs and cats are endangering or harassing wildlife;
(22) "Nonresident" means any person who is not a resident;
(23) "Person" means an individual, association, partnership, or corporation;
(24) "Personally attended rod or line" means a rod or line that is used for fishing or angling, and that is under the personal control of a person who is in proximity to such rod or line;
(25) "Possession" means both actual and constructive possession, and any control of the object or objects referred to;
(26) "Possession limit" means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person;
(27) "Public hunting area" means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users;
(28) "Public road" means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway;
(29) "Raptor" means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle;
(30) "Refuge" means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection;
(31) "Resident" means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. For the purposes of this subdivision (a)(31), the following are deemed residents of this state: (A) Members of the armed services of the United States or any nation allied with the United States, who are on active duty in this state under permanent orders; (B) Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and (C) Students who are attending and have been enrolled at least six (6) months in any school, college, or university in this state;
(A) Members of the armed services of the United States or any nation allied with the United States, who are on active duty in this state under permanent orders;
(B) Personnel in the diplomatic service of any nation recognized by the United States, who are assigned to duty in this state; and
(C) Students who are attending and have been enrolled at least six (6) months in any school, college, or university in this state;
(32) "Sell" includes the offering or possessing for sale, bartering, exchanging or trading;
(33) "Small game" means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting;
(34) "Snagging" means fishing, without the use of either bait or artificial lure or any other device designed to attract fish, by snatching with hooks, gang hooks, or similar devices;
(35) "State fishing area" means a body of water where environmental conditions are such that relatively high fish production is possible and where fishing is the principal public use of the water;
(36) "Transport" means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation;
(37) "Trapping" means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices;
(38) "Waters of the state" means any waters within the territorial limits of the state of Tennessee;
(39) "Wild bird" means all game birds, nongame birds, and raptors;
(40) "Wildlife" means wild vertebrates, mollusks, crustaceans, and fish;
(41) "Wildlife management area" means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users; and
(42) "Zoological institution" or "zoo" means an institution operated wholly or in part by a political subdivision of the state to display wildlife to the public. For the purposes of § 70-4-403(1) , permitted permanent and temporary exhibitors are regarded as zoos.
(b) Whenever in this title, or proclamation and rules and regulations adopted under this title, the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time indicated includes both dates specified. The first date specified designates the first day of the period, and the second date designates the last day of the period.
(c) Every provision relating to any fish or wildlife shall be deemed to apply to any part of the fish or wildlife with the same force and effect as it applies to the whole of any fish or wildlife.
Amended by 2017 Tenn. Acts, ch. 203,s 1, eff. 7/1/2017.
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.
Tenn. Code Ann. § 70-4-414 — TN Code / Title 70 / Chapter 4 / Section 70-4-414
Raptors - Falconry permit
Status: in_force

(a) Before any person may take, transport or possess raptors for the purpose of falconry, such person shall first obtain a falconry permit in accordance with the rules and regulations promulgated by the commission. This permit is supplemental to all other permits and licenses required for hunting as provided in this title, except that a holder of a falconry license may import and possess raptors legally obtained without the necessity of an importation permit. (b) Rules and regulations promulgated by the commission shall govern the taking, importation, possession and use of raptors, and shall require applicants for such permit to satisfactorily pass a written examination attesting to their qualification to possess and use falcons. The rules and regulations may provide for a waiver of the examination if the applicant has satisfactorily passed an examination in any other state that the commission deems comparable to the Tennessee examination. The rules and regulations shall not be less restrictive than federal regulations governing taking, transporting, possessing and using raptors for the purpose of falconry. Acts 1991, ch. 487, § 1.
(a) Before any person may take, transport or possess raptors for the purpose of falconry, such person shall first obtain a falconry permit in accordance with the rules and regulations promulgated by the commission. This permit is supplemental to all other permits and licenses required for hunting as provided in this title, except that a holder of a falconry license may import and possess raptors legally obtained without the necessity of an importation permit.
(b) Rules and regulations promulgated by the commission shall govern the taking, importation, possession and use of raptors, and shall require applicants for such permit to satisfactorily pass a written examination attesting to their qualification to possess and use falcons. The rules and regulations may provide for a waiver of the examination if the applicant has satisfactorily passed an examination in any other state that the commission deems comparable to the Tennessee examination. The rules and regulations shall not be less restrictive than federal regulations governing taking, transporting, possessing and using raptors for the purpose of falconry.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-2-212 — TN Code / Title 70 / Chapter 2 / Section 70-2-212
Stocking of wildlife - Inspections - Charges
Status: in_force

(a) Stocking of wildlife is declared to be a prerogative of the state. All persons desiring to stock wildlife shall first obtain a permit from the executive director. Such a permit will be issued free of charge. Applications for fish from the United States fish and wildlife service, when approved by the wildlife resources agency, shall be considered a sufficient permit for the purpose of this section. (b) The wildlife resources agency has the power to inspect all live fish entering the state, regardless of their source, and to destroy any shipment found to be diseased, without incurring any liabilities for so doing. (c) The agency is authorized to impose reasonable charges to defray expenses for stocking fish in private ponds. The charges may reflect the agency's costs for raising and transporting the fish together with other associated costs. Acts 1951, ch. 115, § 22 (Williams, § 5178.51); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1982, ch. 738, § 8; T.C.A. (orig. ed.), § 51-223; Acts 2000, ch. 837, § 6.
(a) Stocking of wildlife is declared to be a prerogative of the state. All persons desiring to stock wildlife shall first obtain a permit from the executive director. Such a permit will be issued free of charge. Applications for fish from the United States fish and wildlife service, when approved by the wildlife resources agency, shall be considered a sufficient permit for the purpose of this section.
(b) The wildlife resources agency has the power to inspect all live fish entering the state, regardless of their source, and to destroy any shipment found to be diseased, without incurring any liabilities for so doing.
(c) The agency is authorized to impose reasonable charges to defray expenses for stocking fish in private ponds. The charges may reflect the agency's costs for raising and transporting the fish together with other associated costs.
Acts 1951, ch. 115, § 22 (Williams, § 5178.51); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1982, ch. 738, § 8; T.C.A. (orig. ed.), § 51-223; Acts 2000, ch. 837, § 6.
Tenn. Code Ann. § 70-2-204 — TN Code / Title 70 / Chapter 2 / Section 70-2-204
Hunting and fishing on farmland - License exemption to owners, tenants, and specified spouses and relatives - Proof of compliance
Status: in_force

(a) (1) (A) The owners and tenants of farmlands, and their spouses and children, have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which they or their spouses or parents are the bona fide owners or tenants, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (B) The grandchildren and great-grandchildren under sixteen (16) years of age of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their grandparent or great-grandparent or grandparents or great-grandparents are the bona fide owners, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (C) The spouses of the children of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their mother-in-law or father-in-law is the bona fide owner, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (D) Tenants and their spouses and their dependent children must be bona fide residents of this state and must actually reside on the land. (E) Owners and their spouses, children, spouses of children, qualified grandchildren, and qualified great-grandchildren must be bona fide residents of this state. (F) Land may qualify as farmland only if it is owned by no more than one (1) individual or a family; provided, that, if land is owned jointly or in common by persons who are first cousins related by blood, then such cousins and their children may hunt small game and fish on such land under this subsection (a). (2) "Family" means any combination of kinship within the third degree, including any spouse who has an interest in the property. (3) "Tenant" means an individual who receives compensation, such as free rent or money, for acting either in the place of or at the direction of the landowner in tending to the requirements needed to care for the farmland. The primary purpose of the tenancy shall be agricultural in nature. (b) Each person claiming a license exemption under subsection (a) shall provide identification and shall submit a signed statement attesting to the exempt status described in the statement and a description of the land and the name of the land owner when requested by an officer of the wildlife agency or upon presenting any game to a check station. Such statement shall contain information sufficient to demonstrate that such person has complied with the requirements of subsection (a). The commission shall prepare a preprinted form for the submission of such statements for convenience of use. Submission of false information in a signed statement is a Class C misdemeanor. (c) A violation of this section is a Class C misdemeanor. Amended by 2020 Tenn. Acts, ch. 746, s 1, eff. 10/1/2020. Acts 1951, ch. 115, § 16; 1953, ch. 255, § 2 (Williams, § 5178.45); T.C.A. (orig. ed.), § 51-207; Acts 1990, ch. 981, § 4; 1993, ch. 310, §§ 1, 2; 1994, ch. 746, § 1; 2000, ch. 837, § 7; 2001, ch. 75, § 1; 2005, ch. 341, § 1.
(a) (1) (A) The owners and tenants of farmlands, and their spouses and children, have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which they or their spouses or parents are the bona fide owners or tenants, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (B) The grandchildren and great-grandchildren under sixteen (16) years of age of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their grandparent or great-grandparent or grandparents or great-grandparents are the bona fide owners, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (C) The spouses of the children of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their mother-in-law or father-in-law is the bona fide owner, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (D) Tenants and their spouses and their dependent children must be bona fide residents of this state and must actually reside on the land. (E) Owners and their spouses, children, spouses of children, qualified grandchildren, and qualified great-grandchildren must be bona fide residents of this state. (F) Land may qualify as farmland only if it is owned by no more than one (1) individual or a family; provided, that, if land is owned jointly or in common by persons who are first cousins related by blood, then such cousins and their children may hunt small game and fish on such land under this subsection (a). (2) "Family" means any combination of kinship within the third degree, including any spouse who has an interest in the property. (3) "Tenant" means an individual who receives compensation, such as free rent or money, for acting either in the place of or at the direction of the landowner in tending to the requirements needed to care for the farmland. The primary purpose of the tenancy shall be agricultural in nature.
(1) (A) The owners and tenants of farmlands, and their spouses and children, have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which they or their spouses or parents are the bona fide owners or tenants, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (B) The grandchildren and great-grandchildren under sixteen (16) years of age of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their grandparent or great-grandparent or grandparents or great-grandparents are the bona fide owners, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (C) The spouses of the children of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their mother-in-law or father-in-law is the bona fide owner, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license. (D) Tenants and their spouses and their dependent children must be bona fide residents of this state and must actually reside on the land. (E) Owners and their spouses, children, spouses of children, qualified grandchildren, and qualified great-grandchildren must be bona fide residents of this state. (F) Land may qualify as farmland only if it is owned by no more than one (1) individual or a family; provided, that, if land is owned jointly or in common by persons who are first cousins related by blood, then such cousins and their children may hunt small game and fish on such land under this subsection (a).
(A) The owners and tenants of farmlands, and their spouses and children, have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which they or their spouses or parents are the bona fide owners or tenants, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license.
(B) The grandchildren and great-grandchildren under sixteen (16) years of age of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their grandparent or great-grandparent or grandparents or great-grandparents are the bona fide owners, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license.
(C) The spouses of the children of the owners of farmlands have the right to engage in the sport of hunting and fishing, subject to all laws or regulations concerning wildlife, upon such lands and waters on the land of which their mother-in-law or father-in-law is the bona fide owner, with the permission of the landowner, during the season when it is lawful to do so, without procuring a hunting and sport fishing license.
(D) Tenants and their spouses and their dependent children must be bona fide residents of this state and must actually reside on the land.
(E) Owners and their spouses, children, spouses of children, qualified grandchildren, and qualified great-grandchildren must be bona fide residents of this state.
(F) Land may qualify as farmland only if it is owned by no more than one (1) individual or a family; provided, that, if land is owned jointly or in common by persons who are first cousins related by blood, then such cousins and their children may hunt small game and fish on such land under this subsection (a).
(2) "Family" means any combination of kinship within the third degree, including any spouse who has an interest in the property.
(3) "Tenant" means an individual who receives compensation, such as free rent or money, for acting either in the place of or at the direction of the landowner in tending to the requirements needed to care for the farmland. The primary purpose of the tenancy shall be agricultural in nature.
(b) Each person claiming a license exemption under subsection (a) shall provide identification and shall submit a signed statement attesting to the exempt status described in the statement and a description of the land and the name of the land owner when requested by an officer of the wildlife agency or upon presenting any game to a check station. Such statement shall contain information sufficient to demonstrate that such person has complied with the requirements of subsection (a). The commission shall prepare a preprinted form for the submission of such statements for convenience of use. Submission of false information in a signed statement is a Class C misdemeanor.
(c) A violation of this section is a Class C misdemeanor.
Amended by 2020 Tenn. Acts, ch. 746, s 1, eff. 10/1/2020.
Acts 1951, ch. 115, § 16; 1953, ch. 255, § 2 (Williams, § 5178.45); T.C.A. (orig. ed.), § 51-207; Acts 1990, ch. 981, § 4; 1993, ch. 310, §§ 1, 2; 1994, ch. 746, § 1; 2000, ch. 837, § 7; 2001, ch. 75, § 1; 2005, ch. 341, § 1.
Tenn. Code Ann. § 70-1-401 — TN Code / Title 70 / Chapter 1 / Section 70-1-401
Wildlife resources fund established
Status: in_force

(a) All moneys sent to the state treasury in payment of licenses, advertising, contraband, fines, penalties, and forfeitures arising from the wildlife resources laws of this state shall be set aside. This fund shall constitute a fund known as the "wildlife resources fund" for: (1) The payment of the wildlife resources agency's necessary and incidental expenses; (2) The payment of the salaries and traveling expenses of the director, office assistants, and other persons appointed or employed by the director; (3) The purchase of lands suitable for wildlife resources farms, reservations, wildlife management areas, fishing areas, access areas, fish hatcheries or rearing ponds; (4) The construction of suitable buildings, ponds, and propagation pens, and the purchase and propagation of wildlife, and other essentials necessary to restock the state or maintain wildlife resources farms, reservations, fisheries and hatcheries; (5) The promotion, advancement and efficient management of wildlife, including educational activities to that end; and (6) Any purpose of or in consequence of this title not otherwise provided for. (b) No part of the funds realized from the sale of licenses, advertising, from contrabands, fines, penalties, forfeitures, or from any privilege taxes levied under this title shall be used for any other purposes than those set out in subsection (a), nor shall any part of the wildlife resources fund be diverted to the general fund or any other public fund. Likewise, interest accruing on investments and deposits of the wildlife resources fund shall be returned to the fund and remain a part of it, and under no circumstances shall such interest be diverted to any other public fund. Acts 1974, ch. 481, § 9; 1979, ch. 286, § 1; T.C.A., § 51-128; Acts 2000, ch. 837, §§ 2, 3.
(a) All moneys sent to the state treasury in payment of licenses, advertising, contraband, fines, penalties, and forfeitures arising from the wildlife resources laws of this state shall be set aside. This fund shall constitute a fund known as the "wildlife resources fund" for: (1) The payment of the wildlife resources agency's necessary and incidental expenses; (2) The payment of the salaries and traveling expenses of the director, office assistants, and other persons appointed or employed by the director; (3) The purchase of lands suitable for wildlife resources farms, reservations, wildlife management areas, fishing areas, access areas, fish hatcheries or rearing ponds; (4) The construction of suitable buildings, ponds, and propagation pens, and the purchase and propagation of wildlife, and other essentials necessary to restock the state or maintain wildlife resources farms, reservations, fisheries and hatcheries; (5) The promotion, advancement and efficient management of wildlife, including educational activities to that end; and (6) Any purpose of or in consequence of this title not otherwise provided for.
(1) The payment of the wildlife resources agency's necessary and incidental expenses;
(2) The payment of the salaries and traveling expenses of the director, office assistants, and other persons appointed or employed by the director;
(3) The purchase of lands suitable for wildlife resources farms, reservations, wildlife management areas, fishing areas, access areas, fish hatcheries or rearing ponds;
(4) The construction of suitable buildings, ponds, and propagation pens, and the purchase and propagation of wildlife, and other essentials necessary to restock the state or maintain wildlife resources farms, reservations, fisheries and hatcheries;
(5) The promotion, advancement and efficient management of wildlife, including educational activities to that end; and
(6) Any purpose of or in consequence of this title not otherwise provided for.
(b) No part of the funds realized from the sale of licenses, advertising, from contrabands, fines, penalties, forfeitures, or from any privilege taxes levied under this title shall be used for any other purposes than those set out in subsection (a), nor shall any part of the wildlife resources fund be diverted to the general fund or any other public fund. Likewise, interest accruing on investments and deposits of the wildlife resources fund shall be returned to the fund and remain a part of it, and under no circumstances shall such interest be diverted to any other public fund.
Acts 1974, ch. 481, § 9; 1979, ch. 286, § 1; T.C.A., § 51-128; Acts 2000, ch. 837, §§ 2, 3.
Tenn. Code Ann. § 70-8-305 — TN Code / Title 70 / Chapter 8 / Section 70-8-305
List of endangered species
Status: in_force

The list of endangered species promulgated by the commissioner pursuant to § 70-8-304(2) shall be made on the basis of the investigations authorized by § 70-8-304(1) , other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons and organizations. The commissioner of agriculture shall review the listing of endangered species before it becomes final and shall concur in the listing of any endangered species before that species may be listed. This listing shall be reviewed at least once every three (3) years and may be amended as necessary. Notwithstanding § 4-5-202 to the contrary, the public through a public hearing shall be provided an opportunity for participation in this listing of plants. Acts 1985, ch. 242, § 5; T.C.A., § 11-26-205.
The list of endangered species promulgated by the commissioner pursuant to § 70-8-304(2) shall be made on the basis of the investigations authorized by § 70-8-304(1) , other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons and organizations. The commissioner of agriculture shall review the listing of endangered species before it becomes final and shall concur in the listing of any endangered species before that species may be listed. This listing shall be reviewed at least once every three (3) years and may be amended as necessary. Notwithstanding § 4-5-202 to the contrary, the public through a public hearing shall be provided an opportunity for participation in this listing of plants.
Acts 1985, ch. 242, § 5; T.C.A., § 11-26-205.
Tenn. Code Ann. § 70-4-106 — TN Code / Title 70 / Chapter 4 / Section 70-4-106
Permission of owner of land to take wildlife or big game required - Penalty for violations
Status: in_force

(a) (1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission. (2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for any violation of this subsection (a), the court may revoke the license of the person so convicted. Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record. (b) (1) (A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language "Hunting By Written Permission Only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands. (B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods: (i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or (ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1") wide and four inches (4") long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings. (C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2). (2) (A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court. (B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state. (C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted. 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.
(a) (1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission. (2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for any violation of this subsection (a), the court may revoke the license of the person so convicted. Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
(1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission.
(2) A violation of this subsection (a) is a Class C misdemeanor. Upon conviction for any violation of this subsection (a), the court may revoke the license of the person so convicted. Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
(b) (1) (A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language "Hunting By Written Permission Only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands. (B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods: (i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or (ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1") wide and four inches (4") long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings. (C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2). (2) (A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court. (B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state. (C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted.
(1) (A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language "Hunting By Written Permission Only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands. (B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods: (i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or (ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1") wide and four inches (4") long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings. (C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2).
(A) Notwithstanding subsection (a), it is unlawful for any person to hunt, take, chase, trap or kill any game as defined in § 70-1-101 upon lands posted with signs approved by the wildlife resources agency bearing the language "Hunting By Written Permission Only" and bearing the name of the landowner or the person in possession or control of such lands, without having first obtained the written permission of or being accompanied by the landowner or the person in possession or control of such lands and having authority from the owner to give such permission. Every person who hunts, takes, chases, traps or kills any game on such lands shall have such written permission in immediate possession at all times and shall display the same upon demand of an officer of the wildlife resources agency, sheriff or other peace officer charged with the enforcement of the laws of this state. Written permission shall not be required of the landowner, the landowner's dependents, the person in possession or control of such lands, or the dependents of the person in possession or control of such lands.
(B) The signs posted pursuant to this subsection (b) must be posted by either of the following methods: (i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or (ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1") wide and four inches (4") long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
(i) The signs must be visible at all major points of ingress of the lands being posted, in such manner that the signs are reasonably likely to come to the attention of intruders; or
(ii) The signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings, which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1") wide and four inches (4") long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
(C) Any person who posts signs pursuant to this subsection (b) without authorization from the landowner is subject to the penalties imposed by subdivision (b)(2).
(2) (A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court. (B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state. (C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted.
(A) A violation of this subsection (b) is a Class C misdemeanor. Upon conviction for any violation of this subsection (b), the court may revoke the license of the person convicted. Any license so revoked shall be surrendered to the court.
(B) This subsection (b) is enforceable and may be prosecuted by all officers of the wildlife resources agency, sheriffs and other peace officers charged with the enforcement of the laws of this state.
(C) An affidavit from the landowner or the person in possession or control of such lands stating that the property on which the violation occurred was properly posted in accordance with this section shall create an inference that such lands were properly posted.
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.
Tenn. Code Ann. § 70-7-103 — TN Code / Title 70 / Chapter 7 / Section 70-7-103
Effect of landowner's permission
Status: in_force

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 . Amended by 2015 Tenn. Acts, ch. 53,s 2, eff. 4/6/2015. Acts 1963, ch. 177, § 4; T.C.A., § 51-804; Acts 1987, ch. 448, § 3; 2010, ch. 968, § 2.
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 .
Amended by 2015 Tenn. Acts, ch. 53,s 2, eff. 4/6/2015.
Acts 1963, ch. 177, § 4; T.C.A., § 51-804; Acts 1987, ch. 448, § 3; 2010, ch. 968, § 2.
Tenn. Code Ann. § 70-5-112 — TN Code / Title 70 / Chapter 5 / Section 70-5-112
Definitions - Reelfoot Lake - Diversion of water
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Entity of state or local government" means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government; (2) "Person" means any individual, partnership, firm, corporation, or association; (3) "Project" means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and (4) "Water" means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters. (b) Notwithstanding any law or regulation to the contrary, without the prior written approval of the executive director of the agency, or the executive director's designee, no official, employee, or agent of any entity of state or local government, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, without such prior written approval, no such official, employee, or agent, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats. (c) Each violation of this section constitutes a Class C misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Any violation that continues into a successive day shall be regarded as a separate offense. Acts 1986, ch. 670, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Entity of state or local government" means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government; (2) "Person" means any individual, partnership, firm, corporation, or association; (3) "Project" means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and (4) "Water" means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters.
(1) "Entity of state or local government" means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government;
(2) "Person" means any individual, partnership, firm, corporation, or association;
(3) "Project" means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and
(4) "Water" means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters.
(b) Notwithstanding any law or regulation to the contrary, without the prior written approval of the executive director of the agency, or the executive director's designee, no official, employee, or agent of any entity of state or local government, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, without such prior written approval, no such official, employee, or agent, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats.
(c) Each violation of this section constitutes a Class C misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Any violation that continues into a successive day shall be regarded as a separate offense.
Acts 1986, ch. 670, § 1.
Tenn. Code Ann. § 70-4-105 — TN Code / Title 70 / Chapter 4 / Section 70-4-105
Lawful possession of wildlife by legal license holders
Status: in_force

(a) Wild animals, wild birds, or wild fowl lawfully taken may be possessed by legal license holders during any open season for their lawful taking, designated pursuant to the terms of § 70-4-107(b)-(d) , but no person shall have in possession or in storage, or both, during any open season or at any other time, more than the possession limit prescribed by the fish and wildlife commission. (b) Any person violating this section commits a Class C misdemeanor. 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.
(a) Wild animals, wild birds, or wild fowl lawfully taken may be possessed by legal license holders during any open season for their lawful taking, designated pursuant to the terms of § 70-4-107(b)-(d) , but no person shall have in possession or in storage, or both, during any open season or at any other time, more than the possession limit prescribed by the fish and wildlife commission.
(b) Any person violating this section commits a Class C misdemeanor.
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.
Tenn. Code Ann. § 70-4-108 — TN Code / Title 70 / Chapter 4 / Section 70-4-108
Hunting from or across public road or near dwelling - Penalty
Status: in_force

(a) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a public road right-of-way, or to shoot any firearms across or on any public road. (b) It is unlawful to hunt, shoot at, chase, or kill, with or without dogs any wild animal, wild bird or wild fowl on public lands and waters within one hundred yards (100 yds.) of a visible dwelling house, whether or not such dwelling house is on public or private lands, without the owner's permission. (c) A violation of subsection (a) or (b) is a Class C misdemeanor. (d) (1) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a motor vehicle on either a public road or right-of-way, or from a public road or right-of-way after leaving a motor vehicle specifically for such purpose with the immediate intent to return to the vehicle. (2) A violation of this subsection (d) is a Class A misdemeanor. 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.
(a) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a public road right-of-way, or to shoot any firearms across or on any public road.
(b) It is unlawful to hunt, shoot at, chase, or kill, with or without dogs any wild animal, wild bird or wild fowl on public lands and waters within one hundred yards (100 yds.) of a visible dwelling house, whether or not such dwelling house is on public or private lands, without the owner's permission.
(c) A violation of subsection (a) or (b) is a Class C misdemeanor.
(d) (1) It is unlawful to hunt, shoot at, chase, catch, or kill, with or without dogs, any wild animal, wild bird, or wild fowl from a motor vehicle on either a public road or right-of-way, or from a public road or right-of-way after leaving a motor vehicle specifically for such purpose with the immediate intent to return to the vehicle. (2) A violation of this subsection (d) is a Class A misdemeanor.
(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.
Tenn. Code Ann. § 70-4-203 — TN Code / Title 70 / Chapter 4 / Section 70-4-203
Transportation of protected game or fish out of the state - Duty of transporters - Penalty
Status: in_force

(a) Any person who desires to take protected game or fish out of the state may do so under the following conditions, but not otherwise: (1) Such person must have in possession at the time of such taking out of the state, or at the time of transporting within the state, a hunting and fishing license, duly issued to such person under this title; and (2) Such person cannot take from the state more than two days' bag or creel limit on ducks or other migratory birds or protected game or fish. (b) Any officer of the wildlife resources agency, or assistant officer of the wildlife resources agency, sheriff, deputy sheriff, constable or other officer has the right to demand of any person possessing game and proposing to take it out of the state an inspection of such person's license. A refusal on the part of the person to exhibit the license is a Class C misdemeanor. (c) Any resident hunter may have game or fish transported home by filing with the common carrier a written statement with name and address, the number of such person's hunting license, and the number of game or fish to be so transported, and that the game or fish was legally killed by such person and is not for sale. A copy of the statement shall be attached to such person's game, or to whatever the game may be enclosed in. (d) It is unlawful for any person, company or common carrier to ship or transport any birds, game fish or animals as mentioned in this section, except as otherwise provided in this title, without having ascertained that the person offering the same for shipment was then and there in possession of a hunting and fishing license duly issued and covering the period when the shipment was offered, and without requiring such person to accompany the shipment. (e) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, §§ 59, 60; 1953, ch. 255, § 5 (Williams, §§ 5178.88, 5178.89); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-503, 51-504; Acts 1989, ch. 591, § 113.
(a) Any person who desires to take protected game or fish out of the state may do so under the following conditions, but not otherwise: (1) Such person must have in possession at the time of such taking out of the state, or at the time of transporting within the state, a hunting and fishing license, duly issued to such person under this title; and (2) Such person cannot take from the state more than two days' bag or creel limit on ducks or other migratory birds or protected game or fish.
(1) Such person must have in possession at the time of such taking out of the state, or at the time of transporting within the state, a hunting and fishing license, duly issued to such person under this title; and
(2) Such person cannot take from the state more than two days' bag or creel limit on ducks or other migratory birds or protected game or fish.
(b) Any officer of the wildlife resources agency, or assistant officer of the wildlife resources agency, sheriff, deputy sheriff, constable or other officer has the right to demand of any person possessing game and proposing to take it out of the state an inspection of such person's license. A refusal on the part of the person to exhibit the license is a Class C misdemeanor.
(c) Any resident hunter may have game or fish transported home by filing with the common carrier a written statement with name and address, the number of such person's hunting license, and the number of game or fish to be so transported, and that the game or fish was legally killed by such person and is not for sale. A copy of the statement shall be attached to such person's game, or to whatever the game may be enclosed in.
(d) It is unlawful for any person, company or common carrier to ship or transport any birds, game fish or animals as mentioned in this section, except as otherwise provided in this title, without having ascertained that the person offering the same for shipment was then and there in possession of a hunting and fishing license duly issued and covering the period when the shipment was offered, and without requiring such person to accompany the shipment.
(e) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, §§ 59, 60; 1953, ch. 255, § 5 (Williams, §§ 5178.88, 5178.89); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-503, 51-504; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-4-204 — TN Code / Title 70 / Chapter 4 / Section 70-4-204
Cold storage of wildlife - Penalty for violations
Status: in_force

(a) (1) No person, firm or corporation shall place in cold storage at any one (1) time more than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish. (2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency. (b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or wild fowl or game fish stored in violation of this section is a separate offense. Acts 1951, ch. 115, § 61 (Williams, § 5178.90); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7; 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-505; Acts 1989, ch. 591, § 113.
(a) (1) No person, firm or corporation shall place in cold storage at any one (1) time more than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish. (2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency.
(1) No person, firm or corporation shall place in cold storage at any one (1) time more than two days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish.
(2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency.
(b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or wild fowl or game fish stored in violation of this section is a separate offense.
Acts 1951, ch. 115, § 61 (Williams, § 5178.90); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7; 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-505; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-1-505 — TN Code / Title 70 / Chapter 1 / Section 70-1-505
Annual financial reports - Audit
Status: in_force

The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust fund. The annual reports, books, accounts, and financial records of the trust fund are subject to audit by the comptroller of the treasury. Amended by 2022 Tenn. Acts, ch. 874, s 5, eff. 4/14/2022. Acts 1998, ch. 610, § 2.
The trustees shall prepare annual financial reports following the close of each fiscal year relative to the activities of the trust fund. The annual reports, books, accounts, and financial records of the trust fund are subject to audit by the comptroller of the treasury.
Amended by 2022 Tenn. Acts, ch. 874, s 5, eff. 4/14/2022.
Acts 1998, ch. 610, § 2.
Tenn. Code Ann. § 70-1-204 — TN Code / Title 70 / Chapter 1 / Section 70-1-204
Appointments to commission
Status: in_force

(a) Appointments to be made by the governor shall be made from districts of the grand divisions of the state in which the vacancy occurred, and the boundaries of the nine (9) districts shall remain the same as the boundaries that were in effect on February 9, 1959. (b) Appointments to be made by the speaker of the senate and speaker of the house of representatives shall be made from the grand divisions of this state as described in title 4, chapter 1, part 2. No more than one (1) member appointed by the speaker of the senate shall be from the same grand division. No more than one (1) member appointed by the speaker of the house shall be from the same grand division. The speakers shall strive to ensure each grand division is represented in their appointments. No more than one (1) speaker appointed member shall be from any one (1) county. (c) All appointments shall be made from persons having or possessing the qualifications specified by § 70-1-201 , which qualifications shall be determined by consultation with known and recognized leaders in the field of conservation in this state. At least one (1) person shall have or possess the qualifications specified by § 67-6-207(e) , which qualifications shall be determined by consultation with known and recognized leaders in the field of agriculture in this state. The governor shall strive to ensure that the concerns of the typical hunter and angler are represented in appointments made to the commission. Acts 2012, ch. 993, § 1.
(a) Appointments to be made by the governor shall be made from districts of the grand divisions of the state in which the vacancy occurred, and the boundaries of the nine (9) districts shall remain the same as the boundaries that were in effect on February 9, 1959.
(b) Appointments to be made by the speaker of the senate and speaker of the house of representatives shall be made from the grand divisions of this state as described in title 4, chapter 1, part 2. No more than one (1) member appointed by the speaker of the senate shall be from the same grand division. No more than one (1) member appointed by the speaker of the house shall be from the same grand division. The speakers shall strive to ensure each grand division is represented in their appointments. No more than one (1) speaker appointed member shall be from any one (1) county.
(c) All appointments shall be made from persons having or possessing the qualifications specified by § 70-1-201 , which qualifications shall be determined by consultation with known and recognized leaders in the field of conservation in this state. At least one (1) person shall have or possess the qualifications specified by § 67-6-207(e) , which qualifications shall be determined by consultation with known and recognized leaders in the field of agriculture in this state. The governor shall strive to ensure that the concerns of the typical hunter and angler are represented in appointments made to the commission.
Acts 2012, ch. 993, § 1.
Tenn. Code Ann. § 70-8-106 — TN Code / Title 70 / Chapter 8 / Section 70-8-106
Management programs - Exceptions to regulations
Status: in_force

(a) The executive director shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered or threatened wildlife. The executive director shall utilize all authority vested in the agency to carry out the purposes of this section. (b) In carrying out programs authorized by this section, the executive director may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under this section or utilized for management of nongame and endangered or threatened wildlife. (c) The governor shall review other programs administered by the governor and, to the extent practicable, utilize such programs in furtherance of the purposes of this section. The governor shall also encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section. (d) The executive director may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife that appear on the state list of endangered or threatened species, on the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17, Appendix D), as amended and accepted in accordance with § 70-8-105(c) , or on the United States' List of Endangered Foreign Fish and Wildlife ( 50 CFR, Part 17, Appendix A), as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife or for other species purposes. (e) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health and safety, endangered or threatened species may be removed, captured or destroyed but only pursuant to a permit issued by the executive director and by or under the supervision of an agent of the agency; provided, that endangered or threatened species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the executive director pursuant to § 70-8-104(a) . Acts 1974, ch. 769, § 6; T.C.A., § 51-906.
(a) The executive director shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered or threatened wildlife. The executive director shall utilize all authority vested in the agency to carry out the purposes of this section.
(b) In carrying out programs authorized by this section, the executive director may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under this section or utilized for management of nongame and endangered or threatened wildlife.
(c) The governor shall review other programs administered by the governor and, to the extent practicable, utilize such programs in furtherance of the purposes of this section. The governor shall also encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(d) The executive director may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife that appear on the state list of endangered or threatened species, on the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17, Appendix D), as amended and accepted in accordance with § 70-8-105(c) , or on the United States' List of Endangered Foreign Fish and Wildlife ( 50 CFR, Part 17, Appendix A), as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife or for other species purposes.
(e) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health and safety, endangered or threatened species may be removed, captured or destroyed but only pursuant to a permit issued by the executive director and by or under the supervision of an agent of the agency; provided, that endangered or threatened species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the executive director pursuant to § 70-8-104(a) .
Acts 1974, ch. 769, § 6; T.C.A., § 51-906.
Tenn. Code Ann. § 70-6-104 — TN Code / Title 70 / Chapter 6 / Section 70-6-104
Trial for violations - Jurisdiction - Appeals
Status: in_force

(a) When any person is arrested for any violation of the wildlife laws, it is the duty of the arresting officer making or causing the arrest to take the person so arrested before a court of general sessions for trial, in the county where the offense was committed. If before such court of general sessions, the accused is found guilty of any offense punishable by a fine of fifty dollars ($50.00) or less, that person shall have the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving security for the amount of the fine and imposed costs. In the cases of offenses punishable by a fine of more than fifty dollars ($50.00) or by imprisonment, then the magistrate or court of general sessions is governed by the general laws applicable to such offenses. (b) If the circuit court has concurrent jurisdiction with or as a criminal court in any county, then the circuit court shall likewise have jurisdiction over any offense for violation of any of the provisions of this title. 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.
(a) When any person is arrested for any violation of the wildlife laws, it is the duty of the arresting officer making or causing the arrest to take the person so arrested before a court of general sessions for trial, in the county where the offense was committed. If before such court of general sessions, the accused is found guilty of any offense punishable by a fine of fifty dollars ($50.00) or less, that person shall have the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving security for the amount of the fine and imposed costs. In the cases of offenses punishable by a fine of more than fifty dollars ($50.00) or by imprisonment, then the magistrate or court of general sessions is governed by the general laws applicable to such offenses.
(b) If the circuit court has concurrent jurisdiction with or as a criminal court in any county, then the circuit court shall likewise have jurisdiction over any offense for violation of any of the provisions of this title.
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.
Tenn. Code Ann. § 70-4-121 — TN Code / Title 70 / Chapter 4 / Section 70-4-121
United States fish and wildlife service exempt from game laws
Status: in_force

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.
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.
Tenn. Code Ann. § 70-2-206 — TN Code / Title 70 / Chapter 2 / Section 70-2-206
[See the Compiler's Notes.] Wholesale fish and mussel dealers - Definitions - License requirements
Status: in_force

(a) Before any person, firm or corporation engages in the business of a wholesale fish dealer or a wholesale mussel dealer, as defined in this section, such person, firm or corporation shall possess the appropriate license. (b) (1) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations, or corporations; (2) "Places of business," as used in this title, includes the place where orders for aquatic products are received, or where aquatic products are purchased or sold; (3) "Wholesale fish dealer" means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing; or any person in the business of buying from a wholesale fish dealer for the purpose of selling or handling for shipment or sale. Excluded from this definition are restaurants, hotels, grocery stores, retail fish markets, and other businesses that do not buy directly from a commercial fisher and that sell directly to the general public. Each separate place of business shall require a separate license; and (4) "Wholesale mussel dealer" means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers. (c) [Deleted by 2021 amendment.] Amended by 2021 Tenn. Acts, ch. 270, s 4, eff. 7/1/2021. Acts 1937, ch. 84, § 14; 1941, ch. 127, § 2; mod. C. Supp. 1950, § 5178.22 (Williams, § 5176.14b); Acts 1965, ch. 334, § 27; 1974, ch. 481, § 21; 1982, ch. 700, §§ 1, 2; T.C.A. (orig. ed.), § 51-213; Acts 1989, ch. 486, § 9; 1990, ch. 891, § 9; 2000, ch. 644, §§ 1, 2.
(a) Before any person, firm or corporation engages in the business of a wholesale fish dealer or a wholesale mussel dealer, as defined in this section, such person, firm or corporation shall possess the appropriate license.
(b) (1) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations, or corporations; (2) "Places of business," as used in this title, includes the place where orders for aquatic products are received, or where aquatic products are purchased or sold; (3) "Wholesale fish dealer" means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing; or any person in the business of buying from a wholesale fish dealer for the purpose of selling or handling for shipment or sale. Excluded from this definition are restaurants, hotels, grocery stores, retail fish markets, and other businesses that do not buy directly from a commercial fisher and that sell directly to the general public. Each separate place of business shall require a separate license; and (4) "Wholesale mussel dealer" means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers.
(1) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations, or corporations;
(2) "Places of business," as used in this title, includes the place where orders for aquatic products are received, or where aquatic products are purchased or sold;
(3) "Wholesale fish dealer" means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing; or any person in the business of buying from a wholesale fish dealer for the purpose of selling or handling for shipment or sale. Excluded from this definition are restaurants, hotels, grocery stores, retail fish markets, and other businesses that do not buy directly from a commercial fisher and that sell directly to the general public. Each separate place of business shall require a separate license; and
(4) "Wholesale mussel dealer" means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers.
(c) [Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 270, s 4, eff. 7/1/2021.
Acts 1937, ch. 84, § 14; 1941, ch. 127, § 2; mod. C. Supp. 1950, § 5178.22 (Williams, § 5176.14b); Acts 1965, ch. 334, § 27; 1974, ch. 481, § 21; 1982, ch. 700, §§ 1, 2; T.C.A. (orig. ed.), § 51-213; Acts 1989, ch. 486, § 9; 1990, ch. 891, § 9; 2000, ch. 644, §§ 1, 2.
Tenn. Code Ann. § 70-4-209 — TN Code / Title 70 / Chapter 4 / Section 70-4-209
Purchase or sale of red fox hides, furs or pelts
Status: in_force

(a) (1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as provided in subsection (b) or in counties open to the lawful taking of red fox. (2) A violation of this subsection (a) is a Class C misdemeanor. (b) When a red fox is legally killed, it is lawful to buy or sell green hides, raw furs or pelts of such red fox at any time in counties with the following population, according to the 1970 federal census or any subsequent federal census: not less than nor more than 5,800 5,900 7,400 7,450 7,600 7,650 8,000 8,100 12,300 12,350 12,550 12,650 13,500 13,600 13,610 13,700 14,850 14,900 19,400 19,500 20,200 20,300 20,700 20,800 21,900 22,000 22,400 22,500 22,600 22,700 25,500 26,000 26,000 26,100 28,000 28,100 28,800 28,900 30,400 30,500 32,500 32,600 33,700 33,800 35,470 35,500 36,900 37,000 38,800 38,900 47,800 47,900 56,200 56,300 60,250 60,350 61,000 63,500 65,700 65,800 127,300 127,400 Acts 1973, ch. 158, § 1; 1977, ch. 419, § 1; 1978, ch. 756, § 1; 1979, ch. 329, §§ 1-3; T.C.A., § 51-515; Acts 1983, ch. 27, § 1; 1983, ch. 272, § 1; 1983, ch. 443, § 1; 1984, ch. 593, § 1; 1984, ch. 775, § 1; 1985, ch. 3, § 1; 1985, ch. 74, § 1; 1985, ch. 235, § 1; 1986, ch. 531, §§ 3, 4; 1988, ch. 639, § 1; 1989, ch. 591, § 113.
(a) (1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as provided in subsection (b) or in counties open to the lawful taking of red fox. (2) A violation of this subsection (a) is a Class C misdemeanor.
(1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as provided in subsection (b) or in counties open to the lawful taking of red fox.
(2) A violation of this subsection (a) is a Class C misdemeanor.
(b) When a red fox is legally killed, it is lawful to buy or sell green hides, raw furs or pelts of such red fox at any time in counties with the following population, according to the 1970 federal census or any subsequent federal census: not less than nor more than 5,800 5,900 7,400 7,450 7,600 7,650 8,000 8,100 12,300 12,350 12,550 12,650 13,500 13,600 13,610 13,700 14,850 14,900 19,400 19,500 20,200 20,300 20,700 20,800 21,900 22,000 22,400 22,500 22,600 22,700 25,500 26,000 26,000 26,100 28,000 28,100 28,800 28,900 30,400 30,500 32,500 32,600 33,700 33,800 35,470 35,500 36,900 37,000 38,800 38,900 47,800 47,900 56,200 56,300 60,250 60,350 61,000 63,500 65,700 65,800 127,300 127,400
not less than nor more than 5,800 5,900 7,400 7,450 7,600 7,650 8,000 8,100 12,300 12,350 12,550 12,650 13,500 13,600 13,610 13,700 14,850 14,900 19,400 19,500 20,200 20,300 20,700 20,800 21,900 22,000 22,400 22,500 22,600 22,700 25,500 26,000 26,000 26,100 28,000 28,100 28,800 28,900 30,400 30,500 32,500 32,600 33,700 33,800 35,470 35,500 36,900 37,000 38,800 38,900 47,800 47,900 56,200 56,300 60,250 60,350 61,000 63,500 65,700 65,800 127,300 127,400
not less than
nor more than
5,800
5,900
7,400
7,450
7,600
7,650
8,000
8,100
12,300
12,350
12,550
12,650
13,500
13,600
13,610
13,700
14,850
14,900
19,400
19,500
20,200
20,300
20,700
20,800
21,900
22,000
22,400
22,500
22,600
22,700
25,500
26,000
26,100
28,000
28,100
28,800
28,900
30,400
30,500
32,500
32,600
33,700
33,800
35,470
35,500
36,900
37,000
38,800
38,900
47,800
47,900
56,200
56,300
60,250
60,350
61,000
63,500
65,700
65,800
127,300
127,400
Acts 1973, ch. 158, § 1; 1977, ch. 419, § 1; 1978, ch. 756, § 1; 1979, ch. 329, §§ 1-3; T.C.A., § 51-515; Acts 1983, ch. 27, § 1; 1983, ch. 272, § 1; 1983, ch. 443, § 1; 1984, ch. 593, § 1; 1984, ch. 775, § 1; 1985, ch. 3, § 1; 1985, ch. 74, § 1; 1985, ch. 235, § 1; 1986, ch. 531, §§ 3, 4; 1988, ch. 639, § 1; 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-4-206 — TN Code / Title 70 / Chapter 4 / Section 70-4-206
Pollution of waters - Penalty for violations - Nuisance
Status: in_force

(a) No pollution, including, but not limited to, dye waste, petroleum products, brine waste, refuse from a mine, sawmill or construction activity, industrial or domestic sewage, or any deleterious or poisonous substance or activity, shall be thrown or be caused, or allowed to run into, wash into or take place in any waters, either private or public, in a manner injurious to fish life or other aquatic organisms, or that could be injurious to the propagation of fish, or that results in the destruction of habitat for fish and aquatic life. (b) A violation of this section is a Class A misdemeanor. Each day's violation of this section constitutes a separate offense and each five days' continuous violation also constitutes a public nuisance, subject to abatement by permanent injunction. Acts 1951, ch. 115, § 28 (Williams, § 5178.57); 1982, ch. 738, § 29; T.C.A. (orig. ed.), § 51-511; Acts 1989, ch. 591, § 111; 1990, ch. 891, § 20.
(a) No pollution, including, but not limited to, dye waste, petroleum products, brine waste, refuse from a mine, sawmill or construction activity, industrial or domestic sewage, or any deleterious or poisonous substance or activity, shall be thrown or be caused, or allowed to run into, wash into or take place in any waters, either private or public, in a manner injurious to fish life or other aquatic organisms, or that could be injurious to the propagation of fish, or that results in the destruction of habitat for fish and aquatic life.
(b) A violation of this section is a Class A misdemeanor. Each day's violation of this section constitutes a separate offense and each five days' continuous violation also constitutes a public nuisance, subject to abatement by permanent injunction.
Acts 1951, ch. 115, § 28 (Williams, § 5178.57); 1982, ch. 738, § 29; T.C.A. (orig. ed.), § 51-511; Acts 1989, ch. 591, § 111; 1990, ch. 891, § 20.
Tenn. Code Ann. § 70-7-202 — TN Code / Title 70 / Chapter 7 / Section 70-7-202
Limitations on liability of whitewater professional
Status: in_force

Except as provided in § 70-7-203 : (1) A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and (2) No participant or participant's representative shall make any claim against, maintain an action against, or recover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities. Acts 2012, ch. 862, § 1.
Except as provided in § 70-7-203 :
(1) A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and
(2) No participant or participant's representative shall make any claim against, maintain an action against, or recover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities.
Acts 2012, ch. 862, § 1.
Tenn. Code Ann. § 70-1-105 — TN Code / Title 70 / Chapter 1 / Section 70-1-105
Notification of potential water quality violation regarding agricultural property
Status: in_force

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) . Added by 2017 Tenn. Acts, ch. 148,s 1, eff. 4/17/2017.
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) .
Added by 2017 Tenn. Acts, ch. 148,s 1, eff. 4/17/2017.
Tenn. Code Ann. § 70-8-101 — TN Code / Title 70 / Chapter 8 / Section 70-8-101
Short title
Status: in_force

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.
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.
Tenn. Code Ann. § 70-3-106 — TN Code / Title 70 / Chapter 3 / Section 70-3-106
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 49; C. Supp. 1950, § 5178.58 (Williams, § 5176.50); T.C.A. (orig. ed.), § 51-308.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 49; C. Supp. 1950, § 5178.58 (Williams, § 5176.50); T.C.A. (orig. ed.), § 51-308.
Tenn. Code Ann. § 70-4-205 — TN Code / Title 70 / Chapter 4 / Section 70-4-205
Use of state-controlled water areas and land bordering thereon
Status: in_force

(a) (1) In those places where any state agency or unit of state government owns in fee simple or controls through lease agreement water areas and the lands bordering such waters, it is illegal for individuals, persons, firms, corporations, or partnerships to place houses, docks, floats on, or to use as a landing area for boats, or to use for any purpose whatsoever, state-owned or controlled lands or waters, unless such rights and privileges are held by a signed, written agreement, for which a fee may be charged. (2) Where the lands are privately owned and the lake waters state owned or controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or attempt to use the state-owned waters for these purposes. (b) Each twenty-four-hour period during which a violation of this section persists or exists is a separate offense and is punishable as such. (c) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 55; 1953, ch. 255, § 4 (Williams, § 5178.84); 1982, ch. 738, § 28; T.C.A. (orig. ed.), § 51-509; Acts 1989, ch. 591, § 113.
(a) (1) In those places where any state agency or unit of state government owns in fee simple or controls through lease agreement water areas and the lands bordering such waters, it is illegal for individuals, persons, firms, corporations, or partnerships to place houses, docks, floats on, or to use as a landing area for boats, or to use for any purpose whatsoever, state-owned or controlled lands or waters, unless such rights and privileges are held by a signed, written agreement, for which a fee may be charged. (2) Where the lands are privately owned and the lake waters state owned or controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or attempt to use the state-owned waters for these purposes.
(1) In those places where any state agency or unit of state government owns in fee simple or controls through lease agreement water areas and the lands bordering such waters, it is illegal for individuals, persons, firms, corporations, or partnerships to place houses, docks, floats on, or to use as a landing area for boats, or to use for any purpose whatsoever, state-owned or controlled lands or waters, unless such rights and privileges are held by a signed, written agreement, for which a fee may be charged.
(2) Where the lands are privately owned and the lake waters state owned or controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or attempt to use the state-owned waters for these purposes.
(b) Each twenty-four-hour period during which a violation of this section persists or exists is a separate offense and is punishable as such.
(c) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 55; 1953, ch. 255, § 4 (Williams, § 5178.84); 1982, ch. 738, § 28; T.C.A. (orig. ed.), § 51-509; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-2-104 — TN Code / Title 70 / Chapter 2 / Section 70-2-104
Persons entitled to license without fee or at reduced fee - Designation of assistant - Penalty for false information - Imposition of fee
Status: in_force

(a) The wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue a: (1) Sport fishing license without the payment of a license fee to those residents of Tennessee who are certified to be blind, having a visual acuity, with maximum correction, not exceeding 20/200 in the better eye or having a visual acuity exceeding 20/200 but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°). The director shall accept as evidence, for the purposes of this title, a certificate from the department of human services or from a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye, or a licensed, registered optometrist, certifying that such person meets the requirements of this section with reference to the degree of blindness as defined in this subdivision (a)(1); (2) Sport fishing and hunting license without the payment of a fee to residents of Tennessee who by reason of service in any war are thirty percent (30%) or more disabled. The director shall accept as evidence of service-connected disability for the purposes of this section a certification from the veterans' administration; (3) (A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in § 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once; (B) As used in this subdivision (a)(3), unless the context otherwise requires: (i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device; (ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by § 33-1-101 ; (C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and (4) (A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of this state who are permanently restricted to wheelchairs or who have suffered an amputation of seventy-five percent (75%) or more of a lower limb. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair or having suffered an amputation of seventy-five percent (75%) or more of a lower limb; or (B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration. (b) (1) The fish and wildlife commission shall by proclamation designate one (1) week of each year when any person who receives social security benefits due to intellectual disability may engage in all forms of sport fishing, and all sport fishing license requirements shall be suspended during such week for such persons. The agency may accept as evidence for purposes of this section a certificate from the social security administration or any other evidence acceptable to the executive director. (2) A resident of Tennessee who receives social security benefits due to intellectual disability is entitled to the privilege of sport fishing upon presentation of evidence of such disability satisfactory to the agency. Such resident shall be issued a permanent license for sport fishing. (c) The giving of false information as to name, age, degree of blindness, percentage of disability, permanent restriction to a wheelchair, address, residence or nonresidence by any applicant for any license provided for in this chapter, or altering any license or permit or any application for any license or permit, is a Class C misdemeanor. (d) (1) The license fee discounts and exemptions provided in subsections (a) and (b) shall apply to qualified residents of Tennessee who apply for such discounts or exemptions prior to May 24, 2000. (2) For qualified residents of Tennessee who have not applied for such discounts or exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar fee for such license; provided, that such fee shall not apply to the exemption granted in subdivision (b)(1). (3) Any qualified resident of Tennessee who has applied for such discount or exemption prior to May 24, 2000, may nevertheless make a voluntary payment of the one-time ten-dollar fee and upon making such payment shall be issued a license in accordance with this section. (e) (1) This subsection (e) shall be known and may be cited as the "Hunter Wright Hunting and Fishing Act." (2) Notwithstanding this section to the contrary, the wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue an annual sport combination hunting and fishing license upon payment of a five-dollar fee to residents who are under eighteen (18) years of age and who are disabled. (3) As used in this subsection (e), "disabled" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that is certified by a licensed physician. This means that the condition must be both totally and permanently disabling. The director shall accept as evidence for the purposes of this subsection (e) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this subsection (e) with reference to being disabled. (4) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, to specifically denote on the license that the person is disabled. (f) (1) (A) The agency shall be reimbursed for lost revenue resulting from the issuance of free or partially discounted combination hunting and fishing licenses created by statute on or after January 1, 2017, in an amount equal to the discounts received. (B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions to licensure requirements created by statute on or after January 1, 2017, in an amount equal to the amount of lost revenue from such exemptions. (2) (A) The agency shall maintain an accounting of lost revenue, as described in subdivision (f)(1), and shall submit the accounting to the department of finance and administration for the payment of moneys in an amount equal to such lost revenue out of the general fund on or before June 30 of each fiscal year. (B) Within thirty (30) days of the receipt of the accounting from the agency, the department of finance and administration must pay the actual amount of lost revenue for the fiscal year into the wildlife resources fund established in § 70-1-401 . (C) The accounting maintained pursuant to subdivision (f)(2)(A) and any other records relating to the accounting shall be subject to audit by the comptroller of the treasury. (3) Any reimbursement to the agency for lost revenue pursuant to subdivision (f)(1)(A) shall be made from the general fund, subject to an appropriation by the general assembly in the annual general appropriations act. (g) A person may assist a resident of this state who obtains a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), without the necessity of procuring a license, if: (1) The person who qualifies for a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), completes and retains a form that designates one (1) person as an assistant and identifies the assistant by driver license number or by some other unique identifying number that appears on a form of identification issued to the assistant by a governmental entity. A person may only designate one (1) person as an assistant for hunting or fishing purposes each calendar year, except in the case of the death of the designated assistant. The agency shall develop a form that may be used to satisfy the requirements of this subdivision (g)(1), and make the form available to the public on the agency's website; (2) The person providing assistance is not hunting or fishing on the person's own behalf. No extra bag limit or creel limit is permitted for an assistant who is not licensed to hunt or fish in this state, as applicable; and (3) The assistant does not possess: (A) A fishing pole, unless the assistant has a valid license to fish in this state; (B) A firearm, unless the assistant has a valid license to hunt in this state, a concealed handgun carry permit, or an enhanced handgun carry permit; or (C) Any weapon other than a firearm that the agency has authorized by proclamation to be used for the taking of game, unless the assistant has a valid license to hunt in this state. Amended by 2021 Tenn. Acts, ch. 385, s 1, eff. 5/11/2021. Amended by 2020 Tenn. Acts, ch. 737, s 1, eff. 6/22/2020. Amended by 2017 Tenn. Acts, ch. 330, s 1, eff. 5/9/2017. 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.
(a) The wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue a: (1) Sport fishing license without the payment of a license fee to those residents of Tennessee who are certified to be blind, having a visual acuity, with maximum correction, not exceeding 20/200 in the better eye or having a visual acuity exceeding 20/200 but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°). The director shall accept as evidence, for the purposes of this title, a certificate from the department of human services or from a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye, or a licensed, registered optometrist, certifying that such person meets the requirements of this section with reference to the degree of blindness as defined in this subdivision (a)(1); (2) Sport fishing and hunting license without the payment of a fee to residents of Tennessee who by reason of service in any war are thirty percent (30%) or more disabled. The director shall accept as evidence of service-connected disability for the purposes of this section a certification from the veterans' administration; (3) (A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in § 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once; (B) As used in this subdivision (a)(3), unless the context otherwise requires: (i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device; (ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by § 33-1-101 ; (C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and (4) (A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of this state who are permanently restricted to wheelchairs or who have suffered an amputation of seventy-five percent (75%) or more of a lower limb. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair or having suffered an amputation of seventy-five percent (75%) or more of a lower limb; or (B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration.
(1) Sport fishing license without the payment of a license fee to those residents of Tennessee who are certified to be blind, having a visual acuity, with maximum correction, not exceeding 20/200 in the better eye or having a visual acuity exceeding 20/200 but accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°). The director shall accept as evidence, for the purposes of this title, a certificate from the department of human services or from a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye, or a licensed, registered optometrist, certifying that such person meets the requirements of this section with reference to the degree of blindness as defined in this subdivision (a)(1);
(2) Sport fishing and hunting license without the payment of a fee to residents of Tennessee who by reason of service in any war are thirty percent (30%) or more disabled. The director shall accept as evidence of service-connected disability for the purposes of this section a certification from the veterans' administration;
(3) (A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in § 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once; (B) As used in this subdivision (a)(3), unless the context otherwise requires: (i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device; (ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by § 33-1-101 ; (C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and
(A) Hunting license to persons with intellectual disabilities who reside in this state and who are over ten (10) years of age. The director shall accept as evidence for the purposes of this subdivision (a)(3) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to such disability. The person must be accompanied by an adult at least twenty-five (25) years of age or older, who is hunter-education-certified and licensed to hunt. The person shall be required to complete the hunter education course as provided in § 70-2-108 in the presence of a licensed adult, but shall not be required to attain a particular score on the course examination or take the course more than once;
(B) As used in this subdivision (a)(3), unless the context otherwise requires: (i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device; (ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by § 33-1-101 ;
(i) "Accompanied" means the licensed adult shall supervise no more than one (1) person with intellectual disabilities at any one (1) time and shall be able to take immediate control of the hunting device;
(ii) "Persons with intellectual disabilities" means persons who possess an intellectual disability, as defined by § 33-1-101 ;
(C) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of subdivision (a)(3)(A), including, but not limited to, rules and regulations to specifically denote on the license that the person issued the license is a person with intellectual disabilities, and to create a one-time-only fee in an amount sufficient to cover the costs of implementing subdivision (a)(3)(A); and
(4) (A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of this state who are permanently restricted to wheelchairs or who have suffered an amputation of seventy-five percent (75%) or more of a lower limb. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair or having suffered an amputation of seventy-five percent (75%) or more of a lower limb; or (B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration.
(A) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of this state who are permanently restricted to wheelchairs or who have suffered an amputation of seventy-five percent (75%) or more of a lower limb. The director shall accept as evidence for the purposes of this section a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this section with reference to permanent restriction to a wheelchair or having suffered an amputation of seventy-five percent (75%) or more of a lower limb; or
(B) Permanent sport combination hunting and fishing license upon payment of a one-time ten-dollar fee to those residents of Tennessee who are one hundred percent (100%) permanently and totally service connected disabled veterans who apply for such discounts and exemptions prior to or after May 24, 2000. The agency shall accept as evidence of service-connected disability for the purposes of this subdivision (a)(4)(B) a certification from the veterans' administration.
(b) (1) The fish and wildlife commission shall by proclamation designate one (1) week of each year when any person who receives social security benefits due to intellectual disability may engage in all forms of sport fishing, and all sport fishing license requirements shall be suspended during such week for such persons. The agency may accept as evidence for purposes of this section a certificate from the social security administration or any other evidence acceptable to the executive director. (2) A resident of Tennessee who receives social security benefits due to intellectual disability is entitled to the privilege of sport fishing upon presentation of evidence of such disability satisfactory to the agency. Such resident shall be issued a permanent license for sport fishing.
(1) The fish and wildlife commission shall by proclamation designate one (1) week of each year when any person who receives social security benefits due to intellectual disability may engage in all forms of sport fishing, and all sport fishing license requirements shall be suspended during such week for such persons. The agency may accept as evidence for purposes of this section a certificate from the social security administration or any other evidence acceptable to the executive director.
(2) A resident of Tennessee who receives social security benefits due to intellectual disability is entitled to the privilege of sport fishing upon presentation of evidence of such disability satisfactory to the agency. Such resident shall be issued a permanent license for sport fishing.
(c) The giving of false information as to name, age, degree of blindness, percentage of disability, permanent restriction to a wheelchair, address, residence or nonresidence by any applicant for any license provided for in this chapter, or altering any license or permit or any application for any license or permit, is a Class C misdemeanor.
(d) (1) The license fee discounts and exemptions provided in subsections (a) and (b) shall apply to qualified residents of Tennessee who apply for such discounts or exemptions prior to May 24, 2000. (2) For qualified residents of Tennessee who have not applied for such discounts or exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar fee for such license; provided, that such fee shall not apply to the exemption granted in subdivision (b)(1). (3) Any qualified resident of Tennessee who has applied for such discount or exemption prior to May 24, 2000, may nevertheless make a voluntary payment of the one-time ten-dollar fee and upon making such payment shall be issued a license in accordance with this section.
(1) The license fee discounts and exemptions provided in subsections (a) and (b) shall apply to qualified residents of Tennessee who apply for such discounts or exemptions prior to May 24, 2000.
(2) For qualified residents of Tennessee who have not applied for such discounts or exemptions prior to May 24, 2000, there shall be imposed a one-time ten-dollar fee for such license; provided, that such fee shall not apply to the exemption granted in subdivision (b)(1).
(3) Any qualified resident of Tennessee who has applied for such discount or exemption prior to May 24, 2000, may nevertheless make a voluntary payment of the one-time ten-dollar fee and upon making such payment shall be issued a license in accordance with this section.
(e) (1) This subsection (e) shall be known and may be cited as the "Hunter Wright Hunting and Fishing Act." (2) Notwithstanding this section to the contrary, the wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue an annual sport combination hunting and fishing license upon payment of a five-dollar fee to residents who are under eighteen (18) years of age and who are disabled. (3) As used in this subsection (e), "disabled" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that is certified by a licensed physician. This means that the condition must be both totally and permanently disabling. The director shall accept as evidence for the purposes of this subsection (e) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this subsection (e) with reference to being disabled. (4) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, to specifically denote on the license that the person is disabled.
(1) This subsection (e) shall be known and may be cited as the "Hunter Wright Hunting and Fishing Act."
(2) Notwithstanding this section to the contrary, the wildlife resources director and the director's agents, through the county clerks or other legally designated license sales agents, have the power to issue an annual sport combination hunting and fishing license upon payment of a five-dollar fee to residents who are under eighteen (18) years of age and who are disabled.
(3) As used in this subsection (e), "disabled" means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that is certified by a licensed physician. This means that the condition must be both totally and permanently disabling. The director shall accept as evidence for the purposes of this subsection (e) a certificate from a physician licensed to practice medicine in this state certifying that the applicant meets the requirements of this subsection (e) with reference to being disabled.
(4) The commission shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, to specifically denote on the license that the person is disabled.
(f) (1) (A) The agency shall be reimbursed for lost revenue resulting from the issuance of free or partially discounted combination hunting and fishing licenses created by statute on or after January 1, 2017, in an amount equal to the discounts received. (B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions to licensure requirements created by statute on or after January 1, 2017, in an amount equal to the amount of lost revenue from such exemptions. (2) (A) The agency shall maintain an accounting of lost revenue, as described in subdivision (f)(1), and shall submit the accounting to the department of finance and administration for the payment of moneys in an amount equal to such lost revenue out of the general fund on or before June 30 of each fiscal year. (B) Within thirty (30) days of the receipt of the accounting from the agency, the department of finance and administration must pay the actual amount of lost revenue for the fiscal year into the wildlife resources fund established in § 70-1-401 . (C) The accounting maintained pursuant to subdivision (f)(2)(A) and any other records relating to the accounting shall be subject to audit by the comptroller of the treasury. (3) Any reimbursement to the agency for lost revenue pursuant to subdivision (f)(1)(A) shall be made from the general fund, subject to an appropriation by the general assembly in the annual general appropriations act.
(1) (A) The agency shall be reimbursed for lost revenue resulting from the issuance of free or partially discounted combination hunting and fishing licenses created by statute on or after January 1, 2017, in an amount equal to the discounts received. (B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions to licensure requirements created by statute on or after January 1, 2017, in an amount equal to the amount of lost revenue from such exemptions.
(A) The agency shall be reimbursed for lost revenue resulting from the issuance of free or partially discounted combination hunting and fishing licenses created by statute on or after January 1, 2017, in an amount equal to the discounts received.
(B) Subdivision (f)(1)(A) shall also apply to lost revenue resulting from exemptions to licensure requirements created by statute on or after January 1, 2017, in an amount equal to the amount of lost revenue from such exemptions.
(2) (A) The agency shall maintain an accounting of lost revenue, as described in subdivision (f)(1), and shall submit the accounting to the department of finance and administration for the payment of moneys in an amount equal to such lost revenue out of the general fund on or before June 30 of each fiscal year. (B) Within thirty (30) days of the receipt of the accounting from the agency, the department of finance and administration must pay the actual amount of lost revenue for the fiscal year into the wildlife resources fund established in § 70-1-401 . (C) The accounting maintained pursuant to subdivision (f)(2)(A) and any other records relating to the accounting shall be subject to audit by the comptroller of the treasury.
(A) The agency shall maintain an accounting of lost revenue, as described in subdivision (f)(1), and shall submit the accounting to the department of finance and administration for the payment of moneys in an amount equal to such lost revenue out of the general fund on or before June 30 of each fiscal year.
(B) Within thirty (30) days of the receipt of the accounting from the agency, the department of finance and administration must pay the actual amount of lost revenue for the fiscal year into the wildlife resources fund established in § 70-1-401 .
(C) The accounting maintained pursuant to subdivision (f)(2)(A) and any other records relating to the accounting shall be subject to audit by the comptroller of the treasury.
(3) Any reimbursement to the agency for lost revenue pursuant to subdivision (f)(1)(A) shall be made from the general fund, subject to an appropriation by the general assembly in the annual general appropriations act.
(g) A person may assist a resident of this state who obtains a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), without the necessity of procuring a license, if: (1) The person who qualifies for a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), completes and retains a form that designates one (1) person as an assistant and identifies the assistant by driver license number or by some other unique identifying number that appears on a form of identification issued to the assistant by a governmental entity. A person may only designate one (1) person as an assistant for hunting or fishing purposes each calendar year, except in the case of the death of the designated assistant. The agency shall develop a form that may be used to satisfy the requirements of this subdivision (g)(1), and make the form available to the public on the agency's website; (2) The person providing assistance is not hunting or fishing on the person's own behalf. No extra bag limit or creel limit is permitted for an assistant who is not licensed to hunt or fish in this state, as applicable; and (3) The assistant does not possess: (A) A fishing pole, unless the assistant has a valid license to fish in this state; (B) A firearm, unless the assistant has a valid license to hunt in this state, a concealed handgun carry permit, or an enhanced handgun carry permit; or (C) Any weapon other than a firearm that the agency has authorized by proclamation to be used for the taking of game, unless the assistant has a valid license to hunt in this state.
(1) The person who qualifies for a license under subdivision (a)(1), (a)(2), (a)(4), or (b)(2), or subsection (e), or who is exempt from licensure under subdivision (b)(1), completes and retains a form that designates one (1) person as an assistant and identifies the assistant by driver license number or by some other unique identifying number that appears on a form of identification issued to the assistant by a governmental entity. A person may only designate one (1) person as an assistant for hunting or fishing purposes each calendar year, except in the case of the death of the designated assistant. The agency shall develop a form that may be used to satisfy the requirements of this subdivision (g)(1), and make the form available to the public on the agency's website;
(2) The person providing assistance is not hunting or fishing on the person's own behalf. No extra bag limit or creel limit is permitted for an assistant who is not licensed to hunt or fish in this state, as applicable; and
(3) The assistant does not possess: (A) A fishing pole, unless the assistant has a valid license to fish in this state; (B) A firearm, unless the assistant has a valid license to hunt in this state, a concealed handgun carry permit, or an enhanced handgun carry permit; or (C) Any weapon other than a firearm that the agency has authorized by proclamation to be used for the taking of game, unless the assistant has a valid license to hunt in this state.
(A) A fishing pole, unless the assistant has a valid license to fish in this state;
(B) A firearm, unless the assistant has a valid license to hunt in this state, a concealed handgun carry permit, or an enhanced handgun carry permit; or
(C) Any weapon other than a firearm that the agency has authorized by proclamation to be used for the taking of game, unless the assistant has a valid license to hunt in this state.
Amended by 2021 Tenn. Acts, ch. 385, s 1, eff. 5/11/2021.
Amended by 2020 Tenn. Acts, ch. 737, s 1, eff. 6/22/2020.
Amended by 2017 Tenn. Acts, ch. 330, s 1, eff. 5/9/2017.
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.
Tenn. Code Ann. § 70-4-101 — TN Code / Title 70 / Chapter 4 / Section 70-4-101
Ownership and title to wildlife vested in the state
Status: in_force

(a) The ownership of and title to all forms of wildlife within the jurisdiction of the state that are not individual property under the laws of the land are hereby declared to be in the state. No wildlife shall be taken or killed in any manner or at any time, except the person or persons so taking or killing the wildlife shall consent that the title to the wildlife shall be and shall remain in the state for the possession, use and transportation of the wildlife after such taking or killing as set forth in this chapter. (b) The taking or killing of any and all forms of wildlife at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such wildlife shall be and shall remain in the state for the purpose of regulating the possession, use, sale and transportation of the wildlife for the public welfare. Acts 1951, ch. 115, § 1 (Williams, § 5178.30); T.C.A. (orig. ed.), § 51-401.
(a) The ownership of and title to all forms of wildlife within the jurisdiction of the state that are not individual property under the laws of the land are hereby declared to be in the state. No wildlife shall be taken or killed in any manner or at any time, except the person or persons so taking or killing the wildlife shall consent that the title to the wildlife shall be and shall remain in the state for the possession, use and transportation of the wildlife after such taking or killing as set forth in this chapter.
(b) The taking or killing of any and all forms of wildlife at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such wildlife shall be and shall remain in the state for the purpose of regulating the possession, use, sale and transportation of the wildlife for the public welfare.
Acts 1951, ch. 115, § 1 (Williams, § 5178.30); T.C.A. (orig. ed.), § 51-401.
Tenn. Code Ann. § 70-4-115 — TN Code / Title 70 / Chapter 4 / Section 70-4-115
Destruction and disposal of wildlife - Permit - Penalty
Status: in_force

(a) The owner of lands may destroy any wild animals, wild birds, or wild fowl when such wild animals, wild birds, or wild fowl are destroying property upon such lands. Any person, before destroying any big game under the conditions provided for in this section, is required to obtain a permit for destroying such big game. Such permit shall be issued by an officer of the wildlife resources agency. (b) Any big game killed or destroyed under the conditions provided for in this section shall remain the property of this state and may be disposed of by the officer of the commission by gift to any worthy recipient; provided, that any wild birds or wild animals killed accidentally or illegally shall be disposed of in the same manner and a receipt for the same obtained from the person or agency receiving such game. (c) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill. Nothing in this section authorizes possession of federally protected wildlife or wildlife protected by the state under chapter 8 of this title. (d) A violation of this section is a Class C misdemeanor. 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.
(a) The owner of lands may destroy any wild animals, wild birds, or wild fowl when such wild animals, wild birds, or wild fowl are destroying property upon such lands. Any person, before destroying any big game under the conditions provided for in this section, is required to obtain a permit for destroying such big game. Such permit shall be issued by an officer of the wildlife resources agency.
(b) Any big game killed or destroyed under the conditions provided for in this section shall remain the property of this state and may be disposed of by the officer of the commission by gift to any worthy recipient; provided, that any wild birds or wild animals killed accidentally or illegally shall be disposed of in the same manner and a receipt for the same obtained from the person or agency receiving such game.
(c) Motorists are not required to report game accidentally killed by the operation of a motor vehicle. Notwithstanding any other provision of the law to the contrary, wild animals accidentally killed by a motor vehicle may be possessed by any person for personal use and consumption; except that, first, personal possession of a deer accidentally killed by a motor vehicle is permitted only if the person notifies the wildlife resources agency or any law enforcement officer within a reasonable time not to exceed forty-eight (48) hours and supplies that person's name and address; and second, personal possession of a bear accidentally killed by a motor vehicle is permitted only when authorized by an enforcement officer of the wildlife resources agency and the person is issued a kill tag. In deer-kill notification situations where a law enforcement officer rather than someone with the wildlife resources agency is notified, the law enforcement officer or the officer's designee shall be responsible for notifying someone with the wildlife resources agency and supplying the information relevant to the deer-kill. Nothing in this section authorizes possession of federally protected wildlife or wildlife protected by the state under chapter 8 of this title.
(d) A violation of this section is a Class C misdemeanor.
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.
Tenn. Code Ann. § 70-2-225 — TN Code / Title 70 / Chapter 2 / Section 70-2-225
Authority of commission to promulgate rules and regulations
Status: in_force

The commission is authorized to promulgate rules and regulations establishing permit fees for camping and other recreational activities on public lands under the agency's management or control and on agency lakes. Acts 2000, ch. 837, § 5.
The commission is authorized to promulgate rules and regulations establishing permit fees for camping and other recreational activities on public lands under the agency's management or control and on agency lakes.
Acts 2000, ch. 837, § 5.
Tenn. Code Ann. § 70-8-205 — TN Code / Title 70 / Chapter 8 / Section 70-8-205
Penalties
Status: in_force

A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part. Acts 1985, ch. 177, § 9; T.C.A., § 11-26-105; Acts 1989, ch. 591, §§ 1, 6.
A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part.
Acts 1985, ch. 177, § 9; T.C.A., § 11-26-105; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 70-9-105 — TN Code / Title 70 / Chapter 9 / Section 70-9-105
Rules and regulations
Status: in_force

The commission is authorized to promulgate rules and regulations for the following purposes: (1) To set, through rules and regulations, rider fees as established in this chapter; (2) To establish safety requirements for riders on publicly owned or leased lands. Riders under eighteen (18) years of age shall, at a minimum, wear a helmet; and (3) To promulgate any other rules and regulations deemed reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2004, ch. 622, § 6.
The commission is authorized to promulgate rules and regulations for the following purposes:
(1) To set, through rules and regulations, rider fees as established in this chapter;
(2) To establish safety requirements for riders on publicly owned or leased lands. Riders under eighteen (18) years of age shall, at a minimum, wear a helmet; and
(3) To promulgate any other rules and regulations deemed reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 622, § 6.
Tenn. Code Ann. § 70-9-102 — TN Code / Title 70 / Chapter 9 / Section 70-9-102
Legislative intent
Status: in_force

The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of economic prospects. Therefore, the general assembly finds the need to manage OHVs to maximize economic and recreational opportunities, to protect the environment of this state, and to ensure that adequate revenue is generated for such purpose. Acts 2004, ch. 622, § 3.
The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of economic prospects. Therefore, the general assembly finds the need to manage OHVs to maximize economic and recreational opportunities, to protect the environment of this state, and to ensure that adequate revenue is generated for such purpose.
Acts 2004, ch. 622, § 3.
Tenn. Code Ann. § 70-9-106 — TN Code / Title 70 / Chapter 9 / Section 70-9-106
Use of funds received by the agency
Status: in_force

(a) The funds received by the Tennessee wildlife resources agency under this chapter shall be used exclusively for the purpose of funding the operation and management of the off-highway motor vehicle program authorized under this chapter. The director may use funds collected under this chapter to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant, or other contractual right necessary to achieve the purposes of this chapter. (b) It is the intent of the general assembly that the off-highway vehicle program be self-funded. Use of any existing or future agency resources, revenues, or funding not derived by or through the OHV program, to administer or enforce this program shall constitute a diversion of funds under § 70-1-401 . Any future federal funds received for OHV or motorized trails shall be credited to the agency for use to administer and enforce this chapter. Acts 2004, ch. 622, § 7.
(a) The funds received by the Tennessee wildlife resources agency under this chapter shall be used exclusively for the purpose of funding the operation and management of the off-highway motor vehicle program authorized under this chapter. The director may use funds collected under this chapter to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant, or other contractual right necessary to achieve the purposes of this chapter.
(b) It is the intent of the general assembly that the off-highway vehicle program be self-funded. Use of any existing or future agency resources, revenues, or funding not derived by or through the OHV program, to administer or enforce this program shall constitute a diversion of funds under § 70-1-401 . Any future federal funds received for OHV or motorized trails shall be credited to the agency for use to administer and enforce this chapter.
Acts 2004, ch. 622, § 7.
Tenn. Code Ann. § 70-5-104 — TN Code / Title 70 / Chapter 5 / Section 70-5-104
Payment for lands and waters - Procedure upon default
Status: in_force

(a) In acquiring lands and waters for wildlife preserves and in executing contracts for the purchase, sale, or lease of such state wildlife preserves, as provided for in §§ 70-1-302(a) and (b) , 70-5-102 and 70-5-103 , the agency is authorized to acquire and pay for such lands and waters in the name of the state over a period of years, and is authorized to execute promissory notes as evidence of the deferred payments, such notes in no event to bear interest in excess of three percent (3%) per annum, but shall incur no personal liability by reason of the execution of such deferred purchase money notes. (b) In the event the state defaults in the payment of such purchase money notes, the holder or holders of vendors' liens to secure the payment of the purchase price shall have a right to bring a proceeding in rem in a court of competent jurisdiction for the purpose of enforcing such vendors' liens and acquiring title to the property, but in no event shall the holder of such vendors' liens or deferred notes have a right to obtain a deficiency judgment against the state or any state official. Acts 1939, ch. 162, § 1; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.13 (Williams, § 5176.6); impl. am. Acts 1974, ch. 481, §§ 5, 22; Acts 1974, ch. 481, § 21; modified; T.C.A. (orig. ed.), § 51-604.
(a) In acquiring lands and waters for wildlife preserves and in executing contracts for the purchase, sale, or lease of such state wildlife preserves, as provided for in §§ 70-1-302(a) and (b) , 70-5-102 and 70-5-103 , the agency is authorized to acquire and pay for such lands and waters in the name of the state over a period of years, and is authorized to execute promissory notes as evidence of the deferred payments, such notes in no event to bear interest in excess of three percent (3%) per annum, but shall incur no personal liability by reason of the execution of such deferred purchase money notes.
(b) In the event the state defaults in the payment of such purchase money notes, the holder or holders of vendors' liens to secure the payment of the purchase price shall have a right to bring a proceeding in rem in a court of competent jurisdiction for the purpose of enforcing such vendors' liens and acquiring title to the property, but in no event shall the holder of such vendors' liens or deferred notes have a right to obtain a deficiency judgment against the state or any state official.
Acts 1939, ch. 162, § 1; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.13 (Williams, § 5176.6); impl. am. Acts 1974, ch. 481, §§ 5, 22; Acts 1974, ch. 481, § 21; modified; T.C.A. (orig. ed.), § 51-604.
Tenn. Code Ann. § 70-4-102 — TN Code / Title 70 / Chapter 4 / Section 70-4-102
Illegal taking, possession or destruction of wildlife - Penalty for violations
Status: in_force

(a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form of wildlife except subject to the restrictions and by the means and devices and at the time prescribed by this title. (b) Any violations of the proclamations and rules and regulations proclaimed by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each bird, animal or fish constitutes a separate offense. (c) A violation of this section is a Class B misdemeanor. 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.
(a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form of wildlife except subject to the restrictions and by the means and devices and at the time prescribed by this title.
(b) Any violations of the proclamations and rules and regulations proclaimed by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each bird, animal or fish constitutes a separate offense.
(c) A violation of this section is a Class B misdemeanor.
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.
Tenn. Code Ann. § 70-2-226 — TN Code / Title 70 / Chapter 2 / Section 70-2-226
Permits for use of Sundquist wildlife management area by certain residents
Status: in_force

(a) Notwithstanding § 70-2-225 or any other provision of this title to the contrary, persons residing either within the boundaries of the Sundquist wildlife management area or on property physically contiguous to such area on July 1, 2004, shall be issued a user permit by the Tennessee wildlife resources agency (TWRA) for horseback riding, bicycling, and off highway vehicle use. Application must be made to the TWRA on the form provided by the agency and such proof of residency provided as specified by the agency within ninety (90) days of June 7, 2004. (b) Subsection (a) shall not apply to persons who purchase, inherit, or reside on property within or physically contiguous to the Sundquist wildlife management area after July 1, 2004. (c) The estimated cost of this section shall be absorbed out of the existing resources of the TWRA. Amended by 2013 Tenn. Acts, ch. 95,s 1, eff. 4/8/2013. Acts 2004, ch. 870, §§ 1, 2.
(a) Notwithstanding § 70-2-225 or any other provision of this title to the contrary, persons residing either within the boundaries of the Sundquist wildlife management area or on property physically contiguous to such area on July 1, 2004, shall be issued a user permit by the Tennessee wildlife resources agency (TWRA) for horseback riding, bicycling, and off highway vehicle use. Application must be made to the TWRA on the form provided by the agency and such proof of residency provided as specified by the agency within ninety (90) days of June 7, 2004.
(b) Subsection (a) shall not apply to persons who purchase, inherit, or reside on property within or physically contiguous to the Sundquist wildlife management area after July 1, 2004.
(c) The estimated cost of this section shall be absorbed out of the existing resources of the TWRA.
Amended by 2013 Tenn. Acts, ch. 95,s 1, eff. 4/8/2013.
Acts 2004, ch. 870, §§ 1, 2.
Tenn. Code Ann. § 70-4-401 — TN Code / Title 70 / Chapter 4 / Section 70-4-401
Prohibited acts
Status: in_force

(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee fish and wildlife commission pursuant to this part. (b) No person shall possess Class I or Class II wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition. Acts 1991, ch. 487, § 1; 2012, ch. 993, § 13.
(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife, whether indigenous to this state or not, except as provided by this part and rules and regulations promulgated by the Tennessee fish and wildlife commission pursuant to this part.
(b) No person shall possess Class I or Class II wildlife without having documentary evidence showing the name and address of the supplier of such wildlife and date of acquisition.
Acts 1991, ch. 487, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-4-124 — TN Code / Title 70 / Chapter 4 / Section 70-4-124
Wearing daylight fluorescent orange color while hunting big game required - Penalty
Status: in_force

(a) Every person hunting big game except turkey during the gun hunts proclaimed by the commission shall wear on the upper portion of the body and head outer garments of daylight fluorescent orange color of not less than five hundred square inches (500 sq. in.) and visible from the front and back. (b) "Daylight fluorescent orange color" means having a dominant wave length between five hundred ninety-five thousandths (0.595) and six hundred five thousandths (0.605) nanometers, excitation purity of not less than eighty-five percent (85%) and a luminance factor of not less than forty percent (40%). (c) A violation of this section is a Class C misdemeanor. (d) This section does not apply to a person hunting on that person's own property. (e) Notwithstanding § 8-21-401 , the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section. Amended by 2017 Tenn. Acts, ch. 403,s 1, eff. 7/1/2017. Acts 1975, ch. 178, §§ 1-3; 1982, ch. 738, § 24; T.C.A., § 51-445; Acts 1989, ch. 591, § 113.
(a) Every person hunting big game except turkey during the gun hunts proclaimed by the commission shall wear on the upper portion of the body and head outer garments of daylight fluorescent orange color of not less than five hundred square inches (500 sq. in.) and visible from the front and back.
(b) "Daylight fluorescent orange color" means having a dominant wave length between five hundred ninety-five thousandths (0.595) and six hundred five thousandths (0.605) nanometers, excitation purity of not less than eighty-five percent (85%) and a luminance factor of not less than forty percent (40%).
(c) A violation of this section is a Class C misdemeanor.
(d) This section does not apply to a person hunting on that person's own property.
(e) Notwithstanding § 8-21-401 , the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section.
Amended by 2017 Tenn. Acts, ch. 403,s 1, eff. 7/1/2017.
Acts 1975, ch. 178, §§ 1-3; 1982, ch. 738, § 24; T.C.A., § 51-445; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-4-413 — TN Code / Title 70 / Chapter 4 / Section 70-4-413
Private wildlife preserves - Hunting
Status: in_force

(a) It is unlawful for any person to operate a private wildlife preserve for the purpose of propagating or hunting, or both, any class of wildlife reared in captivity unless that person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules and regulations promulgated by the commission. (b) It is lawful to hunt approved species of pen-reared and farm-reared animals on such preserve. (c) Persons hunting pen-reared animals on such preserve are not required to possess a hunting license. Acts 1991, ch. 487, § 1.
(a) It is unlawful for any person to operate a private wildlife preserve for the purpose of propagating or hunting, or both, any class of wildlife reared in captivity unless that person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules and regulations promulgated by the commission.
(b) It is lawful to hunt approved species of pen-reared and farm-reared animals on such preserve.
(c) Persons hunting pen-reared animals on such preserve are not required to possess a hunting license.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-3-105 — TN Code / Title 70 / Chapter 3 / Section 70-3-105
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 69A, as added by Acts 1937, ch. 252, §5; impl. am. Acts 1949, ch. 50, § 10; mod. C. Supp. 1950, § 5178.79 (Williams, § 5176.71); Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-307.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 69A, as added by Acts 1937, ch. 252, §5; impl. am. Acts 1949, ch. 50, § 10; mod. C. Supp. 1950, § 5178.79 (Williams, § 5176.71); Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-307.
Tenn. Code Ann. § 70-8-312 — TN Code / Title 70 / Chapter 8 / Section 70-8-312
Powers of commissioner
Status: in_force

(a) The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee. (b) The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare plants, including agreements for the administration or management, or both, of any area established under the authority of the department for conserving, managing, enhancing, or protecting rare plants. The commissioner shall not enter into any such agreements that would delay or impede any public works project without the explicit approval of the agency responsible for such project. (c) The commissioner is authorized to and may receive funds, donations, grants, or other moneys, gifts, or properties by devise or purchase necessary to execute this section. (d) The commissioner of agriculture is also authorized to perform any of the actions listed in subsections (a)-(c). Acts 1985, ch. 242, § 12; T.C.A., § 11-26-212.
(a) The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee.
(b) The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare plants, including agreements for the administration or management, or both, of any area established under the authority of the department for conserving, managing, enhancing, or protecting rare plants. The commissioner shall not enter into any such agreements that would delay or impede any public works project without the explicit approval of the agency responsible for such project.
(c) The commissioner is authorized to and may receive funds, donations, grants, or other moneys, gifts, or properties by devise or purchase necessary to execute this section.
(d) The commissioner of agriculture is also authorized to perform any of the actions listed in subsections (a)-(c).
Acts 1985, ch. 242, § 12; T.C.A., § 11-26-212.
Tenn. Code Ann. § 70-4-503 — TN Code / Title 70 / Chapter 4 / Section 70-4-503
Exceptions
Status: in_force

It is an exception to the application of this part that a person provides only: (1) General purpose equipment, including a computer, camera, and building materials; (2) General purpose computer software, including an operating system and communication programs; or (3) General telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access. Acts 2005, ch. 96, § 1.
It is an exception to the application of this part that a person provides only:
(1) General purpose equipment, including a computer, camera, and building materials;
(2) General purpose computer software, including an operating system and communication programs; or
(3) General telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.
Acts 2005, ch. 96, § 1.
Tenn. Code Ann. § 70-8-102 — TN Code / Title 70 / Chapter 8 / Section 70-8-102
Declaration of policy
Status: in_force

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.
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.
Tenn. Code Ann. § 70-2-203 — TN Code / Title 70 / Chapter 2 / Section 70-2-203
Fishing in county or city of residence - When license required - Penalty
Status: in_force

(a) A resident of Tennessee may fish in the waters of such person's county of legal residence by use of a hook and line or a single trotline with not more than fifty (50) hooks, and natural or cut bait if such person possesses a county of residence fishing license. Additionally, possession of this license permits a person who resides in a city that lies in two (2) or more counties to fish in all of the waters of that city, including those waters in the city lying outside of the person's county of legal residence. (b) Other appropriate license is required: (1) To fish within one's county of legal residence, for residents who do not qualify for a county of residence fishing license under subsection (a) or who qualify but who choose to purchase any other appropriate license; (2) To fish outside one's county of legal residence unless such person qualifies under the exception contained in subsection (a); (3) If minnows or artificial lures are used; (4) If one fishes in a state lake or state-owned or operated wildlife management area; or (5) To fish for or take trout. (c) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 15; 1953, ch. 255, § 2 (Williams, §§ 5178.44, 5178.45); impl. am. Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-206; Acts 1989, ch. 486, § 7; 1990, ch. 981, § 4; 1996, ch. 824, §§ 1, 2.
(a) A resident of Tennessee may fish in the waters of such person's county of legal residence by use of a hook and line or a single trotline with not more than fifty (50) hooks, and natural or cut bait if such person possesses a county of residence fishing license. Additionally, possession of this license permits a person who resides in a city that lies in two (2) or more counties to fish in all of the waters of that city, including those waters in the city lying outside of the person's county of legal residence.
(b) Other appropriate license is required: (1) To fish within one's county of legal residence, for residents who do not qualify for a county of residence fishing license under subsection (a) or who qualify but who choose to purchase any other appropriate license; (2) To fish outside one's county of legal residence unless such person qualifies under the exception contained in subsection (a); (3) If minnows or artificial lures are used; (4) If one fishes in a state lake or state-owned or operated wildlife management area; or (5) To fish for or take trout.
(1) To fish within one's county of legal residence, for residents who do not qualify for a county of residence fishing license under subsection (a) or who qualify but who choose to purchase any other appropriate license;
(2) To fish outside one's county of legal residence unless such person qualifies under the exception contained in subsection (a);
(3) If minnows or artificial lures are used;
(4) If one fishes in a state lake or state-owned or operated wildlife management area; or
(5) To fish for or take trout.
(c) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 15; 1953, ch. 255, § 2 (Williams, §§ 5178.44, 5178.45); impl. am. Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-206; Acts 1989, ch. 486, § 7; 1990, ch. 981, § 4; 1996, ch. 824, §§ 1, 2.
Tenn. Code Ann. § 70-8-104 — TN Code / Title 70 / Chapter 8 / Section 70-8-104
Nongame species - Promulgation of regulations - Prohibited acts
Status: in_force

(a) The executive director shall conduct an investigation on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue proposed regulations not later than April 5, 1975, and develop management programs designed to ensure the continued ability of nongame, endangered or threatened wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife that the executive director deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The executive director shall conduct ongoing investigations of nongame wildlife and may from time to time recommend amendments to such regulations by adding to or deleting from the regulations species or subspecies of nongame wildlife. (b) The commission shall by such regulations establish proposed limitations relating to habitat, alteration, taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife. (c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Acts 1974, ch. 769, § 4; 1982, ch. 738, § 35; T.C.A., § 51-904; Acts 1986, ch. 882, § 20; 2012, ch. 993, § 13.
(a) The executive director shall conduct an investigation on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue proposed regulations not later than April 5, 1975, and develop management programs designed to ensure the continued ability of nongame, endangered or threatened wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife that the executive director deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The executive director shall conduct ongoing investigations of nongame wildlife and may from time to time recommend amendments to such regulations by adding to or deleting from the regulations species or subspecies of nongame wildlife.
(b) The commission shall by such regulations establish proposed limitations relating to habitat, alteration, taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife.
(c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife.
Acts 1974, ch. 769, § 4; 1982, ch. 738, § 35; T.C.A., § 51-904; Acts 1986, ch. 882, § 20; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-2-220 — TN Code / Title 70 / Chapter 2 / Section 70-2-220
[See the Compiler's Notes.] Business of culturing pearls in public waters - License requirements - Promulgation of rules - Committee
Status: in_force

Any person, firm, or corporation, before engaging in the business of culturing pearls in the public waters, must first obtain an annual license from the wildlife resources agency. No nonresident may be granted a license if the state or country of the nonresident prohibits residents of Tennessee from engaging in the business of culturing pearls. The business must be conducted in accordance with rules promulgated by the fish and wildlife commission. The executive director shall appoint a committee of five (5) persons to assist the executive director in the initial drafting of the rules. Those persons include: (1) The executive director or the executive director's designee; (2) The chief of fisheries; (3) A fisheries biologist; and (4) Two (2) industry representatives in the initial drafting of the rules. Amended by 2021 Tenn. Acts, ch. 270, s 8, eff. 7/1/2021. Acts 1986, ch. 653, § 1; 2012 , ch. 993, § 13.
Any person, firm, or corporation, before engaging in the business of culturing pearls in the public waters, must first obtain an annual license from the wildlife resources agency. No nonresident may be granted a license if the state or country of the nonresident prohibits residents of Tennessee from engaging in the business of culturing pearls. The business must be conducted in accordance with rules promulgated by the fish and wildlife commission. The executive director shall appoint a committee of five (5) persons to assist the executive director in the initial drafting of the rules. Those persons include:
(1) The executive director or the executive director's designee;
(2) The chief of fisheries;
(3) A fisheries biologist; and
(4) Two (2) industry representatives in the initial drafting of the rules.
Amended by 2021 Tenn. Acts, ch. 270, s 8, eff. 7/1/2021.
Acts 1986, ch. 653, § 1; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-6-202 — TN Code / Title 70 / Chapter 6 / Section 70-6-202
Property used in violation of Sections 70-4-116 - 70-4-118 declared contraband - Seizure
Status: in_force

(a) Any firearm, other hunting device, or equipment used in violation of §§ 70-4-116 - 70-4-118 may be seized and held for evidence by the agency. As used in this section, "equipment" does not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated. (b) When a seizure of property under subsection (a) results in an arrest and the person charged with the offense is found to be not guilty by a court of competent jurisdiction, the property must be returned by the trial court. (c) The court or jury that determines whether a violation of § 70-4-116 , § 70-4-117 , or § 70-4-118 has occurred shall also determine, in the same manner as provided in § 70-6-201 , whether property seized pursuant to this section is contraband and should be forfeited to the state. Amended by 2022 Tenn. Acts, ch. 894, s 1, eff. 7/1/2022. Acts 1951, ch. 115, § 45 (Williams, § 5178.74); 1959, ch. 300, § 1; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 105, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 41, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 51-707; Acts 1998, ch. 909, § 3; 1999, ch. 91, § 3; 2009 , ch. 213, § 2; 2011 , ch. 283, § 6.
(a) Any firearm, other hunting device, or equipment used in violation of §§ 70-4-116 - 70-4-118 may be seized and held for evidence by the agency. As used in this section, "equipment" does not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated.
(b) When a seizure of property under subsection (a) results in an arrest and the person charged with the offense is found to be not guilty by a court of competent jurisdiction, the property must be returned by the trial court.
(c) The court or jury that determines whether a violation of § 70-4-116 , § 70-4-117 , or § 70-4-118 has occurred shall also determine, in the same manner as provided in § 70-6-201 , whether property seized pursuant to this section is contraband and should be forfeited to the state.
Amended by 2022 Tenn. Acts, ch. 894, s 1, eff. 7/1/2022.
Acts 1951, ch. 115, § 45 (Williams, § 5178.74); 1959, ch. 300, § 1; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 105, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 41, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 51-707; Acts 1998, ch. 909, § 3; 1999, ch. 91, § 3; 2009 , ch. 213, § 2; 2011 , ch. 283, § 6.