Tenn. Code Ann. § 70-2-202 — TN Code / Title 70 / Chapter 2 / Section 70-2-202
[See the Compiler's Notes.] Nonresident license fees and requirements
Status: in_force

(a) Every nonresident shall pay the fee established by rule promulgated by the commission to be able to hunt, fish, or trap in this state. (b) Every nonresident shall provide the correct information specified on all licenses and permits and in the manner required by the agency. (c) Any nonresident between thirteen (13) years of age and fifteen (15) years of age, inclusive, may purchase a junior hunting and fishing license. Such license entitles the individual to the privilege of sport fishing and small game and waterfowl hunting. Any nonresident under thirteen (13) years of age is exempt from the licensing requirements of subsection (a). Amended by 2023 Tenn. Acts, ch. 61, s 1, eff. 7/1/2023. Acts 1981, ch. 83, §§ 1-3; 1982, ch. 699, §§ 1, 2; T.C.A., § 51-204; Acts 1985, ch. 101, § 1; 1985, ch. 249, § 1; 1989, ch. 486, §§ 5, 6; 1992, ch. 616, § 1.
(a) Every nonresident shall pay the fee established by rule promulgated by the commission to be able to hunt, fish, or trap in this state.
(b) Every nonresident shall provide the correct information specified on all licenses and permits and in the manner required by the agency.
(c) Any nonresident between thirteen (13) years of age and fifteen (15) years of age, inclusive, may purchase a junior hunting and fishing license. Such license entitles the individual to the privilege of sport fishing and small game and waterfowl hunting. Any nonresident under thirteen (13) years of age is exempt from the licensing requirements of subsection (a).
Amended by 2023 Tenn. Acts, ch. 61, s 1, eff. 7/1/2023.
Acts 1981, ch. 83, §§ 1-3; 1982, ch. 699, §§ 1, 2; T.C.A., § 51-204; Acts 1985, ch. 101, § 1; 1985, ch. 249, § 1; 1989, ch. 486, §§ 5, 6; 1992, ch. 616, § 1.
Tenn. Code Ann. § 70-4-210 — TN Code / Title 70 / Chapter 4 / Section 70-4-210
Deer hides - Squirrel pelts and tails
Status: in_force

Notwithstanding any provision of law to the contrary, it is lawful for any person to buy, sell, store, or ship for sale, at any time the hides of deer and the pelts and tails of grey squirrels and fox squirrels taken during the open season. Acts 1983, ch. 109, § 1.
Notwithstanding any provision of law to the contrary, it is lawful for any person to buy, sell, store, or ship for sale, at any time the hides of deer and the pelts and tails of grey squirrels and fox squirrels taken during the open season.
Acts 1983, ch. 109, § 1.
Tenn. Code Ann. § 70-8-110 — TN Code / Title 70 / Chapter 8 / Section 70-8-110
Funding - Donations
Status: in_force

(a) The cost of programs established under this part shall be borne by the general fund or other sources. The federal cost share of approved programs pursuant to P.L. 93-205, 87 Stat. 889, § 6(d)(2)(i) and (ii) ( 16 U.S.C. § 1535(d)(2)(i) and (ii) ), for endangered species shall not exceed sixty-six and two thirds percent (662/3%) of the costs stated in the cooperative agreement. The federal share may be increased to seventy-five percent (75%) whenever two (2) or more states having a common interest in one (1) or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such states, enter jointly into an agreement with the executive director. (b) The executive director is specifically authorized to accept from interested persons, firms, and corporations cash donations or donations of property to be converted to cash pursuant to the terms of the donor to be designated for the nongame and endangered species programs or to be designated for any other programs intended to effectuate the purposes of this part. At the discretion of the donor, cash donations or donations of property to be converted to cash pursuant to the terms of the donor may be made to the watchable wildlife fund. Evidence of the donations shall be by the issuance by the executive director of nongame certificates to the donors. (c) Watchable wildlife endowment fund. (1) Recognizing the growing number of nonconsumptive users of wildlife along with their interest and willingness to make donations in support of such programs, there is hereby created a fund called the "watchable wildlife endowment fund" to aid in the future funding of programs designed to perpetually benefit watchable wildlife and to aid in their nonconsumptive use by the public. (2) Moneys shall be deposited to the fund as provided in this section and shall be invested for the benefit of the fund pursuant to § 9-4-603 , § 9-4-608 , or § 9-4-612 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and appropriated exclusively for the purposes set forth in this section. (3) This fund may be funded by donations as provided for in this section. (4) No expenditure shall be made from the principal of the fund. No expenditures shall be made from the interest earned until the combination of principal and interest reaches five hundred thousand dollars ($500,000). Thereafter, interest earned shall be available for expenditures to aid in carrying out the purposes of this fund. (5) This fund is not intended to be the exclusive fund for holding donations authorized in this section and is not intended to affect any presently existing or future funds or means of holding and distributing moneys received through cash donations or through cash received from property donated and converted to cash pursuant to the terms of the donor. It is intended to provide the donor with an additional means of directing the use of the donor's donations. Amended by 2015 Tenn. Acts, ch. 196, s 3, eff. 4/22/2015. Acts 1974, ch. 769, § 10; 1981, ch. 103, § 1; T.C.A., § 51-910; Acts 1993, ch. 97, §§ 2, 3.
(a) The cost of programs established under this part shall be borne by the general fund or other sources. The federal cost share of approved programs pursuant to P.L. 93-205, 87 Stat. 889, § 6(d)(2)(i) and (ii) ( 16 U.S.C. § 1535(d)(2)(i) and (ii) ), for endangered species shall not exceed sixty-six and two thirds percent (662/3%) of the costs stated in the cooperative agreement. The federal share may be increased to seventy-five percent (75%) whenever two (2) or more states having a common interest in one (1) or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such states, enter jointly into an agreement with the executive director.
(b) The executive director is specifically authorized to accept from interested persons, firms, and corporations cash donations or donations of property to be converted to cash pursuant to the terms of the donor to be designated for the nongame and endangered species programs or to be designated for any other programs intended to effectuate the purposes of this part. At the discretion of the donor, cash donations or donations of property to be converted to cash pursuant to the terms of the donor may be made to the watchable wildlife fund. Evidence of the donations shall be by the issuance by the executive director of nongame certificates to the donors.
(c) Watchable wildlife endowment fund. (1) Recognizing the growing number of nonconsumptive users of wildlife along with their interest and willingness to make donations in support of such programs, there is hereby created a fund called the "watchable wildlife endowment fund" to aid in the future funding of programs designed to perpetually benefit watchable wildlife and to aid in their nonconsumptive use by the public. (2) Moneys shall be deposited to the fund as provided in this section and shall be invested for the benefit of the fund pursuant to § 9-4-603 , § 9-4-608 , or § 9-4-612 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and appropriated exclusively for the purposes set forth in this section. (3) This fund may be funded by donations as provided for in this section. (4) No expenditure shall be made from the principal of the fund. No expenditures shall be made from the interest earned until the combination of principal and interest reaches five hundred thousand dollars ($500,000). Thereafter, interest earned shall be available for expenditures to aid in carrying out the purposes of this fund. (5) This fund is not intended to be the exclusive fund for holding donations authorized in this section and is not intended to affect any presently existing or future funds or means of holding and distributing moneys received through cash donations or through cash received from property donated and converted to cash pursuant to the terms of the donor. It is intended to provide the donor with an additional means of directing the use of the donor's donations.
(1) Recognizing the growing number of nonconsumptive users of wildlife along with their interest and willingness to make donations in support of such programs, there is hereby created a fund called the "watchable wildlife endowment fund" to aid in the future funding of programs designed to perpetually benefit watchable wildlife and to aid in their nonconsumptive use by the public.
(2) Moneys shall be deposited to the fund as provided in this section and shall be invested for the benefit of the fund pursuant to § 9-4-603 , § 9-4-608 , or § 9-4-612 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and appropriated exclusively for the purposes set forth in this section.
(3) This fund may be funded by donations as provided for in this section.
(4) No expenditure shall be made from the principal of the fund. No expenditures shall be made from the interest earned until the combination of principal and interest reaches five hundred thousand dollars ($500,000). Thereafter, interest earned shall be available for expenditures to aid in carrying out the purposes of this fund.
(5) This fund is not intended to be the exclusive fund for holding donations authorized in this section and is not intended to affect any presently existing or future funds or means of holding and distributing moneys received through cash donations or through cash received from property donated and converted to cash pursuant to the terms of the donor. It is intended to provide the donor with an additional means of directing the use of the donor's donations.
Amended by 2015 Tenn. Acts, ch. 196, s 3, eff. 4/22/2015.
Acts 1974, ch. 769, § 10; 1981, ch. 103, § 1; T.C.A., § 51-910; Acts 1993, ch. 97, §§ 2, 3.
Tenn. Code Ann. § 70-8-105 — TN Code / Title 70 / Chapter 8 / Section 70-8-105
Endangered or threatened species list
Status: in_force

(a) On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list of those species or subspecies of wildlife indigenous to the state that are determined to be endangered and threatened within this state, giving their common and scientific names by species and subspecies. This list shall be made available to the public. (b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter, and may amend the list by such additions or deletions as are deemed appropriate. The executive director shall submit to the governor a summary report of the data used in support of all amendments to the state list during the preceding biennium and shall make a current list available to the public. (c) In the event the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17, Appendix D), is modified subsequent to April 5, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described in subsection (a), the fish and wildlife commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation. Acts 1974, ch. 769, § 5; T.C.A., § 51-904; Acts 1986, ch. 882, §§ 21, 22; 2012 , ch. 993, § 13.
(a) On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list of those species or subspecies of wildlife indigenous to the state that are determined to be endangered and threatened within this state, giving their common and scientific names by species and subspecies. This list shall be made available to the public.
(b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter, and may amend the list by such additions or deletions as are deemed appropriate. The executive director shall submit to the governor a summary report of the data used in support of all amendments to the state list during the preceding biennium and shall make a current list available to the public.
(c) In the event the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17, Appendix D), is modified subsequent to April 5, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described in subsection (a), the fish and wildlife commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.
Acts 1974, ch. 769, § 5; T.C.A., § 51-904; Acts 1986, ch. 882, §§ 21, 22; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-1-307 — TN Code / Title 70 / Chapter 1 / Section 70-1-307
Annual financial report
Status: in_force

(a) It is the duty of the executive director, on or before September 15 of each year, to prepare and present to the governor and each member of the fish and wildlife commission an annual report showing what has been expended by the agency during the year immediately preceding, the amount of moneys received and from what source and the amount expended and for what purposes. (b) The governor shall present copies of such reports as the governor may deem necessary to the next convening general assembly. Acts 1974, ch. 481, § 13; T.C.A., § 51-132; Acts 2012, ch. 993, § 13.
(a) It is the duty of the executive director, on or before September 15 of each year, to prepare and present to the governor and each member of the fish and wildlife commission an annual report showing what has been expended by the agency during the year immediately preceding, the amount of moneys received and from what source and the amount expended and for what purposes.
(b) The governor shall present copies of such reports as the governor may deem necessary to the next convening general assembly.
Acts 1974, ch. 481, § 13; T.C.A., § 51-132; Acts 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-4-113 — TN Code / Title 70 / Chapter 4 / Section 70-4-113
Use of bait, pitfalls and certain other devices in taking birds and animals prohibited - Penalty - Exceptions
Status: in_force

(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided. (b) The executive director or the executive director's designees may use any chemical, biological substance, poison or device under controlled conditions to capture or kill any bird or animal for scientific, propagating, enforcement, humane or rescue purposes or when it is considered necessary by the executive director to reduce or control any species that may be detrimental to human safety, health or property. No action on the part of the executive director, directed to the control of rabies or other diseases spread from wildlife to human beings, shall be taken until the following conditions have been met: (1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county; (2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and (3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state. (c) A violation of this section is a Class C misdemeanor; provided, that spot, electric or torch lights may be used in the hunting and taking of raccoons, opossums and frogs, and box traps may be used for the taking of rabbits during the open shooting season for the same. Acts 1951, ch. 115, § 37 (Williams, § 5178.66); Acts 1957, ch. 382, § 4; 1965, ch. 43, §§ 1, 2; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1982, ch. 738, § 17; T.C.A. (orig. ed.), § 51-421; Acts 1989, ch. 591, § 113; 1990, ch. 891, § 12.
(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided.
(b) The executive director or the executive director's designees may use any chemical, biological substance, poison or device under controlled conditions to capture or kill any bird or animal for scientific, propagating, enforcement, humane or rescue purposes or when it is considered necessary by the executive director to reduce or control any species that may be detrimental to human safety, health or property. No action on the part of the executive director, directed to the control of rabies or other diseases spread from wildlife to human beings, shall be taken until the following conditions have been met: (1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county; (2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and (3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state.
(1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county;
(2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and
(3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state.
(c) A violation of this section is a Class C misdemeanor; provided, that spot, electric or torch lights may be used in the hunting and taking of raccoons, opossums and frogs, and box traps may be used for the taking of rabbits during the open shooting season for the same.
Acts 1951, ch. 115, § 37 (Williams, § 5178.66); Acts 1957, ch. 382, § 4; 1965, ch. 43, §§ 1, 2; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1982, ch. 738, § 17; T.C.A. (orig. ed.), § 51-421; Acts 1989, ch. 591, § 113; 1990, ch. 891, § 12.
Tenn. Code Ann. § 70-1-309 — TN Code / Title 70 / Chapter 1 / Section 70-1-309
Salary administration plan
Status: in_force

(a) The department of human resources and the Tennessee wildlife resources agency shall develop a salary administration plan for the agency's officers, biologists, and other positions unique to the agency. Notwithstanding any other law to the contrary, upon approval of the commissioners of finance and administration and human resources and the director of the Tennessee wildlife resources agency, such salary administration plan shall be implemented during the 1996-1997 fiscal year. Implementation of salary increases pursuant to such salary administration plan shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the salary administration plan shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010. (b) The salary increase provided by this section and suspended by subsection (a) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. Amended by 2017 Tenn. Acts, ch. 461,s 10, eff. 7/1/2017. Acts 1996, ch. 917, § 1; 2003, ch. 355, § 50; 2009, ch. 531, § 29.
(a) The department of human resources and the Tennessee wildlife resources agency shall develop a salary administration plan for the agency's officers, biologists, and other positions unique to the agency. Notwithstanding any other law to the contrary, upon approval of the commissioners of finance and administration and human resources and the director of the Tennessee wildlife resources agency, such salary administration plan shall be implemented during the 1996-1997 fiscal year. Implementation of salary increases pursuant to such salary administration plan shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the salary administration plan shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
(b) The salary increase provided by this section and suspended by subsection (a) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
Amended by 2017 Tenn. Acts, ch. 461,s 10, eff. 7/1/2017.
Acts 1996, ch. 917, § 1; 2003, ch. 355, § 50; 2009, ch. 531, § 29.
Tenn. Code Ann. § 70-1-501 — TN Code / Title 70 / Chapter 1 / Section 70-1-501
Lifetime sportsman endowment fund established
Status: in_force

The general assembly recognizes and reaffirms the importance of fostering appreciation among the citizens of this state for protecting and preserving for future generations the heritage of hunting and fishing in this state. Therefore, to aid in promoting access to, and participation in, licensed hunting and fishing in this state, there is created a fund known as the "lifetime sportsman endowment fund". The lifetime sportsman endowment fund must be administered and funded in accordance with this part. Amended by 2022 Tenn. Acts, ch. 874, s 1, eff. 4/14/2022. Acts 1998, ch. 610, § 2.
The general assembly recognizes and reaffirms the importance of fostering appreciation among the citizens of this state for protecting and preserving for future generations the heritage of hunting and fishing in this state. Therefore, to aid in promoting access to, and participation in, licensed hunting and fishing in this state, there is created a fund known as the "lifetime sportsman endowment fund". The lifetime sportsman endowment fund must be administered and funded in accordance with this part.
Amended by 2022 Tenn. Acts, ch. 874, s 1, eff. 4/14/2022.
Acts 1998, ch. 610, § 2.
Tenn. Code Ann. § 70-1-503 — TN Code / Title 70 / Chapter 1 / Section 70-1-503
Funding - Assets
Status: in_force

The trust must be initially funded by a deposit of all of the assets held in the wildlife management endowment fund previously created in accordance with § 70-1-501 as such section existed prior to April 14, 2022. In addition to this initial funding, the lifetime sportsman endowment fund trust must consist of the following assets deposited to or accrued in the fund: (1) [Deleted by 2023 amendment.] (2) The proceeds from cash donations or donations of property converted or to be converted to cash; (3) Such other sources as may be deemed appropriate, including sources that may be specified by law; and (4) Income derived from fund investments. Amended by 2023 Tenn. Acts, ch. 303, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 874, s 3, eff. 4/14/2022. Amended by 2015 Tenn. Acts, ch. 196, s 2, eff. 4/22/2015. Acts 1998, ch. 610, § 2.
The trust must be initially funded by a deposit of all of the assets held in the wildlife management endowment fund previously created in accordance with § 70-1-501 as such section existed prior to April 14, 2022. In addition to this initial funding, the lifetime sportsman endowment fund trust must consist of the following assets deposited to or accrued in the fund:
(1) [Deleted by 2023 amendment.]
(2) The proceeds from cash donations or donations of property converted or to be converted to cash;
(3) Such other sources as may be deemed appropriate, including sources that may be specified by law; and
(4) Income derived from fund investments.
Amended by 2023 Tenn. Acts, ch. 303, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 874, s 3, eff. 4/14/2022.
Amended by 2015 Tenn. Acts, ch. 196, s 2, eff. 4/22/2015.
Acts 1998, ch. 610, § 2.
Tenn. Code Ann. § 70-4-404 — TN Code / Title 70 / Chapter 4 / Section 70-4-404
Permits - Fees
Status: in_force

(a) The agency shall issue permits for possessing live wildlife as defined in this part. (b) (1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept. (2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity. (c) Class I wildlife. (1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. This section applies solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife. (2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions: (A) The applicant must be at least twenty-one (21) years of age; (B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience; (C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and (D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment. (3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler. (d) No person shall hold live wildlife in captivity without first obtaining the appropriate permit as provided in this part. The annual permits and fees for holding live wildlife are as follows: (1) Personal Possession. (A) Class I: $150/animal or $1,000/facility; and (B) Class II: $10.00/animal or $100/facility; (2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required; (3) Commercial Propagator. $1,000/facility for Class I wildlife; (4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl; (5) Importation. $10.00/shipment or $100 per year; (6) Temporary Exhibitor. $100/30 day period; (7) Permanent Exhibitor. $500/year/facility; (8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game; (9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements; (10) Qualification Examination. $10.00/examination; and (11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge. Acts 1991, ch. 487, § 1.
(a) The agency shall issue permits for possessing live wildlife as defined in this part.
(b) (1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept. (2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity.
(1) The commission shall adopt reasonable rules for issuing permits to possess live wildlife and establishing the conditions of possessing wildlife. The conditions shall be directed toward assuring the health, welfare, and safety of animals, the public and, where necessary, the security of facilities in which the animals are kept.
(2) The executive director of the agency may authorize by letter permission to possess any class of wildlife for approved research studies or for the temporary holding of animals in the interest of public safety. The executive director may exempt specific events from the caging and handling requirements established for Class I wildlife. Approval of an exemption will be based on a written request that outlines safety precautions that must be implemented during the specified activity.
(c) Class I wildlife. (1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. This section applies solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife. (2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions: (A) The applicant must be at least twenty-one (21) years of age; (B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience; (C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and (D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment. (3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler.
(1) Persons legally possessing Class I wildlife prior to June 25, 1991, shall obtain annually a personal possession permit to keep such Class I wildlife. To obtain a personal possession permit, such persons shall comply with all of this part. After June 25, 1991, no new animals shall be brought into possession under authority of a personal possession permit. Persons in legal possession of one (1) or more species of Class I wildlife as of June 25, 1991, may maintain the lineage of such species up to a maximum of three (3) animals per species. Persons in legal possession of the offspring of such Class I wildlife shall have a maximum of twelve (12) months from the date of birth of such offspring to obtain appropriate permits for such offspring, or to dispose of such offspring through an appropriate commercial propagator, or by any other manner permitted by law within the state. This section applies solely to persons in legal possession of Class I wildlife as of June 25, 1991, and shall not be construed to authorize new personal possession of Class I wildlife.
(2) The executive director shall issue a permit upon a satisfactory showing of qualifications to possess live wildlife under the following conditions: (A) The applicant must be at least twenty-one (21) years of age; (B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience; (C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and (D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment.
(A) The applicant must be at least twenty-one (21) years of age;
(B) The applicant must have at least two (2) years of experience in the handling or care of the Class I species for which the applicant is applying, or, in the alternative, must take a written examination, developed and administered by the agency, evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care, exercise needs and housing of the species to be covered by the permit. Experience gained while in violation of this part shall not be considered qualifying experience;
(C) The facilities for holding Class I wildlife must be located on the premises on which the permit holder resides or shall have a full-time resident caretaker to supervise the care and security of the facilities. Facilities for Class I animals may not be on premises of less than one (1) acre for a personal possession permit and three (3) acres for a commercial propagator facility permit, and may not be located in a multi-unit dwelling or trailer park; and
(D) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must have the legal authority to possess weapons or other equipment necessary to carry out the plan and, in fact, possess such weapons or other equipment.
(3) The permittee shall control and maintain Class I wildlife at all times in such a manner as to prevent direct exposure or contact between the animal or animals and the public; provided, that a trained elephant may be brought into contact with the public under the close supervision of a qualified trainer or handler.
(d) No person shall hold live wildlife in captivity without first obtaining the appropriate permit as provided in this part. The annual permits and fees for holding live wildlife are as follows: (1) Personal Possession. (A) Class I: $150/animal or $1,000/facility; and (B) Class II: $10.00/animal or $100/facility; (2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required; (3) Commercial Propagator. $1,000/facility for Class I wildlife; (4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl; (5) Importation. $10.00/shipment or $100 per year; (6) Temporary Exhibitor. $100/30 day period; (7) Permanent Exhibitor. $500/year/facility; (8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game; (9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements; (10) Qualification Examination. $10.00/examination; and (11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge.
(1) Personal Possession. (A) Class I: $150/animal or $1,000/facility; and (B) Class II: $10.00/animal or $100/facility;
(A) Class I: $150/animal or $1,000/facility; and
(B) Class II: $10.00/animal or $100/facility;
(2) Transfer of Ownership. A permit for transferring any Class I or II animal held under a personal possession permit. If the transfer of the animal is ordered by the agency, no transfer permit is required;
(3) Commercial Propagator. $1,000/facility for Class I wildlife;
(4) Propagator. $25.00/facility for small game birds and waterfowl; and $100/facility for all Class II wildlife except small game birds and waterfowl;
(5) Importation. $10.00/shipment or $100 per year;
(6) Temporary Exhibitor. $100/30 day period;
(7) Permanent Exhibitor. $500/year/facility;
(8) Commercial Wildlife Preserve. $150/year for big game; and $75.00/year for small game;
(9) Falconry. $40.00/year or other time period as might coincide with federal permit requirements;
(10) Qualification Examination. $10.00/examination; and
(11) Zoos, Nature Centers, Rehabilitation Centers, and Educational Exhibits Certified As Nonprofit. No charge.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-2-221 — TN Code / Title 70 / Chapter 2 / Section 70-2-221
[See the Compiler's Notes.] Fish dealers license - Requirements - Penalties
Status: in_force

(a) Any person, firm or corporation, before engaging in the businesses described in this section, must purchase a fish dealer's license: (1) (A) A "bait dealer" engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait; (B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary; and (C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction; (2) "Catch-out operation" is the business of making legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to procure them by purchase; (3) (A) "Fish farming" is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and (B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license. (b) These businesses shall be operated under rules and regulations promulgated by the wildlife resources agency. (c) [Deleted by 2021 amendment.] (d) Each license issued shall cover all operations of a single business conducted within the exterior boundaries of the same tract of land owned or leased by the person, firm or corporation. (e) Any person, firm or corporation violating this section commits a Class C misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Amended by 2021 Tenn. Acts, ch. 270, s 9, eff. 7/1/2021. Acts 1989, ch. 486, § 10; 1994, ch. 727, § 1.
(a) Any person, firm or corporation, before engaging in the businesses described in this section, must purchase a fish dealer's license: (1) (A) A "bait dealer" engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait; (B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary; and (C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction; (2) "Catch-out operation" is the business of making legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to procure them by purchase; (3) (A) "Fish farming" is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and (B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license.
(1) (A) A "bait dealer" engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait; (B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary; and (C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction;
(A) A "bait dealer" engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait;
(B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary; and
(C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction;
(2) "Catch-out operation" is the business of making legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to procure them by purchase;
(3) (A) "Fish farming" is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and (B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license.
(A) "Fish farming" is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and
(B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license.
(b) These businesses shall be operated under rules and regulations promulgated by the wildlife resources agency.
(c) [Deleted by 2021 amendment.]
(d) Each license issued shall cover all operations of a single business conducted within the exterior boundaries of the same tract of land owned or leased by the person, firm or corporation.
(e) Any person, firm or corporation violating this section commits a Class C misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).
Amended by 2021 Tenn. Acts, ch. 270, s 9, eff. 7/1/2021.
Acts 1989, ch. 486, § 10; 1994, ch. 727, § 1.
Tenn. Code Ann. § 70-6-102 — TN Code / Title 70 / Chapter 6 / Section 70-6-102
Each unlawful taking and device deemed separate offense - Penalty
Status: in_force

Each wild animal, wild bird, wild fowl, or fish caught, taken, killed, captured, destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, and each trap, snare, net or other device used or attempted to be used in violation of this title constitutes a separate offense and, unless a specific penalty is otherwise provided, is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Acts 1951, ch. 115, § 52 (Williams, § 5178.81); T.C.A. (orig. ed.), § 51-702.
Each wild animal, wild bird, wild fowl, or fish caught, taken, killed, captured, destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, and each trap, snare, net or other device used or attempted to be used in violation of this title constitutes a separate offense and, unless a specific penalty is otherwise provided, is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense.
Acts 1951, ch. 115, § 52 (Williams, § 5178.81); T.C.A. (orig. ed.), § 51-702.
Tenn. Code Ann. § 70-4-120 — TN Code / Title 70 / Chapter 4 / Section 70-4-120
Trapping, snaring or baiting regulations - Penalties for violations - Snare traps - Use of tamed quail to train bird dogs
Status: in_force

(a) (1) It is unlawful for any person, except as provided in this chapter, to set or place any trap or snare, or bait any trap or device, upon the lands of, or in the waters adjoining the lands of, any person, for the purpose of catching or killing any wild animal upon the lands of another, except during the open season on such animals, and then only after such person has obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting the devices; provided, that nets, spring poles and deadfalls are prohibited at all times and all places. (2) The commission shall promulgate rules or adopt proclamations, as necessary, to: (A) Determine the types of steel traps that may be used in the taking of wild animals; and (B) Regulate the placement of steel traps. (3) The commission shall promulgate rules or adopt proclamations, as necessary, to establish inspection requirements for steel traps used in the taking of wild animals. (4) Persons trapping upon the lands of another shall at once make to the owner of the lands a full written report of the head of fowl, stock, or dog caught in the steel trap or other trapping device set by such person, giving the date the fowl, stock or dog was caught, with a full description of the fowl, stock or dog. (5) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device. (6) All traps set or used for the purpose of taking any wild animals shall be stamped with the owner's name in such manner that the same shall be legible at all times. Any trap or traps found that are not stamped may be confiscated or destroyed. (7) Any person violating this section commits a Class C misdemeanor and also is prohibited from trapping or engaging in the business of buying or selling furs for a period of time of not less than one (1) year, or both. Any person who traps or engages in the business of buying or selling furs during the period commits a Class C misdemeanor. (b) It is lawful at all times for any person to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye and the training of the bird dogs shall be conducted under such rules and regulations as may be promulgated by the fish and wildlife commission. Amended by 2017 Tenn. Acts, ch. 203,Secs.s3, s4 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 203,s 2, eff. 7/1/2017. Acts 1951, ch. 115, § 48 (Williams, § 5178.77); Acts 1971, ch. 381, §§ 1, 2; 1974, ch. 481, § 21; 1980, ch. 655, § 1; 1981, ch. 197, § 3; T.C.A. (orig. ed.), § 51-439; Acts 1985, ch. 148, § 2; 1985, ch. 253, § 1; 1988, ch. 772, § 1; 1988, ch. 915, §§ 1, 2; 1989, ch. 591, § 113; 1997, ch. 158, §§ 1, 2; 2003, ch. 46, § 1; 2008, ch. 675, § 1; 2012, ch. 993, § 13.
(a) (1) It is unlawful for any person, except as provided in this chapter, to set or place any trap or snare, or bait any trap or device, upon the lands of, or in the waters adjoining the lands of, any person, for the purpose of catching or killing any wild animal upon the lands of another, except during the open season on such animals, and then only after such person has obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting the devices; provided, that nets, spring poles and deadfalls are prohibited at all times and all places. (2) The commission shall promulgate rules or adopt proclamations, as necessary, to: (A) Determine the types of steel traps that may be used in the taking of wild animals; and (B) Regulate the placement of steel traps. (3) The commission shall promulgate rules or adopt proclamations, as necessary, to establish inspection requirements for steel traps used in the taking of wild animals. (4) Persons trapping upon the lands of another shall at once make to the owner of the lands a full written report of the head of fowl, stock, or dog caught in the steel trap or other trapping device set by such person, giving the date the fowl, stock or dog was caught, with a full description of the fowl, stock or dog. (5) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device. (6) All traps set or used for the purpose of taking any wild animals shall be stamped with the owner's name in such manner that the same shall be legible at all times. Any trap or traps found that are not stamped may be confiscated or destroyed. (7) Any person violating this section commits a Class C misdemeanor and also is prohibited from trapping or engaging in the business of buying or selling furs for a period of time of not less than one (1) year, or both. Any person who traps or engages in the business of buying or selling furs during the period commits a Class C misdemeanor.
(1) It is unlawful for any person, except as provided in this chapter, to set or place any trap or snare, or bait any trap or device, upon the lands of, or in the waters adjoining the lands of, any person, for the purpose of catching or killing any wild animal upon the lands of another, except during the open season on such animals, and then only after such person has obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting the devices; provided, that nets, spring poles and deadfalls are prohibited at all times and all places.
(2) The commission shall promulgate rules or adopt proclamations, as necessary, to: (A) Determine the types of steel traps that may be used in the taking of wild animals; and (B) Regulate the placement of steel traps.
(A) Determine the types of steel traps that may be used in the taking of wild animals; and
(B) Regulate the placement of steel traps.
(3) The commission shall promulgate rules or adopt proclamations, as necessary, to establish inspection requirements for steel traps used in the taking of wild animals.
(4) Persons trapping upon the lands of another shall at once make to the owner of the lands a full written report of the head of fowl, stock, or dog caught in the steel trap or other trapping device set by such person, giving the date the fowl, stock or dog was caught, with a full description of the fowl, stock or dog.
(5) When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device.
(6) All traps set or used for the purpose of taking any wild animals shall be stamped with the owner's name in such manner that the same shall be legible at all times. Any trap or traps found that are not stamped may be confiscated or destroyed.
(7) Any person violating this section commits a Class C misdemeanor and also is prohibited from trapping or engaging in the business of buying or selling furs for a period of time of not less than one (1) year, or both. Any person who traps or engages in the business of buying or selling furs during the period commits a Class C misdemeanor.
(b) It is lawful at all times for any person to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye and the training of the bird dogs shall be conducted under such rules and regulations as may be promulgated by the fish and wildlife commission.
Amended by 2017 Tenn. Acts, ch. 203,Secs.s3, s4 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 203,s 2, eff. 7/1/2017.
Acts 1951, ch. 115, § 48 (Williams, § 5178.77); Acts 1971, ch. 381, §§ 1, 2; 1974, ch. 481, § 21; 1980, ch. 655, § 1; 1981, ch. 197, § 3; T.C.A. (orig. ed.), § 51-439; Acts 1985, ch. 148, § 2; 1985, ch. 253, § 1; 1988, ch. 772, § 1; 1988, ch. 915, §§ 1, 2; 1989, ch. 591, § 113; 1997, ch. 158, §§ 1, 2; 2003, ch. 46, § 1; 2008, ch. 675, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-2-105 — TN Code / Title 70 / Chapter 2 / Section 70-2-105
Preparation and distribution of license forms to county clerk or other agent - Maintenance and remittance of funds
Status: in_force

(a) The executive director shall prepare and deliver to each county clerk or other agent authorized to issue and sell licenses, tags, registrations and other privileges as described in § 70-2-106 , as many blank forms as may be required. (b) Each county clerk or authorized agent shall maintain all funds collected on behalf of the agency in a checking account available for electronic transfer within twenty-four (24) hours. (c) Any agent failing to make the required remittance available as required in this section shall be deemed delinquent and shall pay a penalty of five percent (5%) on all funds that were owed and that were not remitted or paid over within the time prescribed by this section. In addition, such agent, in the discretion of the executive director, may forfeit the privilege to sell any future licenses, tags, registrations and other privileges as described in § 70-2-106 . Acts 1951, ch. 115, § 8 (Williams, § 5178.37); 1957, ch. 323, §§ 3, 4; 1959, ch. 64, § 2; 1961, ch. 198, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 243, §§ 1, 2; T.C.A. (orig. ed.), § 51-227; Acts 1999, ch. 102, § 1.
(a) The executive director shall prepare and deliver to each county clerk or other agent authorized to issue and sell licenses, tags, registrations and other privileges as described in § 70-2-106 , as many blank forms as may be required.
(b) Each county clerk or authorized agent shall maintain all funds collected on behalf of the agency in a checking account available for electronic transfer within twenty-four (24) hours.
(c) Any agent failing to make the required remittance available as required in this section shall be deemed delinquent and shall pay a penalty of five percent (5%) on all funds that were owed and that were not remitted or paid over within the time prescribed by this section. In addition, such agent, in the discretion of the executive director, may forfeit the privilege to sell any future licenses, tags, registrations and other privileges as described in § 70-2-106 .
Acts 1951, ch. 115, § 8 (Williams, § 5178.37); 1957, ch. 323, §§ 3, 4; 1959, ch. 64, § 2; 1961, ch. 198, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 243, §§ 1, 2; T.C.A. (orig. ed.), § 51-227; Acts 1999, ch. 102, § 1.
Tenn. Code Ann. § 70-6-201 — TN Code / Title 70 / Chapter 6 / Section 70-6-201
Confiscation and disposal of wildlife and other articles illegally taken or used
Status: in_force

(a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the fish and wildlife commission, and impound and take them before the court trying the person arrested. (b) Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested. (c) (1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 - 70-4-118, determine whether or not the things seized shall be declared contraband. (2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2. (3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund. Acts 1951, ch. 115, § 39 (Williams, § 5178.68); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-706; Acts 2007, ch. 65, § 1; 2009, ch. 213, § 1; 2012, ch. 993, § 13.
(a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the fish and wildlife commission, and impound and take them before the court trying the person arrested.
(b) Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested.
(c) (1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 - 70-4-118, determine whether or not the things seized shall be declared contraband. (2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2. (3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
(1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 - 70-4-118, determine whether or not the things seized shall be declared contraband.
(2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2.
(3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
Acts 1951, ch. 115, § 39 (Williams, § 5178.68); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-706; Acts 2007, ch. 65, § 1; 2009, ch. 213, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-1-207 — TN Code / Title 70 / Chapter 1 / Section 70-1-207
Corporate sponsorship on motor vehicles and vessels
Status: in_force

(a) The fish and wildlife commission is authorized to develop rules and regulations for corporate sponsorship on appropriate agency motor vehicles and vessels; provided, however, that no corporate sponsorship shall be placed on agency law enforcement motor vehicles or vessels. Such rules and regulations may include, but are not limited to, signage placement, safety concerns and prohibited practices. (b) Such commercial sponsorship shall not include, identify or promote: (1) Alcohol or tobacco products; (2) Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401 ; (3) Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in § 2-19-144 ; or (4) Any unlawful conduct or activities. (c) The department shall prefer sponsorship by organizations that are wildlife or boating related. (d) (1) The sponsorship message shall include only the name or logo of the sponsor or both. (2) The sponsorship message may only be located on the back of the vehicle or vessel. (3) The logo of the sponsor shall not exceed four hundred square inches (400 sq. in.) in size, and the lettering identifying the sponsor shall not exceed eight inches (8") in height. Acts 2012, ch. 993, § 1.
(a) The fish and wildlife commission is authorized to develop rules and regulations for corporate sponsorship on appropriate agency motor vehicles and vessels; provided, however, that no corporate sponsorship shall be placed on agency law enforcement motor vehicles or vessels. Such rules and regulations may include, but are not limited to, signage placement, safety concerns and prohibited practices.
(b) Such commercial sponsorship shall not include, identify or promote: (1) Alcohol or tobacco products; (2) Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401 ; (3) Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in § 2-19-144 ; or (4) Any unlawful conduct or activities.
(1) Alcohol or tobacco products;
(2) Adult-oriented establishments, as defined in § 7-51-1102 or § 7-51-1401 ;
(3) Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in § 2-19-144 ; or
(4) Any unlawful conduct or activities.
(c) The department shall prefer sponsorship by organizations that are wildlife or boating related.
(d) (1) The sponsorship message shall include only the name or logo of the sponsor or both. (2) The sponsorship message may only be located on the back of the vehicle or vessel. (3) The logo of the sponsor shall not exceed four hundred square inches (400 sq. in.) in size, and the lettering identifying the sponsor shall not exceed eight inches (8") in height.
(1) The sponsorship message shall include only the name or logo of the sponsor or both.
(2) The sponsorship message may only be located on the back of the vehicle or vessel.
(3) The logo of the sponsor shall not exceed four hundred square inches (400 sq. in.) in size, and the lettering identifying the sponsor shall not exceed eight inches (8") in height.
Acts 2012, ch. 993, § 1.
Tenn. Code Ann. § 70-1-203 — TN Code / Title 70 / Chapter 1 / Section 70-1-203
Officers - Meetings - Ex officio members
Status: in_force

(a) The commission shall elect a chair, a vice chair and a secretary. The secretary may or may not be a member of the commission. These officers shall be elected for a period of one (1) year. After organization, the commission shall hold six (6) regular meetings and may hold as many as six (6) special meetings in any one (1) year at such times and places as the commission shall elect, for which their expenses shall be paid as provided in § 70-1-202 . (b) Seven (7) members of the commission shall constitute a quorum. (c) The governor, the commissioner of environment and conservation and the commissioner of agriculture, or their designees, shall serve as ex officio, nonvoting members of the commission and shall not be included in calculation of a quorum. Acts 2012, ch. 993, § 1.
(a) The commission shall elect a chair, a vice chair and a secretary. The secretary may or may not be a member of the commission. These officers shall be elected for a period of one (1) year. After organization, the commission shall hold six (6) regular meetings and may hold as many as six (6) special meetings in any one (1) year at such times and places as the commission shall elect, for which their expenses shall be paid as provided in § 70-1-202 .
(b) Seven (7) members of the commission shall constitute a quorum.
(c) The governor, the commissioner of environment and conservation and the commissioner of agriculture, or their designees, shall serve as ex officio, nonvoting members of the commission and shall not be included in calculation of a quorum.
Acts 2012, ch. 993, § 1.
Tenn. Code Ann. § 70-3-104 — TN Code / Title 70 / Chapter 3 / Section 70-3-104
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, §§ 46, 47; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, §§ 5178.55, 5178.56 (Williams, §§ 5176.47, 5176.48); impl. am. Acts 1974, ch. 481, §§6, 7; T.C.A., §§ 51-305, 51-306.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, §§ 46, 47; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, §§ 5178.55, 5178.56 (Williams, §§ 5176.47, 5176.48); impl. am. Acts 1974, ch. 481, §§6, 7; T.C.A., §§ 51-305, 51-306.
Tenn. Code Ann. § 70-4-418 — TN Code / Title 70 / Chapter 4 / Section 70-4-418
Implantation of microchips in Class I carnivores
Status: in_force

(a) Any person who obtains a Class I carnivore on or after July 1, 2015, shall, within six (6) months of obtaining the animal, have a microchip permanently implanted in the animal. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five kilohertz (125 kHz), one hundred thirty-four and two-tenths kilohertz (134.2 kHz), or four hundred kilohertz (400 kHz). (b) Any person who possesses a Class I carnivore prior to July 1, 2015, and who continues to possess the animal on or after July 1, 2015, shall have a microchip that meets the technical specifications described in subsection (a) permanently implanted in the animal by July 1, 2018. Added by 2015 Tenn. Acts, ch. 331,s 1, eff. 7/1/2015.
(a) Any person who obtains a Class I carnivore on or after July 1, 2015, shall, within six (6) months of obtaining the animal, have a microchip permanently implanted in the animal. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five kilohertz (125 kHz), one hundred thirty-four and two-tenths kilohertz (134.2 kHz), or four hundred kilohertz (400 kHz).
(b) Any person who possesses a Class I carnivore prior to July 1, 2015, and who continues to possess the animal on or after July 1, 2015, shall have a microchip that meets the technical specifications described in subsection (a) permanently implanted in the animal by July 1, 2018.
Added by 2015 Tenn. Acts, ch. 331,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 70-8-306 — TN Code / Title 70 / Chapter 8 / Section 70-8-306
Licensing and regulation of nursery farmers
Status: in_force

(a) A license for the commercial sale or export of any endangered species by nursery farmers issued pursuant to § 70-8-304(3) shall allow a nursery farmer to engage in the commercial sale of any endangered species, subject to the restrictions of subsection (b). (b) Each plant of an endangered species that is sold or exported by a nursery farmer shall be: (1) Grown horticulturally from seeds or by vegetative propagation on the nursery farmer's land; (2) Obtained from any source outside this state; (3) Acquired from any person by gift or donation; (4) Purchased from any person, subject to the restrictions of § 70-8-309(b) ; or (5) Purchased from another nursery farmer in Tennessee. Acts 1985, ch. 242, § 6; T.C.A., § 11-26-206.
(a) A license for the commercial sale or export of any endangered species by nursery farmers issued pursuant to § 70-8-304(3) shall allow a nursery farmer to engage in the commercial sale of any endangered species, subject to the restrictions of subsection (b).
(b) Each plant of an endangered species that is sold or exported by a nursery farmer shall be: (1) Grown horticulturally from seeds or by vegetative propagation on the nursery farmer's land; (2) Obtained from any source outside this state; (3) Acquired from any person by gift or donation; (4) Purchased from any person, subject to the restrictions of § 70-8-309(b) ; or (5) Purchased from another nursery farmer in Tennessee.
(1) Grown horticulturally from seeds or by vegetative propagation on the nursery farmer's land;
(2) Obtained from any source outside this state;
(3) Acquired from any person by gift or donation;
(4) Purchased from any person, subject to the restrictions of § 70-8-309(b) ; or
(5) Purchased from another nursery farmer in Tennessee.
Acts 1985, ch. 242, § 6; T.C.A., § 11-26-206.
Tenn. Code Ann. § 70-4-127 — TN Code / Title 70 / Chapter 4 / Section 70-4-127
Dove-baiting prohibited
Status: in_force

(a) It is a criminal offense to bait a field or other area. "Bait," as used in this section, means the intentional placement of grain or any mixture of any ingredients used as or for food purposes for the purpose of killing, injuring, or capturing doves. "Bait" does not include the broadcasting or sowing of grain or seed for normal agricultural purposes, the placement of salt pans or troughs for livestock, the practice of leaving or manipulating standing crops in a field, or other normal agricultural practices customarily practiced on the land. (b) Any person who enters upon the lands of another to bait a field or other area commits criminal trespass, and, upon conviction, shall be punished in accordance with § 39-14-405 . (c) Any person who baits a field or other area or any person who assists, employs or directs another to do so commits a Class C misdemeanor. Acts 1983, ch. 471, § 1; 1989, ch. 591, § 113; 1996, ch. 675, § 73.
(a) It is a criminal offense to bait a field or other area. "Bait," as used in this section, means the intentional placement of grain or any mixture of any ingredients used as or for food purposes for the purpose of killing, injuring, or capturing doves. "Bait" does not include the broadcasting or sowing of grain or seed for normal agricultural purposes, the placement of salt pans or troughs for livestock, the practice of leaving or manipulating standing crops in a field, or other normal agricultural practices customarily practiced on the land.
(b) Any person who enters upon the lands of another to bait a field or other area commits criminal trespass, and, upon conviction, shall be punished in accordance with § 39-14-405 .
(c) Any person who baits a field or other area or any person who assists, employs or directs another to do so commits a Class C misdemeanor.
Acts 1983, ch. 471, § 1; 1989, ch. 591, § 113; 1996, ch. 675, § 73.
Tenn. Code Ann. § 70-8-311 — TN Code / Title 70 / Chapter 8 / Section 70-8-311
Enforcement of provisions - Injunctions
Status: in_force

(a) Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to enforce any of the provisions of § 70-8-309 or any regulation or rule promulgated pursuant to this part, or any license issued pursuant to this part. (b) In addition to any other available remedy at law, the commissioner may apply to the chancery court of any county in which a violation of this part is occurring, or in which the commissioner has probable cause to believe a violation of this part is about to occur, and the court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating any provision of this part without requiring the commissioner to post bond during the pendency of this action. Acts 1985, ch. 242, § 11; T.C.A., § 11-26-211.
(a) Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to enforce any of the provisions of § 70-8-309 or any regulation or rule promulgated pursuant to this part, or any license issued pursuant to this part.
(b) In addition to any other available remedy at law, the commissioner may apply to the chancery court of any county in which a violation of this part is occurring, or in which the commissioner has probable cause to believe a violation of this part is about to occur, and the court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating any provision of this part without requiring the commissioner to post bond during the pendency of this action.
Acts 1985, ch. 242, § 11; T.C.A., § 11-26-211.
Tenn. Code Ann. § 70-3-112 — TN Code / Title 70 / Chapter 3 / Section 70-3-112
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 68; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, § 5178.77 (Williams, § 5176.69); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-332.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 68; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, § 5178.77 (Williams, § 5176.69); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-332.
Tenn. Code Ann. § 70-9-107 — TN Code / Title 70 / Chapter 9 / Section 70-9-107
Penalties - Enforcement
Status: in_force

(a) Except as provided in subsection (d), a violation of any provision of this chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this chapter commits a Class B misdemeanor. A person who commits a second or subsequent offense commits a Class B misdemeanor with a mandatory fine of two hundred fifty dollars ($250). (b) For any conviction of violation of a provision of this chapter, the court may order restitution for damages caused by the violator, or the court may order the violator to restore the property to a state comparable to its original undamaged state. Any restitution ordered shall be paid to the landowner or to the agency if the land on which the offense occurred was owned, leased, licensed to, or in some manner under agency control. Agency control includes, but is not limited to, control through any type of agreement or understanding with any private or governmental entity permitting land to be used in connection with the OHV program. (c) In connection with an arrest for a violation of this chapter, the OHV may be seized and impounded in compliance with title 40, chapter 33. (d) It is unlawful for any person to ride an off-highway motor vehicle upon the land of another without having first obtained the permission or approval of the owners of the land or of the person or persons in charge of the land who have authority from the owner to give such permission. A violation of this subsection (d) is a Class C misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this subsection (d) shall be considered a separate offense; provided, that, in lieu of a fine pursuant to this subsection (d), if land is damaged, a court may order the violator to pay restitution to the landowner or to restore the property to a state comparable to its original undamaged state. (e) This chapter is enforceable and may be prosecuted by all law enforcement officers, including police officers, sheriffs, agency officers, and other peace officers charged with the enforcement of the laws of this state. The primary responsibility for the enforcement and prosecution of this chapter on private lands and on lands under local governmental ownership or control is with local law enforcement officers. The primary responsibility for the enforcement and prosecution of this chapter on public lands not under local governmental ownership or control is with state law enforcement officers, including wildlife resources officers. It is not the legislative intent that the agency enforce trespass laws on private property unless the property is under state control. Acts 2004, ch. 622, § 8; 2005, ch. 175, §§ 1, 2.
(a) Except as provided in subsection (d), a violation of any provision of this chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor to operate an off-highway vehicle in violation of this chapter commits a Class B misdemeanor. A person who commits a second or subsequent offense commits a Class B misdemeanor with a mandatory fine of two hundred fifty dollars ($250).
(b) For any conviction of violation of a provision of this chapter, the court may order restitution for damages caused by the violator, or the court may order the violator to restore the property to a state comparable to its original undamaged state. Any restitution ordered shall be paid to the landowner or to the agency if the land on which the offense occurred was owned, leased, licensed to, or in some manner under agency control. Agency control includes, but is not limited to, control through any type of agreement or understanding with any private or governmental entity permitting land to be used in connection with the OHV program.
(c) In connection with an arrest for a violation of this chapter, the OHV may be seized and impounded in compliance with title 40, chapter 33.
(d) It is unlawful for any person to ride an off-highway motor vehicle upon the land of another without having first obtained the permission or approval of the owners of the land or of the person or persons in charge of the land who have authority from the owner to give such permission. A violation of this subsection (d) is a Class C misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this subsection (d) shall be considered a separate offense; provided, that, in lieu of a fine pursuant to this subsection (d), if land is damaged, a court may order the violator to pay restitution to the landowner or to restore the property to a state comparable to its original undamaged state.
(e) This chapter is enforceable and may be prosecuted by all law enforcement officers, including police officers, sheriffs, agency officers, and other peace officers charged with the enforcement of the laws of this state. The primary responsibility for the enforcement and prosecution of this chapter on private lands and on lands under local governmental ownership or control is with local law enforcement officers. The primary responsibility for the enforcement and prosecution of this chapter on public lands not under local governmental ownership or control is with state law enforcement officers, including wildlife resources officers. It is not the legislative intent that the agency enforce trespass laws on private property unless the property is under state control.
Acts 2004, ch. 622, § 8; 2005, ch. 175, §§ 1, 2.
Tenn. Code Ann. § 70-9-104 — TN Code / Title 70 / Chapter 9 / Section 70-9-104
Authority of director
Status: in_force

The director is authorized to: (1) Establish and implement an off-highway vehicle program; (2) In cooperation with sellers and governmental agencies, develop a voluntary off-highway vehicle education program for existing and potential owners and users; (3) Develop guidelines on the proper land selection criteria, trail design and maintenance, and best management practices for all lands used for off-highway user purposes. In this connection, the director is authorized to develop public lands and manage for specific uses those public lands; (4) Study, analyze, and document the impacts of off-highway motor vehicles on surrounding habitat, including habitat loss, resource damage, noise, and vehicle emissions; (5) Acquire lands, through purchase or lease, for off-highway motor vehicle use. The director is encouraged to use property which is currently owned or leased by the state and which is appropriate for off-highway vehicle use before acquiring lands from private landowners. OHV use shall be expressly prohibited in Tennessee wildlife resources agency (TWRA) wildlife management areas or refuges used solely for hunting, fishing or other TWRA-related activities, state forests, state parks and state natural areas unless such area has been expressly approved for such use on or before May 10, 2004, except that OHV users may be allowed to access such areas if specified by rule and regulation; (6) Develop and maintain a list of areas within the state that allow the use of off-highway motor vehicles; (7) Enter into partnerships, contracts, and other management agreements with state, federal, and local governments and with private landowners to effectuate the purposes of this chapter; (8) Make inspections and investigations, conduct studies and research, or take such other action as may be necessary to carry out this chapter, and rules and regulations promulgated pursuant to § 70-9-105 ; and (9) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under § 70-9-105 . Acts 2004, ch. 622, § 5.
The director is authorized to:
(1) Establish and implement an off-highway vehicle program;
(2) In cooperation with sellers and governmental agencies, develop a voluntary off-highway vehicle education program for existing and potential owners and users;
(3) Develop guidelines on the proper land selection criteria, trail design and maintenance, and best management practices for all lands used for off-highway user purposes. In this connection, the director is authorized to develop public lands and manage for specific uses those public lands;
(4) Study, analyze, and document the impacts of off-highway motor vehicles on surrounding habitat, including habitat loss, resource damage, noise, and vehicle emissions;
(5) Acquire lands, through purchase or lease, for off-highway motor vehicle use. The director is encouraged to use property which is currently owned or leased by the state and which is appropriate for off-highway vehicle use before acquiring lands from private landowners. OHV use shall be expressly prohibited in Tennessee wildlife resources agency (TWRA) wildlife management areas or refuges used solely for hunting, fishing or other TWRA-related activities, state forests, state parks and state natural areas unless such area has been expressly approved for such use on or before May 10, 2004, except that OHV users may be allowed to access such areas if specified by rule and regulation;
(6) Develop and maintain a list of areas within the state that allow the use of off-highway motor vehicles;
(7) Enter into partnerships, contracts, and other management agreements with state, federal, and local governments and with private landowners to effectuate the purposes of this chapter;
(8) Make inspections and investigations, conduct studies and research, or take such other action as may be necessary to carry out this chapter, and rules and regulations promulgated pursuant to § 70-9-105 ; and
(9) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under § 70-9-105 .
Acts 2004, ch. 622, § 5.
Tenn. Code Ann. § 70-4-129 — TN Code / Title 70 / Chapter 4 / Section 70-4-129
Sale of fish and wildlife by charitable organizations
Status: in_force

(a) Notwithstanding § 70-4-101 , or rules, regulations or proclamations of the agency or commission to the contrary, fish and wildlife may be sold by charitable organizations in any county having a population of not less than twenty-seven thousand eight hundred (27,800) nor more than twenty-eight thousand (28,000), according to the 1990 federal census or any subsequent federal census for fundraising purposes in accordance with subsection (b). (b) Notwithstanding any provision of this title or rule, regulation or proclamation of the agency or commission to the contrary, fish and wildlife that are lawfully taken or acquired and donated to an organization that has received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501(c)(3) may be sold by such organization to raise funds if the following conditions are met: (1) The organization distributes at least ninety percent (90%) of the funds raised to other organizations that have received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501 ; (2) The organization maintains records for three (3) years of the source of such donations, and such records are made available for inspection upon request of the wildlife resources agency; and (3) The organization notifies the wildlife resources agency thirty (30) days in advance of any such sale. Acts 1993, ch. 83, §§ 1, 2.
(a) Notwithstanding § 70-4-101 , or rules, regulations or proclamations of the agency or commission to the contrary, fish and wildlife may be sold by charitable organizations in any county having a population of not less than twenty-seven thousand eight hundred (27,800) nor more than twenty-eight thousand (28,000), according to the 1990 federal census or any subsequent federal census for fundraising purposes in accordance with subsection (b).
(b) Notwithstanding any provision of this title or rule, regulation or proclamation of the agency or commission to the contrary, fish and wildlife that are lawfully taken or acquired and donated to an organization that has received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501(c)(3) may be sold by such organization to raise funds if the following conditions are met: (1) The organization distributes at least ninety percent (90%) of the funds raised to other organizations that have received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501 ; (2) The organization maintains records for three (3) years of the source of such donations, and such records are made available for inspection upon request of the wildlife resources agency; and (3) The organization notifies the wildlife resources agency thirty (30) days in advance of any such sale.
(1) The organization distributes at least ninety percent (90%) of the funds raised to other organizations that have received a determination of exemption from the internal revenue service pursuant to 26 U.S.C. § 501 ;
(2) The organization maintains records for three (3) years of the source of such donations, and such records are made available for inspection upon request of the wildlife resources agency; and
(3) The organization notifies the wildlife resources agency thirty (30) days in advance of any such sale.
Acts 1993, ch. 83, §§ 1, 2.
Tenn. Code Ann. § 70-6-106 — TN Code / Title 70 / Chapter 6 / Section 70-6-106
Report and disposition of fines and forfeitures
Status: in_force

On or before the fifteenth day of each month, magistrates or clerks of general sessions and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the state wildlife resources agency. The county clerk, magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines or forfeitures collected or taken, and shall pay one half (1/2) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (1/2) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county. Acts 1951, ch. 115, § 18 (Williams, § 5178.47); impl. am. Acts 1974, ch. 481, § 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-716.
On or before the fifteenth day of each month, magistrates or clerks of general sessions and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the state wildlife resources agency. The county clerk, magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines or forfeitures collected or taken, and shall pay one half (1/2) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (1/2) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county.
Acts 1951, ch. 115, § 18 (Williams, § 5178.47); impl. am. Acts 1974, ch. 481, § 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-716.
Tenn. Code Ann. § 70-8-202 — TN Code / Title 70 / Chapter 8 / Section 70-8-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Cultivated ginseng" means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng; (2) "Export" means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state; (3) "Ginseng" means the plant panax quinquefolius of the araliaceae family; (4) "Landowner" means the owner or lessee of land or the duly authorized agent of such owner or lessee; (5) "Plantlets" means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. Vegetative propagules or clippings of mature plants may be used to create plantlets; (6) "Prong" means a ginseng leaf with three (3) to five (5) leaflets; (7) "Sale" means any transfer of possession or ownership for money or other consideration; and (8) "Wild ginseng" means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas. Amended by 2019 Tenn. Acts, ch. 125,Secs.s1, s2 eff. 4/9/2019. Acts 1985, ch. 177, § 2; T.C.A., § 11-26-102.
As used in this part, unless the context otherwise requires:
(1) "Cultivated ginseng" means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng;
(2) "Export" means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state;
(3) "Ginseng" means the plant panax quinquefolius of the araliaceae family;
(4) "Landowner" means the owner or lessee of land or the duly authorized agent of such owner or lessee;
(5) "Plantlets" means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. Vegetative propagules or clippings of mature plants may be used to create plantlets;
(6) "Prong" means a ginseng leaf with three (3) to five (5) leaflets;
(7) "Sale" means any transfer of possession or ownership for money or other consideration; and
(8) "Wild ginseng" means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas.
Amended by 2019 Tenn. Acts, ch. 125,Secs.s1, s2 eff. 4/9/2019.
Acts 1985, ch. 177, § 2; T.C.A., § 11-26-102.
Tenn. Code Ann. § 70-4-123 — TN Code / Title 70 / Chapter 4 / Section 70-4-123
Hunting with bow and arrow while in possession of firearms or accompanied by a person in possession of firearms - Penalty
Status: in_force

(a) It is unlawful for a person hunting big game with a bow and arrow to be in possession of a firearm or be accompanied in hunting by a person possessing a firearm during the archery-only deer season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. (b) A person who violates this section commits a Class C misdemeanor. Amended by 2023 Tenn. Acts, ch. 218, s 6, eff. 7/1/2023. Acts 1967, ch. 40, §§ 1, 2; 1982, ch. 738, § 23; T.C.A., § 51-443; Acts 1989, ch. 591, § 113; 2010 , ch. 621, § 1.
(a) It is unlawful for a person hunting big game with a bow and arrow to be in possession of a firearm or be accompanied in hunting by a person possessing a firearm during the archery-only deer season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game.
(b) A person who violates this section commits a Class C misdemeanor.
Amended by 2023 Tenn. Acts, ch. 218, s 6, eff. 7/1/2023.
Acts 1967, ch. 40, §§ 1, 2; 1982, ch. 738, § 23; T.C.A., § 51-443; Acts 1989, ch. 591, § 113; 2010 , ch. 621, § 1.
Tenn. Code Ann. § 70-7-102 — TN Code / Title 70 / Chapter 7 / Section 70-7-102
Landowner's duty of care
Status: in_force

(a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104 . (b) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips except as to known hazards or defects and except as provided in § 70-7-104 . Amended by 2015 Tenn. Acts, ch. 53,s 1, eff. 4/6/2015. Acts 1963, ch. 177, § 3; T.C.A., § 51-803; Acts 1987, ch. 448, § 2; 2004, ch. 952, § 2; 2010, ch. 968, § 1.
(a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104 .
(b) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips except as to known hazards or defects and except as provided in § 70-7-104 .
Amended by 2015 Tenn. Acts, ch. 53,s 1, eff. 4/6/2015.
Acts 1963, ch. 177, § 3; T.C.A., § 51-803; Acts 1987, ch. 448, § 2; 2004, ch. 952, § 2; 2010, ch. 968, § 1.
Tenn. Code Ann. § 70-4-208 — TN Code / Title 70 / Chapter 4 / Section 70-4-208
Unlawful importation of skunks - Penalty
Status: in_force

(a) It is unlawful for any person to import, possess, or cause to be imported into this state any type of live skunk, or to sell, barter, exchange or otherwise transfer any live skunk, except that the prohibitions of this section shall not apply to bona fide zoological parks and research institutions. (b) Notwithstanding subsection (a), a person who possesses a valid wildlife rehabilitation permit issued by the agency may receive skunks from the wild for the purposes of rehabilitation and release only. (c) A violation of this section is a Class C misdemeanor. Amended by 2018 Tenn. Acts, ch. 652,s 1, eff. 4/9/2018. Acts 1974, ch. 622, § 1; 1982, ch. 738, § 31; T.C.A., § 51-514; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person to import, possess, or cause to be imported into this state any type of live skunk, or to sell, barter, exchange or otherwise transfer any live skunk, except that the prohibitions of this section shall not apply to bona fide zoological parks and research institutions.
(b) Notwithstanding subsection (a), a person who possesses a valid wildlife rehabilitation permit issued by the agency may receive skunks from the wild for the purposes of rehabilitation and release only.
(c) A violation of this section is a Class C misdemeanor.
Amended by 2018 Tenn. Acts, ch. 652,s 1, eff. 4/9/2018.
Acts 1974, ch. 622, § 1; 1982, ch. 738, § 31; T.C.A., § 51-514; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-2-109 — TN Code / Title 70 / Chapter 2 / Section 70-2-109
Free Sport Fishing Day
Status: in_force

The fish and wildlife commission may designate by proclamation one (1) day each year as "free sport fishing day" and all sport fishing license requirements as designated by proclamation for that day shall be suspended. Acts 1990, ch. 615, § 1; 2012, ch. 993, § 13.
The fish and wildlife commission may designate by proclamation one (1) day each year as "free sport fishing day" and all sport fishing license requirements as designated by proclamation for that day shall be suspended.
Acts 1990, ch. 615, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-8-112 — TN Code / Title 70 / Chapter 8 / Section 70-8-112
Species similar to endangered species
Status: in_force

The executive director may, by regulation, and to the extent the executive director deems advisable, treat any species as an endangered species or threatened species even though it is not listed, if the executive director finds that: (1) Such species so closely resembles in appearance, at the point in question, a species that has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species; (2) The effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (3) Such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this part. Acts 1974, ch. 769, § 12; T.C.A., § 51-912.
The executive director may, by regulation, and to the extent the executive director deems advisable, treat any species as an endangered species or threatened species even though it is not listed, if the executive director finds that:
(1) Such species so closely resembles in appearance, at the point in question, a species that has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species;
(2) The effect of this substantial difficulty is an additional threat to an endangered or threatened species; and
(3) Such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this part.
Acts 1974, ch. 769, § 12; T.C.A., § 51-912.
Tenn. Code Ann. § 70-2-110 — TN Code / Title 70 / Chapter 2 / Section 70-2-110
Free hunting day for persons with disabilities
Status: in_force

The fish and wildlife commission shall authorize persons with disabilities one (1) day each year to hunt in a wildlife resources agency sponsored hunt, and all hunting license requirements for such persons for that day and purpose shall be suspended. For the purposes of this section, persons with disabilities shall be those people entitled to receive placards as provided in title 55, chapter 21, part 1. Acts 2005, ch. 88, § 1; 2011, ch. 47, § 95; 2012, ch. 993, § 13.
The fish and wildlife commission shall authorize persons with disabilities one (1) day each year to hunt in a wildlife resources agency sponsored hunt, and all hunting license requirements for such persons for that day and purpose shall be suspended. For the purposes of this section, persons with disabilities shall be those people entitled to receive placards as provided in title 55, chapter 21, part 1.
Acts 2005, ch. 88, § 1; 2011, ch. 47, § 95; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-8-303 — TN Code / Title 70 / Chapter 8 / Section 70-8-303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of environment and conservation and the commissioner's authorized representatives; (2) "Conserve" and "conservation" include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range; (3) "Department" means the department of environment and conservation; (4) "Ecosystem" means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life; (5) "Endangered species" means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act; (6) "Endangered Species Act" means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) ( 16 U.S.C. § 1531 et seq.), as subsequently amended; (7) "Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale; (8) "Nursery stock" means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis; (9) "Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government; (10) "Plant" means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant; (11) "Public works project" means any federal, state, county or municipal or other governmental project; (12) "Special concern species" means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status; and (13) "Threatened species" means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a "threatened species" pursuant to the Endangered Species Act. Acts 1985, ch. 242, § 3; T.C.A., § 11-26-203.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of environment and conservation and the commissioner's authorized representatives;
(2) "Conserve" and "conservation" include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range;
(3) "Department" means the department of environment and conservation;
(4) "Ecosystem" means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life;
(5) "Endangered species" means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act;
(6) "Endangered Species Act" means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) ( 16 U.S.C. § 1531 et seq.), as subsequently amended;
(7) "Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale;
(8) "Nursery stock" means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis;
(9) "Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government;
(10) "Plant" means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant;
(11) "Public works project" means any federal, state, county or municipal or other governmental project;
(12) "Special concern species" means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status; and
(13) "Threatened species" means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a "threatened species" pursuant to the Endangered Species Act.
Acts 1985, ch. 242, § 3; T.C.A., § 11-26-203.
Tenn. Code Ann. § 70-1-205 — TN Code / Title 70 / Chapter 1 / Section 70-1-205
Removal of commission members
Status: in_force

(a) The governor may remove a governor-appointed commission member for inefficiency, neglect of duty, or misconduct in office, after first delivering to the commission member a copy of the charges and affording the commission member an opportunity of being publicly heard in person or by counsel to defend against the charges, upon not less than ten (10) business days' notice. (b) If such commission member is removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against the commission member and the governor's findings on the charges, together with a complete record of the proceedings. (c) The governor shall fill vacancies caused by removal in accordance with § 70-1-201(c)(5) . (d) Any member of the commission who misses four (4) regular or special meetings of the commission during any year of the commission member's term of office ipso facto vacates the member's office as a member of the commission. Such vacancies shall be filled in accordance with § 70-1-201(c)(5) . This subsection (d) shall not apply to ex officio members. Acts 2012, ch. 993, § 1.
(a) The governor may remove a governor-appointed commission member for inefficiency, neglect of duty, or misconduct in office, after first delivering to the commission member a copy of the charges and affording the commission member an opportunity of being publicly heard in person or by counsel to defend against the charges, upon not less than ten (10) business days' notice.
(b) If such commission member is removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against the commission member and the governor's findings on the charges, together with a complete record of the proceedings.
(c) The governor shall fill vacancies caused by removal in accordance with § 70-1-201(c)(5) .
(d) Any member of the commission who misses four (4) regular or special meetings of the commission during any year of the commission member's term of office ipso facto vacates the member's office as a member of the commission. Such vacancies shall be filled in accordance with § 70-1-201(c)(5) . This subsection (d) shall not apply to ex officio members.
Acts 2012, ch. 993, § 1.
Tenn. Code Ann. § 70-2-209 — TN Code / Title 70 / Chapter 2 / Section 70-2-209
Unlicensed possession and traffic in hides or pelts- Penalty
Status: in_force

(a) It is unlawful for any person, firm or corporation to purchase, receive for sale or have in its possession for commercial purposes any green hides, raw furs or pelts of wild animals without first procuring a license, except as provided in § 70-2-208 . (b) Any violation of this section is a Class A misdemeanor. Acts 1951, ch. 115, § 49 (Williams, § 5178.78); T.C.A. (orig. ed.), § 51-219; Acts 1989, ch. 591, §§ 1, 6; 1993, ch. 129, § 2.
(a) It is unlawful for any person, firm or corporation to purchase, receive for sale or have in its possession for commercial purposes any green hides, raw furs or pelts of wild animals without first procuring a license, except as provided in § 70-2-208 .
(b) Any violation of this section is a Class A misdemeanor.
Acts 1951, ch. 115, § 49 (Williams, § 5178.78); T.C.A. (orig. ed.), § 51-219; Acts 1989, ch. 591, §§ 1, 6; 1993, ch. 129, § 2.
Tenn. Code Ann. § 70-4-132 — TN Code / Title 70 / Chapter 4 / Section 70-4-132
Walleye and crappie in restaurants
Status: in_force

Notwithstanding any law, rule or regulation to the contrary, a restaurant located in this state may advertise, possess, sell, offer for sale or give away fully cooked crappie or walleye for consumption on the premises of the restaurant; provided, that the crappie or walleye is not harvested from the waters of this state and that appropriate documentation is maintained on the premises of the restaurant exhibiting the location of origin of the crappie and walleye. Acts 2009, ch. 596, § 2.
Notwithstanding any law, rule or regulation to the contrary, a restaurant located in this state may advertise, possess, sell, offer for sale or give away fully cooked crappie or walleye for consumption on the premises of the restaurant; provided, that the crappie or walleye is not harvested from the waters of this state and that appropriate documentation is maintained on the premises of the restaurant exhibiting the location of origin of the crappie and walleye.
Acts 2009, ch. 596, § 2.
Tenn. Code Ann. § 70-4-407 — TN Code / Title 70 / Chapter 4 / Section 70-4-407
Transfer of Class I wildlife - Notification
Status: in_force

(a) Prior to the transfer of any Class I wildlife to a new owner, the prospective owner must provide the seller with proper documentation of an approved holding facility for that species. Proper documentation consists of a copy of a current permit for that species or a letter from the Tennessee wildlife resources agency stating that the facilities have been inspected and are approved. Any transfer without approved holding facilities is a violation of this part by the seller, who shall provide housing for the animal at such seller's cost until the transferee can provide approved facilities or until final court actions are concluded. If the seller does not provide housing, such seller shall be liable for costs incurred by the agency for providing such housing. (b) Permittees must notify the agency of any transfer of Class I wildlife within five (5) days of the transfer on forms provided by the agency. Acts 1991, ch. 487, § 1.
(a) Prior to the transfer of any Class I wildlife to a new owner, the prospective owner must provide the seller with proper documentation of an approved holding facility for that species. Proper documentation consists of a copy of a current permit for that species or a letter from the Tennessee wildlife resources agency stating that the facilities have been inspected and are approved. Any transfer without approved holding facilities is a violation of this part by the seller, who shall provide housing for the animal at such seller's cost until the transferee can provide approved facilities or until final court actions are concluded. If the seller does not provide housing, such seller shall be liable for costs incurred by the agency for providing such housing.
(b) Permittees must notify the agency of any transfer of Class I wildlife within five (5) days of the transfer on forms provided by the agency.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-6-107 — TN Code / Title 70 / Chapter 6 / Section 70-6-107
Grand juries
Status: in_force

(a) The grand juries of the several counties have and possess inquisitorial powers to inquire with respect to the different offenses mentioned in this title that are punishable by a fine of more than fifty dollars ($50.00), or by imprisonment. (b) It is the duty of the different judges of the criminal and circuit courts having jurisdiction of such matters to charge the provisions of this title to the grand juries of the different counties at each term of court in the respective counties. Acts 1951, ch. 115, § 70 (Williams, § 5178.99); T.C.A. (orig. ed.), § 51-717.
(a) The grand juries of the several counties have and possess inquisitorial powers to inquire with respect to the different offenses mentioned in this title that are punishable by a fine of more than fifty dollars ($50.00), or by imprisonment.
(b) It is the duty of the different judges of the criminal and circuit courts having jurisdiction of such matters to charge the provisions of this title to the grand juries of the different counties at each term of court in the respective counties.
Acts 1951, ch. 115, § 70 (Williams, § 5178.99); T.C.A. (orig. ed.), § 51-717.
Tenn. Code Ann. § 70-8-310 — TN Code / Title 70 / Chapter 8 / Section 70-8-310
Penalties
Status: in_force

(a) Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, or both. (b) The court shall in all cases impose a fine of at least one hundred dollars ($100) for a person's first conviction under this part and a fine of at least five hundred dollars ($500) for all subsequent convictions of that person under this part. (c) The court shall not impose a jail sentence for a person's first conviction under this part. Acts 1985, ch. 242, § 10; T.C.A., § 11-26-210.
(a) Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, or both.
(b) The court shall in all cases impose a fine of at least one hundred dollars ($100) for a person's first conviction under this part and a fine of at least five hundred dollars ($500) for all subsequent convictions of that person under this part.
(c) The court shall not impose a jail sentence for a person's first conviction under this part.
Acts 1985, ch. 242, § 10; T.C.A., § 11-26-210.
Tenn. Code Ann. § 70-8-302 — TN Code / Title 70 / Chapter 8 / Section 70-8-302
Legislative findings
Status: in_force

The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable components of their ecosystems. However, nothing in this part shall be construed to limit the rights of private property owners to take rare plants from their own lands or to manage their lands for agriculture, forestry, development or any other lawful purpose. Acts 1985, ch. 242, § 2; T.C.A., § 11-26-202.
The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable components of their ecosystems. However, nothing in this part shall be construed to limit the rights of private property owners to take rare plants from their own lands or to manage their lands for agriculture, forestry, development or any other lawful purpose.
Acts 1985, ch. 242, § 2; T.C.A., § 11-26-202.
Tenn. Code Ann. § 70-4-114 — TN Code / Title 70 / Chapter 4 / Section 70-4-114
Destruction of dens or nests - Spotlighting - Use of spears, explosives, chemicals or other devices unlawful - Penalty
Status: in_force

(a) It is unlawful to disturb, mutilate, or destroy the home, nest, or den of any protected wild animals or birds, to use spears or any like device in the hunting or taking of protected wild animals, to blind with lights, except as provided in § 70-4-113 , or to use explosives, chemicals, mechanical devices, or smokers of any kind to drive protected wild animals out of their dens, holes, or houses. (b) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 38 (Williams, § 5178.67); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1982, ch. 738, § 18; T.C.A. (orig. ed.), § 51-423; Acts 1989, ch. 591, § 113.
(a) It is unlawful to disturb, mutilate, or destroy the home, nest, or den of any protected wild animals or birds, to use spears or any like device in the hunting or taking of protected wild animals, to blind with lights, except as provided in § 70-4-113 , or to use explosives, chemicals, mechanical devices, or smokers of any kind to drive protected wild animals out of their dens, holes, or houses.
(b) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 38 (Williams, § 5178.67); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1982, ch. 738, § 18; T.C.A. (orig. ed.), § 51-423; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-4-133 — TN Code / Title 70 / Chapter 4 / Section 70-4-133
Wild-appearing swine
Status: in_force

(a) It is the intent of this section to address the illegal translocation and release of wild-appearing swine. These animals have been shown to be destructive to native habitats, agricultural lands and private property and are carriers for a myriad of diseases that affect humans, livestock and wildlife. (b) It is not the intent of this section to impede the legal transportation of swine that are regulated by the department of agriculture. (c) As used in this section, "wild-appearing swine" means swine that are, at maturity, two feet to three feet (2' - 3') tall and three and one half feet to five feet (3 1/2' - 5') long and, at maturity, have the following physical features in comparison to domestic swine: (1) Massive heads with smaller, pointed and heavily-furred ears; (2) Heavier shoulders that slope down to small hips, giving the animal an outline similar to an American bison; (3) Long and thin snouts; (4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making a knifelike edge against the lower tusks; and (5) Straight tails that are tufted at the tip. (d) It is an offense for any person to knowingly transport or release into the wild, or cause to be transported into or within the state, live wild-appearing swine that do not have documentation approved by the department of agriculture. (e) Notwithstanding § 70-6-101 , any stop, search or arrest pursuant to this section by an officer of the agency shall be predicated upon reasonable suspicion that a violation of this section has occurred. (f) A violation of subsection (d) is a Class A misdemeanor. Each undocumented wild-appearing swine illegally transported or released in violation of subsection (d) is a separate offense. Acts 2012 , ch. 866, § 1.
(a) It is the intent of this section to address the illegal translocation and release of wild-appearing swine. These animals have been shown to be destructive to native habitats, agricultural lands and private property and are carriers for a myriad of diseases that affect humans, livestock and wildlife.
(b) It is not the intent of this section to impede the legal transportation of swine that are regulated by the department of agriculture.
(c) As used in this section, "wild-appearing swine" means swine that are, at maturity, two feet to three feet (2' - 3') tall and three and one half feet to five feet (3 1/2' - 5') long and, at maturity, have the following physical features in comparison to domestic swine: (1) Massive heads with smaller, pointed and heavily-furred ears; (2) Heavier shoulders that slope down to small hips, giving the animal an outline similar to an American bison; (3) Long and thin snouts; (4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making a knifelike edge against the lower tusks; and (5) Straight tails that are tufted at the tip.
(1) Massive heads with smaller, pointed and heavily-furred ears;
(2) Heavier shoulders that slope down to small hips, giving the animal an outline similar to an American bison;
(3) Long and thin snouts;
(4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making a knifelike edge against the lower tusks; and
(5) Straight tails that are tufted at the tip.
(d) It is an offense for any person to knowingly transport or release into the wild, or cause to be transported into or within the state, live wild-appearing swine that do not have documentation approved by the department of agriculture.
(e) Notwithstanding § 70-6-101 , any stop, search or arrest pursuant to this section by an officer of the agency shall be predicated upon reasonable suspicion that a violation of this section has occurred.
(f) A violation of subsection (d) is a Class A misdemeanor. Each undocumented wild-appearing swine illegally transported or released in violation of subsection (d) is a separate offense.
Acts 2012 , ch. 866, § 1.
Tenn. Code Ann. § 70-5-102 — TN Code / Title 70 / Chapter 5 / Section 70-5-102
Acquisition of property - Authority of agency
Status: in_force

(a) The wildlife resources agency is authorized and empowered to acquire by purchase, gift, lease or otherwise, and to hold title to, in the name of the state of Tennessee, lands and waters to be known as the state wildlife preserves, and also is authorized to execute on behalf of the state valid and binding contracts, for the purchase, sale and lease of such wildlife preserves as are deemed for the best interest of the state in establishing a system of state wildlife preserves. (b) The agency is hereby expressly authorized to pay out of the wildlife resources fund the pro rata part of any current real property taxes due and owing on any real property that the commission may acquire by purchase or otherwise for the calendar year in which such property may be acquired. (c) The agency shall not construct or authorize the construction of dikes, dams, levees, or other artificial structures on preserve property in such a way as to cause flooding on adjacent private lands or to restrict natural drainage of private lands through such preserves. Affected landowners may seek injunctive relief to enforce these provisions and prevent harm to their properties. (d) The agency, in acquiring property adjacent to Reelfoot Lake and the state lands surrounding it, may proceed to acquire such lands under title 29, chapter 17, parts 7 and 8, in order to expedite the acquisition of the title to such lands. Acts 1937, ch. 252, § 2; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.13 (Williams, § 5176.6); Acts 1959, ch. 126, § 3; impl. am. Acts 1974, ch. 481, § 9; 1974, ch. 481, § 21; modified; 1975, ch. 213, § 1; T.C.A. (orig. ed.), § 51-602; Acts 1985, ch. 350, § 5.
(a) The wildlife resources agency is authorized and empowered to acquire by purchase, gift, lease or otherwise, and to hold title to, in the name of the state of Tennessee, lands and waters to be known as the state wildlife preserves, and also is authorized to execute on behalf of the state valid and binding contracts, for the purchase, sale and lease of such wildlife preserves as are deemed for the best interest of the state in establishing a system of state wildlife preserves.
(b) The agency is hereby expressly authorized to pay out of the wildlife resources fund the pro rata part of any current real property taxes due and owing on any real property that the commission may acquire by purchase or otherwise for the calendar year in which such property may be acquired.
(c) The agency shall not construct or authorize the construction of dikes, dams, levees, or other artificial structures on preserve property in such a way as to cause flooding on adjacent private lands or to restrict natural drainage of private lands through such preserves. Affected landowners may seek injunctive relief to enforce these provisions and prevent harm to their properties.
(d) The agency, in acquiring property adjacent to Reelfoot Lake and the state lands surrounding it, may proceed to acquire such lands under title 29, chapter 17, parts 7 and 8, in order to expedite the acquisition of the title to such lands.
Acts 1937, ch. 252, § 2; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.13 (Williams, § 5176.6); Acts 1959, ch. 126, § 3; impl. am. Acts 1974, ch. 481, § 9; 1974, ch. 481, § 21; modified; 1975, ch. 213, § 1; T.C.A. (orig. ed.), § 51-602; Acts 1985, ch. 350, § 5.
Tenn. Code Ann. § 70-4-107 — TN Code / Title 70 / Chapter 4 / Section 70-4-107
Hunting and fishing seasons - Bag and creel limits - Nonprotected wildlife
Status: in_force

(a) There is hereby declared a closed season upon all hunting and fishing in this state upon all wildlife protected by the laws of the state. (b) Whenever the supply of game or fish, or both, existing in any area, lake or stream shall become adequate to allow the taking or hunting, or both, of the game or fish without material danger of extinction or undue depletion of such game or fish, then it is lawful for any person to hunt or fish, or both, in the area, lake or stream within the creel, size, and bag limits, and in the manner and by the means prescribed by the fish and wildlife commission. (c) (1) The fact as to whether or not the supply of game or fish, or both, is at any time adequate to allow the taking of game or fish without the danger of extinction or undue depletion shall be determined by the commission, after a complete survey of the area in question. (2) If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth. Upon such announcement by the commission, it is lawful for any person within the area so designated by the commission to take game or fish, or both, of the species mentioned by the commission. (3) The proclamations shall become effective thirty (30) days after filing with the secretary of state. During emergency conditions, seasons may be closed, reopened, or extended summarily. A copy of all proclamations issued by the commission shall be immediately filed with the secretary of state and be made available on the Tennessee wildlife resources agency website. (4) The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both. (d) During any such open season as promulgated by the commission, the provisions of all general game and fish laws shall remain in full force and effect with reference to the method and manner of hunting and fishing and all other restrictions and provisions as to the taking of wild animals and fish as now or hereafter appear in the general game and fish laws. (e) [Deleted by 2023 amendment.] (f) (1) The commission may establish open seasons, bag and creel limits for the taking of game and fish on state lands, including lands leased by the state for wildlife management purposes, and may make any regulations it may deem needful to promote the best interest and enforce these provisions by means of rules and directions. (2) A violation of this subsection (f) is a Class B misdemeanor. (g) The commission has exclusive authority over the taking of game and fish, except to the extent such authority involves the regulation of the alteration of aquatic resources or other matters regulated under title 69, chapter 3. In issuing a proclamation under this part, the commission shall: (1) Consider the recommendations of professional fish and wildlife biologists; and (2) Recognize the lawful taking of game, including, but not limited to, hunting, angling, and trapping, as the preferred method of wildlife management and conservation within this state. Amended by 2024 Tenn. Acts, ch. 626,s 4, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 61, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 186, s 1, eff. 4/24/2023. Acts 1951, ch. 115, §§ 2-4, 27, 53 (Williams, §§ 5178.31-5178.33, 5178.56, 5178.82, 5178.85); Acts 1953, ch. 255, § 4; 1955, ch. 152, § 1; 1974, ch. 481, § 21; 1978, ch. 587, § 2; 1979, ch. 39, § 1; 1982, ch. 738, §§ 13, 14; T.C.A. (orig. ed.), §§ 51-408 -- 51-410, 51-413, 51-414; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2012 , ch. 993, § 13.
(a) There is hereby declared a closed season upon all hunting and fishing in this state upon all wildlife protected by the laws of the state.
(b) Whenever the supply of game or fish, or both, existing in any area, lake or stream shall become adequate to allow the taking or hunting, or both, of the game or fish without material danger of extinction or undue depletion of such game or fish, then it is lawful for any person to hunt or fish, or both, in the area, lake or stream within the creel, size, and bag limits, and in the manner and by the means prescribed by the fish and wildlife commission.
(c) (1) The fact as to whether or not the supply of game or fish, or both, is at any time adequate to allow the taking of game or fish without the danger of extinction or undue depletion shall be determined by the commission, after a complete survey of the area in question. (2) If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth. Upon such announcement by the commission, it is lawful for any person within the area so designated by the commission to take game or fish, or both, of the species mentioned by the commission. (3) The proclamations shall become effective thirty (30) days after filing with the secretary of state. During emergency conditions, seasons may be closed, reopened, or extended summarily. A copy of all proclamations issued by the commission shall be immediately filed with the secretary of state and be made available on the Tennessee wildlife resources agency website. (4) The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both.
(1) The fact as to whether or not the supply of game or fish, or both, is at any time adequate to allow the taking of game or fish without the danger of extinction or undue depletion shall be determined by the commission, after a complete survey of the area in question.
(2) If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth. Upon such announcement by the commission, it is lawful for any person within the area so designated by the commission to take game or fish, or both, of the species mentioned by the commission.
(3) The proclamations shall become effective thirty (30) days after filing with the secretary of state. During emergency conditions, seasons may be closed, reopened, or extended summarily. A copy of all proclamations issued by the commission shall be immediately filed with the secretary of state and be made available on the Tennessee wildlife resources agency website.
(4) The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both.
(d) During any such open season as promulgated by the commission, the provisions of all general game and fish laws shall remain in full force and effect with reference to the method and manner of hunting and fishing and all other restrictions and provisions as to the taking of wild animals and fish as now or hereafter appear in the general game and fish laws.
(e) [Deleted by 2023 amendment.]
(f) (1) The commission may establish open seasons, bag and creel limits for the taking of game and fish on state lands, including lands leased by the state for wildlife management purposes, and may make any regulations it may deem needful to promote the best interest and enforce these provisions by means of rules and directions. (2) A violation of this subsection (f) is a Class B misdemeanor.
(1) The commission may establish open seasons, bag and creel limits for the taking of game and fish on state lands, including lands leased by the state for wildlife management purposes, and may make any regulations it may deem needful to promote the best interest and enforce these provisions by means of rules and directions.
(2) A violation of this subsection (f) is a Class B misdemeanor.
(g) The commission has exclusive authority over the taking of game and fish, except to the extent such authority involves the regulation of the alteration of aquatic resources or other matters regulated under title 69, chapter 3. In issuing a proclamation under this part, the commission shall: (1) Consider the recommendations of professional fish and wildlife biologists; and (2) Recognize the lawful taking of game, including, but not limited to, hunting, angling, and trapping, as the preferred method of wildlife management and conservation within this state.
(1) Consider the recommendations of professional fish and wildlife biologists; and
(2) Recognize the lawful taking of game, including, but not limited to, hunting, angling, and trapping, as the preferred method of wildlife management and conservation within this state.
Amended by 2024 Tenn. Acts, ch. 626,s 4, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 61, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 186, s 1, eff. 4/24/2023.
Acts 1951, ch. 115, §§ 2-4, 27, 53 (Williams, §§ 5178.31-5178.33, 5178.56, 5178.82, 5178.85); Acts 1953, ch. 255, § 4; 1955, ch. 152, § 1; 1974, ch. 481, § 21; 1978, ch. 587, § 2; 1979, ch. 39, § 1; 1982, ch. 738, §§ 13, 14; T.C.A. (orig. ed.), §§ 51-408 -- 51-410, 51-413, 51-414; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-1-102 — TN Code / Title 70 / Chapter 1 / Section 70-1-102
Fees and penalties set by law
Status: in_force

Fees and penalties imposed pursuant to this title shall be established exclusively by law, and nothing in this title shall be construed as authorizing establishment of fees and penalties by rule or regulation. Acts 1978, ch. 587, § 1; T.C.A., § 51-140.
Fees and penalties imposed pursuant to this title shall be established exclusively by law, and nothing in this title shall be construed as authorizing establishment of fees and penalties by rule or regulation.
Acts 1978, ch. 587, § 1; T.C.A., § 51-140.
Tenn. Code Ann. § 70-1-306 — TN Code / Title 70 / Chapter 1 / Section 70-1-306
Purchases and expenditures - Budget - Employment and compensation of personnel
Status: in_force

(a) The expenses incurred by the agency for any purpose or in consequence of this chapter shall be limited to the amount of money in the wildlife resources fund. In no event shall the state pay or be liable, in any manner, for the expenses of the agency, except to the extent of the wildlife resources fund, and the commissioner of finance and administration shall not issue any voucher or warrant for any services or expenses of any kind unless a sufficient amount remains to the credit of the wildlife resources fund. (b) Expenditures from the wildlife resources fund for the purchase of real property shall be made in the name of the state for the use and benefit of the wildlife resources agency and expenditures made for the purchase of personal property shall be made in the name of the wildlife resources agency. Upon disposal by sale of any property, both real and personal, proceeds derived from the sale shall be deposited in the wildlife resources fund. (c) The fish and wildlife commission shall approve the budget, including any amendments to the budget, for the administration of this title for each fiscal year. (d) All funds to the credit of the agency shall be drawn by the executive director of the wildlife resources agency by warrant upon the department of finance and administration and such warrant shall have attached to the warrant or contained in the warrant an itemized statement as to what the warrant covers. (e) All purchases and expenditures are subject to titles 9 and 12. (f) The agency shall not contract any indebtedness or obligations beyond the funds available to its use. (g) The executive director is further granted the power and authority to fix the compensation of all employees under the executive director's jurisdiction, and is authorized to hire and dismiss such personnel as the executive director deems necessary to carry out this title, subject to the approval of the department of human resources. (h) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (i) When conducting sales of timber harvested from agency property, the agency shall comply with all processes followed by the department of agriculture, division of forestry for those sales. Amended by 2022 Tenn. Acts, ch. 798, s 1, eff. 7/1/2022. Acts 1974, ch. 481, §§ 10, 12; 1976, ch. 806, § 1(83); T.C.A., §§ 51-129, 51-131; Acts 2012 , ch. 993, § 13.
(a) The expenses incurred by the agency for any purpose or in consequence of this chapter shall be limited to the amount of money in the wildlife resources fund. In no event shall the state pay or be liable, in any manner, for the expenses of the agency, except to the extent of the wildlife resources fund, and the commissioner of finance and administration shall not issue any voucher or warrant for any services or expenses of any kind unless a sufficient amount remains to the credit of the wildlife resources fund.
(b) Expenditures from the wildlife resources fund for the purchase of real property shall be made in the name of the state for the use and benefit of the wildlife resources agency and expenditures made for the purchase of personal property shall be made in the name of the wildlife resources agency. Upon disposal by sale of any property, both real and personal, proceeds derived from the sale shall be deposited in the wildlife resources fund.
(c) The fish and wildlife commission shall approve the budget, including any amendments to the budget, for the administration of this title for each fiscal year.
(d) All funds to the credit of the agency shall be drawn by the executive director of the wildlife resources agency by warrant upon the department of finance and administration and such warrant shall have attached to the warrant or contained in the warrant an itemized statement as to what the warrant covers.
(e) All purchases and expenditures are subject to titles 9 and 12.
(f) The agency shall not contract any indebtedness or obligations beyond the funds available to its use.
(g) The executive director is further granted the power and authority to fix the compensation of all employees under the executive director's jurisdiction, and is authorized to hire and dismiss such personnel as the executive director deems necessary to carry out this title, subject to the approval of the department of human resources.
(h) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(i) When conducting sales of timber harvested from agency property, the agency shall comply with all processes followed by the department of agriculture, division of forestry for those sales.
Amended by 2022 Tenn. Acts, ch. 798, s 1, eff. 7/1/2022.
Acts 1974, ch. 481, §§ 10, 12; 1976, ch. 806, § 1(83); T.C.A., §§ 51-129, 51-131; Acts 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-4-410 — TN Code / Title 70 / Chapter 4 / Section 70-4-410
Propagation of Class I or Class II wildlife - Permit
Status: in_force

(a) Before any person may engage in the business of propagating or otherwise obtaining Class I or Class II wildlife for sale, barter or trade, whether indigenous to this state or not, such person must obtain and possess a permit for each propagating location. A personal possession permit is not required to be purchased in addition to a propagation permit. (b) Any nonresident who enters the state for the purpose of selling Class I or Class II wildlife species in this state shall also be required to purchase and possess a permit. (c) All permits under this section shall comply with all provisions of the United States Code and the Code of Federal Regulations relating to exotic animals, their care, propagation, importation and sale. (d) Artificially propagated wildlife may be propagated, sold, possessed, released or exported in accordance with the rules and regulations prescribed by the commission and, in the case of migratory birds, the regulations prescribed by the federal government. (e) Only commercial propagators may qualify for a permit to propagate Class I wildlife and may transfer Class I wildlife only to persons or entities approved to possess Class I wildlife. First time commercial propagators shall have one (1) permit year to meet the criteria as defined in § 70-4-402(4) . Renewal of a commercial propagator permit is conditional on the permittee having met the definition of a commercial propagator during the prior permit year. Amended by 2024 Tenn. Acts, ch. 1056,s 2, eff. 7/1/2024. Acts 1991, ch. 487, § 1.
(a) Before any person may engage in the business of propagating or otherwise obtaining Class I or Class II wildlife for sale, barter or trade, whether indigenous to this state or not, such person must obtain and possess a permit for each propagating location. A personal possession permit is not required to be purchased in addition to a propagation permit.
(b) Any nonresident who enters the state for the purpose of selling Class I or Class II wildlife species in this state shall also be required to purchase and possess a permit.
(c) All permits under this section shall comply with all provisions of the United States Code and the Code of Federal Regulations relating to exotic animals, their care, propagation, importation and sale.
(d) Artificially propagated wildlife may be propagated, sold, possessed, released or exported in accordance with the rules and regulations prescribed by the commission and, in the case of migratory birds, the regulations prescribed by the federal government.
(e) Only commercial propagators may qualify for a permit to propagate Class I wildlife and may transfer Class I wildlife only to persons or entities approved to possess Class I wildlife. First time commercial propagators shall have one (1) permit year to meet the criteria as defined in § 70-4-402(4) . Renewal of a commercial propagator permit is conditional on the permittee having met the definition of a commercial propagator during the prior permit year.
Amended by 2024 Tenn. Acts, ch. 1056,s 2, eff. 7/1/2024.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-3-113 — TN Code / Title 70 / Chapter 3 / Section 70-3-113
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 52; C. Supp. 1950, § 5178.61 (Williams, § 5176.53); Acts 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-333.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 52; C. Supp. 1950, § 5178.61 (Williams, § 5176.53); Acts 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-333.
Tenn. Code Ann. § 70-7-205 — TN Code / Title 70 / Chapter 7 / Section 70-7-205
Written waivers, exculpatory agreements and releases
Status: in_force

Nothing in this part modifies, constricts, or prohibits the use of written waivers, exculpatory agreements, or releases, including such waivers, agreements, or releases kept or displayed in electronic format. This part is intended to provide additional limitations of liability for whitewater professionals, whether or not such agreements are used. Amended by 2020 Tenn. Acts, ch. 524, s 1, eff. 3/6/2020. Acts 2012 , ch. 862, § 1.
Nothing in this part modifies, constricts, or prohibits the use of written waivers, exculpatory agreements, or releases, including such waivers, agreements, or releases kept or displayed in electronic format. This part is intended to provide additional limitations of liability for whitewater professionals, whether or not such agreements are used.
Amended by 2020 Tenn. Acts, ch. 524, s 1, eff. 3/6/2020.
Acts 2012 , ch. 862, § 1.
Tenn. Code Ann. § 70-8-301 — TN Code / Title 70 / Chapter 8 / Section 70-8-301
Short title
Status: in_force

This part shall be known and may be cited as "The Rare Plant Protection and Conservation Act of 1985". Acts 1985, ch. 242, § 1; T.C.A., § 11-26-201.
This part shall be known and may be cited as "The Rare Plant Protection and Conservation Act of 1985".
Acts 1985, ch. 242, § 1; T.C.A., § 11-26-201.
Tenn. Code Ann. § 70-3-108 — TN Code / Title 70 / Chapter 3 / Section 70-3-108
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 48; 1937, ch. 252, § 4; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.57 (Williams, §5176.49); impl. am. Acts 1975, ch. 42, § 1; T.C.A. (orig. ed.), § 51-310.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 48; 1937, ch. 252, § 4; impl. am. Acts 1949, ch. 50, § 10; C. Supp. 1950, § 5178.57 (Williams, §5176.49); impl. am. Acts 1975, ch. 42, § 1; T.C.A. (orig. ed.), § 51-310.
Tenn. Code Ann. § 70-3-111 — TN Code / Title 70 / Chapter 3 / Section 70-3-111
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 69; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, § 5178.78 (Williams, § 5176.70); impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-330, 51-331.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 69; impl. am. Acts 1949, ch. 50, §§ 6, 10; C. Supp. 1950, § 5178.78 (Williams, § 5176.70); impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-330, 51-331.
Tenn. Code Ann. § 70-2-304 — TN Code / Title 70 / Chapter 2 / Section 70-2-304
Commercial fishing advisory committee
Status: in_force

To insure that the views of the commercial fishing community are appropriately communicated as well as to assist the wildlife resources agency in developing rules and regulations on commercial fishing, there is created a commercial fishing advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members. Acts 2011, ch. 338, § 1.
To insure that the views of the commercial fishing community are appropriately communicated as well as to assist the wildlife resources agency in developing rules and regulations on commercial fishing, there is created a commercial fishing advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, licensed commercial fishers and roe fishers, dealers, and buyers. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members.
Acts 2011, ch. 338, § 1.
Tenn. Code Ann. § 70-2-222 — TN Code / Title 70 / Chapter 2 / Section 70-2-222
[See the Compiler's Notes.] Freshwater mussels - Purchase - Payment - Penalty
Status: in_force

(a) Any person, firm or corporation that purchases or otherwise obtains freshwater mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources agency the amount equal to $0.0145 per pound of mussel shells or $0.0124 per pound of mussels, shell with meat, purchased or obtained. (b) The payment to the agency shall be calculated from receipts filled out by the buyer for each transaction. A copy of each receipt will be given to the seller and a copy retained by the buyer, and shall be made available by the buyer for inspection by agents of the agency or the office of the comptroller of the treasury for a period of two (2) years. When mussels are sold without first going through a buyer, the method of payment shall be as described in proclamations promulgated by the fish and wildlife commission. For purposes of this section, a "buyer" is any person, firm or corporation that buys or otherwise obtains mussels from mussel harvesters or other mussel buyers, either for use within the state or for exporting from Tennessee. (c) Payments from buyers shall be made monthly, and must be received by the agency no later than the fifteenth day of the following month. (d) Revenue from this section shall be used for mussel management, research, and enforcement. However, no more than twenty-five percent (25%) of the total revenue shall be spent on enforcement. (e) A violation of this section is a Class A misdemeanor. Acts 1991, ch. 522, § 1; 1994, ch. 727, §§ 2-4; 2012 , ch. 993, § 13.
(a) Any person, firm or corporation that purchases or otherwise obtains freshwater mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources agency the amount equal to $0.0145 per pound of mussel shells or $0.0124 per pound of mussels, shell with meat, purchased or obtained.
(b) The payment to the agency shall be calculated from receipts filled out by the buyer for each transaction. A copy of each receipt will be given to the seller and a copy retained by the buyer, and shall be made available by the buyer for inspection by agents of the agency or the office of the comptroller of the treasury for a period of two (2) years. When mussels are sold without first going through a buyer, the method of payment shall be as described in proclamations promulgated by the fish and wildlife commission. For purposes of this section, a "buyer" is any person, firm or corporation that buys or otherwise obtains mussels from mussel harvesters or other mussel buyers, either for use within the state or for exporting from Tennessee.
(c) Payments from buyers shall be made monthly, and must be received by the agency no later than the fifteenth day of the following month.
(d) Revenue from this section shall be used for mussel management, research, and enforcement. However, no more than twenty-five percent (25%) of the total revenue shall be spent on enforcement.
(e) A violation of this section is a Class A misdemeanor.
Acts 1991, ch. 522, § 1; 1994, ch. 727, §§ 2-4; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-5-108 — TN Code / Title 70 / Chapter 5 / Section 70-5-108
Acquisition of game and fish rights on private property - Nature of rights acquired - Penalty for violations
Status: in_force

(a) The executive director is authorized and empowered to acquire by gift, devise, lease, purchase or otherwise the exclusive game and fish rights on any privately owned lands or waters in this state, which game and fish rights shall include the right to manage, administer, protect, stock, and propagate wild birds, wild animals and fish upon these areas, and the right to permit hunting and fishing upon these areas in accordance with rules and regulations proclaimed by the commission. (b) Any violation of such rules and regulations proclaimed by the commission is a Class C misdemeanor. (c) The game and fish rights authorized to be acquired in this section shall be acquired for any period of years that the private owner may agree to by appropriate instruments in writing, signed and acknowledged by the owner or owners of the areas, and the executive director is hereby authorized to have these leases duly recorded in the office of the register of deeds for the county or counties in which the land is located. Acts 1941, ch. 103, §§ 1, 2; C. Supp. 1950, §§5193.4, 5193.5 (Williams, §§ 5193.3, 5193.4); impl. am. Acts 1974, ch. 481, §§ 6, 7, 17; T.C.A. (orig. ed.), §§ 51-613, 51-614; Acts 1989, ch. 591, § 113.
(a) The executive director is authorized and empowered to acquire by gift, devise, lease, purchase or otherwise the exclusive game and fish rights on any privately owned lands or waters in this state, which game and fish rights shall include the right to manage, administer, protect, stock, and propagate wild birds, wild animals and fish upon these areas, and the right to permit hunting and fishing upon these areas in accordance with rules and regulations proclaimed by the commission.
(b) Any violation of such rules and regulations proclaimed by the commission is a Class C misdemeanor.
(c) The game and fish rights authorized to be acquired in this section shall be acquired for any period of years that the private owner may agree to by appropriate instruments in writing, signed and acknowledged by the owner or owners of the areas, and the executive director is hereby authorized to have these leases duly recorded in the office of the register of deeds for the county or counties in which the land is located.
Acts 1941, ch. 103, §§ 1, 2; C. Supp. 1950, §§5193.4, 5193.5 (Williams, §§ 5193.3, 5193.4); impl. am. Acts 1974, ch. 481, §§ 6, 7, 17; T.C.A. (orig. ed.), §§ 51-613, 51-614; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-2-223 — TN Code / Title 70 / Chapter 2 / Section 70-2-223
Mussel industry - Advisory group
Status: in_force

To enhance and protect the state's mussel industry, the governor is authorized to appoint a five-member group of mussel industry representatives to advise the fish and wildlife commission and the various agencies of state government on pertinent matters relating to policy development and enforcement. The terms of such members shall run concurrently with the term of the appointing governor. Acts 1991, ch. 522, § 2; 2012, ch. 993, § 13.
To enhance and protect the state's mussel industry, the governor is authorized to appoint a five-member group of mussel industry representatives to advise the fish and wildlife commission and the various agencies of state government on pertinent matters relating to policy development and enforcement. The terms of such members shall run concurrently with the term of the appointing governor.
Acts 1991, ch. 522, § 2; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-4-104 — TN Code / Title 70 / Chapter 4 / Section 70-4-104
Catching or killing fish - Fishing regulations
Status: in_force

Fish may be taken with rod and reel, by hook and line held in the hand while fishing, or by one (1) or more trotlines not having a combination of more than one hundred (100) hooks, which trotline shall be attended at least once each day. Use or possession of any other instrument for the killing, catching, or taking of fish or other aquatic life is expressly forbidden, except as provided for in this title or as permitted by regulations made under authority granted the fish and wildlife commission under this title. Acts 1951, ch. 115, § 19 (Williams, § 5178.48); Acts 1974, ch. 481, § 21; 1982, ch. 738, § 12; T.C.A. (orig. ed.), § 51-404; Acts 1996, ch. 677, § 1; 2012, ch. 993, § 13.
Fish may be taken with rod and reel, by hook and line held in the hand while fishing, or by one (1) or more trotlines not having a combination of more than one hundred (100) hooks, which trotline shall be attended at least once each day. Use or possession of any other instrument for the killing, catching, or taking of fish or other aquatic life is expressly forbidden, except as provided for in this title or as permitted by regulations made under authority granted the fish and wildlife commission under this title.
Acts 1951, ch. 115, § 19 (Williams, § 5178.48); Acts 1974, ch. 481, § 21; 1982, ch. 738, § 12; T.C.A. (orig. ed.), § 51-404; Acts 1996, ch. 677, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-1-311 — TN Code / Title 70 / Chapter 1 / Section 70-1-311
Qualifications for position of wildlife officer
Status: in_force

For purposes of qualifying for the position of wildlife officer with the wildlife resources agency, at least ten (10) years of full-time work experience in wildlife or fisheries management, wildlife biology, or other related work experience in this state or another state may be credited as equivalent to a bachelor's degree from an accredited college or university in wildlife or fisheries management, wildlife biology, or other related acceptable field. This section shall apply to any person who submitted an application for the position of wildlife officer prior to, or on or after, May 20, 2016. Added by 2016 Tenn. Acts, ch. 1084,s 1, eff. 5/20/2016.
For purposes of qualifying for the position of wildlife officer with the wildlife resources agency, at least ten (10) years of full-time work experience in wildlife or fisheries management, wildlife biology, or other related work experience in this state or another state may be credited as equivalent to a bachelor's degree from an accredited college or university in wildlife or fisheries management, wildlife biology, or other related acceptable field. This section shall apply to any person who submitted an application for the position of wildlife officer prior to, or on or after, May 20, 2016.
Added by 2016 Tenn. Acts, ch. 1084,s 1, eff. 5/20/2016.
Tenn. Code Ann. § 70-9-101 — TN Code / Title 70 / Chapter 9 / Section 70-9-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Off-Highway Vehicle Act". Acts 2004, ch. 622, § 2.
This chapter shall be known and may be cited as the "Tennessee Off-Highway Vehicle Act".
Acts 2004, ch. 622, § 2.
Tenn. Code Ann. § 70-4-411 — TN Code / Title 70 / Chapter 4 / Section 70-4-411
Importation of wildlife - Permits - Papers
Status: in_force

(a) All persons wishing to possess Classes I and II live wildlife obtained outside this state shall have in their possession the importation permit required by this part. The permit and all bills of lading and shipping papers relating to any wildlife that such person may have in such person's possession shall be open and available for inspection at all reasonable times by authorized agency officers and employees for the purpose of ensuring compliance with this part. (b) Animals brought into this state under the authority of an annual importation permit must be reported to the agency within five (5) days of the date of importation. (c) An importation permit is required for all interstate movement of live wildlife except Class III, except no permit is required for zoos and temporary exhibitors. Acts 1991, ch. 487, § 1.
(a) All persons wishing to possess Classes I and II live wildlife obtained outside this state shall have in their possession the importation permit required by this part. The permit and all bills of lading and shipping papers relating to any wildlife that such person may have in such person's possession shall be open and available for inspection at all reasonable times by authorized agency officers and employees for the purpose of ensuring compliance with this part.
(b) Animals brought into this state under the authority of an annual importation permit must be reported to the agency within five (5) days of the date of importation.
(c) An importation permit is required for all interstate movement of live wildlife except Class III, except no permit is required for zoos and temporary exhibitors.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-6-103 — TN Code / Title 70 / Chapter 6 / Section 70-6-103
Penalties for violation of title
Status: in_force

(a) The violation of any of the provisions of § 70-1-206 , § 70-1-302(a) and (b) , § 70-1-304(1), (2) and (4) , § 70-1-305 , § 70-1-306(c)-(h) , § 70-1-307 , § 70-1-308(a) , § 70-2-206 , chapter 3 of this title, § 70-4-105 or § 70-5-103 , is a Class C misdemeanor. (b) The violation of any provisions of this title for which a penalty has not been expressly provided is a Class C misdemeanor, and in case of a corporation, every participating officer or agent, or both, of the corporation shall be guilty and punished as stated in this section. Acts 1937, ch. 84, § 87-B, as added by Acts 1941, ch. 127, § 11; 1943, ch. 76, § 2; mod. C. Supp. 1950, § 5178.106; Acts 1951, ch. 115, § 71 (Williams, §§ 5176.87b, 5178.100); modified; impl. am. Acts 1975, ch. 42, § 1; T.C.A. (orig. ed.), § 51-703; Acts 1989, ch. 591, § 113.
(a) The violation of any of the provisions of § 70-1-206 , § 70-1-302(a) and (b) , § 70-1-304(1), (2) and (4) , § 70-1-305 , § 70-1-306(c)-(h) , § 70-1-307 , § 70-1-308(a) , § 70-2-206 , chapter 3 of this title, § 70-4-105 or § 70-5-103 , is a Class C misdemeanor.
(b) The violation of any provisions of this title for which a penalty has not been expressly provided is a Class C misdemeanor, and in case of a corporation, every participating officer or agent, or both, of the corporation shall be guilty and punished as stated in this section.
Acts 1937, ch. 84, § 87-B, as added by Acts 1941, ch. 127, § 11; 1943, ch. 76, § 2; mod. C. Supp. 1950, § 5178.106; Acts 1951, ch. 115, § 71 (Williams, §§ 5176.87b, 5178.100); modified; impl. am. Acts 1975, ch. 42, § 1; T.C.A. (orig. ed.), § 51-703; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-7-105 — TN Code / Title 70 / Chapter 7 / Section 70-7-105
Waiver of landowner's duty of care
Status: in_force

Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, for such person's use for a consideration may waive, in writing, the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity. Amended by 2015 Tenn. Acts, ch. 53,s 3, eff. 4/6/2015. Acts 1989, ch. 149, § 1; 2010, ch. 968, § 4.
Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, for such person's use for a consideration may waive, in writing, the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.
Amended by 2015 Tenn. Acts, ch. 53,s 3, eff. 4/6/2015.
Acts 1989, ch. 149, § 1; 2010, ch. 968, § 4.
Tenn. Code Ann. § 70-4-126 — TN Code / Title 70 / Chapter 4 / Section 70-4-126
Use of electronic or battery operated device to lure or kill a fox prohibited - Penalty
Status: in_force

(a) No person shall use any electronic or battery operated device for the purpose of luring, killing, or attempting to lure or kill a fox. (b) A person who violates this section commits a Class C misdemeanor. (c) Such prohibition does not apply to rabies control activities of the appropriate public health officials. Acts 1978, ch. 792, § 1; 1982, ch. 738, § 5; T.C.A., § 51-447; Acts 1989, ch. 591, § 113.
(a) No person shall use any electronic or battery operated device for the purpose of luring, killing, or attempting to lure or kill a fox.
(b) A person who violates this section commits a Class C misdemeanor.
(c) Such prohibition does not apply to rabies control activities of the appropriate public health officials.
Acts 1978, ch. 792, § 1; 1982, ch. 738, § 5; T.C.A., § 51-447; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 70-4-125 — TN Code / Title 70 / Chapter 4 / Section 70-4-125
Causing death to wildlife, hunting dog or domestic animal by poisonous substance prohibited
Status: in_force

(a) No person shall deposit, place or cause to be deposited or placed out of doors any poisonous substance or any matter that has been rendered poisonous that causes or is capable of causing death or injury to wildlife, a hunting dog, or a domestic animal. Such prohibition applies only where the substance or matter is placed on the property of another. (b) No person shall knowingly or recklessly place or deposit, or cause to be placed or deposited, on such person's property a poisonous substance or any matter that would be rendered poisonous if consumed by an animal or human being, if such poison or poisonous matter could be reasonably assumed to be accessible by a minor under the age of fifteen (15) years. This subsection (b) shall only apply if the placing or depositing of the poisonous substance is done with the intent of causing death or injury to a hunting dog or a domestic animal. (c) A person who violates this section commits a Class C misdemeanor. (d) Such prohibition does not apply to rabies control activities of the appropriate public health officials. Acts 1978, ch. 792, § 1; T.C.A., § 51-446; Acts 1989, ch. 591, § 113; 1995, ch. 211, § 1.
(a) No person shall deposit, place or cause to be deposited or placed out of doors any poisonous substance or any matter that has been rendered poisonous that causes or is capable of causing death or injury to wildlife, a hunting dog, or a domestic animal. Such prohibition applies only where the substance or matter is placed on the property of another.
(b) No person shall knowingly or recklessly place or deposit, or cause to be placed or deposited, on such person's property a poisonous substance or any matter that would be rendered poisonous if consumed by an animal or human being, if such poison or poisonous matter could be reasonably assumed to be accessible by a minor under the age of fifteen (15) years. This subsection (b) shall only apply if the placing or depositing of the poisonous substance is done with the intent of causing death or injury to a hunting dog or a domestic animal.
(c) A person who violates this section commits a Class C misdemeanor.
(d) Such prohibition does not apply to rabies control activities of the appropriate public health officials.
Acts 1978, ch. 792, § 1; T.C.A., § 51-446; Acts 1989, ch. 591, § 113; 1995, ch. 211, § 1.
Tenn. Code Ann. § 70-1-202 — TN Code / Title 70 / Chapter 1 / Section 70-1-202
Compensation of members - Travel expenses
Status: in_force

(a) The members of the commission shall receive no compensation for their services as members of such commission, except that they shall be paid their actual and necessary traveling expenses for six (6) regular meetings each year and not more than six (6) called meetings during any one (1) year. They shall also be paid their actual and necessary travel expenses for attending to other commission business approved by the chair. (b) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 2012, ch. 993, § 1.
(a) The members of the commission shall receive no compensation for their services as members of such commission, except that they shall be paid their actual and necessary traveling expenses for six (6) regular meetings each year and not more than six (6) called meetings during any one (1) year. They shall also be paid their actual and necessary travel expenses for attending to other commission business approved by the chair.
(b) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 2012, ch. 993, § 1.
Tenn. Code Ann. § 70-4-504 — TN Code / Title 70 / Chapter 4 / Section 70-4-504
Violations
Status: in_force

Any person violating this part commits a Class A misdemeanor. Acts 2005, ch. 96, § 1.
Any person violating this part commits a Class A misdemeanor.
Acts 2005, ch. 96, § 1.
Tenn. Code Ann. § 70-8-304 — TN Code / Title 70 / Chapter 8 / Section 70-8-304
Powers of commissioner
Status: in_force

The commissioner has the power and duty to: (1) Conduct investigations on species of rare plants throughout this state in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants; (2) Adopt and publish, by rule, a listing of those species of plants that are determined to be endangered within the state; (3) Promulgate regulations under which the commissioner shall issue, without charging a fee, annual licenses for the commercial sale or export of any endangered species by nursery farmers; (4) Provide training for nursery inspectors concerning rare plants; (5) Conduct programs to explain the procedures and requirements of this part to nursery farmers and other persons affected by this part; (6) In cooperation with the Tennessee department of agriculture, conduct inspections to check compliance with this part; (7) Maintain a list of threatened species and special concern species; and (8) Enter into agreements with the commissioner of agriculture by which any of the powers and duties listed in this section may be carried out by representatives or employees of the department of agriculture. Acts 1985, ch. 242, § 4; T.C.A., § 11-26-204.
The commissioner has the power and duty to:
(1) Conduct investigations on species of rare plants throughout this state in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants;
(2) Adopt and publish, by rule, a listing of those species of plants that are determined to be endangered within the state;
(3) Promulgate regulations under which the commissioner shall issue, without charging a fee, annual licenses for the commercial sale or export of any endangered species by nursery farmers;
(4) Provide training for nursery inspectors concerning rare plants;
(5) Conduct programs to explain the procedures and requirements of this part to nursery farmers and other persons affected by this part;
(6) In cooperation with the Tennessee department of agriculture, conduct inspections to check compliance with this part;
(7) Maintain a list of threatened species and special concern species; and
(8) Enter into agreements with the commissioner of agriculture by which any of the powers and duties listed in this section may be carried out by representatives or employees of the department of agriculture.
Acts 1985, ch. 242, § 4; T.C.A., § 11-26-204.
Tenn. Code Ann. § 70-8-307 — TN Code / Title 70 / Chapter 8 / Section 70-8-307
Right of access for inspections
Status: in_force

In conducting inspections to check compliance with this part pursuant to § 70-8-304(6) , the commissioner has the right of access to areas where rare plants are growing in the state. Acts 1985, ch. 242, § 7; T.C.A., § 11-26-207.
In conducting inspections to check compliance with this part pursuant to § 70-8-304(6) , the commissioner has the right of access to areas where rare plants are growing in the state.
Acts 1985, ch. 242, § 7; T.C.A., § 11-26-207.
Tenn. Code Ann. § 70-4-501 — TN Code / Title 70 / Chapter 4 / Section 70-4-501
Part definition
Status: in_force

"Computer-assisted remote hunting" means the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife. Acts 2005, ch. 96, § 1.
"Computer-assisted remote hunting" means the use of a computer or any other device, equipment or software, to control remotely the aiming and discharge of a rifle, shotgun, handgun, bow and arrow, cross-bow or any other implement to hunt wildlife.
Acts 2005, ch. 96, § 1.
Tenn. Code Ann. § 70-4-201 — TN Code / Title 70 / Chapter 4 / Section 70-4-201
Possession of or traffic in protected wildlife illegal - Exception - Penalty
Status: in_force

(a) It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any of the wildlife except as provided within this title or in rules and regulations promulgated by the commission. (b) Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with the intent to sell, barter or transfer for any consideration of a wild animal or wild bird, wild fowl or game fish, or part thereof, is a separate offense. (c) Any person hiring another to kill or capture wildlife and receiving the wildlife is deemed to be buying the wildlife and is subject to the penalties of this title. Officers of the wildlife resources agency or persons specially employed or designated by the executive director or by the United States fish and wildlife service may capture, buy, sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the sole purpose of obtaining evidence of violation of this title. The carcass of a lawful possession limit of opossum, raccoon or beaver may be bought, sold or shipped for sale during the open hunting or trapping season. (d) A violation of this section is a Class A misdemeanor; except that any violation of this section involving wildlife valued at five hundred dollars ($500) or more is a Class E felony. Acts 1951, ch. 115, § 62 (Williams, § 5178.91); Acts 1959, ch. 145, § 4; 1973, ch. 174, §§ 2, 3; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1979, ch. 194, § 1; 1981, ch. 197, § 2; 1982, ch. 738, § 26; T.C.A. (orig. ed.), § 51-501; Acts 1984, ch. 552, § 1; 1986, ch. 531, § 2; 1986, ch. 882, §§ 17, 18; 1989, ch. 591, § 113; 1990, ch. 891, § 19; 1990, ch. 981, § 3; 1998, ch. 909, §§ 2, 4.
(a) It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any of the wildlife except as provided within this title or in rules and regulations promulgated by the commission.
(b) Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with the intent to sell, barter or transfer for any consideration of a wild animal or wild bird, wild fowl or game fish, or part thereof, is a separate offense.
(c) Any person hiring another to kill or capture wildlife and receiving the wildlife is deemed to be buying the wildlife and is subject to the penalties of this title. Officers of the wildlife resources agency or persons specially employed or designated by the executive director or by the United States fish and wildlife service may capture, buy, sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the sole purpose of obtaining evidence of violation of this title. The carcass of a lawful possession limit of opossum, raccoon or beaver may be bought, sold or shipped for sale during the open hunting or trapping season.
(d) A violation of this section is a Class A misdemeanor; except that any violation of this section involving wildlife valued at five hundred dollars ($500) or more is a Class E felony.
Acts 1951, ch. 115, § 62 (Williams, § 5178.91); Acts 1959, ch. 145, § 4; 1973, ch. 174, §§ 2, 3; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1979, ch. 194, § 1; 1981, ch. 197, § 2; 1982, ch. 738, § 26; T.C.A. (orig. ed.), § 51-501; Acts 1984, ch. 552, § 1; 1986, ch. 531, § 2; 1986, ch. 882, §§ 17, 18; 1989, ch. 591, § 113; 1990, ch. 891, § 19; 1990, ch. 981, § 3; 1998, ch. 909, §§ 2, 4.
Tenn. Code Ann. § 70-1-303 — TN Code / Title 70 / Chapter 1 / Section 70-1-303
Executive director - Appointment - Qualifications - Salary
Status: in_force

(a) The office of executive director of the wildlife resources agency is hereby created. The executive director shall be appointed by the fish and wildlife commission and shall serve at the pleasure of the commission. In the selection of an executive director, preference should be given to candidates with a bachelor of science degree in wildlife management or a related field and who are familiar with wildlife management practices and the administration of wildlife programs. (b) The salary of the executive director shall be determined by the fish and wildlife commission. The salary of the executive director, once hired, shall not be reduced during that officer's tenure as executive director and shall not exceed the salary received by the commissioner of environment and conservation. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1974, ch. 481, § 6; 1976, ch. 806, § 1(83); 1978, ch. 509, § 1; 1980, ch. 632, § 1; T.C.A., § 51-125; Acts 2012, ch. 993, § 13.
(a) The office of executive director of the wildlife resources agency is hereby created. The executive director shall be appointed by the fish and wildlife commission and shall serve at the pleasure of the commission. In the selection of an executive director, preference should be given to candidates with a bachelor of science degree in wildlife management or a related field and who are familiar with wildlife management practices and the administration of wildlife programs.
(b) The salary of the executive director shall be determined by the fish and wildlife commission. The salary of the executive director, once hired, shall not be reduced during that officer's tenure as executive director and shall not exceed the salary received by the commissioner of environment and conservation. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1974, ch. 481, § 6; 1976, ch. 806, § 1(83); 1978, ch. 509, § 1; 1980, ch. 632, § 1; T.C.A., § 51-125; Acts 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-2-102 — TN Code / Title 70 / Chapter 2 / Section 70-2-102
Licensing requirement - Penalty
Status: in_force

(a) Every person shall, before hunting, fishing, or trapping, as the case may be, in this state, possess a license in accordance with the schedules in this title, except as otherwise provided in this chapter. (b) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 10 (Williams, § 5178.39); modified; Acts 1961, ch. 198, § 1; 1981, ch. 83, § 4; T.C.A. (orig. ed.), § 51-202; Acts 1990, ch. 981, § 5.
(a) Every person shall, before hunting, fishing, or trapping, as the case may be, in this state, possess a license in accordance with the schedules in this title, except as otherwise provided in this chapter.
(b) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 10 (Williams, § 5178.39); modified; Acts 1961, ch. 198, § 1; 1981, ch. 83, § 4; T.C.A. (orig. ed.), § 51-202; Acts 1990, ch. 981, § 5.
Tenn. Code Ann. § 70-1-104 — TN Code / Title 70 / Chapter 1 / Section 70-1-104
Accessory to violation of wildlife laws and regulations punishable as principal
Status: in_force

Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this title or title 69, chapter 9, and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal. Acts 1982, ch. 808, § 1; T.C.A., § 51-143; Acts 2012, ch. 993, § 12.
Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this title or title 69, chapter 9, and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal.
Acts 1982, ch. 808, § 1; T.C.A., § 51-143; Acts 2012, ch. 993, § 12.
Tenn. Code Ann. § 70-7-203 — TN Code / Title 70 / Chapter 7 / Section 70-7-203
When liability of whitewater professional imposed
Status: in_force

Nothing in § 70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional: (1) Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury; (2) Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or (4) Intentionally injures the participant. Acts 2012, ch. 862, § 1.
Nothing in § 70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:
(1) Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;
(2) Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;
(3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or
(4) Intentionally injures the participant.
Acts 2012, ch. 862, § 1.
Tenn. Code Ann. § 70-4-412 — TN Code / Title 70 / Chapter 4 / Section 70-4-412
Release of wildlife
Status: in_force

It is unlawful to release any class of wildlife in Tennessee except in accordance with the rules and regulations promulgated by the commission. Acts 1991, ch. 487, § 1.
It is unlawful to release any class of wildlife in Tennessee except in accordance with the rules and regulations promulgated by the commission.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-3-109 — TN Code / Title 70 / Chapter 3 / Section 70-3-109
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019. Acts 1937, ch. 84, § 50; impl. am. Acts 1949, ch. 50, § 10; mod. C. Supp. 1950, § 5178.59 (Williams, § 5176.51); Acts 1974, ch. 481, §21; T.C.A. (orig. ed.), § 51-311.
Repealed by 2019 Tenn. Acts, ch. 509, s 1, eff. 7/1/2019.
Acts 1937, ch. 84, § 50; impl. am. Acts 1949, ch. 50, § 10; mod. C. Supp. 1950, § 5178.59 (Williams, § 5176.51); Acts 1974, ch. 481, §21; T.C.A. (orig. ed.), § 51-311.
Tenn. Code Ann. § 70-5-106 — TN Code / Title 70 / Chapter 5 / Section 70-5-106
Establishment of fish preserves - Powers of commission - Penalty for violations
Status: in_force

(a) The fish and wildlife commission has the power and authority, in its discretion, to set aside waters within the jurisdiction of the state as fish preserves in which it is unlawful to take, catch or kill fish, or to attempt to do so, except as provided in this section. (b) Upon the establishment of such fish preserves, notices of such establishment shall be inserted once in a newspaper regularly published in each of the counties in which such designated waters are located, or if there be no newspaper published in any such county, the notice of such establishment shall be once inserted in a newspaper published in the county nearest to which such waters are located. (c) The commission has the power and authority to close the waters against fishing of all kinds, and to reopen the same for fishing when it deems the water has been closed a sufficient time for restocking. (d) Notices of the establishment of such fish preserves shall also be posted in conspicuous places surrounding or along the route of the waters designated. (e) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 21 (Williams, § 5178.50); Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-606; Acts 1989, ch. 591, §113; 2012 , ch. 993, § 13.
(a) The fish and wildlife commission has the power and authority, in its discretion, to set aside waters within the jurisdiction of the state as fish preserves in which it is unlawful to take, catch or kill fish, or to attempt to do so, except as provided in this section.
(b) Upon the establishment of such fish preserves, notices of such establishment shall be inserted once in a newspaper regularly published in each of the counties in which such designated waters are located, or if there be no newspaper published in any such county, the notice of such establishment shall be once inserted in a newspaper published in the county nearest to which such waters are located.
(c) The commission has the power and authority to close the waters against fishing of all kinds, and to reopen the same for fishing when it deems the water has been closed a sufficient time for restocking.
(d) Notices of the establishment of such fish preserves shall also be posted in conspicuous places surrounding or along the route of the waters designated.
(e) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 21 (Williams, § 5178.50); Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-606; Acts 1989, ch. 591, §113; 2012 , ch. 993, § 13.