Tenn. Code Ann. § 70-2-301 — TN Code / Title 70 / Chapter 2 / Section 70-2-301
Promotion of commercial fishing
Status: in_force

The fish and wildlife commission is directed to promulgate reasonable rules and regulations necessary to promote commercial fishing activity as an economically viable commercial enterprise in this state. Acts 2011, ch. 338, § 1; 2012, ch. 993, § 13.
The fish and wildlife commission is directed to promulgate reasonable rules and regulations necessary to promote commercial fishing activity as an economically viable commercial enterprise in this state.
Acts 2011, ch. 338, § 1; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-7-201 — TN Code / Title 70 / Chapter 7 / Section 70-7-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Engages in whitewater activity" means whitewater rafting; (2) "Inherent risks of whitewater activities" means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to: (A) Water; (B) Rocks and obstructions; (C) Cold water and weather; and (D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability; (3) "Participant" means any person who engages in a whitewater activity; (4) "Whitewater" means rapidly moving water; (5) "Whitewater activity" means navigation on rapidly moving water in a watercraft; and (6) "Whitewater professional" means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity. Acts 2012, ch. 862, § 1.
As used in this part, unless the context otherwise requires:
(1) "Engages in whitewater activity" means whitewater rafting;
(2) "Inherent risks of whitewater activities" means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to: (A) Water; (B) Rocks and obstructions; (C) Cold water and weather; and (D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
(A) Water;
(B) Rocks and obstructions;
(C) Cold water and weather; and
(D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
(3) "Participant" means any person who engages in a whitewater activity;
(4) "Whitewater" means rapidly moving water;
(5) "Whitewater activity" means navigation on rapidly moving water in a watercraft; and
(6) "Whitewater professional" means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity.
Acts 2012, ch. 862, § 1.
Tenn. Code Ann. § 70-4-207 — TN Code / Title 70 / Chapter 4 / Section 70-4-207
Defacing and destroying notice of commission or agency - Penalty
Status: in_force

(a) It is unlawful for any person to deface, obliterate, tear down or destroy, in whole or in part, or attempt to deface, obliterate, tear down, or destroy any notice, proclamation or sign posted by the fish and wildlife commission or the wildlife resources agency. (b) A violation of this section is a Class C misdemeanor. Acts 1951, ch. 115, § 57 (Williams, § 5178.86); impl. am. Acts 1974, ch. 481, § 21; 1982, ch. 738, § 30; T.C.A. (orig. ed.), § 51-513; Acts 1989, ch. 591, § 113; 2012, ch. 993, § 13.
(a) It is unlawful for any person to deface, obliterate, tear down or destroy, in whole or in part, or attempt to deface, obliterate, tear down, or destroy any notice, proclamation or sign posted by the fish and wildlife commission or the wildlife resources agency.
(b) A violation of this section is a Class C misdemeanor.
Acts 1951, ch. 115, § 57 (Williams, § 5178.86); impl. am. Acts 1974, ch. 481, § 21; 1982, ch. 738, § 30; T.C.A. (orig. ed.), § 51-513; Acts 1989, ch. 591, § 113; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-2-205 — TN Code / Title 70 / Chapter 2 / Section 70-2-205
[See the Compiler's Notes.] Commercial fishing and musseling
Status: in_force

(a) Any person, firm or corporation, before engaging in the business of a commercial fisher or commercial musseler, as defined under subsection (b), shall have in possession the requisite license prescribed in this section. (b) (1) A "commercial fisher" is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1). (2) A "commercial musseler" is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange. (3) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations. (c) [Deleted by 2021 amendment.] (d) A commercial helper's license may be issued without limit as to numbers to any commercial fisher upon paying for each license the appropriate fee required for a commercial fisher. A "commercial helper" is any person who assists a commercial fisher in handling fishing gear, operation of motors or any other act of assistance to the commercial fisher while in the vessel with the commercial fisher. Each commercial fisher must have in personal possession a commercial helper's license for each helper on board the vessel at any time. (e) (1) Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law. (2) In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses. (f) This section does not apply to a resident of Tennessee who is seventy (70) or more years of age, and such person is not required to purchase any license required by this section in order to carry on the businesses enumerated in subsection (b). (g) Nonresidents residing in states that do not permit the sale of nonresident licenses to residents of Tennessee are prohibited from engaging in the business of a "commercial fisher" or "commercial musseler" in Tennessee. Amended by 2021 Tenn. Acts, ch. 270, s 3, eff. 7/1/2021. Acts 1951, ch. 115, § 11; 1953, ch. 26, § 1 (Williams, § 5178.40); Acts 1955, ch. 225, § 1; 1957, ch. 323, § 1; 1957, ch. 382, § 1; 1965, ch. 323, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 241, § 3; 1979, ch. 409, § 1; 1980, ch. 565, § 1; 1982, ch. 738, § 4; T.C.A. (orig. ed.), § 51-211; Acts 1983, ch. 385, § 1; 1989, ch. 486, § 8; 1990, ch. 891, § 8; 1994, ch. 727, § 5; 2000, ch. 905, §§ 1, 2.
(a) Any person, firm or corporation, before engaging in the business of a commercial fisher or commercial musseler, as defined under subsection (b), shall have in possession the requisite license prescribed in this section.
(b) (1) A "commercial fisher" is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1). (2) A "commercial musseler" is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange. (3) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations.
(1) A "commercial fisher" is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1).
(2) A "commercial musseler" is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange.
(3) "Person" includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations.
(c) [Deleted by 2021 amendment.]
(d) A commercial helper's license may be issued without limit as to numbers to any commercial fisher upon paying for each license the appropriate fee required for a commercial fisher. A "commercial helper" is any person who assists a commercial fisher in handling fishing gear, operation of motors or any other act of assistance to the commercial fisher while in the vessel with the commercial fisher. Each commercial fisher must have in personal possession a commercial helper's license for each helper on board the vessel at any time.
(e) (1) Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law. (2) In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses.
(1) Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law.
(2) In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses.
(f) This section does not apply to a resident of Tennessee who is seventy (70) or more years of age, and such person is not required to purchase any license required by this section in order to carry on the businesses enumerated in subsection (b).
(g) Nonresidents residing in states that do not permit the sale of nonresident licenses to residents of Tennessee are prohibited from engaging in the business of a "commercial fisher" or "commercial musseler" in Tennessee.
Amended by 2021 Tenn. Acts, ch. 270, s 3, eff. 7/1/2021.
Acts 1951, ch. 115, § 11; 1953, ch. 26, § 1 (Williams, § 5178.40); Acts 1955, ch. 225, § 1; 1957, ch. 323, § 1; 1957, ch. 382, § 1; 1965, ch. 323, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 241, § 3; 1979, ch. 409, § 1; 1980, ch. 565, § 1; 1982, ch. 738, § 4; T.C.A. (orig. ed.), § 51-211; Acts 1983, ch. 385, § 1; 1989, ch. 486, § 8; 1990, ch. 891, § 8; 1994, ch. 727, § 5; 2000, ch. 905, §§ 1, 2.
Tenn. Code Ann. § 70-2-215 — TN Code / Title 70 / Chapter 2 / Section 70-2-215
[See the Compiler's Notes.] Taxidermist permits - Report of work - Penalty for violation
Status: in_force

(a) Any person, before engaging in the practice of taxidermy, which includes the stuffing, mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire, must first obtain a permit to do so from the executive director. (b) [Deleted by 2021 amendment.] (c) Each person obtaining such a permit shall conduct such practice of taxidermy in accordance with rules and regulations promulgated by the commission. Failure to make a report pursuant to the rules and regulations shall bar the person concerned from receiving a renewal of the person's permit or a new permit to engage in taxidermy. (d) Any person violating this section commits a Class C misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Amended by 2021 Tenn. Acts, ch. 270, s 6, eff. 7/1/2021. Acts 1951, ch. 115, § 67 (Williams, § 5178.96); 1961, ch. 198, § 1; 1969, ch. 245, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 241, § 5; T.C.A. (orig. ed.), § 51-226; Acts 1989, ch. 486, § 12.
(a) Any person, before engaging in the practice of taxidermy, which includes the stuffing, mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire, must first obtain a permit to do so from the executive director.
(b) [Deleted by 2021 amendment.]
(c) Each person obtaining such a permit shall conduct such practice of taxidermy in accordance with rules and regulations promulgated by the commission. Failure to make a report pursuant to the rules and regulations shall bar the person concerned from receiving a renewal of the person's permit or a new permit to engage in taxidermy.
(d) Any person violating this section commits a Class C misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
Amended by 2021 Tenn. Acts, ch. 270, s 6, eff. 7/1/2021.
Acts 1951, ch. 115, § 67 (Williams, § 5178.96); 1961, ch. 198, § 1; 1969, ch. 245, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 241, § 5; T.C.A. (orig. ed.), § 51-226; Acts 1989, ch. 486, § 12.
Tenn. Code Ann. § 70-4-103 — TN Code / Title 70 / Chapter 4 / Section 70-4-103
Fox hunting - Training of hunting dogs - Penalty
Status: in_force

(a) (1) Foxes may be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species. (2) Notwithstanding any private act to the contrary, the commission shall have the authority to regulate the taking or killing of foxes in this state. (3) Any person who hunts and kills a fox in a manner other than as permitted by this subsection (a) commits a Class C misdemeanor. (b) Fox hounds, rabbit dogs and bird dogs may be trained the entire year, except during such periods as may be fixed by the commission for the protection of the species, but any person accompanying the dogs or training them shall not possess any firearm, bow and arrow, or any other such device, except during the regular open season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. Amended by 2023 Tenn. Acts, ch. 218, s 1, eff. 7/1/2023. Amended by 2015 Tenn. Acts, ch. 235, s 1, eff. 4/21/2015. Acts 1951, ch. 115, § 31; 1953, ch. 145, § 1; impl. am. Acts 1953, ch. 198 (Williams, § 5178.60); Acts 1957, ch. 382, § 2; 1974, ch. 481, § 21; 1978, ch. 792, § 2; T.C.A. (orig. ed.), § 51-403; Acts 1985, ch. 331, § 1; 1989, ch. 591, § 113; 2012 , ch. 993, § 13.
(a) (1) Foxes may be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species. (2) Notwithstanding any private act to the contrary, the commission shall have the authority to regulate the taking or killing of foxes in this state. (3) Any person who hunts and kills a fox in a manner other than as permitted by this subsection (a) commits a Class C misdemeanor.
(1) Foxes may be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species.
(2) Notwithstanding any private act to the contrary, the commission shall have the authority to regulate the taking or killing of foxes in this state.
(3) Any person who hunts and kills a fox in a manner other than as permitted by this subsection (a) commits a Class C misdemeanor.
(b) Fox hounds, rabbit dogs and bird dogs may be trained the entire year, except during such periods as may be fixed by the commission for the protection of the species, but any person accompanying the dogs or training them shall not possess any firearm, bow and arrow, or any other such device, except during the regular open season; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game.
Amended by 2023 Tenn. Acts, ch. 218, s 1, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 235, s 1, eff. 4/21/2015.
Acts 1951, ch. 115, § 31; 1953, ch. 145, § 1; impl. am. Acts 1953, ch. 198 (Williams, § 5178.60); Acts 1957, ch. 382, § 2; 1974, ch. 481, § 21; 1978, ch. 792, § 2; T.C.A. (orig. ed.), § 51-403; Acts 1985, ch. 331, § 1; 1989, ch. 591, § 113; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-4-112 — TN Code / Title 70 / Chapter 4 / Section 70-4-112
Hunting and chasing raccoons regulated - Training season - Violations - Penalties
Status: in_force

(a) (1) It is lawful for any person to chase raccoons with dogs at any season of the year, but no raccoon shall be killed or taken except during open season for killing or taking of raccoons, as may be prescribed by the fish and wildlife commission or other body possessing the power to regulate open and closed seasons for game. No person chasing raccoons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed as set forth in this subdivision (a)(1); except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. (2) (A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state. (B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122 , any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws. (b) Any person violating this section commits a Class C misdemeanor, and, in addition to the penalties prescribed by § 40-35-111 for Class C misdemeanors, is prohibited from hunting, chasing, or trapping for a period of not less than one (1) year. Amended by 2023 Tenn. Acts, ch. 218, s 7, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 218, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 218, s 2, eff. 7/1/2023. Acts 1953, ch. 198, § 1 (Williams, § 5178.70a); modified; Acts 1965, ch. 318, § 1; Private Acts of 1967, ch. 25, § 1; Acts 1973, ch. 174, §§ 1, 3; 1974, ch. 411, § 1; 1974, ch. 481, § 21; 1980, ch. 555, § 1; T.C.A. (orig. ed.), § 51-420; Acts 1983, ch. 465, §§ 1, 2; 1984, ch. 564, § 1; 1989, ch. 591, § 113; 2012 , ch. 644, § 1; 2012 , ch. 993, § 13.
(a) (1) It is lawful for any person to chase raccoons with dogs at any season of the year, but no raccoon shall be killed or taken except during open season for killing or taking of raccoons, as may be prescribed by the fish and wildlife commission or other body possessing the power to regulate open and closed seasons for game. No person chasing raccoons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed as set forth in this subdivision (a)(1); except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. (2) (A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state. (B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122 , any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws.
(1) It is lawful for any person to chase raccoons with dogs at any season of the year, but no raccoon shall be killed or taken except during open season for killing or taking of raccoons, as may be prescribed by the fish and wildlife commission or other body possessing the power to regulate open and closed seasons for game. No person chasing raccoons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed as set forth in this subdivision (a)(1); except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle.
(2) (A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state. (B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122 , any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws.
(A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106 , so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state.
(B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122 , any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws.
(b) Any person violating this section commits a Class C misdemeanor, and, in addition to the penalties prescribed by § 40-35-111 for Class C misdemeanors, is prohibited from hunting, chasing, or trapping for a period of not less than one (1) year.
Amended by 2023 Tenn. Acts, ch. 218, s 7, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 218, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 218, s 2, eff. 7/1/2023.
Acts 1953, ch. 198, § 1 (Williams, § 5178.70a); modified; Acts 1965, ch. 318, § 1; Private Acts of 1967, ch. 25, § 1; Acts 1973, ch. 174, §§ 1, 3; 1974, ch. 411, § 1; 1974, ch. 481, § 21; 1980, ch. 555, § 1; T.C.A. (orig. ed.), § 51-420; Acts 1983, ch. 465, §§ 1, 2; 1984, ch. 564, § 1; 1989, ch. 591, § 113; 2012 , ch. 644, § 1; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-8-309 — TN Code / Title 70 / Chapter 8 / Section 70-8-309
Violations
Status: in_force

(a) It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb for any purpose, any endangered species. This subsection (a) does not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government. (b) It is a violation of this part for any nursery farmer to export from this state or to sell any endangered species without first obtaining a license from the commissioner as provided in § 70-8-304(3) . The license shall allow any nursery farmer to purchase a maximum of ten (10) plants of any endangered species in each calendar year without being in violation of this part. Acts 1985, ch. 242, § 9; T.C.A., § 11-26-209.
(a) It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb for any purpose, any endangered species. This subsection (a) does not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
(b) It is a violation of this part for any nursery farmer to export from this state or to sell any endangered species without first obtaining a license from the commissioner as provided in § 70-8-304(3) . The license shall allow any nursery farmer to purchase a maximum of ten (10) plants of any endangered species in each calendar year without being in violation of this part.
Acts 1985, ch. 242, § 9; T.C.A., § 11-26-209.
Tenn. Code Ann. § 70-1-206 — TN Code / Title 70 / Chapter 1 / Section 70-1-206
Duties and functions
Status: in_force

(a) The fish and wildlife commission is directed and authorized to perform the following duties and functions: (1) Appoint and dismiss the executive director; (2) Approve the budget pursuant to § 70-1-306 ; (3) Promulgate necessary rules, regulations, and proclamations as required under this title and title 69, chapter 9. The commission is also authorized to promulgate rules and regulations to permit a licensed trapper to release small game animals in counties contiguous to the counties where the animals were trapped; (4) Establish objectives within the state policy that will enable the wildlife resources agency to develop, manage, and maintain sound programs of hunting, angling, trapping, and other wildlife-related outdoor recreational activities that have the primary purpose of utilizing such activities as the preferred method of wildlife management and conservation of game species within this state; (5) Establish the salary of the executive director of the wildlife resources agency; (6) Promulgate rules and regulations for the administration of the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1; and (7) Promulgate rules and regulations to adjust fees for licenses and permits in this title and to establish new hunting, fishing and trapping licenses and permits as deemed appropriate along with necessary fees. Adjusting or establishing fees shall be in such amounts as may be necessary to administer the wildlife laws; provided, that the percentage increase in total revenue from a license package containing one (1) or more licenses or permits, or both, shall not exceed the percent of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, on the first day of March 1990, or, in the case of any permit, license or permit/license package fee adjustment after the initial adjustment under this subdivision (a)(7), the difference in the average consumer price index, all items-city average between the dates of one (1) adjustment and any subsequent adjustment; provided further, however, that individual fee adjustment amounts may be rounded up to the next dollar amount. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the agency's programs and responsibilities authorized pursuant to this chapter. Further, the commission shall report actions taken on permits, licenses, and fees to be assessed following the promulgation of the proposed rules and regulations to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives. (b) The fish and wildlife commission shall become knowledgeable in and familiar with the special needs of handicapped and disabled veterans. Amended by 2024 Tenn. Acts, ch. 626,s 2, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 236, s 7, eff. 4/19/2013. Acts 2012 , ch. 993, § 1.
(a) The fish and wildlife commission is directed and authorized to perform the following duties and functions: (1) Appoint and dismiss the executive director; (2) Approve the budget pursuant to § 70-1-306 ; (3) Promulgate necessary rules, regulations, and proclamations as required under this title and title 69, chapter 9. The commission is also authorized to promulgate rules and regulations to permit a licensed trapper to release small game animals in counties contiguous to the counties where the animals were trapped; (4) Establish objectives within the state policy that will enable the wildlife resources agency to develop, manage, and maintain sound programs of hunting, angling, trapping, and other wildlife-related outdoor recreational activities that have the primary purpose of utilizing such activities as the preferred method of wildlife management and conservation of game species within this state; (5) Establish the salary of the executive director of the wildlife resources agency; (6) Promulgate rules and regulations for the administration of the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1; and (7) Promulgate rules and regulations to adjust fees for licenses and permits in this title and to establish new hunting, fishing and trapping licenses and permits as deemed appropriate along with necessary fees. Adjusting or establishing fees shall be in such amounts as may be necessary to administer the wildlife laws; provided, that the percentage increase in total revenue from a license package containing one (1) or more licenses or permits, or both, shall not exceed the percent of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, on the first day of March 1990, or, in the case of any permit, license or permit/license package fee adjustment after the initial adjustment under this subdivision (a)(7), the difference in the average consumer price index, all items-city average between the dates of one (1) adjustment and any subsequent adjustment; provided further, however, that individual fee adjustment amounts may be rounded up to the next dollar amount. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the agency's programs and responsibilities authorized pursuant to this chapter. Further, the commission shall report actions taken on permits, licenses, and fees to be assessed following the promulgation of the proposed rules and regulations to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives.
(1) Appoint and dismiss the executive director;
(2) Approve the budget pursuant to § 70-1-306 ;
(3) Promulgate necessary rules, regulations, and proclamations as required under this title and title 69, chapter 9. The commission is also authorized to promulgate rules and regulations to permit a licensed trapper to release small game animals in counties contiguous to the counties where the animals were trapped;
(4) Establish objectives within the state policy that will enable the wildlife resources agency to develop, manage, and maintain sound programs of hunting, angling, trapping, and other wildlife-related outdoor recreational activities that have the primary purpose of utilizing such activities as the preferred method of wildlife management and conservation of game species within this state;
(5) Establish the salary of the executive director of the wildlife resources agency;
(6) Promulgate rules and regulations for the administration of the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1; and
(7) Promulgate rules and regulations to adjust fees for licenses and permits in this title and to establish new hunting, fishing and trapping licenses and permits as deemed appropriate along with necessary fees. Adjusting or establishing fees shall be in such amounts as may be necessary to administer the wildlife laws; provided, that the percentage increase in total revenue from a license package containing one (1) or more licenses or permits, or both, shall not exceed the percent of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, on the first day of March 1990, or, in the case of any permit, license or permit/license package fee adjustment after the initial adjustment under this subdivision (a)(7), the difference in the average consumer price index, all items-city average between the dates of one (1) adjustment and any subsequent adjustment; provided further, however, that individual fee adjustment amounts may be rounded up to the next dollar amount. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the agency's programs and responsibilities authorized pursuant to this chapter. Further, the commission shall report actions taken on permits, licenses, and fees to be assessed following the promulgation of the proposed rules and regulations to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives.
(b) The fish and wildlife commission shall become knowledgeable in and familiar with the special needs of handicapped and disabled veterans.
Amended by 2024 Tenn. Acts, ch. 626,s 2, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 236, s 7, eff. 4/19/2013.
Acts 2012 , ch. 993, § 1.
Tenn. Code Ann. § 70-4-409 — TN Code / Title 70 / Chapter 4 / Section 70-4-409
Inspections
Status: in_force

(a) Any person possessing live wildlife in Class I or Class II shall, during normal business hours and at all reasonable times, and without the necessity of a search warrant, allow the executive director or any officer or employee of the agency to inspect all animals, facilities and records relating to such animals for the purpose of ensuring compliance with this part. (b) (1) Notwithstanding subsection (a) to the contrary, in Roane County the executive director or any officer or employee of the agency may be accompanied on such inspections of animals, facilities and records relating to such animals by the county mayor or the county mayor's designee from the office of the county sheriff or the county office of emergency management. (2) The commission is authorized to promulgate rules and regulations to effectuate the purposes of subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1991, ch. 487, § 1; 2011, ch. 339, §§ 1, 2; 2003, ch. 90, § 2.
(a) Any person possessing live wildlife in Class I or Class II shall, during normal business hours and at all reasonable times, and without the necessity of a search warrant, allow the executive director or any officer or employee of the agency to inspect all animals, facilities and records relating to such animals for the purpose of ensuring compliance with this part.
(b) (1) Notwithstanding subsection (a) to the contrary, in Roane County the executive director or any officer or employee of the agency may be accompanied on such inspections of animals, facilities and records relating to such animals by the county mayor or the county mayor's designee from the office of the county sheriff or the county office of emergency management. (2) The commission is authorized to promulgate rules and regulations to effectuate the purposes of subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Notwithstanding subsection (a) to the contrary, in Roane County the executive director or any officer or employee of the agency may be accompanied on such inspections of animals, facilities and records relating to such animals by the county mayor or the county mayor's designee from the office of the county sheriff or the county office of emergency management.
(2) The commission is authorized to promulgate rules and regulations to effectuate the purposes of subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1991, ch. 487, § 1; 2011, ch. 339, §§ 1, 2; 2003, ch. 90, § 2.
Tenn. Code Ann. § 70-5-101 — TN Code / Title 70 / Chapter 5 / Section 70-5-101
Establishment of hunting areas, refuges, and wildlife management areas - Prohibited acts
Status: in_force

(a) The wildlife resources agency has the power and authority to establish, with the consent of the property owner, public hunting areas, refuges, or wildlife management areas, wherever it deems necessary or feasible for the protection, propagation and management of wildlife, or any of these. (b) (1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any wildlife within such areas or to trespass on such areas, except as provided by proclamation or rule or regulation. Such areas shall be posted in conspicuous places. The executive director is authorized to issue permits for the destruction of predatory wildlife within such areas. (2) A violation of subdivision (b)(1) is a Class C misdemeanor. (c) Notwithstanding subsection (b), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area or wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (c) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations. (d) Nothing in this section shall authorize a person with a hand gun carry permit to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law. (e) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations. (f) (1) Subject to existing rights, lands managed by the wildlife resources agency shall be open to access and use for recreational hunting and fishing, except as limited by the agency for reasons of public safety, homeland security, or as otherwise limited by law. (2) For the purposes of this subsection (f), lands managed by the agency include lands owned by the agency, as well as lands owned by other public entities for which the agency regulates hunting and fishing. (3) The agency shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting and fishing opportunities to the extent authorized by law. (4) The agency is not required to give preference to hunting and fishing over other uses or priorities established by state law. (5) Agency decisions and actions shall not result in any net loss of any acreage available for hunting and fishing opportunities. (6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate a written report containing: (A) The estimated acreage managed by the agency that has been closed to recreational hunting and fishing during the previous fiscal year and the reasons for the closures; (B) The estimated acreage managed by the agency that was opened to recreational hunting and fishing to compensate for the estimated acreage that was closed during the previous fiscal year; and (C) The estimated acreage of new public hunting and fishing lands added to the existing hunting and fishing lands base since the previous report. (7) When lands owned by the agency are closed to hunting or fishing, the agency shall mitigate the closure by opening new lands to be used for the same purpose, within twelve (12) months of closure. The managed lands to be opened shall be at least equal to the acreage of lands closed by the agency and shall be located in the same grand division of the state in which the closed lands are located. The agency shall not be responsible for mitigation of land closures when lands not owned by the agency are removed from the agency's control or closed to hunting and fishing by the owning entity. (8) The agency is exempt from this subsection (c) when closing or utilizing acreages of public hunting and fishing lands for the following purposes: (A) Firearm and archery shooting ranges; (B) Road development and maintenance; (C) Service buildings; (D) Administrative buildings; (E) Creation of agency lakes; (F) Agency project-related parking; (G) Establishment of wildlife refuges; and (H) Development and maintenance of a proposed or existing greenway connecting Davidson, Wilson and Rutherford counties on land that is owned by the Nashville district of the United States army corps of engineers. (9) This subsection (f) shall have no effect on the agency's authority or ability to regulate hunting and fishing, including its ability to set season times and lengths, and bag limits. Amended by 2013 Tenn. Acts, ch. 236, s 11, eff. 4/19/2013. Acts 1951, ch. 115, § 56; 1953, ch. 255, § 4 (Williams, § 5178.85); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, §21; 1982, ch. 738, § 32; T.C.A. (orig. ed.), § 51-601; Acts 1989, ch. 591, § 113; 1990, ch. 891, §21; 2007 , ch. 87, §§1, 2; 2009 , ch. 606, §2; 2012 , ch. 604, § 23.
(a) The wildlife resources agency has the power and authority to establish, with the consent of the property owner, public hunting areas, refuges, or wildlife management areas, wherever it deems necessary or feasible for the protection, propagation and management of wildlife, or any of these.
(b) (1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any wildlife within such areas or to trespass on such areas, except as provided by proclamation or rule or regulation. Such areas shall be posted in conspicuous places. The executive director is authorized to issue permits for the destruction of predatory wildlife within such areas. (2) A violation of subdivision (b)(1) is a Class C misdemeanor.
(1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any wildlife within such areas or to trespass on such areas, except as provided by proclamation or rule or regulation. Such areas shall be posted in conspicuous places. The executive director is authorized to issue permits for the destruction of predatory wildlife within such areas.
(2) A violation of subdivision (b)(1) is a Class C misdemeanor.
(c) Notwithstanding subsection (b), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area or wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (c) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.
(d) Nothing in this section shall authorize a person with a hand gun carry permit to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law.
(e) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations.
(f) (1) Subject to existing rights, lands managed by the wildlife resources agency shall be open to access and use for recreational hunting and fishing, except as limited by the agency for reasons of public safety, homeland security, or as otherwise limited by law. (2) For the purposes of this subsection (f), lands managed by the agency include lands owned by the agency, as well as lands owned by other public entities for which the agency regulates hunting and fishing. (3) The agency shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting and fishing opportunities to the extent authorized by law. (4) The agency is not required to give preference to hunting and fishing over other uses or priorities established by state law. (5) Agency decisions and actions shall not result in any net loss of any acreage available for hunting and fishing opportunities. (6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate a written report containing: (A) The estimated acreage managed by the agency that has been closed to recreational hunting and fishing during the previous fiscal year and the reasons for the closures; (B) The estimated acreage managed by the agency that was opened to recreational hunting and fishing to compensate for the estimated acreage that was closed during the previous fiscal year; and (C) The estimated acreage of new public hunting and fishing lands added to the existing hunting and fishing lands base since the previous report. (7) When lands owned by the agency are closed to hunting or fishing, the agency shall mitigate the closure by opening new lands to be used for the same purpose, within twelve (12) months of closure. The managed lands to be opened shall be at least equal to the acreage of lands closed by the agency and shall be located in the same grand division of the state in which the closed lands are located. The agency shall not be responsible for mitigation of land closures when lands not owned by the agency are removed from the agency's control or closed to hunting and fishing by the owning entity. (8) The agency is exempt from this subsection (c) when closing or utilizing acreages of public hunting and fishing lands for the following purposes: (A) Firearm and archery shooting ranges; (B) Road development and maintenance; (C) Service buildings; (D) Administrative buildings; (E) Creation of agency lakes; (F) Agency project-related parking; (G) Establishment of wildlife refuges; and (H) Development and maintenance of a proposed or existing greenway connecting Davidson, Wilson and Rutherford counties on land that is owned by the Nashville district of the United States army corps of engineers. (9) This subsection (f) shall have no effect on the agency's authority or ability to regulate hunting and fishing, including its ability to set season times and lengths, and bag limits.
(1) Subject to existing rights, lands managed by the wildlife resources agency shall be open to access and use for recreational hunting and fishing, except as limited by the agency for reasons of public safety, homeland security, or as otherwise limited by law.
(2) For the purposes of this subsection (f), lands managed by the agency include lands owned by the agency, as well as lands owned by other public entities for which the agency regulates hunting and fishing.
(3) The agency shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting and fishing opportunities to the extent authorized by law.
(4) The agency is not required to give preference to hunting and fishing over other uses or priorities established by state law.
(5) Agency decisions and actions shall not result in any net loss of any acreage available for hunting and fishing opportunities.
(6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate a written report containing: (A) The estimated acreage managed by the agency that has been closed to recreational hunting and fishing during the previous fiscal year and the reasons for the closures; (B) The estimated acreage managed by the agency that was opened to recreational hunting and fishing to compensate for the estimated acreage that was closed during the previous fiscal year; and (C) The estimated acreage of new public hunting and fishing lands added to the existing hunting and fishing lands base since the previous report.
(A) The estimated acreage managed by the agency that has been closed to recreational hunting and fishing during the previous fiscal year and the reasons for the closures;
(B) The estimated acreage managed by the agency that was opened to recreational hunting and fishing to compensate for the estimated acreage that was closed during the previous fiscal year; and
(C) The estimated acreage of new public hunting and fishing lands added to the existing hunting and fishing lands base since the previous report.
(7) When lands owned by the agency are closed to hunting or fishing, the agency shall mitigate the closure by opening new lands to be used for the same purpose, within twelve (12) months of closure. The managed lands to be opened shall be at least equal to the acreage of lands closed by the agency and shall be located in the same grand division of the state in which the closed lands are located. The agency shall not be responsible for mitigation of land closures when lands not owned by the agency are removed from the agency's control or closed to hunting and fishing by the owning entity.
(8) The agency is exempt from this subsection (c) when closing or utilizing acreages of public hunting and fishing lands for the following purposes: (A) Firearm and archery shooting ranges; (B) Road development and maintenance; (C) Service buildings; (D) Administrative buildings; (E) Creation of agency lakes; (F) Agency project-related parking; (G) Establishment of wildlife refuges; and (H) Development and maintenance of a proposed or existing greenway connecting Davidson, Wilson and Rutherford counties on land that is owned by the Nashville district of the United States army corps of engineers.
(A) Firearm and archery shooting ranges;
(B) Road development and maintenance;
(C) Service buildings;
(D) Administrative buildings;
(E) Creation of agency lakes;
(F) Agency project-related parking;
(G) Establishment of wildlife refuges; and
(H) Development and maintenance of a proposed or existing greenway connecting Davidson, Wilson and Rutherford counties on land that is owned by the Nashville district of the United States army corps of engineers.
(9) This subsection (f) shall have no effect on the agency's authority or ability to regulate hunting and fishing, including its ability to set season times and lengths, and bag limits.
Amended by 2013 Tenn. Acts, ch. 236, s 11, eff. 4/19/2013.
Acts 1951, ch. 115, § 56; 1953, ch. 255, § 4 (Williams, § 5178.85); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, §21; 1982, ch. 738, § 32; T.C.A. (orig. ed.), § 51-601; Acts 1989, ch. 591, § 113; 1990, ch. 891, §21; 2007 , ch. 87, §§1, 2; 2009 , ch. 606, §2; 2012 , ch. 604, § 23.
Tenn. Code Ann. § 70-1-502 — TN Code / Title 70 / Chapter 1 / Section 70-1-502
Irrevocable trust - Trustees - Powers of trustees
Status: in_force

(a) The lifetime sportsman endowment fund is an irrevocable trust for the exclusive benefit of lifetime sportsman license holders, as prescribed in a trust instrument approved by the trustees, to be administered by the state treasurer. The attorney general and reporter shall approve the terms of the trust instrument. (b) (1) The trustees of the trust are: (A) The commissioner of finance and administration or the commissioner's designee; (B) The state treasurer or the treasurer's designee; and (C) The executive director of the wildlife resources agency or the executive director's designee. (2) The state treasurer, or the treasurer's designee, shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees. (c) In addition to the powers granted by this part, the trustees have the powers necessary or convenient to carry out this part and the purposes and objectives of the trust, including, but not limited to, the following express powers: (1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 70-1-504(a) ; (2) To contract for the provision of all or any part of the services necessary for the management and operation of the trust; (3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; and (4) To prepare financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports must be prepared in accordance with the accounting standards of the governmental accounting standards board. Amended by 2022 Tenn. Acts, ch. 874, s 2, eff. 4/14/2022. Acts 1998, ch. 610, § 2.
(a) The lifetime sportsman endowment fund is an irrevocable trust for the exclusive benefit of lifetime sportsman license holders, as prescribed in a trust instrument approved by the trustees, to be administered by the state treasurer. The attorney general and reporter shall approve the terms of the trust instrument.
(b) (1) The trustees of the trust are: (A) The commissioner of finance and administration or the commissioner's designee; (B) The state treasurer or the treasurer's designee; and (C) The executive director of the wildlife resources agency or the executive director's designee. (2) The state treasurer, or the treasurer's designee, shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
(1) The trustees of the trust are: (A) The commissioner of finance and administration or the commissioner's designee; (B) The state treasurer or the treasurer's designee; and (C) The executive director of the wildlife resources agency or the executive director's designee.
(A) The commissioner of finance and administration or the commissioner's designee;
(B) The state treasurer or the treasurer's designee; and
(C) The executive director of the wildlife resources agency or the executive director's designee.
(2) The state treasurer, or the treasurer's designee, shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees.
(c) In addition to the powers granted by this part, the trustees have the powers necessary or convenient to carry out this part and the purposes and objectives of the trust, including, but not limited to, the following express powers: (1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 70-1-504(a) ; (2) To contract for the provision of all or any part of the services necessary for the management and operation of the trust; (3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; and (4) To prepare financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports must be prepared in accordance with the accounting standards of the governmental accounting standards board.
(1) To invest any funds of the trust in any instrument, obligation, security, or property that constitutes legal investments, as provided in the investment policy adopted pursuant to § 70-1-504(a) ;
(2) To contract for the provision of all or any part of the services necessary for the management and operation of the trust;
(3) To contract with financial consultants, auditors, and other consultants as necessary to carry out its responsibilities under this part; and
(4) To prepare financial reports, including financial statements, following the close of each fiscal year relative to the activities of the trust. The statements and reports must be prepared in accordance with the accounting standards of the governmental accounting standards board.
Amended by 2022 Tenn. Acts, ch. 874, s 2, eff. 4/14/2022.
Acts 1998, ch. 610, § 2.
Tenn. Code Ann. § 70-8-203 — TN Code / Title 70 / Chapter 8 / Section 70-8-203
Dates of harvest season
Status: in_force

The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year. Acts 1985, ch. 177, § 3; T.C.A., § 11-26-103; Acts 2012, ch. 591, § 1.
The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year.
Acts 1985, ch. 177, § 3; T.C.A., § 11-26-103; Acts 2012, ch. 591, § 1.
Tenn. Code Ann. § 70-4-134 — TN Code / Title 70 / Chapter 4 / Section 70-4-134
Availability of self-defense to person charged with taking, attempting to take, or harming wild animal
Status: in_force

(a) As used in this section: (1) "Enter" means the intrusion of any part of the body of a wild animal into the interior space of a structure; (2) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and (3) "Wild animal" means all wild vertebrates, mollusks, crustaceans, and fish presently occurring within the state. (b) A person who is charged with taking, attempting to take, or harming a wild animal in violation of this title may assert the defense of self-defense if the wild animal taken, attempted to be taken, or harmed acted in a manner that caused: (1) The person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury; (2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and (3) The belief of danger to be founded upon reasonable grounds. (c) (1) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency. (B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency. (2) A violation of subdivision (c)(1) is a Class C misdemeanor. (d) The defense of self-defense shall not be available to a person who takes, attempts to take, or harms a wild animal if the person: (1) Has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or (2) Recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual. (e) (1) Notwithstanding this section to the contrary, and unless otherwise prohibited by federal law, a person who resides on property that adjoins the Great Smoky Mountains National Park may take, attempt to take, or harm a bear that enters onto the person's property if the bear acted in a manner that caused: (A) The person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury; (B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and (C) The belief of danger to be founded upon reasonable grounds. (2) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency. (B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency. Amended by 2023 Tenn. Acts, ch. 248, s 1, eff. 4/25/2023. Added by 2015 Tenn. Acts, ch. 173, s 1, eff. 7/1/2015.
(a) As used in this section: (1) "Enter" means the intrusion of any part of the body of a wild animal into the interior space of a structure; (2) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and (3) "Wild animal" means all wild vertebrates, mollusks, crustaceans, and fish presently occurring within the state.
(1) "Enter" means the intrusion of any part of the body of a wild animal into the interior space of a structure;
(2) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and
(A) A substantial risk of death;
(B) Protracted unconsciousness;
(C) Extreme physical pain;
(D) Protracted or obvious disfigurement; or
(E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and
(3) "Wild animal" means all wild vertebrates, mollusks, crustaceans, and fish presently occurring within the state.
(b) A person who is charged with taking, attempting to take, or harming a wild animal in violation of this title may assert the defense of self-defense if the wild animal taken, attempted to be taken, or harmed acted in a manner that caused: (1) The person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury; (2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and (3) The belief of danger to be founded upon reasonable grounds.
(1) The person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury;
(2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
(3) The belief of danger to be founded upon reasonable grounds.
(c) (1) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency. (B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency. (2) A violation of subdivision (c)(1) is a Class C misdemeanor.
(1) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency. (B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
(A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency.
(B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
(2) A violation of subdivision (c)(1) is a Class C misdemeanor.
(d) The defense of self-defense shall not be available to a person who takes, attempts to take, or harms a wild animal if the person: (1) Has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or (2) Recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual.
(1) Has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or
(2) Recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual.
(e) (1) Notwithstanding this section to the contrary, and unless otherwise prohibited by federal law, a person who resides on property that adjoins the Great Smoky Mountains National Park may take, attempt to take, or harm a bear that enters onto the person's property if the bear acted in a manner that caused: (A) The person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury; (B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and (C) The belief of danger to be founded upon reasonable grounds. (2) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency. (B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
(1) Notwithstanding this section to the contrary, and unless otherwise prohibited by federal law, a person who resides on property that adjoins the Great Smoky Mountains National Park may take, attempt to take, or harm a bear that enters onto the person's property if the bear acted in a manner that caused: (A) The person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury; (B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and (C) The belief of danger to be founded upon reasonable grounds.
(A) The person to have a reasonable belief that the bear's action placed the person in imminent danger of death or serious bodily injury;
(B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
(C) The belief of danger to be founded upon reasonable grounds.
(2) (A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency. (B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
(A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency.
(B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
Amended by 2023 Tenn. Acts, ch. 248, s 1, eff. 4/25/2023.
Added by 2015 Tenn. Acts, ch. 173, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 70-2-101 — TN Code / Title 70 / Chapter 2 / Section 70-2-101
Taking wildlife without license - Migratory waterfowl stamps - Licenses nontransferable - Revocation or suspension - Penalties
Status: in_force

(a) It is unlawful for any person in this state to hunt, chase, trap, kill or take any form of wildlife in the open season, unless the person so hunting, chasing, trapping, killing or taking, or attempting to take, such wild animals, wild birds, wild fowl, or fish at the time possesses the requisite license prescribed by this chapter, such license, of proper color and design, to be on the person of the licensee while hunting, chasing, trapping or fishing. (b) A valid federal migratory waterfowl stamp must be possessed while hunting migratory waterfowl by any person over sixteen (16) years of age, which stamp shall be cancelled in ink by the signature of the hunting licensee. (c) No license or permit, required and issued under this chapter, may be loaned or transferred to any other person, firm or corporation. (d) (1) (A) Upon conviction for any offense against this title, any rule or regulation promulgated pursuant to this title, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted. (B) Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record. (2) Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one (1) year to be fixed by the court. (e) Any violation of this section is a Class C misdemeanor and punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Any person who violates the revocation order of the court may be fined not less than twenty-five dollars ($25.00) and may be confined in the county jail or workhouse not less than ten (10) days nor more than eleven (11) months and twenty-nine (29) days, it being mandatory upon the court to impose the prison sentence, and the minimum time may not be subject to suspension. Acts 1951, ch. 115, §§ 12, 16; 1953, ch. 255, § 2 (Williams, §§ 5178.41, 5178.45); Acts 1955, ch. 152, § 6; 1974, ch. 481, § 21; 1980, ch. 736, §§ 1, 2; T.C.A. (orig. ed.), § 51-201; Acts 1987, ch. 24, § 1; 1990, ch. 891, § 6; 2012, ch. 993, § 13.
(a) It is unlawful for any person in this state to hunt, chase, trap, kill or take any form of wildlife in the open season, unless the person so hunting, chasing, trapping, killing or taking, or attempting to take, such wild animals, wild birds, wild fowl, or fish at the time possesses the requisite license prescribed by this chapter, such license, of proper color and design, to be on the person of the licensee while hunting, chasing, trapping or fishing.
(b) A valid federal migratory waterfowl stamp must be possessed while hunting migratory waterfowl by any person over sixteen (16) years of age, which stamp shall be cancelled in ink by the signature of the hunting licensee.
(c) No license or permit, required and issued under this chapter, may be loaned or transferred to any other person, firm or corporation.
(d) (1) (A) Upon conviction for any offense against this title, any rule or regulation promulgated pursuant to this title, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted. (B) Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record. (2) Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one (1) year to be fixed by the court.
(1) (A) Upon conviction for any offense against this title, any rule or regulation promulgated pursuant to this title, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted. (B) Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
(A) Upon conviction for any offense against this title, any rule or regulation promulgated pursuant to this title, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted.
(B) Any license so revoked shall be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record.
(2) Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one (1) year to be fixed by the court.
(e) Any violation of this section is a Class C misdemeanor and punishable by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Any person who violates the revocation order of the court may be fined not less than twenty-five dollars ($25.00) and may be confined in the county jail or workhouse not less than ten (10) days nor more than eleven (11) months and twenty-nine (29) days, it being mandatory upon the court to impose the prison sentence, and the minimum time may not be subject to suspension.
Acts 1951, ch. 115, §§ 12, 16; 1953, ch. 255, § 2 (Williams, §§ 5178.41, 5178.45); Acts 1955, ch. 152, § 6; 1974, ch. 481, § 21; 1980, ch. 736, §§ 1, 2; T.C.A. (orig. ed.), § 51-201; Acts 1987, ch. 24, § 1; 1990, ch. 891, § 6; 2012, ch. 993, § 13.
Tenn. Code Ann. § 70-5-111 — TN Code / Title 70 / Chapter 5 / Section 70-5-111
Federal wildlife refuges within state - Federal aid for wildlife and fish restoration and management projects
Status: in_force

(a) (1) For the purpose of more effectively cooperating with the United States, the governor and the executive director concurring, in the acquisition, development and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States, to acquire by purchase, condemnation, gift, lease or exchange, lands and waters within this state that the secretary of the interior may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act ( 16 U.S.C. § 703 et seq.), and the Migratory Bird Conservation Act ( 16 U.S.C. § 715 et seq.); provided, that the jurisdiction of the state, both civil and criminal, over persons upon areas acquired and privately owned property on areas acquired shall not be affected or changed by reason of the acquisition and administration of such areas by the United States, as migratory waterfowl and other wildlife reservations, except so far as the punishment for offenses against the United States is concerned; and provided further, that nothing in this section is intended to interfere with the operation of the game laws of this state, applying to migratory game birds, insofar as such game laws do not permit what is forbidden by federal law. (2) The state of Tennessee reserves the right to tax persons and corporations, their franchise and property on land or lands deeded or conveyed pursuant to subdivision (a)(1) and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privileges, trade or business conducted on such lands and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on such lands as a result of its improvements within the state. (b) The state of Tennessee assents to the act of congress entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes," approved September 2, 1937, Public Law 415, 75th Congress; ch. 899, 50 Stat. 917 ( 16 U.S.C. § 669 et seq.), and the agency is authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in that act of congress, in compliance with that act and rules and regulations promulgated by the secretary of the interior under that act. (c) The state of Tennessee assents to the provision of the act of congress entitled: "An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes", approved August 9, 1950, Public Law 681, 81st Congress; ch. 685, 64 Stat. 430 ( 16 U.S.C. § 777 et seq.), and the agency is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries, restoration, management, developmental and research projects, as defined in that act of congress in compliance with that act and rules and regulations promulgated by the secretary of interior under that act. No funds accruing to the state of Tennessee from license fees paid by fishers shall be diverted for any purposes other than the administration of the game and fish conservation purposes of the agency. Acts 1937, ch. 73, § (a); Acts 1939, ch. 163, § 1; mod. C. Supp. 1950, §§ 5193.1 -- 5193.3; modified; Acts 1951, ch. 101, § 1 (Williams, § 5201.13); T.C.A. (orig. ed.), §§51-609 -- 51-612; Acts 1984, ch. 844, §§ 1-3.
(a) (1) For the purpose of more effectively cooperating with the United States, the governor and the executive director concurring, in the acquisition, development and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States, to acquire by purchase, condemnation, gift, lease or exchange, lands and waters within this state that the secretary of the interior may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act ( 16 U.S.C. § 703 et seq.), and the Migratory Bird Conservation Act ( 16 U.S.C. § 715 et seq.); provided, that the jurisdiction of the state, both civil and criminal, over persons upon areas acquired and privately owned property on areas acquired shall not be affected or changed by reason of the acquisition and administration of such areas by the United States, as migratory waterfowl and other wildlife reservations, except so far as the punishment for offenses against the United States is concerned; and provided further, that nothing in this section is intended to interfere with the operation of the game laws of this state, applying to migratory game birds, insofar as such game laws do not permit what is forbidden by federal law. (2) The state of Tennessee reserves the right to tax persons and corporations, their franchise and property on land or lands deeded or conveyed pursuant to subdivision (a)(1) and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privileges, trade or business conducted on such lands and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on such lands as a result of its improvements within the state.
(1) For the purpose of more effectively cooperating with the United States, the governor and the executive director concurring, in the acquisition, development and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States, to acquire by purchase, condemnation, gift, lease or exchange, lands and waters within this state that the secretary of the interior may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act ( 16 U.S.C. § 703 et seq.), and the Migratory Bird Conservation Act ( 16 U.S.C. § 715 et seq.); provided, that the jurisdiction of the state, both civil and criminal, over persons upon areas acquired and privately owned property on areas acquired shall not be affected or changed by reason of the acquisition and administration of such areas by the United States, as migratory waterfowl and other wildlife reservations, except so far as the punishment for offenses against the United States is concerned; and provided further, that nothing in this section is intended to interfere with the operation of the game laws of this state, applying to migratory game birds, insofar as such game laws do not permit what is forbidden by federal law.
(2) The state of Tennessee reserves the right to tax persons and corporations, their franchise and property on land or lands deeded or conveyed pursuant to subdivision (a)(1) and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privileges, trade or business conducted on such lands and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on such lands as a result of its improvements within the state.
(b) The state of Tennessee assents to the act of congress entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes," approved September 2, 1937, Public Law 415, 75th Congress; ch. 899, 50 Stat. 917 ( 16 U.S.C. § 669 et seq.), and the agency is authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in that act of congress, in compliance with that act and rules and regulations promulgated by the secretary of the interior under that act.
(c) The state of Tennessee assents to the provision of the act of congress entitled: "An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes", approved August 9, 1950, Public Law 681, 81st Congress; ch. 685, 64 Stat. 430 ( 16 U.S.C. § 777 et seq.), and the agency is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries, restoration, management, developmental and research projects, as defined in that act of congress in compliance with that act and rules and regulations promulgated by the secretary of interior under that act. No funds accruing to the state of Tennessee from license fees paid by fishers shall be diverted for any purposes other than the administration of the game and fish conservation purposes of the agency.
Acts 1937, ch. 73, § (a); Acts 1939, ch. 163, § 1; mod. C. Supp. 1950, §§ 5193.1 -- 5193.3; modified; Acts 1951, ch. 101, § 1 (Williams, § 5201.13); T.C.A. (orig. ed.), §§51-609 -- 51-612; Acts 1984, ch. 844, §§ 1-3.
Tenn. Code Ann. § 70-4-402 — TN Code / Title 70 / Chapter 4 / Section 70-4-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agency" means the Tennessee wildlife resources agency; (2) "Cage" means the primary enclosure in which an animal is held; (3) "Circus" means a public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals, but does not include wrestling bears or any type of show in which there is direct contact between the public and a Class I animal, except as otherwise provided for in this part; (4) "Commercial propagator" means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located; (5) "Commission" means the Tennessee fish and wildlife commission; (6) "Mobile facility" means a facility designed for the transporting of animals or for the holding of animals on a temporary basis; (7) "Native wildlife" means those species presently occurring in the wild in Tennessee and those extirpated species that could reasonably be expected to survive in the wild if reintroduced; (8) "Perimeter fence" means a secondary fence that prevents the public from touching the cage in which the animal is held; (9) "Permanent exhibitors" means those exhibits that are housed the entire year in facilities located within this state; (10) "Personal possession permit" means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers; (11) "Poisonous" means any toxic substance secreted from the skin of an animal and that causes injury or death when absorbed or ingested; (12) "Stationary facility" means the primary holding facility, including cage and barriers that remain in a fixed location; (13) "Temporary exhibitors" means those transient animal acts not permanently located within the boundaries of this state; and (14) "Venomous" means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death. Amended by 2024 Tenn. Acts, ch. 636,s 2, eff. 7/1/2024. Acts 1991, ch. 487, § 1; 2012 , ch. 993, § 13.
As used in this part, unless the context otherwise requires:
(1) "Agency" means the Tennessee wildlife resources agency;
(2) "Cage" means the primary enclosure in which an animal is held;
(3) "Circus" means a public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals, but does not include wrestling bears or any type of show in which there is direct contact between the public and a Class I animal, except as otherwise provided for in this part;
(4) "Commercial propagator" means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located;
(5) "Commission" means the Tennessee fish and wildlife commission;
(6) "Mobile facility" means a facility designed for the transporting of animals or for the holding of animals on a temporary basis;
(7) "Native wildlife" means those species presently occurring in the wild in Tennessee and those extirpated species that could reasonably be expected to survive in the wild if reintroduced;
(8) "Perimeter fence" means a secondary fence that prevents the public from touching the cage in which the animal is held;
(9) "Permanent exhibitors" means those exhibits that are housed the entire year in facilities located within this state;
(10) "Personal possession permit" means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers;
(11) "Poisonous" means any toxic substance secreted from the skin of an animal and that causes injury or death when absorbed or ingested;
(12) "Stationary facility" means the primary holding facility, including cage and barriers that remain in a fixed location;
(13) "Temporary exhibitors" means those transient animal acts not permanently located within the boundaries of this state; and
(14) "Venomous" means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death.
Amended by 2024 Tenn. Acts, ch. 636,s 2, eff. 7/1/2024.
Acts 1991, ch. 487, § 1; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-4-405 — TN Code / Title 70 / Chapter 4 / Section 70-4-405
Housing and transportation of wildlife - Requirements
Status: in_force

(a) Wildlife housed in dangerously unsafe conditions constituting a threat to human safety shall, at the direction of agency personnel, be placed in agency approved facilities at the owner's expense. (b) Any condition that results in wildlife escaping from its enclosure, cage, leash or other constraint shall be considered maintaining wildlife in an unsafe manner and shall be a violation of this part. (c) Cages shall be sufficiently strong to prevent escape and to protect the caged animal from injury. (d) No person shall maintain any wildlife in captivity in any unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of such wildlife, nor shall any species of wildlife be confined in any cage or enclosure that does not meet the cage specifications. (e) Enclosure in which wildlife is held in captivity shall be maintained as follows: (1) Water. Drinking water shall be provided daily in clean containers. Swimming or wading pools shall be cleaned as needed to ensure good water quality. Enclosures shall provide adequate drainage of surface water; (2) Food. Food provided shall be unspoiled and not contaminated; and (3) Waste. Fecal and food waste shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked every three (3) days and the waste removed. (f) The commission may promulgate rules and regulations requiring specific cage requirements for any species of live wildlife. (g) Stationary facilities - Class I wildlife. (1) All stationary facilities must be surrounded by a perimeter fence, or secondary barrier, of at least eight feet (8') in height and a minimum of four feet (4') from the cage holding the animal, or such other fencing, building or other protection of the enclosure where the animal is kept sufficient to prevent unauthorized public entry or direct physical contact between the animal and the public. (2) All cages shall be well braced and securely fastened to the floor or in the ground and shall utilize metal clamps or braces of equivalent strength as that prescribed for cage construction. (3) All cage entrances shall have double safety doors, one (1) of which only opens to the inside. These doors must remain locked at all times when unattended with chains and locks of sufficient strength to prevent the animal from breaking open the door if highly excited. (4) All cages shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two (2) compartments may be used. (5) All outdoor cages shall provide adequate shelter from inclement weather conditions, shade from the sun and provide for the protection and health of the wildlife held. (6) The mesh size or distance between bars shall be sufficiently small to prevent the escape of the animal being held. (7) Restraint by tethering cannot be used as a means to hold an inherently dangerous animal in captivity, except for elephants within a perimeter fence or trained elephants under the immediate supervision of a qualified trainer or handler. (8) All animals shall be kept in cages that meet the following minimum criteria, or shall be housed in buildings in which the strength of the walls, and the restraints affixed to all windows, doors and other means of entry or exit in effect meet such minimum criteria: (A) Felidae and Ursidae. (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage; (ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent; (B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (111/2) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle; (C) Elephants, rhinoceros, hippopotamus and African buffalo. (i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength; (ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage; (D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed; (E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2") galvanized pipe, reinforced masonry block or their strength equivalent; (F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and (G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5') in height of not less than eleven and one-half (111/2) gauge chain link or equivalent. (9) A facility that meets the requirements to be a zoological institution may use methods approved by the American Association of Zoological Parks and Aquariums for the purposes of restraint, containment and the prevention of escape and public contact for Class I animals, instead of the requirements listed in the preceding subdivisions. (h) Mobile facilities. No mobile facility shall be used in transporting any wildlife except as follows: (1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals; (2) The animal traveling area shall be free of engine exhaust fumes; (3) Animal cages shall have openings for the emergency removal of wildlife; (4) Cages shall be large enough to ensure that each specimen has sufficient room to stand erect and lie naturally; (5) Wildlife transported in the same cage area shall be in compatible groups; (6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be constructed of steel or case hardened aluminum of sufficient strength to prevent the escape of wildlife being transported. Such facilities shall be constructed in such a manner to prevent contact between the animal or animals and the general public. All doors shall be locked when the facility is in use; (7) Poisonous reptiles, including venomous snakes, shall only be transported in a strong, closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which shall be screened. Boxes containing poisonous reptiles, including venomous snakes, shall be locked and prominently labeled "Danger - Venomous Snakes" or "Danger - Poisonous Reptiles," and shall include the owner's name, address, telephone number, and list of number and species being transported; (8) Temporary exhibits shall be housed in cages that meet the minimum cage specifications as provided in the section on stationary facilities when such wildlife is present in any geographical location for more than ten (10) days; and (9) Prior to entering this state, temporary exhibitors shall submit a schedule that details the exact locations and dates of shows and places where such wildlife will be exhibited while in the state. Failure to provide such a schedule upon application for a permit shall be grounds to deny issuance of such permit. Amended by 2024 Tenn. Acts, ch. 636,s 4, eff. 7/1/2024. Acts 1991, ch. 487, § 1; 1993, ch. 287, § 1.
(a) Wildlife housed in dangerously unsafe conditions constituting a threat to human safety shall, at the direction of agency personnel, be placed in agency approved facilities at the owner's expense.
(b) Any condition that results in wildlife escaping from its enclosure, cage, leash or other constraint shall be considered maintaining wildlife in an unsafe manner and shall be a violation of this part.
(c) Cages shall be sufficiently strong to prevent escape and to protect the caged animal from injury.
(d) No person shall maintain any wildlife in captivity in any unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of such wildlife, nor shall any species of wildlife be confined in any cage or enclosure that does not meet the cage specifications.
(e) Enclosure in which wildlife is held in captivity shall be maintained as follows: (1) Water. Drinking water shall be provided daily in clean containers. Swimming or wading pools shall be cleaned as needed to ensure good water quality. Enclosures shall provide adequate drainage of surface water; (2) Food. Food provided shall be unspoiled and not contaminated; and (3) Waste. Fecal and food waste shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked every three (3) days and the waste removed.
(1) Water. Drinking water shall be provided daily in clean containers. Swimming or wading pools shall be cleaned as needed to ensure good water quality. Enclosures shall provide adequate drainage of surface water;
(2) Food. Food provided shall be unspoiled and not contaminated; and
(3) Waste. Fecal and food waste shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked every three (3) days and the waste removed.
(f) The commission may promulgate rules and regulations requiring specific cage requirements for any species of live wildlife.
(g) Stationary facilities - Class I wildlife. (1) All stationary facilities must be surrounded by a perimeter fence, or secondary barrier, of at least eight feet (8') in height and a minimum of four feet (4') from the cage holding the animal, or such other fencing, building or other protection of the enclosure where the animal is kept sufficient to prevent unauthorized public entry or direct physical contact between the animal and the public. (2) All cages shall be well braced and securely fastened to the floor or in the ground and shall utilize metal clamps or braces of equivalent strength as that prescribed for cage construction. (3) All cage entrances shall have double safety doors, one (1) of which only opens to the inside. These doors must remain locked at all times when unattended with chains and locks of sufficient strength to prevent the animal from breaking open the door if highly excited. (4) All cages shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two (2) compartments may be used. (5) All outdoor cages shall provide adequate shelter from inclement weather conditions, shade from the sun and provide for the protection and health of the wildlife held. (6) The mesh size or distance between bars shall be sufficiently small to prevent the escape of the animal being held. (7) Restraint by tethering cannot be used as a means to hold an inherently dangerous animal in captivity, except for elephants within a perimeter fence or trained elephants under the immediate supervision of a qualified trainer or handler. (8) All animals shall be kept in cages that meet the following minimum criteria, or shall be housed in buildings in which the strength of the walls, and the restraints affixed to all windows, doors and other means of entry or exit in effect meet such minimum criteria: (A) Felidae and Ursidae. (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage; (ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent; (B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (111/2) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle; (C) Elephants, rhinoceros, hippopotamus and African buffalo. (i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength; (ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage; (D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed; (E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2") galvanized pipe, reinforced masonry block or their strength equivalent; (F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and (G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5') in height of not less than eleven and one-half (111/2) gauge chain link or equivalent. (9) A facility that meets the requirements to be a zoological institution may use methods approved by the American Association of Zoological Parks and Aquariums for the purposes of restraint, containment and the prevention of escape and public contact for Class I animals, instead of the requirements listed in the preceding subdivisions.
(1) All stationary facilities must be surrounded by a perimeter fence, or secondary barrier, of at least eight feet (8') in height and a minimum of four feet (4') from the cage holding the animal, or such other fencing, building or other protection of the enclosure where the animal is kept sufficient to prevent unauthorized public entry or direct physical contact between the animal and the public.
(2) All cages shall be well braced and securely fastened to the floor or in the ground and shall utilize metal clamps or braces of equivalent strength as that prescribed for cage construction.
(3) All cage entrances shall have double safety doors, one (1) of which only opens to the inside. These doors must remain locked at all times when unattended with chains and locks of sufficient strength to prevent the animal from breaking open the door if highly excited.
(4) All cages shall be constructed with a den, nest box or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a door between the two (2) compartments may be used.
(5) All outdoor cages shall provide adequate shelter from inclement weather conditions, shade from the sun and provide for the protection and health of the wildlife held.
(6) The mesh size or distance between bars shall be sufficiently small to prevent the escape of the animal being held.
(7) Restraint by tethering cannot be used as a means to hold an inherently dangerous animal in captivity, except for elephants within a perimeter fence or trained elephants under the immediate supervision of a qualified trainer or handler.
(8) All animals shall be kept in cages that meet the following minimum criteria, or shall be housed in buildings in which the strength of the walls, and the restraints affixed to all windows, doors and other means of entry or exit in effect meet such minimum criteria: (A) Felidae and Ursidae. (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage; (ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent; (B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (111/2) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle; (C) Elephants, rhinoceros, hippopotamus and African buffalo. (i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength; (ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage; (D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed; (E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2") galvanized pipe, reinforced masonry block or their strength equivalent; (F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and (G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5') in height of not less than eleven and one-half (111/2) gauge chain link or equivalent.
(A) Felidae and Ursidae. (i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage; (ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent;
(i) All cages shall be constructed of and covered at the top with nine (9) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals, except tigers, leopards and jaguars, may be held in facilities without a top where the sides of the cages are a minimum of eleven feet (11') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle. No structures that could provide potential escape routes may be present near the fence of an open top cage;
(ii) All cages for cougars and cheetahs shall be constructed as specified in subdivision (g)(8)(A)(i) except that minimum strength shall be of eleven and one-half (11½) gauge steel chain link or equivalent;
(B) Canidae. All cages shall be constructed of and be covered at the top with eleven and one-half (111/2) gauge steel chain link or equivalent, with tension bars and metal clamps to prevent the escape of the animal; provided, that animals may be held in facilities without a top where the sides of the cage are a minimum of nine feet (9') high with the top three feet (3') of fencing turned in at a forty-five degree (45°) angle;
(C) Elephants, rhinoceros, hippopotamus and African buffalo. (i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength; (ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage;
(i) Construction materials shall consist of steel bars, masonry block or equivalent. If masonry block construction is used, the holes in the blocks must be filled with steel reinforced concrete to provide sufficient strength;
(ii) Restraints consisting of a barrier system of moats or other structures as are commonly accepted as suitable to restrain and contain these animals in paddocks or corrals may be used in lieu of a cage;
(D) Poisonous animals. Poisonous animals shall be kept in a cage or in a glass enclosure sufficiently strong, and, in the case of a cage, of small enough mesh to prevent the animals' escape. The cage or glass enclosure must be kept inside an outer cage, or glass enclosures must be kept locked at all times. No person except the permittee or such person's authorized employee shall open any cage or other container that contains poisonous animals. Persons keeping poisonous animals shall have in their possession antivenin for each species possessed;
(E) Chimpanzees, gorillas, orangutans. Cage construction materials shall consist of steel bars, two inch (2") galvanized pipe, reinforced masonry block or their strength equivalent;
(F) Drills, mandrills, baboons, Gelada baboons, gibbons, siamangs. Cage construction materials shall consist of not less than nine (9) gauge steel chain link or equivalent; and
(G) Alligators and crocodiles. Cages shall consist of fencing at least five feet (5') in height of not less than eleven and one-half (111/2) gauge chain link or equivalent.
(9) A facility that meets the requirements to be a zoological institution may use methods approved by the American Association of Zoological Parks and Aquariums for the purposes of restraint, containment and the prevention of escape and public contact for Class I animals, instead of the requirements listed in the preceding subdivisions.
(h) Mobile facilities. No mobile facility shall be used in transporting any wildlife except as follows: (1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals; (2) The animal traveling area shall be free of engine exhaust fumes; (3) Animal cages shall have openings for the emergency removal of wildlife; (4) Cages shall be large enough to ensure that each specimen has sufficient room to stand erect and lie naturally; (5) Wildlife transported in the same cage area shall be in compatible groups; (6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be constructed of steel or case hardened aluminum of sufficient strength to prevent the escape of wildlife being transported. Such facilities shall be constructed in such a manner to prevent contact between the animal or animals and the general public. All doors shall be locked when the facility is in use; (7) Poisonous reptiles, including venomous snakes, shall only be transported in a strong, closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which shall be screened. Boxes containing poisonous reptiles, including venomous snakes, shall be locked and prominently labeled "Danger - Venomous Snakes" or "Danger - Poisonous Reptiles," and shall include the owner's name, address, telephone number, and list of number and species being transported; (8) Temporary exhibits shall be housed in cages that meet the minimum cage specifications as provided in the section on stationary facilities when such wildlife is present in any geographical location for more than ten (10) days; and (9) Prior to entering this state, temporary exhibitors shall submit a schedule that details the exact locations and dates of shows and places where such wildlife will be exhibited while in the state. Failure to provide such a schedule upon application for a permit shall be grounds to deny issuance of such permit.
(1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements to all animals;
(2) The animal traveling area shall be free of engine exhaust fumes;
(3) Animal cages shall have openings for the emergency removal of wildlife;
(4) Cages shall be large enough to ensure that each specimen has sufficient room to stand erect and lie naturally;
(5) Wildlife transported in the same cage area shall be in compatible groups;
(6) Facilities used in transporting or temporarily exhibiting Class I wildlife shall be constructed of steel or case hardened aluminum of sufficient strength to prevent the escape of wildlife being transported. Such facilities shall be constructed in such a manner to prevent contact between the animal or animals and the general public. All doors shall be locked when the facility is in use;
(7) Poisonous reptiles, including venomous snakes, shall only be transported in a strong, closely woven cloth sack, tied or otherwise secured. This sack shall then be placed in a box. The box shall be of strong material in solid sheets, except for small air holes, which shall be screened. Boxes containing poisonous reptiles, including venomous snakes, shall be locked and prominently labeled "Danger - Venomous Snakes" or "Danger - Poisonous Reptiles," and shall include the owner's name, address, telephone number, and list of number and species being transported;
(8) Temporary exhibits shall be housed in cages that meet the minimum cage specifications as provided in the section on stationary facilities when such wildlife is present in any geographical location for more than ten (10) days; and
(9) Prior to entering this state, temporary exhibitors shall submit a schedule that details the exact locations and dates of shows and places where such wildlife will be exhibited while in the state. Failure to provide such a schedule upon application for a permit shall be grounds to deny issuance of such permit.
Amended by 2024 Tenn. Acts, ch. 636,s 4, eff. 7/1/2024.
Acts 1991, ch. 487, § 1; 1993, ch. 287, § 1.
Tenn. Code Ann. § 70-5-110 — TN Code / Title 70 / Chapter 5 / Section 70-5-110
Release or sublet of rights secured
Status: in_force

The executive director, or the executive director's successor, is empowered to release or sublet the rights secured from private individuals to any other public agency of the state or federal government for management purposes. Acts 1941, ch. 103, § 4; C. Supp. 1950, § 5193.7 (Williams, § 5193.6); impl. am. Acts 1974, ch. 481, §§ 6, 7; T.C.A. (orig. ed.), § 51-616.
The executive director, or the executive director's successor, is empowered to release or sublet the rights secured from private individuals to any other public agency of the state or federal government for management purposes.
Acts 1941, ch. 103, § 4; C. Supp. 1950, § 5193.7 (Williams, § 5193.6); impl. am. Acts 1974, ch. 481, §§ 6, 7; T.C.A. (orig. ed.), § 51-616.
Tenn. Code Ann. § 70-1-302 — TN Code / Title 70 / Chapter 1 / Section 70-1-302
Duties and functions - Agency advertising
Status: in_force

(a) The wildlife resources agency is directed and authorized to perform the following duties and functions: (1) Make such expenditures from funds in the wildlife resources fund and the boating safety fund as it deems advisable subject to titles 9 and 12, and § 70-1-306(c)-(h) ; (2) Protect, propagate, increase, preserve and conserve the wildlife of this state, and enforce by proper action and proceedings, the existing laws of this state relating to wildlife; (3) Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the following purposes and develop, operate and maintain them for these purposes, subject to § 70-1-306(c)-(h) : (A) Fish hatcheries and nursery ponds; (B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration, propagation, protection, management, or for access to such lands or waters; (C) Public hunting, fishing or trapping areas to provide places where the public may hunt, trap or fish in accordance with law or the regulations of the agency; and (D) The protection, preservation, and enhancement of Reelfoot Lake and the lands surrounding it; (4) Extend and consolidate by exchange lands or waters suitable for the purposes set out in subdivisions (a)(3)(A)-(D); (5) Capture, propagate, transport, buy, sell, or exchange any species of game, bird, fish, fur-bearing animal or other wildlife needed for propagation, enforcement or stocking purposes, or to exercise control measures of undesirable species; (6) Enter into cooperative arrangements with farmers and other landowners or lessees for the utilization of lands under their ownership or control for the purpose of protecting, propagating, conserving, restoring, taking or capturing of the wildlife of the state, under such rules and regulations as the agency may prescribe; and (7) Enter into cooperative agreements with educational institutions and state, federal, and other agencies to promote wildlife management and conservation. (b) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any state for the purpose of regulating fishing, hunting, or trapping in the area under jurisdiction of the federal agencies or the state or in interstate waters, as the case may be. Such regulations shall become effective as soon as they shall have been accepted by all parties to the agreement and as soon as thirty (30) days shall have elapsed from the first publication of such regulations. Agreements involving reciprocal actions relative to wildlife violations shall become effective thirty (30) days after publication in the same manner as is required for proclamations. (c) The wildlife resources agency may require creel census reports and reports of all fish taken under commercial fishing license and all mussels taken under commercial musseling license for any water or waters designated by it, such reports to be on forms provided by the executive director. This shall apply to license holders, wholesalers and others as required. (d) The wildlife resources agency shall administer the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1. (e) In order to further the public interest in the protection and preservation of wildlife and its habitat, the wildlife resources agency is authorized to participate in the federal wetlands mitigation banking program. Participation includes, but is not limited to, entering into agreements for agency or private development, construction and operation on lands that are affected by the program and that are owned, leased, or controlled in some manner through cooperative arrangement agreement or otherwise by the agency. (f) The agency may sell advertising in any magazine or other publication of the agency, under terms and conditions to be set by the agency. The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401 . Any person or entity purchasing such advertising shall include an appropriate disclaimer, as determined by and subject to approval of the agency, to ensure that the appearance of such advertising in an agency publication does not constitute, directly or indirectly, any endorsement by the agency of any products, services, companies, organizations, or other matters referenced in the advertising. (g) The agency may sell the right to include advertising in mailings sent by the agency, including, but not limited to, licenses, under terms and conditions set by the agency; provided, that any advertisers must comply with the disclaimer requirements of subsection (f). The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401 . (h) (1) The agency is authorized to enter into agreements with landowners or persons who control hunting access to lands to establish deer management assistance plans. The purpose of a plan is to permit a landowner, adjoining landowners, or persons who control hunting access on contiguous lands to achieve deer management goals on the contiguous land through management for the specific needs of deer that may at any point in time cross over the land. Harvests under a particular deer management plan may exceed the normal season harvest in accordance with the plan. (2) General guidelines for implementation of a deer management assistance program shall be developed by rule and regulation. In order to qualify under the program, the total combined contiguous acreage must meet or exceed one thousand (1,000) acres. Further, a deer management assistance permit must be purchased. Permit fees shall be established by rule and regulation. It is the intent in creating this program that it shall be revenue neutral to the agency and the state. (i) The agency is authorized to enter into agreements with the United States coast guard to enforce federal regulations in connection with homeland security related activities on Tennessee waters; however, all enforcement activities are subject to prior approval by the Tennessee office of homeland security. (j) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any public or private landowners in this state for the purpose of creating partnerships for the purpose of planting cover and food plots along utility easements for the benefit of indigenous wildlife. (k) (1) The wildlife resources agency is authorized to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency including, but not limited to, marketing opportunities. (2) This subsection (k) shall not be interpreted to abridge any powers or duties delegated to the agency in this part. (3) The nonprofit partners shall have their boards of directors elected by a process approved by the governor or the governor's designee. (4) The nonprofit partners shall be properly incorporated under the laws of this state, and approved by the internal revenue service as organizations that are exempt from federal income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). (5) Costs to underwrite the nonprofit partners' activities related to marketing opportunities shall be borne from revenues of the nonprofit partners and no state employee shall benefit from such proceeds. All proceeds in excess of the cost of operation shall be deposited exclusively into the wildlife resources fund as established in § 70-1-401 and shall not revert to the general fund. (6) The nonprofit partners shall annually submit to the governor, the speakers of the senate and the house of representatives, and the chair of the Tennessee fish and wildlife commission, within ninety (90) days after the end of their fiscal year, a complete and detailed report setting forth their operation and accomplishments. (7) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the nonprofit partner. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. (8) All full board meetings of a nonprofit organization concerning activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open to the public, except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures. (9) All expenditures of a nonprofit organization relating to activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open for public inspection upon specific request to the nonprofit organization. (l) The agency shall administer Lake Halford pursuant to § 64-1-810 . (m) (1) The agency may enter into license agreements for the operation of facilities on land under the control or supervision of the agency where such licenses are necessary, in the discretion of the executive director, for the improved utilization of state lands and facilities and deemed by the executive director to be in the public interest. (2) The facilities described in subdivision (m)(1) include: (A) Boat docks; (B) Marinas; (C) Camp sites; (D) Trailer camps; (E) Bait and retail stores; and (F) Snack bars or restaurants. (3) License agreements may only be entered into after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the facility is located. Amended by 2024 Tenn. Acts, ch. 1056,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 962, s 2, eff. 4/29/2022. Acts 1951, ch. 115, § 26 (Williams, § 5178.55); impl. am. Acts 1974, ch. 481, §§ 5-7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-109, 51-124; Acts 1984, ch. 548, § 3; 1985, ch. 350, § 4; 1990, ch. 891, §§ 1-3; 1995, ch. 298, § 1; 1999, ch. 227, § 1; 2000, ch. 837, § 1; 2002, ch. 566, § 1; 2004, ch. 774, § 1; 2008 , ch. 859, § 1; 2011 , ch. 332, § 1; 2012 , ch. 993, § 13.
(a) The wildlife resources agency is directed and authorized to perform the following duties and functions: (1) Make such expenditures from funds in the wildlife resources fund and the boating safety fund as it deems advisable subject to titles 9 and 12, and § 70-1-306(c)-(h) ; (2) Protect, propagate, increase, preserve and conserve the wildlife of this state, and enforce by proper action and proceedings, the existing laws of this state relating to wildlife; (3) Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the following purposes and develop, operate and maintain them for these purposes, subject to § 70-1-306(c)-(h) : (A) Fish hatcheries and nursery ponds; (B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration, propagation, protection, management, or for access to such lands or waters; (C) Public hunting, fishing or trapping areas to provide places where the public may hunt, trap or fish in accordance with law or the regulations of the agency; and (D) The protection, preservation, and enhancement of Reelfoot Lake and the lands surrounding it; (4) Extend and consolidate by exchange lands or waters suitable for the purposes set out in subdivisions (a)(3)(A)-(D); (5) Capture, propagate, transport, buy, sell, or exchange any species of game, bird, fish, fur-bearing animal or other wildlife needed for propagation, enforcement or stocking purposes, or to exercise control measures of undesirable species; (6) Enter into cooperative arrangements with farmers and other landowners or lessees for the utilization of lands under their ownership or control for the purpose of protecting, propagating, conserving, restoring, taking or capturing of the wildlife of the state, under such rules and regulations as the agency may prescribe; and (7) Enter into cooperative agreements with educational institutions and state, federal, and other agencies to promote wildlife management and conservation.
(1) Make such expenditures from funds in the wildlife resources fund and the boating safety fund as it deems advisable subject to titles 9 and 12, and § 70-1-306(c)-(h) ;
(2) Protect, propagate, increase, preserve and conserve the wildlife of this state, and enforce by proper action and proceedings, the existing laws of this state relating to wildlife;
(3) Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the following purposes and develop, operate and maintain them for these purposes, subject to § 70-1-306(c)-(h) : (A) Fish hatcheries and nursery ponds; (B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration, propagation, protection, management, or for access to such lands or waters; (C) Public hunting, fishing or trapping areas to provide places where the public may hunt, trap or fish in accordance with law or the regulations of the agency; and (D) The protection, preservation, and enhancement of Reelfoot Lake and the lands surrounding it;
(A) Fish hatcheries and nursery ponds;
(B) Lands or waters suitable for game, birds, fish, or fur-bearing animal restoration, propagation, protection, management, or for access to such lands or waters;
(C) Public hunting, fishing or trapping areas to provide places where the public may hunt, trap or fish in accordance with law or the regulations of the agency; and
(D) The protection, preservation, and enhancement of Reelfoot Lake and the lands surrounding it;
(4) Extend and consolidate by exchange lands or waters suitable for the purposes set out in subdivisions (a)(3)(A)-(D);
(5) Capture, propagate, transport, buy, sell, or exchange any species of game, bird, fish, fur-bearing animal or other wildlife needed for propagation, enforcement or stocking purposes, or to exercise control measures of undesirable species;
(6) Enter into cooperative arrangements with farmers and other landowners or lessees for the utilization of lands under their ownership or control for the purpose of protecting, propagating, conserving, restoring, taking or capturing of the wildlife of the state, under such rules and regulations as the agency may prescribe; and
(7) Enter into cooperative agreements with educational institutions and state, federal, and other agencies to promote wildlife management and conservation.
(b) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any state for the purpose of regulating fishing, hunting, or trapping in the area under jurisdiction of the federal agencies or the state or in interstate waters, as the case may be. Such regulations shall become effective as soon as they shall have been accepted by all parties to the agreement and as soon as thirty (30) days shall have elapsed from the first publication of such regulations. Agreements involving reciprocal actions relative to wildlife violations shall become effective thirty (30) days after publication in the same manner as is required for proclamations.
(c) The wildlife resources agency may require creel census reports and reports of all fish taken under commercial fishing license and all mussels taken under commercial musseling license for any water or waters designated by it, such reports to be on forms provided by the executive director. This shall apply to license holders, wholesalers and others as required.
(d) The wildlife resources agency shall administer the Reelfoot Lake natural area, as provided in title 11, chapter 14, part 1.
(e) In order to further the public interest in the protection and preservation of wildlife and its habitat, the wildlife resources agency is authorized to participate in the federal wetlands mitigation banking program. Participation includes, but is not limited to, entering into agreements for agency or private development, construction and operation on lands that are affected by the program and that are owned, leased, or controlled in some manner through cooperative arrangement agreement or otherwise by the agency.
(f) The agency may sell advertising in any magazine or other publication of the agency, under terms and conditions to be set by the agency. The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401 . Any person or entity purchasing such advertising shall include an appropriate disclaimer, as determined by and subject to approval of the agency, to ensure that the appearance of such advertising in an agency publication does not constitute, directly or indirectly, any endorsement by the agency of any products, services, companies, organizations, or other matters referenced in the advertising.
(g) The agency may sell the right to include advertising in mailings sent by the agency, including, but not limited to, licenses, under terms and conditions set by the agency; provided, that any advertisers must comply with the disclaimer requirements of subsection (f). The revenue generated from such advertising shall be deposited exclusively in the wildlife resources fund provided in § 70-1-401 .
(h) (1) The agency is authorized to enter into agreements with landowners or persons who control hunting access to lands to establish deer management assistance plans. The purpose of a plan is to permit a landowner, adjoining landowners, or persons who control hunting access on contiguous lands to achieve deer management goals on the contiguous land through management for the specific needs of deer that may at any point in time cross over the land. Harvests under a particular deer management plan may exceed the normal season harvest in accordance with the plan. (2) General guidelines for implementation of a deer management assistance program shall be developed by rule and regulation. In order to qualify under the program, the total combined contiguous acreage must meet or exceed one thousand (1,000) acres. Further, a deer management assistance permit must be purchased. Permit fees shall be established by rule and regulation. It is the intent in creating this program that it shall be revenue neutral to the agency and the state.
(1) The agency is authorized to enter into agreements with landowners or persons who control hunting access to lands to establish deer management assistance plans. The purpose of a plan is to permit a landowner, adjoining landowners, or persons who control hunting access on contiguous lands to achieve deer management goals on the contiguous land through management for the specific needs of deer that may at any point in time cross over the land. Harvests under a particular deer management plan may exceed the normal season harvest in accordance with the plan.
(2) General guidelines for implementation of a deer management assistance program shall be developed by rule and regulation. In order to qualify under the program, the total combined contiguous acreage must meet or exceed one thousand (1,000) acres. Further, a deer management assistance permit must be purchased. Permit fees shall be established by rule and regulation. It is the intent in creating this program that it shall be revenue neutral to the agency and the state.
(i) The agency is authorized to enter into agreements with the United States coast guard to enforce federal regulations in connection with homeland security related activities on Tennessee waters; however, all enforcement activities are subject to prior approval by the Tennessee office of homeland security.
(j) The agency may enter into cooperative agreements with the United States Tennessee Valley authority, United States fish and wildlife service, national park service, United States forest service, or with any other federal agency, or with any public or private landowners in this state for the purpose of creating partnerships for the purpose of planting cover and food plots along utility easements for the benefit of indigenous wildlife.
(k) (1) The wildlife resources agency is authorized to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency including, but not limited to, marketing opportunities. (2) This subsection (k) shall not be interpreted to abridge any powers or duties delegated to the agency in this part. (3) The nonprofit partners shall have their boards of directors elected by a process approved by the governor or the governor's designee. (4) The nonprofit partners shall be properly incorporated under the laws of this state, and approved by the internal revenue service as organizations that are exempt from federal income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). (5) Costs to underwrite the nonprofit partners' activities related to marketing opportunities shall be borne from revenues of the nonprofit partners and no state employee shall benefit from such proceeds. All proceeds in excess of the cost of operation shall be deposited exclusively into the wildlife resources fund as established in § 70-1-401 and shall not revert to the general fund. (6) The nonprofit partners shall annually submit to the governor, the speakers of the senate and the house of representatives, and the chair of the Tennessee fish and wildlife commission, within ninety (90) days after the end of their fiscal year, a complete and detailed report setting forth their operation and accomplishments. (7) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the nonprofit partner. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. (8) All full board meetings of a nonprofit organization concerning activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open to the public, except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures. (9) All expenditures of a nonprofit organization relating to activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open for public inspection upon specific request to the nonprofit organization.
(1) The wildlife resources agency is authorized to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency including, but not limited to, marketing opportunities.
(2) This subsection (k) shall not be interpreted to abridge any powers or duties delegated to the agency in this part.
(3) The nonprofit partners shall have their boards of directors elected by a process approved by the governor or the governor's designee.
(4) The nonprofit partners shall be properly incorporated under the laws of this state, and approved by the internal revenue service as organizations that are exempt from federal income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ).
(5) Costs to underwrite the nonprofit partners' activities related to marketing opportunities shall be borne from revenues of the nonprofit partners and no state employee shall benefit from such proceeds. All proceeds in excess of the cost of operation shall be deposited exclusively into the wildlife resources fund as established in § 70-1-401 and shall not revert to the general fund.
(6) The nonprofit partners shall annually submit to the governor, the speakers of the senate and the house of representatives, and the chair of the Tennessee fish and wildlife commission, within ninety (90) days after the end of their fiscal year, a complete and detailed report setting forth their operation and accomplishments.
(7) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the nonprofit partner. If an independent public accountant is employed, the audit contract between the nonprofit partner and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the nonprofit partner. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(8) All full board meetings of a nonprofit organization concerning activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open to the public, except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures.
(9) All expenditures of a nonprofit organization relating to activities authorized by § 70-1-207 or pursuant to subsection (f) shall be open for public inspection upon specific request to the nonprofit organization.
(l) The agency shall administer Lake Halford pursuant to § 64-1-810 .
(m) (1) The agency may enter into license agreements for the operation of facilities on land under the control or supervision of the agency where such licenses are necessary, in the discretion of the executive director, for the improved utilization of state lands and facilities and deemed by the executive director to be in the public interest. (2) The facilities described in subdivision (m)(1) include: (A) Boat docks; (B) Marinas; (C) Camp sites; (D) Trailer camps; (E) Bait and retail stores; and (F) Snack bars or restaurants. (3) License agreements may only be entered into after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the facility is located.
(1) The agency may enter into license agreements for the operation of facilities on land under the control or supervision of the agency where such licenses are necessary, in the discretion of the executive director, for the improved utilization of state lands and facilities and deemed by the executive director to be in the public interest.
(2) The facilities described in subdivision (m)(1) include: (A) Boat docks; (B) Marinas; (C) Camp sites; (D) Trailer camps; (E) Bait and retail stores; and (F) Snack bars or restaurants.
(A) Boat docks;
(B) Marinas;
(C) Camp sites;
(D) Trailer camps;
(E) Bait and retail stores; and
(F) Snack bars or restaurants.
(3) License agreements may only be entered into after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the facility is located.
Amended by 2024 Tenn. Acts, ch. 1056,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 962, s 2, eff. 4/29/2022.
Acts 1951, ch. 115, § 26 (Williams, § 5178.55); impl. am. Acts 1974, ch. 481, §§ 5-7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), §§ 51-109, 51-124; Acts 1984, ch. 548, § 3; 1985, ch. 350, § 4; 1990, ch. 891, §§ 1-3; 1995, ch. 298, § 1; 1999, ch. 227, § 1; 2000, ch. 837, § 1; 2002, ch. 566, § 1; 2004, ch. 774, § 1; 2008 , ch. 859, § 1; 2011 , ch. 332, § 1; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-2-213 — TN Code / Title 70 / Chapter 2 / Section 70-2-213
Permits for scientific purposes - Reports required - Penalty for violation
Status: in_force

(a) The executive director has the power, at the executive director's discretion, to grant permission, under the executive director's seal, to any reliable person to take, capture and transport in Tennessee, wild birds, and nests and eggs of wild birds, and wild animals and fish, when taken and used for purely scientific purposes. The permit so issued shall continue in force for one (1) year after the date of issue and shall specify the number of any species to be taken under the permit. (b) Each person receiving a permit under this section shall report to the wildlife resources agency on blanks furnished by it, at or before the expiration of such permit, the number and disposition of the collections made under the permit. (c) Any person taking any wildlife in violation of this section, or of the permit held by that person, shall be, upon conviction, fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) and the permit held by that person shall become void. Acts 1951, ch. 115, § 66 (Williams, § 5178.95); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-224.
(a) The executive director has the power, at the executive director's discretion, to grant permission, under the executive director's seal, to any reliable person to take, capture and transport in Tennessee, wild birds, and nests and eggs of wild birds, and wild animals and fish, when taken and used for purely scientific purposes. The permit so issued shall continue in force for one (1) year after the date of issue and shall specify the number of any species to be taken under the permit.
(b) Each person receiving a permit under this section shall report to the wildlife resources agency on blanks furnished by it, at or before the expiration of such permit, the number and disposition of the collections made under the permit.
(c) Any person taking any wildlife in violation of this section, or of the permit held by that person, shall be, upon conviction, fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) and the permit held by that person shall become void.
Acts 1951, ch. 115, § 66 (Williams, § 5178.95); impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-224.
Tenn. Code Ann. § 70-8-308 — TN Code / Title 70 / Chapter 8 / Section 70-8-308
Public works projects
Status: in_force

The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used to interfere with, delay or impede any public works project. Acts 1985, ch. 242, § 8; T.C.A., § 11-26-208.
The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used to interfere with, delay or impede any public works project.
Acts 1985, ch. 242, § 8; T.C.A., § 11-26-208.
Tenn. Code Ann. § 70-4-117 — TN Code / Title 70 / Chapter 4 / Section 70-4-117
Possession of weapons in areas inhabited by big game - Penalty
Status: in_force

(a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections (b) and (c). (b) (1) A violation of this section is a Class B misdemeanor. (2) It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension. (c) In the prosecution of a second or subsequent offense, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year. (d) Notwithstanding subsection (a), a person not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (d) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations. (e) Nothing in this section shall authorize a person not otherwise prohibited by law from possessing a handgun to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law. (f) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations. Amended by 2023 Tenn. Acts, ch. 218, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 218, s 4, eff. 7/1/2023. Acts 1951, ch. 115, §§ 44, 47 (Williams, §§ 5178.73, 5178.76); Acts 1957, ch. 382, § 7; 1957, ch. 384, § 2; 1961, ch. 198, § 3; 1976, ch. 681, § 1; 1982, ch. 701, §§ 4-6; 1982, ch. 738, § 21; T.C.A. (orig. ed.), §§ 51-427, 51-429; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2009 , ch. 606, § 1.
(a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections (b) and (c).
(b) (1) A violation of this section is a Class B misdemeanor. (2) It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.
(1) A violation of this section is a Class B misdemeanor.
(2) It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.
(c) In the prosecution of a second or subsequent offense, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year.
(d) Notwithstanding subsection (a), a person not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106 the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (d) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.
(e) Nothing in this section shall authorize a person not otherwise prohibited by law from possessing a handgun to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law.
(f) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations.
Amended by 2023 Tenn. Acts, ch. 218, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 218, s 4, eff. 7/1/2023.
Acts 1951, ch. 115, §§ 44, 47 (Williams, §§ 5178.73, 5178.76); Acts 1957, ch. 382, § 7; 1957, ch. 384, § 2; 1961, ch. 198, § 3; 1976, ch. 681, § 1; 1982, ch. 701, §§ 4-6; 1982, ch. 738, § 21; T.C.A. (orig. ed.), §§ 51-427, 51-429; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3; 2009 , ch. 606, § 1.
Tenn. Code Ann. § 70-4-415 — TN Code / Title 70 / Chapter 4 / Section 70-4-415
Authority of officers of agency - Violations - Penalties - Forfeitures
Status: in_force

(a) Any officer of the agency, upon finding a violation of this part, of the terms of the permit or rules and regulations promulgated pursuant to this part, may, as appropriate: (1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority, issue a finding of a violation, along with a warning to remedy the violation by a specified date. Each day's continuation after such date constitutes a separate violation; (2) Give three days' written notice of seizure to the alleged offender, and make application to a court of proper jurisdiction for an order to seize any items or wildlife held, used or transported in violation of this part, the permit or rules or regulations promulgated pursuant to this part; provided, that if such officer determines that the public health, safety or welfare imperatively requires emergency action, the notice requirement shall be suspended and such officer may make immediate application to the court for seizure; and provided further, that if the emergency is such that the wildlife presents a present or imminent life-threatening situation or is likely to do so under the circumstances, then such officer or any member of the agency who may be present and assisting the officer may destroy such wildlife; and (3) Take any other reasonable and appropriate actions otherwise provided by law, including, but not limited to, the action provided for under § 70-4-405(a) . (b) Any person violating any provision of this part, including a failure to remedy under subdivision (a)(1), or who violated the terms of any permit or rules and regulations promulgated pursuant to this part, commits a Class A misdemeanor; provided, that in the discretion of the court, and in lieu of or in addition to a fine or a jail sentence, or both, the person's permit may be revoked, and such person shall be precluded from applying for or obtaining a permit under this part for a period not to exceed three (3) years. (c) In the event of revocation of a person's permit, the court shall determine whether or not the items seized pursuant to subdivision (a)(2) shall be ordered forfeited to the state. (d) When any item or wildlife is forfeited, the court shall enter an order accordingly and the contraband property shall be sold at public sale by the commissioner of general services or as otherwise provided by rules and regulations, or donated to a worthy recipient. However, upon request of the agency at the trial of the matter, the court, as a part of its order, may direct that specific items or wildlife, which the court has ordered forfeited, be awarded to the agency for use as educational or training purposes. (e) No item or wildlife seized by the agency may be forfeited or disposed of in the discretion of the court, unless the offender has been convicted of the offense charged and all appeals from such conviction have been exhausted. An appeals bond shall be required to cover the cost of holding and maintaining such animals held, pending final disposition of the appeal. Acts 1991, ch. 487, § 1.
(a) Any officer of the agency, upon finding a violation of this part, of the terms of the permit or rules and regulations promulgated pursuant to this part, may, as appropriate: (1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority, issue a finding of a violation, along with a warning to remedy the violation by a specified date. Each day's continuation after such date constitutes a separate violation; (2) Give three days' written notice of seizure to the alleged offender, and make application to a court of proper jurisdiction for an order to seize any items or wildlife held, used or transported in violation of this part, the permit or rules or regulations promulgated pursuant to this part; provided, that if such officer determines that the public health, safety or welfare imperatively requires emergency action, the notice requirement shall be suspended and such officer may make immediate application to the court for seizure; and provided further, that if the emergency is such that the wildlife presents a present or imminent life-threatening situation or is likely to do so under the circumstances, then such officer or any member of the agency who may be present and assisting the officer may destroy such wildlife; and (3) Take any other reasonable and appropriate actions otherwise provided by law, including, but not limited to, the action provided for under § 70-4-405(a) .
(1) Exercise such officer's arrest authority or, in lieu of exercising the arrest authority, issue a finding of a violation, along with a warning to remedy the violation by a specified date. Each day's continuation after such date constitutes a separate violation;
(2) Give three days' written notice of seizure to the alleged offender, and make application to a court of proper jurisdiction for an order to seize any items or wildlife held, used or transported in violation of this part, the permit or rules or regulations promulgated pursuant to this part; provided, that if such officer determines that the public health, safety or welfare imperatively requires emergency action, the notice requirement shall be suspended and such officer may make immediate application to the court for seizure; and provided further, that if the emergency is such that the wildlife presents a present or imminent life-threatening situation or is likely to do so under the circumstances, then such officer or any member of the agency who may be present and assisting the officer may destroy such wildlife; and
(3) Take any other reasonable and appropriate actions otherwise provided by law, including, but not limited to, the action provided for under § 70-4-405(a) .
(b) Any person violating any provision of this part, including a failure to remedy under subdivision (a)(1), or who violated the terms of any permit or rules and regulations promulgated pursuant to this part, commits a Class A misdemeanor; provided, that in the discretion of the court, and in lieu of or in addition to a fine or a jail sentence, or both, the person's permit may be revoked, and such person shall be precluded from applying for or obtaining a permit under this part for a period not to exceed three (3) years.
(c) In the event of revocation of a person's permit, the court shall determine whether or not the items seized pursuant to subdivision (a)(2) shall be ordered forfeited to the state.
(d) When any item or wildlife is forfeited, the court shall enter an order accordingly and the contraband property shall be sold at public sale by the commissioner of general services or as otherwise provided by rules and regulations, or donated to a worthy recipient. However, upon request of the agency at the trial of the matter, the court, as a part of its order, may direct that specific items or wildlife, which the court has ordered forfeited, be awarded to the agency for use as educational or training purposes.
(e) No item or wildlife seized by the agency may be forfeited or disposed of in the discretion of the court, unless the offender has been convicted of the offense charged and all appeals from such conviction have been exhausted. An appeals bond shall be required to cover the cost of holding and maintaining such animals held, pending final disposition of the appeal.
Acts 1991, ch. 487, § 1.
Tenn. Code Ann. § 70-2-103 — TN Code / Title 70 / Chapter 2 / Section 70-2-103
Exception to licensing requirement - Military personnel on furlough
Status: in_force

(a) Any member of the armed forces or services while on furlough or other temporary military leave of absence has the right to hunt and fish in this state during the appropriate seasons for hunting and fishing as fixed by law, without the necessity of procuring a license. (b) In order for any person to hunt and fish without the required license, the person shall have in that person's possession at all times a copy of that person's furlough papers or other military orders showing that such person is officially on leave of absence from the military service. Such military papers or orders are subject to examination and inspection by duly constituted officers of the wildlife resources agency at all times. Acts 1953, ch. 253, §§ 1, 2 (Williams, § 5178.39a); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-205.
(a) Any member of the armed forces or services while on furlough or other temporary military leave of absence has the right to hunt and fish in this state during the appropriate seasons for hunting and fishing as fixed by law, without the necessity of procuring a license.
(b) In order for any person to hunt and fish without the required license, the person shall have in that person's possession at all times a copy of that person's furlough papers or other military orders showing that such person is officially on leave of absence from the military service. Such military papers or orders are subject to examination and inspection by duly constituted officers of the wildlife resources agency at all times.
Acts 1953, ch. 253, §§ 1, 2 (Williams, § 5178.39a); 1959, ch. 145, § 4; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-205.
Tenn. Code Ann. § 70-8-204 — TN Code / Title 70 / Chapter 8 / Section 70-8-204
Prohibited activities
Status: in_force

(a) It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203 . (b) It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs. (c) It is unlawful for any person who has dug, harvested, collected or removed wild ginseng from any land for the purpose of sale or export to: (1) Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or (2) Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed. (d) It is unlawful to sell or offer for sale wild or cultivated ginseng that was harvested or collected from any state other than Tennessee unless such ginseng has been certified or otherwise approved for export by the state from which the ginseng was harvested, collected, or removed. A certificate shall accompany all wild and cultivated ginseng from other states showing that it has been certified and approved for export. (e) It is unlawful for any person, without permission of the landowner, to enter the property of the landowner and dig, harvest, collect, or remove wild or cultivated ginseng. This subsection (e) shall not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government. (f) It is unlawful for any person to knowingly dig, harvest, collect or remove wild ginseng from any land that such person does not own, on any date not within the wild ginseng harvest season established by § 70-8-203 . Acts 1985, ch. 177, §§ 4-8; T.C.A., § 11-26-104; Acts 2012, ch. 660, § 1.
(a) It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203 .
(b) It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs.
(c) It is unlawful for any person who has dug, harvested, collected or removed wild ginseng from any land for the purpose of sale or export to: (1) Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or (2) Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed.
(1) Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or
(2) Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed.
(d) It is unlawful to sell or offer for sale wild or cultivated ginseng that was harvested or collected from any state other than Tennessee unless such ginseng has been certified or otherwise approved for export by the state from which the ginseng was harvested, collected, or removed. A certificate shall accompany all wild and cultivated ginseng from other states showing that it has been certified and approved for export.
(e) It is unlawful for any person, without permission of the landowner, to enter the property of the landowner and dig, harvest, collect, or remove wild or cultivated ginseng. This subsection (e) shall not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
(f) It is unlawful for any person to knowingly dig, harvest, collect or remove wild ginseng from any land that such person does not own, on any date not within the wild ginseng harvest season established by § 70-8-203 .
Acts 1985, ch. 177, §§ 4-8; T.C.A., § 11-26-104; Acts 2012, ch. 660, § 1.
Tenn. Code Ann. § 70-2-219 — TN Code / Title 70 / Chapter 2 / Section 70-2-219
Trout fishing in premiere tourist resort cities - Disposition of funds from Reelfoot preservation permits - Privileges of senior citizen permit holders
Status: in_force

(a) [Deleted by 2021 amendment.] (b) (1) Before any person may fish for trout in a premiere tourist resort city, such person must obtain the appropriate permit as described in this part, in addition to any appropriate state license, if required. The fish and wildlife commission is authorized to establish seasons and creel limits and to establish and collect permit fees in amounts to be set forth by proclamation duly passed by the commission. In addition to the appropriate state license, a person must obtain either a one-day permit for a fee of two dollars ($2.00) or a three-day permit for a fee of six dollars ($6.00); provided, that a nonresident may purchase a one-day all inclusive permit, in lieu of the normal license/permit combination. The fee for this permit shall be not less than eight dollars ($8.00) nor greater than thirteen dollars ($13.00). Eight dollars ($8.00) from each permit sold shall be retained by the agency as its license fee. (2) The fish and wildlife commission is authorized to pay to the premiere tourist resort city an amount not to exceed the permit fees collected, less the eight-dollar license fee retained by the agency, for the cost incurred by the premiere tourist resort city for the stocking of trout. (3) The fish and wildlife commission may exempt certain age groups from this section. (4) Full-time police officers and other such authorized employees of the premiere tourist resort city have the authority under the guidance of the fish and wildlife commission to enforce the creel limits, licensing and permit requirements of this subsection (b). (5) "Premiere tourist resort city" means a municipality having a population of twenty-five hundred (2,500) or more persons, according to the federal census of 1980 or any subsequent federal census, in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist courts accommodation, tourist shops and restaurants. (c) All funds derived from the sale of the Reelfoot preservation permit are hereby designated as set aside for the exclusive use of acquiring and maintaining lands around Reelfoot Lake. (d) Residents of Tennessee sixty-five (65) years of age or older who purchase an annual senior citizen permit and who otherwise comply with the licensing requirements of § 70-2-201(c)(2) , if applicable, enjoy the same additional privileges and benefits as provided to an annual sportsman license holder. The annual fee shall be forty dollars ($40.00). (e) (1) The executive director is authorized to issue special permits to a nonprofit wildlife conservation organization that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). An organization that receives a special permit issued under this subsection (e) may sell or otherwise transfer such permits through any legal means available. (2) Any proceeds of the sale must be used in this state for wildlife management projects approved by the agency; provided, that, notwithstanding any other law to the contrary, the organization may use no more than twenty percent (20%) of the proceeds to administer the sale or transfer of the permit. (3) The executive director may issue up to five (5) special permits in a license year and shall strive to ensure that hunting or fishing opportunities occur in each grand division of the state pursuant to this subsection (e). (4) The commission may promulgate rules to implement the special permit program. Amended by 2021 Tenn. Acts, ch. 270, s 7, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 65, s 1, eff. 3/28/2019. Acts 1978, ch. 638, § 1; 1979, ch. 231, § 1; 1981, ch. 112, § 1; 1981, ch. 484, §§ 1, 2; T.C.A., § 51-238; Acts 1983, ch. 285, § 1; 1985, ch. 350, §§ 6, 7; 1987, ch. 23, §§ 1, 2; 1989, ch. 47, § 1; 1989, ch. 486, §§ 13, 14; 1991, ch. 124, § 1; 1992, ch. 570, §§ 1, 2; 1992, ch. 616, § 2; 1995, ch. 332, § 1; 1999, ch. 107, § 1; 2001, ch. 376, § 3; 2007 , ch. 162, § 1; 2009 , ch. 182, § 1; 2012 , ch. 993, § 13.
(a) [Deleted by 2021 amendment.]
(b) (1) Before any person may fish for trout in a premiere tourist resort city, such person must obtain the appropriate permit as described in this part, in addition to any appropriate state license, if required. The fish and wildlife commission is authorized to establish seasons and creel limits and to establish and collect permit fees in amounts to be set forth by proclamation duly passed by the commission. In addition to the appropriate state license, a person must obtain either a one-day permit for a fee of two dollars ($2.00) or a three-day permit for a fee of six dollars ($6.00); provided, that a nonresident may purchase a one-day all inclusive permit, in lieu of the normal license/permit combination. The fee for this permit shall be not less than eight dollars ($8.00) nor greater than thirteen dollars ($13.00). Eight dollars ($8.00) from each permit sold shall be retained by the agency as its license fee. (2) The fish and wildlife commission is authorized to pay to the premiere tourist resort city an amount not to exceed the permit fees collected, less the eight-dollar license fee retained by the agency, for the cost incurred by the premiere tourist resort city for the stocking of trout. (3) The fish and wildlife commission may exempt certain age groups from this section. (4) Full-time police officers and other such authorized employees of the premiere tourist resort city have the authority under the guidance of the fish and wildlife commission to enforce the creel limits, licensing and permit requirements of this subsection (b). (5) "Premiere tourist resort city" means a municipality having a population of twenty-five hundred (2,500) or more persons, according to the federal census of 1980 or any subsequent federal census, in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist courts accommodation, tourist shops and restaurants.
(1) Before any person may fish for trout in a premiere tourist resort city, such person must obtain the appropriate permit as described in this part, in addition to any appropriate state license, if required. The fish and wildlife commission is authorized to establish seasons and creel limits and to establish and collect permit fees in amounts to be set forth by proclamation duly passed by the commission. In addition to the appropriate state license, a person must obtain either a one-day permit for a fee of two dollars ($2.00) or a three-day permit for a fee of six dollars ($6.00); provided, that a nonresident may purchase a one-day all inclusive permit, in lieu of the normal license/permit combination. The fee for this permit shall be not less than eight dollars ($8.00) nor greater than thirteen dollars ($13.00). Eight dollars ($8.00) from each permit sold shall be retained by the agency as its license fee.
(2) The fish and wildlife commission is authorized to pay to the premiere tourist resort city an amount not to exceed the permit fees collected, less the eight-dollar license fee retained by the agency, for the cost incurred by the premiere tourist resort city for the stocking of trout.
(3) The fish and wildlife commission may exempt certain age groups from this section.
(4) Full-time police officers and other such authorized employees of the premiere tourist resort city have the authority under the guidance of the fish and wildlife commission to enforce the creel limits, licensing and permit requirements of this subsection (b).
(5) "Premiere tourist resort city" means a municipality having a population of twenty-five hundred (2,500) or more persons, according to the federal census of 1980 or any subsequent federal census, in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist courts accommodation, tourist shops and restaurants.
(c) All funds derived from the sale of the Reelfoot preservation permit are hereby designated as set aside for the exclusive use of acquiring and maintaining lands around Reelfoot Lake.
(d) Residents of Tennessee sixty-five (65) years of age or older who purchase an annual senior citizen permit and who otherwise comply with the licensing requirements of § 70-2-201(c)(2) , if applicable, enjoy the same additional privileges and benefits as provided to an annual sportsman license holder. The annual fee shall be forty dollars ($40.00).
(e) (1) The executive director is authorized to issue special permits to a nonprofit wildlife conservation organization that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). An organization that receives a special permit issued under this subsection (e) may sell or otherwise transfer such permits through any legal means available. (2) Any proceeds of the sale must be used in this state for wildlife management projects approved by the agency; provided, that, notwithstanding any other law to the contrary, the organization may use no more than twenty percent (20%) of the proceeds to administer the sale or transfer of the permit. (3) The executive director may issue up to five (5) special permits in a license year and shall strive to ensure that hunting or fishing opportunities occur in each grand division of the state pursuant to this subsection (e). (4) The commission may promulgate rules to implement the special permit program.
(1) The executive director is authorized to issue special permits to a nonprofit wildlife conservation organization that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ). An organization that receives a special permit issued under this subsection (e) may sell or otherwise transfer such permits through any legal means available.
(2) Any proceeds of the sale must be used in this state for wildlife management projects approved by the agency; provided, that, notwithstanding any other law to the contrary, the organization may use no more than twenty percent (20%) of the proceeds to administer the sale or transfer of the permit.
(3) The executive director may issue up to five (5) special permits in a license year and shall strive to ensure that hunting or fishing opportunities occur in each grand division of the state pursuant to this subsection (e).
(4) The commission may promulgate rules to implement the special permit program.
Amended by 2021 Tenn. Acts, ch. 270, s 7, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 65, s 1, eff. 3/28/2019.
Acts 1978, ch. 638, § 1; 1979, ch. 231, § 1; 1981, ch. 112, § 1; 1981, ch. 484, §§ 1, 2; T.C.A., § 51-238; Acts 1983, ch. 285, § 1; 1985, ch. 350, §§ 6, 7; 1987, ch. 23, §§ 1, 2; 1989, ch. 47, § 1; 1989, ch. 486, §§ 13, 14; 1991, ch. 124, § 1; 1992, ch. 570, §§ 1, 2; 1992, ch. 616, § 2; 1995, ch. 332, § 1; 1999, ch. 107, § 1; 2001, ch. 376, § 3; 2007 , ch. 162, § 1; 2009 , ch. 182, § 1; 2012 , ch. 993, § 13.
Tenn. Code Ann. § 70-2-108 — TN Code / Title 70 / Chapter 2 / Section 70-2-108
Hunter education course
Status: in_force

(a) (1) Every person born on or after January 1, 1969, before hunting, shall possess, in addition to all other licenses and permits required, proof of satisfactory completion of an agency approved hunter education course, except this provision shall not apply to persons under ten (10) years of age accompanied by an adult at least twenty-one (21) years of age. (2) (A) The commission is authorized to promulgate rules to create a permit for a fee exempting persons from the hunter education requirements of this section for a twelve-month period, as long as the person possesses all other licenses and permits required, and, if ten (10) years of age or older, the person must be accompanied by a licensed adult at least twenty-one (21) years of age or older, who is hunter-education-certified or otherwise exempt by law. (B) Effective July 1, 2015, a person who meets the requirements of subdivision (a)(2)(A) may purchase the permit annually for up to three (3) consecutive years. (3) For the purpose of this section, "accompanied" is defined as being able to take immediate control of the hunting device. (b) The state board of education is encouraged to develop a section related to hunter education as a part of its safety education curriculum. (c) This section shall not apply to persons hunting or fishing within the guidelines of § 70-2-204 . (d) As punishment, any person violating this section shall have all hunting privileges suspended and the person's license shall be taken by the arresting officer. Submission of proof of satisfactory completion of an agency approved hunter education course shall entitle a person to the return of that person's license and the restoration of hunting privileges. Amended by 2015 Tenn. Acts, ch. 417,s 1, eff. 7/1/2015. Acts 1983, ch. 452, §§ 1, 2; 1990, ch. 891, § 7; 2006, ch. 852, § 1; 2008, ch. 1061, § 1.
(a) (1) Every person born on or after January 1, 1969, before hunting, shall possess, in addition to all other licenses and permits required, proof of satisfactory completion of an agency approved hunter education course, except this provision shall not apply to persons under ten (10) years of age accompanied by an adult at least twenty-one (21) years of age. (2) (A) The commission is authorized to promulgate rules to create a permit for a fee exempting persons from the hunter education requirements of this section for a twelve-month period, as long as the person possesses all other licenses and permits required, and, if ten (10) years of age or older, the person must be accompanied by a licensed adult at least twenty-one (21) years of age or older, who is hunter-education-certified or otherwise exempt by law. (B) Effective July 1, 2015, a person who meets the requirements of subdivision (a)(2)(A) may purchase the permit annually for up to three (3) consecutive years. (3) For the purpose of this section, "accompanied" is defined as being able to take immediate control of the hunting device.
(1) Every person born on or after January 1, 1969, before hunting, shall possess, in addition to all other licenses and permits required, proof of satisfactory completion of an agency approved hunter education course, except this provision shall not apply to persons under ten (10) years of age accompanied by an adult at least twenty-one (21) years of age.
(2) (A) The commission is authorized to promulgate rules to create a permit for a fee exempting persons from the hunter education requirements of this section for a twelve-month period, as long as the person possesses all other licenses and permits required, and, if ten (10) years of age or older, the person must be accompanied by a licensed adult at least twenty-one (21) years of age or older, who is hunter-education-certified or otherwise exempt by law. (B) Effective July 1, 2015, a person who meets the requirements of subdivision (a)(2)(A) may purchase the permit annually for up to three (3) consecutive years.
(A) The commission is authorized to promulgate rules to create a permit for a fee exempting persons from the hunter education requirements of this section for a twelve-month period, as long as the person possesses all other licenses and permits required, and, if ten (10) years of age or older, the person must be accompanied by a licensed adult at least twenty-one (21) years of age or older, who is hunter-education-certified or otherwise exempt by law.
(B) Effective July 1, 2015, a person who meets the requirements of subdivision (a)(2)(A) may purchase the permit annually for up to three (3) consecutive years.
(3) For the purpose of this section, "accompanied" is defined as being able to take immediate control of the hunting device.
(b) The state board of education is encouraged to develop a section related to hunter education as a part of its safety education curriculum.
(c) This section shall not apply to persons hunting or fishing within the guidelines of § 70-2-204 .
(d) As punishment, any person violating this section shall have all hunting privileges suspended and the person's license shall be taken by the arresting officer. Submission of proof of satisfactory completion of an agency approved hunter education course shall entitle a person to the return of that person's license and the restoration of hunting privileges.
Amended by 2015 Tenn. Acts, ch. 417,s 1, eff. 7/1/2015.
Acts 1983, ch. 452, §§ 1, 2; 1990, ch. 891, § 7; 2006, ch. 852, § 1; 2008, ch. 1061, § 1.