2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 4 - MISCELLANEOUS REGULATIONS (§§ 70-4-101 — 70-4-504) › Part 1 - HUNTING AND FISHING (§§ 70-4-101 — 70-4-134) › Section 70-4-119 - Taking of aquatic animal life other than game fish - Possession of commercial fishing gear on contaminated waters - Use of explosives, electrical devices or poisons in taking fish - Penalties

(a)
The taking of fish, mussels, turtles and other aquatic animal life, other than those species designated as game fish, from the waters of this state is not permitted except in accordance with the following provisions:
(1)
Any and all varieties of fish, mussels, turtles and other aquatic animal life may be sold commercially, subject to limitations prescribed by the fish and wildlife commission;
(2)
The commission is hereby authorized to designate all waters that shall be opened to the use of various types of gear to be used for the commercial taking of fish, mussels, turtles and other aquatic animal life, and the commission is authorized to specify the types of commercial gear to be used for the taking of fish, mussels, turtles and other aquatic animal life from any of such waters, under regulations prescribed by the commission in its proclamation for the commercial taking of fish, mussels, turtles and other aquatic animal life;
(3)
The possession or use, or both, of any type of gear that is not specifically authorized by the commission, or that is not properly licensed, is forbidden. No commercial gear may be possessed on, or immediately adjacent to, any body of water where such gear is not authorized;
(4)
Any wildlife accidentally taken in connection with a commercial operation under this section shall be quickly and carefully released with the least possible injury;
(5)
Each piece of commercial fishing gear, including trotlines, fished commercially, shall bear securely fastened to the gear at the head end of the line or net or to the float, a current and valid identifying tag to be supplied by the commercial fisher. The tag shall measure at least one inch by three inches (1" x 3") and shall have the name of the commercial fisher along with the commercial fisher's current license number.
(6)
The commission is authorized to promulgate proclamations pertaining to the use of slat baskets by sport fishing license holders. Such baskets must be marked with an identifying tag, which expires the last day of February following the date of issue. A tag will be issued to each sport fishing license holder upon application to the agency and upon payment of the established fee to defray the cost and expense of furnishing each tag;
(7)
It is unlawful for a commercial fisher to possess, while engaging in commercial fishing, any species of fish that cannot legally be taken with commercial fishing gear, except for legally taken bream less than four inches (4") in length, which may be used as bait;
(8)
Any person violating this section or any proclamation promulgated pursuant to this section commits a Class B misdemeanor and also is prohibited from engaging in sport fishing, commercial fishing or commercial musseling for a period of time of not less than one (1) year. Any person who engages in sport fishing, commercial fishing or commercial musseling during the prohibited time set by the court commits a Class B misdemeanor;
(9)
For enforcement purposes, if fewer than five percent (5%) by number of mussels taken by a commercial musseler are not suitable for sale because such mussels are too small, no sanctions shall be imposed against such commercial musseler; and
(10)
Wholesale fish dealers and wholesale mussel dealers shall supply, upon request from the director of wildlife resources agency or the director's agent, reports detailing the quantities of fish and mussels purchased. Records shall be made available for inspection upon request by agents during normal business hours.
(b)
Possession of commercial fishing gear on, or immediately adjacent to, any waters closed due to contamination, or possession of any species of fish, turtle or other aquatic animal life taken from waters closed to that species due to contamination is punishable as a Class A misdemeanor. Additionally, such person shall be prohibited from engaging in commercial fishing for not less than six (6) years.
(c)
(1)
It is unlawful to use or possess dynamite, an electrical device, explosives, chemicals, lime or poison to kill or stun fish, or to attempt to do so.
(2)
A violation of subdivision (c)(1) is a Class B misdemeanor.
(3)
Each fish killed and each stick of dynamite or dynamite cap used is a separate offense.
(4)
The executive director, or the executive director's designated agents, may use any substance, chemical, or device to stun or kill fish for scientific, propagating, enforcement or rescue purposes, and may use poison in certain waters or lakes of the state where it is necessary to remove or eradicate undesirable species of fish from the waters.
Amended by 2023 Tenn. Acts, ch. 61, s 3, eff. 7/1/2023.
Acts 1951, ch. 115, §§ 23, 29; 1953, ch. 226, §§ 1, 2 (Williams, §§ 5178.52, 5178.58); Acts 1957, ch. 386, § 4; 1959, ch. 126, § 2; 1961, ch. 256, § 1; 1971, ch. 414, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1978, ch. 738, § 22; 1980, ch. 633, § 1; 1982, ch. 807, § 1; T.C.A. (orig. ed.), §§ 51-437, 51-438; Acts 1987, ch. 156, § 1; 1989, ch. 486, § 16; 1989, ch. 591, § 113; 1990, ch. 610, § 1; 1990, ch. 891, §§ 16-18; 1990, ch. 981, § 3; 1994, ch. 727, § 6; 1999, ch. 91, § 2; 2012 , ch. 993, § 13.