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Tennessee

West's Tennessee Code Annotated. Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 2. Wildlife Regulation and Protection

Statute Details
Printable Version
Citation: T. C. A. 70-4-201 - 211

Citation: TN ST 70-4-201 - 211


Last Checked by Web Center Staff: 11/2013

Summary:   These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. A violation is a Class A misdemeanor, unless wildlife is valued at $500 dollars or more, which then makes it a Class E felony. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife.


Statute in Full:

 

§ 70-4-201. Protected wildlife; crimes and offenses

§ 70-4-202. Illegally taken wildlife; hides or parts; use or possession; liability

§ 70-4-203. Protected wildlife; transportation; crimes and offenses

§ 70-4-204. Cold storage; crimes and offenses

§ 70-4-205. State controlled water areas; crimes and offenses

§ 70-4-206. Water pollution; crimes and offenses; public nuisances

§ 70-4-207. Wildlife resources commission; signs or notices; destruction; crimes and offenses

§ 70-4-208. Skunks; imports; crimes and offenses

§ 70-4-209. Red fox hides, furs or pelts; sales

§ 70-4-210. Deer and squirrels; hides, pelts and tails; sales

§ 70-4-211. Watercourse mouths; fishing equipment; crimes and offenses

 

 

§ 70-4-201. Protected wildlife; crimes and offenses

(a) It is unlawful for any person, firm or corporation, any restaurant, club, or hotel in this state to barter, sell, transfer or offer for sale, or to purchase, or offer to purchase, any of the wildlife except as provided within this title or in rules and regulations promulgated by the commission.

(b) Each unlawful sale, purchase, offer for sale or purchase, transfer, or possession with the intent to sell, barter or transfer for any consideration of a wild animal or wild bird, wild fowl or game fish, or part thereof, is a separate offense.

(c) Any person hiring another to kill or capture wildlife and receiving the wildlife is deemed to be buying the wildlife and is subject to the penalties of this title. Officers of the wildlife resources agency or persons specially employed or designated by the executive director or by the United States fish and wildlife service may capture, buy, sell, or offer to capture, buy or sell wild birds or wild animals, or parts thereof, for the sole purpose of obtaining evidence of violation of this title. The carcass of a lawful possession limit of opossum, raccoon or beaver may be bought, sold or shipped for sale during the open hunting or trapping season.

(d) A violation of this section is a Class A misdemeanor; except that any violation of this section involving wildlife valued at five hundred ($500) dollars or more is a Class E felony.

CREDIT(S)

1951 Pub.Acts, c. 115, § 62; 1959 Pub.Acts, c. 145, § 4; 1973 Pub.Acts, c. 174, §§ 2, 3; impl. am. by 1974 Pub.Acts, c. 481, §§ 6, 7; 1974 Pub.Acts, c. 481, § 21; 1979 Pub.Acts, c. 194, § 1; 1981 Pub.Acts, c. 197, § 2; 1982 Pub.Acts, c. 738, § 26; 1984 Pub.Acts, c. 552, § 1; 1986 Pub.Acts, c. 531, § 2; 1986 Pub.Acts, c. 882, §§ 17, 18; 1989 Pub.Acts, c. 591, § 113; 1990 Pub.Acts, c. 891, § 19; 1990 Pub.Acts, c. 981, § 3; 1998 Pub.Acts, c. 909, §§ 2, 4, eff. July 1, 1998.

 

§ 70-4-202. Illegally taken wildlife; hides or parts; use or possession; liability

Any person who makes any use of or has in possession any wild animals, wild animals' green hides, wild birds, wild fowl or fish or parts thereof that have been caught, taken, killed or destroyed contrary to any of the provisions of this title shall be equally liable under the provisions of this title for the penalties imposed against the person who caught, took, killed, or destroyed such wild animals, wild animals' green hides, wild birds, wild fowl or fish who was formerly in possession of same.

CREDIT(S)

1951 Pub.Acts, c. 115, § 58; 1982 Pub.Acts, c. 738, § 27.

 

§ 70-4-203. Protected wildlife; transportation; crimes and offenses

(a) Any person who desires to take protected game or fish out of the state may do so under the following conditions, but not otherwise:

(1) Such person must have in possession at the time of such taking out of the state, or at the time of transporting within the state, a hunting and fishing license, duly issued to such person under the provisions of this title; and

(2) Such person cannot take from the state more than two (2) days' bag or creel limit on ducks or other migratory birds or protected game or fish.

(b) Any officer of the wildlife resources agency, or assistant officer of the wildlife resources agency, sheriff, deputy sheriff, constable or other officer has the right to demand of any person possessing game and proposing to take it out of the state an inspection of such person's license. A refusal on the part of the person to exhibit the license is a Class C misdemeanor.

(c) Any resident hunter may have game or fish transported home by filing with the common carrier a written statement with name and address, the number of such person's hunting license, and the number of game or fish to be so transported, and that the game or fish was legally killed by such person and is not for sale. A copy of the statement shall be attached to such person's game, or to whatever the game may be enclosed in.

(d) It is unlawful for any person, company or common carrier to ship or transport any birds, game fish or animals as mentioned in this section, except as otherwise provided in this title, without having ascertained that the person offering the same for shipment was then and there in possession of a hunting and fishing license duly issued and covering the period when the shipment was offered, and without requiring such person to accompany the shipment.

(e) A violation of this section is a Class C misdemeanor.

CREDIT(S)

1951 Pub.Acts, c. 115, §§ 59, 60; 1953 Pub.Acts, c. 255, § 5; 1959 Pub.Acts, c. 145, § 4; 1974 Pub.Acts, c. 481, § 21; 1989 Pub.Acts, c. 591, § 113.

 


§ 70-4-204. Cold storage; crimes and offenses

(a)(1) No person, firm or corporation shall place in cold storage at any one (1) time more than two (2) days' bag or creel limit of any wild animals, wild birds, wild fowl, or game fish.

(2) No person shall place in commercial cold storage any wild animals, wild birds, wild fowl, or game fish without first filling out and filing with the storage company an affidavit stating that the same has been lawfully killed or caught and is stored for the affiant's own use and benefit and not for sale. No person, firm or corporation engaged in the business of cold storage shall receive any wild animals, wild birds, wild fowl or game fish, unless such affidavit has been made by the person storing and delivering to the storage concern. The storage concern shall post the affidavit upon a book kept for this purpose, which book shall be open at all times to the executive director or officers of the wildlife resources agency.

(b) A violation of this section is a Class C misdemeanor. Each wild bird, wild animal, or wild fowl or game fish stored in violation of this section is a separate offense.

CREDIT(S)

1951 Pub.Acts, c. 115, § 61; 1959 Pub.Acts, c. 145, § 4; impl. am. by 1974 Pub.Acts, c. 481, §§ 6, 7; 1974 Pub.Acts, c. 481, § 21; 1989 Pub.Acts, c. 591, § 113.

 


§ 70-4-205. State controlled water areas; crimes and offenses

(a)(1) In those places where any state agency or unit of state government owns in fee simple or controls through lease agreement water areas and the lands bordering such waters, it is illegal for individuals, persons, firms, corporations, or partnerships to place houses, docks, floats on, or to use as a landing area for boats, or to use for any purpose whatsoever, state-owned or controlled lands or waters, unless such rights and privileges are held by a signed, written agreement, for which a fee may be charged.

(2) Where the lands are privately owned and the lake waters state owned or controlled, it is illegal to set up boat docks, fish docks, floats, or in any way use or attempt to use the state-owned waters for these purposes.

(b) Each twenty-four (24) hour period during which a violation of the provisions of this section persists or exists is a separate offense and is punishable as such.

(c) A violation of this section is a Class C misdemeanor.

CREDIT(S)

1951 Pub.Acts, c. 115, § 55; 1953 Pub.Acts, c. 255, § 4; 1982 Pub.Acts, c. 738, § 28; 1989 Pub.Acts, c. 591, § 113.

 

§ 70-4-206. Water pollution; crimes and offenses; public nuisances

(a) No pollution, including, but not limited to, dye waste, petroleum products, brine waste, refuse from a mine, sawmill or construction activity, industrial or domestic sewage, or any deleterious or poisonous substance or activity, shall be thrown or be caused, or allowed to run into, wash into or take place in any waters, either private or public, in a manner injurious to fish life or other aquatic organisms, or that could be injurious to the propagation of fish, or that results in the destruction of habitat for fish and aquatic life.

(b) A violation of this section is a Class A misdemeanor. Each day's violation of this section constitutes a separate offense and each five (5) days' continuous violation also constitutes a public nuisance, subject to abatement by permanent injunction.

CREDIT(S)

1951 Pub.Acts, c. 115, § 28; 1982 Pub.Acts, c. 738, § 29; 1989 Pub.Acts, c. 591, § 111; 1990 Pub.Acts, c. 891, § 20.

 

§ 70-4-207. Wildlife resources commission; signs or notices; destruction; crimes and offenses

(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.

CREDIT(S)

1951 Pub.Acts, c. 115, § 57; impl. am. by 1974 Pub.Acts, c. 481, § 21; 1982 Pub.Acts, c. 738, § 30; 1989 Pub.Acts, c. 591, § 113; 2012 Pub.Acts, c. 993, § 13, eff. June 30, 2012.

 


§ 70-4-208. Skunks; imports; crimes and offenses

(a) It is unlawful for any person to import, possess, or cause to be imported into this state any type of live skunk, or to sell, barter, exchange or otherwise transfer any live skunk, except that the prohibitions of this section shall not apply to bona fide zoological parks and research institutions.

(b) A violation of this section is a Class C misdemeanor.

CREDIT(S)

1974 Pub.Acts, c. 622, § 1; 1982 Pub.Acts, c. 738, § 31; 1989 Pub.Acts, c. 591, § 113.

 

§ 70-4-209. Red fox hides, furs or pelts; sales

(a)(1) It is unlawful to buy or sell green hides, raw furs or pelts of a red fox, except as provided in subsection (b) or in counties open to the lawful taking of red fox.

(2) A violation of this subsection (a) is a Class C misdemeanor.

(b) When a red fox is legally killed, it is lawful to buy or sell green hides, raw furs or pelts of such red fox at any time in counties with the following population, according to the 1970 federal census or any subsequent federal census:

not less than
 
nor more than
5,800
 
5,900
7,400
 
7,450
7,600
 
7,650
8,000
 
8,100
12,300
 
12,350
12,550
 
12,650
13,500
 
13,600
13,610
 
13,700
14,850
 
14,900
19,400
 
19,500
20,200
 
20,300
20,700
 
20,800
21,900
 
22,000
22,400
 
22,500
22,600
 
22,700
25,500
 
26,000
26,000
 
26,100
28,000
 
28,100
28,800
 
28,900
30,400
 
30,500
32,500
 
32,600
33,700
 
33,800
35,470
 
35,500
36,900
 
37,000
38,800
 
38,900
47,800
 
47,900
56,200
 
56,300
60,250
 
60,350
61,000
 
63,500
65,700
 
65,800
127,300
 
127,400


 

CREDIT(S)

1973 Pub.Acts, c. 158, § 1; 1977 Pub.Acts, c. 419, § 1; 1978 Pub.Acts, c. 756, § 1; 1979 Pub.Acts, c. 329, §§ 1 to 3; 1983 Pub.Acts, c. 27, § 1; 1983 Pub.Acts, c. 272, § 1; 1983 Pub.Acts, c. 443, § 1; 1984 Pub.Acts, c. 593, § 1; 1984 Pub.Acts, c. 775, § 1; 1985 Pub.Acts, c. 3, § 1; 1985 Pub.Acts, c. 74, § 1; 1985 Pub.Acts, c. 235, § 1; 1986 Pub.Acts, c. 531, §§ 3, 4; 1988 Pub.Acts, c. 639, § 1; 1989 Pub.Acts, c. 591, § 113.

 


§ 70-4-210. Deer and squirrels; hides, pelts and tails; sales

Notwithstanding any provision of law to the contrary, it is lawful for any person to buy, sell, store, or ship for sale, at any time the hides of deer and the pelts and tails of grey squirrels and fox squirrels taken during the open season.

CREDIT(S)

1983 Pub.Acts, c. 109, § 1.

 


§ 70-4-211. Watercourse mouths; fishing equipment; crimes and offenses

(a) It is unlawful for any person, while fishing, to use any nets, seines, snag lines, drag lines, grab hooks, or baskets, or any other form of fishing equipment, or other obstruction of any character to the free passage of fish within one hundred (100) yards of the mouth of any river, creek, slough, inlet or outlet, except bait or casting plugs with not more than three (3) treble hooks attached, ordinary fly fishing equipment, and pole and line with not more than three (3) single hooks attached.

(b) For the purposes of this section, “mouth of a stream” means the location of a line resulting from the projection or extension of the banks of the main stream that receives the tributary, except in the case of streams entering waters impounded by hydroelectric or flood control dams, in which case the mouth of the entering stream is defined as the line where the free, downstream movement of natural water is visibly reduced or retarded by the level of the impounded waters in the main stream.

(c) A violation of this section is a Class C misdemeanor.

CREDIT(S)

1983 Pub.Acts, c. 281, § 1; 1989 Pub.Acts, c. 591, § 113.

 

 



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