§ 70-2-101 — Taking wildlife without license - Migratory waterfowl stamps - Licenses nontransferable - Revocation or suspension - Penalties

(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 (2) Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one (1) year to be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.

Legislative History

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.