§ 70-4-116 — Hunting, killing and possession of deer, bear, wild elk and wild turkey - Transporting - Tagging - Penalties

Tennessee § 70-4-116

• Jurisdiction: Tennessee
• Title: 70

Text

(a) Notwithstanding any law or any public or private act to the contrary, it is unlawful for any person to hunt or take deer, bear or wild elk with any shotgun using ammunition loaded with more than one (1) solid ball or rifled slug, or with any rifle using rim-fire cartridges. Bows and arrows are prohibited except as prescribed by the fish and wildlife commission. (b) It is unlawful to hunt, pursue, capture, possess, transport or store any deer, wild turkey, bear or wild elk either male or female, in this state, at any time or in any area other than at times and within the area designated by the commission in its promulgation of open seasons, as provided by this title. (c) Subsections (a)-(c) do not apply when such deer, wild turkey, bear or wild elk has been killed outside the boundaries of this state. Possession of such game in any closed season or boundary, except as provided in subsection (e), is prima facie evidence of guilt under this section. Any person found in possession of a deer, wild turkey, bear or wild elk and claiming that it was killed outside the state shall present to the executive director, or to any court hearing a cause pursuant to this title, sufficient proof to establish that the animal was so killed. (d) (1) Any person killing or possessing, or both, a deer, wild turkey, bear or wild elk shall tag the animal in accordance with procedures set out in the proclamation. Any deer, wild turkey, bear or wild elk that has not been tagged in accordance with this chapter or any proclamation promulgated in accordance with this title may be confiscated and disposed of as provided by law. (2) The commission is authorized to issue special quota harvest tags for certain species, or sexes of species, requiring limited harvest. The commission is authorized to adopt rules and regulations that would permit granting to landowners special consideration in the issuance of special quota harvest tags. (3) A violation of this subsection (d) is a Class C misdemeanor. (e) (1) A violation of subsections (a)-(c) is a Class B misdemeanor except that a violation of any of these subsections relative to wild elk shall be a Class A misdemeanor. 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. (2) In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of subsections (a)-(c), 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. (f) (1) In addition to the punishments authorized by this title, any court that convicts a person of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in violation of this title may order that person to pay restitution for the animal to the agency in the following amount: (A) Not less than one thousand dollars ($1,000) per animal, for each of the following that is illegally killed or possessed: (i) Wild turkey; (ii) White-tailed deer with no antlers; and (iii) Antlered white-tailed deer with less than eight (8) antler points; (B) Not less than one thousand five hundred dollars ($1,500) per animal, for each of the following that is illegally killed or possessed: (i) Wild elk with no antlers; and (ii) Antlered wild elk with less than eight (8) antler points; (C) Not less than one thousand dollars ($1,000) per animal plus five hundred dollars ($500) per antler point, for each antlered white-tailed deer with at least eight (8) but not more than ten (10) antler points that is illegally killed or possessed; (D) Not less than one thousand dollars ($1,000) per animal plus seven hundred fifty dollars ($750) per antler point, for each antlered white-tailed deer with eleven (11) or more antler points that is illegally killed or possessed; (E) Not less than one thousand five hundred dollars ($1,500) per animal plus five hundred dollars ($500) per antler point, for each antlered wild elk with at least eight (8) but not more than ten (10) antler points that is illegally killed or possessed; (F) Not less than one thousand five hundred dollars ($1,500) per animal plus seven hundred fifty dollars ($750) per antler point, for each antlered wild elk with eleven (11) or more antler points that is illegally killed or possessed; and (G) Not less than five thousand dollars ($5,000) per animal, for each bear that is illegally killed or possessed and for each bear cub that is orphaned by the illegal killing or possession of a bear. (2) (A) If the conviction is based on the killing or possession of a wild elk and the court orders restitution pursuant to subdivision (f)(1), in addition to any other relevant factors to consider when determining the amount of restitution, the court shall also include the costs associated with the reintroduction of a wild elk. (B) Notwithstanding any provision of law to the contrary, a farmland owner, lessee, or designee may take an elk found within a "no elk zone" when the owner, lessee, or designee reasonably believes the elk is causing or has caused damage to the owner's property. In all other situations, the farmland owner, lessee, or designee shall first provide the agency an opportunity to relocate the elk. The "no elk zone" shall be defined by the commission. (g) In addition to the punishments authorized by this title, any court that convicts a person of killing or possessing a white-tailed deer, wild turkey, bear, or wild elk in violation of this section shall revoke any license that was issued to the person under this title until the person has paid in full all restitution that the court ordered the person to pay.

Legislative History

Amended by 2015 Tenn. Acts, ch. 370,s 1, eff. 7/1/2015. Acts 1951, ch. 115, §§ 42, 43, 47; 1953, ch. 226, § 3 (Williams, §§ 5178.71, 5178.72, 5178.76); Acts 1957, ch. 382, § 6; 1957, ch. 384, § 1; 1959, ch. 145, § 4; 1961, ch. 198, §§ 2, 3; 1970, ch. 597, § 1; 1973, ch. 288, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1975, ch. 244, § 1; 1976, ch. 681, § 1; 1978, ch. 626, § 1; 1979, ch. 198, § 1; 1980, ch. 644, § 1; 1982, ch. 701, §§ 4-6; 1982, ch. 738, § 20; T.C.A. (orig. ed.), §§ 51-425, 51-426, 51-429; Acts 1983, ch. 385, § 4; 1984, ch. 551, § 1; 1985, ch. 310, § 1; 1988, ch. 592, §§ 1-3; 1989, ch. 591, § 113; 1990, ch. 891, § 14; 1990, ch. 981, § 3; 1999, ch. 91, § 1; 2001, ch. 103, §§ 1 - 4; 2006, ch. 615, § 1; 2008, ch. 715, § 1; 2011, ch. 283, §§ 2-5; 2012, ch. 993, § 13.