[Effective 7/1/2024]

(a) There is hereby declared a closed season upon all hunting and fishing in this state upon all wildlife protected by the laws of the state.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 70-4-107 v2

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Angling: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
  • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
  • Hours: means the hours of the day or night when wildlife may be taken lawfully. See Tennessee Code 70-1-101
  • Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
(b) Whenever the supply of game or fish, or both, existing in any area, lake or stream shall become adequate to allow the taking or hunting, or both, of the game or fish without material danger of extinction or undue depletion of such game or fish, then it is lawful for any person to hunt or fish, or both, in the area, lake or stream within the creel, size, and bag limits, and in the manner and by the means prescribed by the fish and wildlife commission.
(c)

(1) The fact as to whether or not the supply of game or fish, or both, is at any time adequate to allow the taking of game or fish without the danger of extinction or undue depletion shall be determined by the commission, after a complete survey of the area in question.
(2) If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth. Upon such announcement by the commission, it is lawful for any person within the area so designated by the commission to take game or fish, or both, of the species mentioned by the commission.
(3) The proclamations shall become effective thirty (30) days after filing with the secretary of state. During emergency conditions, seasons may be closed, reopened, or extended summarily. A copy of all proclamations issued by the commission shall be immediately filed with the secretary of state and be made available on the Tennessee wildlife resources agency website.
(4) The commission shall annually publish a list of such wildlife as are deemed destructive or not to be protected by law, or both.
(d) During any such open season as promulgated by the commission, the provisions of all general game and fish laws shall remain in full force and effect with reference to the method and manner of hunting and fishing and all other restrictions and provisions as to the taking of wild animals and fish as now or hereafter appear in the general game and fish laws.
(e) The commission has exclusive authority over the taking of game and fish, except to the extent such authority involves the regulation of the alteration of aquatic resources or other matters regulated under title 69, chapter 3. In issuing a proclamation under this part, the commission shall:

(1) Consider the recommendations of professional fish and wildlife biologists; and
(2) Recognize the lawful taking of game, including, but not limited to, hunting, angling, and trapping, as the preferred method of wildlife management and conservation within this state.
(f)

(1) The commission may establish open seasons, bag and creel limits for the taking of game and fish on state lands, including lands leased by the state for wildlife management purposes, and may make any regulations it may deem needful to promote the best interest and enforce these provisions by means of rules and directions.
(2) A violation of this subsection (f) is a Class B misdemeanor.
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