[See the Compiler’s Notes.]

(a) Any person, firm or corporation, before engaging in the businesses described in this section, must purchase a fish dealer’s license:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 70-2-221

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executive director: means the executive director of the wildlife resources agency. 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
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
(1)

(A) A “bait dealer” engages in the business of capturing legal species of fish or other aquatic life for the purpose of sale or the selling of legal species of fish and other aquatic life for bait;
(B) Each bait dealer shall make a monthly report to the executive director on forms provided as to the number of minnows sold and shall indicate the source of supply of such minnows; provided, that the executive director may, in the executive director’s discretion, require only those monthly reports that the executive director may deem necessary; and
(C) The wildlife resources agency is empowered to inspect any shipment of live minnows, and if found diseased, may cause the shipment to be destroyed without being liable for damage for such destruction;
(2) “Catch-out operation” is the business of making legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to procure them by purchase;
(3)

(A) “Fish farming” is the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities; and
(B) Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license.
(b) These businesses shall be operated under rules and regulations promulgated by the wildlife resources agency.
(c) [Deleted by 2021 amendment.]
(d) Each license issued shall cover all operations of a single business conducted within the exterior boundaries of the same tract of land owned or leased by the person, firm or corporation.
(e) Any person, firm or corporation violating this section commits a Class C misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).
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