Tennessee § 70-2-205 - Commercial fishing and musseling. [See the Compiler's Notes.]

§ 70-2-205. Commercial fishing and musseling. [See the Compiler's Notes.]

Any person, firm or corporation, before engaging in the business of a commercial fisher or commercial musseler, as defined under subsection (b), shall have in possession the requisite license prescribed in this section. A “commercial fisher” is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1). A “commercial musseler” is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange. “Person” includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations. The license and fees to be paid for a commercial license are as follows: RESIDENT NONRESIDENT To take fish only $125.00 $500.00 To take mussels only 125.00 750.00 A commercial helper's license may be issued without limit as to numbers to any commercial fisher upon paying for each license the appropriate fee required for a commercial fisher. A “commercial helper” is any person who assists a commercial fisher in handling fishing gear, operation of motors or any other act of assistance to the commercial fisher while in the vessel with the commercial fisher. Each commercial fisher must have in personal possession a commercial helper's license for each helper on board the vessel at any time. Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law. In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses. This section does not apply to a resident of Tennessee who is seventy (70) or more years of age, and such person is not required to purchase any license required by this section in order to carry on the businesses enumerated in subsection (b). Nonresidents residing in states that do not permit the sale of nonresident licenses to residents of Tennessee are prohibited from engaging in the business of a “commercial fisher” or “commercial musseler” in Tennessee. Acts 1951, ch. 115, § 11; 1953, ch. 26, § 1 (Williams, § 5178.40); Acts 1955, ch. 225, § 1; 1957, ch. 323, § 1; 1957, ch. 382, § 1; 1965, ch. 323, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 241, § 3; 1979, ch. 409, § 1; 1980, ch. 565, § 1; 1982, ch. 738, § 4; T.C.A. (orig. ed.), § 51-211; Acts 1983, ch. 385, § 1; 1989, ch. 486, § 8; 1990, ch. 891, § 8; 1994, ch. 727, § 5; 2000, ch. 905, §§ 1, 2. Compiler's Notes. For the most up-to-date fee schedule, refer to the Tennessee wildlife resources agency website at http://www.tn.gov/twra/. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Attorney General Opinions. The definition of “commercial fisher” does not encompass fishing guides, charter boat operators, tournament fishermen or others not directly engaged in the business of taking fish for sale, barter or exchange, OAG 07-144, 2007 Tenn. AG LEXIS 144 (10/12/07).