Tennessee § 70-4-120 - Trapping, snaring or baiting regulations — Penalties for violations — Snare traps — Use of tamed quail to train bird dogs.

§ 70-4-120. Trapping, snaring or baiting regulations — Penalties for violations — Snare traps — Use of tamed quail to train bird dogs.

It is unlawful for any person, except as provided in this chapter, to set or place any trap or snare, or bait any trap or device, upon the lands of, or in the waters adjoining the lands of, any person, for the purpose of catching or killing any wild animal upon the lands of another, except during the open season on such animals, and then only after such person has obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting the devices; provided, that nets, spring poles and deadfalls are prohibited at all times and all places. The commission shall promulgate rules or adopt proclamations, as necessary, to: Determine the types of steel traps that may be used in the taking of wild animals; and Regulate the placement of steel traps. The commission shall promulgate rules or adopt proclamations, as necessary, to establish inspection requirements for steel traps used in the taking of wild animals. Persons trapping upon the lands of another shall at once make to the owner of the lands a full written report of the head of fowl, stock, or dog caught in the steel trap or other trapping device set by such person, giving the date the fowl, stock or dog was caught, with a full description of the fowl, stock or dog. When damage is done to any person's fowl, stock, dogs or the like by reason of being caught by the device, the one setting or placing the device shall be liable for all damages done by such device. All traps set or used for the purpose of taking any wild animals shall be stamped with the owner's name in such manner that the same shall be legible at all times. Any trap or traps found that are not stamped may be confiscated or destroyed. Any person violating this section commits a Class C misdemeanor and also is prohibited from trapping or engaging in the business of buying or selling furs for a period of time of not less than one (1) year, or both. Any person who traps or engages in the business of buying or selling furs during the period commits a Class C misdemeanor. It is lawful at all times for any person to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye and the training of the bird dogs shall be conducted under such rules and regulations as may be promulgated by the fish and wildlife commission. Acts 1951, ch. 115, § 48 (Williams, § 5178.77); Acts 1971, ch. 381, §§ 1, 2; 1974, ch. 481, § 21; 1980, ch. 655, § 1; 1981, ch. 197, § 3; T.C.A. (orig. ed.), § 51-439; Acts 1985, ch. 148, § 2; 1985, ch. 253, § 1; 1988, ch. 772, § 1; 1988, ch. 915, §§ 1, 2; 1989, ch. 591, § 113; 1997, ch. 158, §§ 1, 2; 2003, ch. 46, § 1; 2008, ch. 675, § 1; 2012, ch. 993, § 13; 2017, ch. 203, §§ 2-4. Cross-References. General assembly empowered to protect game and fish, Tenn. Const., art. XI, § 13. Penalty for Class C misdemeanor, § 40-35-111 .