2014 Tennessee Code
Title 70 - Wildlife Resources
Chapter 4 - Miscellaneous Regulations
Part 1 - Hunting and Fishing
§ 70-4-120 - Trapping, snaring or baiting regulations -- Penalties for violations -- Snare traps -- Use of tamed quail to train bird dogs.

(a) (1) (A) 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.

(B) Steel traps placed about a hole, cave or den or about a hollow log, hollow stump or any like place shall be placed twelve (12) or more inches from the entrance of any like place, and it is unlawful to place steel traps in the open, except for water sets. Nothing in this subdivision (a)(1)(A) prohibits the placement of cushion-hold traps in the open when the person so trapping has specific permission in the form of written consent of the owner to place the trap on the top of the ground.

(C) All traps shall be inspected within each thirty-six (36) hours and any animal or fowl caught in the traps shall be removed.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

(2) (A) Notwithstanding this section or any other law to the contrary, in Dyer County at all times and in all places, it is unlawful for any person to set or place a snare trap for the purpose of catching or killing any wild animal. This subdivision (a)(2) does not apply to a landowner who sets or places a snare trap within the boundaries of such owner's own land or to any person who is acting as the duly appointed agent or representative of the Obion-Forked Deer Basin authority. A violation of this subdivision (a)(2) is punishable in accordance with subdivision (a)(1)(G).

(B) This subdivision (a)(2) has no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Dyer County. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by such officer to the secretary of state.

(b) 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.