70-4-113 - Use of bait, pitfalls and certain other devices in taking birds and animals prohibited Penalty Exceptions.
70-4-113. Use of bait, pitfalls and certain other devices in taking birds and animals prohibited Penalty Exceptions.
(a) It is unlawful for any person at any time to make use of any pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns, spotlights, electric lights or torches, bait, which includes any grain, or mixture of any ingredients, used as or for food purposes, or other devices for the purpose of killing, injuring, or capturing any birds or animals protected by the wildlife laws of this state, except as otherwise expressly provided.
(b) The executive director or the executive director's designees may use any chemical, biological substance, poison or device under controlled conditions to capture or kill any bird or animal for scientific, propagating, enforcement, humane or rescue purposes or when it is considered necessary by the executive director to reduce or control any species that may be detrimental to human safety, health or property. No action on the part of the executive director, directed to the control of rabies or other diseases spread from wildlife to human beings, shall be taken until the following conditions have been met:
(1) The county board of health in the affected county shall have met in open session and, by appropriate resolution, declared that a condition detrimental to the human safety, health or property exists within the affected county:
(2) An official quarantine by the county board of health has been established on all dogs, cats and pets in the county; and
(3) An official request has been made by the county board of health, through and with the concurrence of the commissioner of health, to the executive director to take such action as is necessary by the executive director or the executive director's designees and by such means as are authorized in this section to bring the disease under control in the affected county. This subsection (b) is effective in every county in this state.
(c) A violation of this section is a Class C misdemeanor; provided, that spot, electric or torch lights may be used in the hunting and taking of raccoons, opossums and frogs, and box traps may be used for the taking of rabbits during the open shooting season for the same.
[Acts 1951, ch. 115, § 37 (Williams, § 5178.66); Acts 1957, ch. 382, § 4; 1965, ch. 43, §§ 1, 2; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1982, ch. 738, § 17; T.C.A. (orig. ed.), § 51-421; Acts 1989, ch. 591, § 113; 1990, ch. 891, § 12.]