70-4-116 - Hunting, killing and possession of deer, bear, wild elk, wild boar and wild turkey Transporting Tagging Penalties.
70-4-116. Hunting, killing and possession of deer, bear, wild elk, wild boar and wild turkey Transporting Tagging Penalties.
(a) Notwithstanding any law or any public or private act to the contrary, it is unlawful for any person to hunt or take deer, bear, wild elk or wild boar with any shotgun using ammunition loaded with more than one (1) solid ball or rifled slug, or with any rifle using rim-fire cartridges. Bows and arrows are prohibited except as prescribed by the wildlife resources commission.
(b) It is unlawful to hunt, pursue, capture, possess, transport or store any deer, wild turkey, bear, wild elk or wild boar, either male or female, in this state, at any time or in any area other than at times and within the area designated by the commission in its promulgation of open seasons, as provided by this title.
(c) Subsections (a)-(c) do not apply when such deer, wild turkey, bear, wild elk or wild boar has been killed outside the boundaries of this state. Possession of such game in any closed season or boundary, except as provided in subsection (e), is prima facie evidence of guilt under this section. Any person found in possession of a deer, wild turkey, bear, wild elk or wild boar and claiming that it was killed outside the state shall present to the executive director, or to any court hearing a cause pursuant to this title, sufficient proof to establish that the animal was so killed.
(d) (1) Any person killing or possessing, or both, a deer, wild turkey, bear, wild elk or wild boar shall tag the animal in accordance with procedures set out in the proclamation. Any deer, wild turkey, bear, wild elk or wild boar that has not been tagged in accordance with the provisions of this chapter or any proclamation promulgated in accordance with this title may be confiscated and disposed of as provided by law.
(2) The commission is authorized to issue special quota harvest tags for certain species, or sexes of species, requiring limited harvest. The commission is authorized to adopt rules and regulations that would permit granting to landowners special consideration in the issuance of special quota harvest tags.
(3) A violation of this subsection (d) is a Class C misdemeanor.
(e) (1) A violation of subsections (a)-(c) is a Class B misdemeanor except that a violation of any of these subsections relative to wild elk shall be a Class A misdemeanor. It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.
(2) In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of subsections (a)-(c), setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year.
(f) When any person illegally or improperly kills or possesses a dead deer, wild turkey, bear, wild elk or wild hog, the agency may, in its discretion, also seek civil damages against such person in the appropriate court. All damages so recovered shall be payable to the agency and shall not be less than two hundred dollars ($200) for each deer, wild turkey, bear or wild hog so killed or possessed nor less than one thousand dollars ($1,000) for each wild elk so killed or possessed.
(g) The court shall have authority to order payment of restitution to the wildlife resources agency as part of punishment for any person convicted of illegally or improperly killing or possessing a wild elk. In addition to any other relevant factors to consider when determining the amount of restitution, the court shall include the costs associated with the reintroduction of a wild elk. Notwithstanding any provision of law to the contrary, a farmland owner, lessee or designee may take an elk found within a no elk zone when such owner, lessee or designee reasonably believes the elk is causing or has caused damage to such owner's property. In all other situations, the farmland owner, lessee or designee shall first provide the agency an opportunity to relocate the elk. The no elk zone shall be defined by the commission.
[Acts 1951, ch. 115, §§ 42, 43, 47; 1953, ch. 226, § 3 (Williams, §§ 5178.71, 5178.72, 5178.76); Acts 1957, ch. 382, § 6; 1957, ch. 384, § 1; 1959, ch. 145, § 4; 1961, ch. 198, §§ 2, 3; 1970, ch. 597, § 1; 1973, ch. 288, § 1; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1974, ch. 481, § 21; 1975, ch. 244, § 1; 1976, ch. 681, § 1; 1978, ch. 626, § 1; 1979, ch. 198, § 1; 1980, ch. 644, § 1; 1982, ch. 701, §§ 4-6; 1982, ch. 738, § 20; T.C.A. (orig. ed.), §§ 51-425, 51-426, 51-429; Acts 1983, ch. 385, § 4; 1984, ch. 551, § 1; 1985, ch. 310, § 1; 1988, ch. 592, §§ 1-3; 1989, ch. 591, § 113; 1990, ch. 891, § 14; 1990, ch. 981, § 3; 1999, ch. 91, § 1; 2001, ch. 103, §§ 1-4; 2006, ch. 615, § 1; 2008, ch. 715, § 1.]