(Tenn. Code Ann. § 70-4-301 (1995))
TENNESSEE CODE ANNOTATED
TITLE 70 WILDLIFE RESOURCES
CHAPTER 4 MISCELLANEOUS REGULATIONS |
Part 3-- Hunter Protection Act
70-4-301 Definitions.
As used in this part, unless the context otherwise requires:
(1) "Taking" means the capture or killing of a wild animal and
includes travel, camping, and other acts preparatory to taking which
occur on lands or waters upon which the affected person has the right
or privilege to take such wild animal; and
(2) "Wild animal" means any wild creature, the taking of which is
authorized by the fish and game laws of the state. [Acts 1985, ch.
100, § 2.]
70-4-302 Violations -- Penalty. --
Any person who performs any of the following commits a Class C
misdemeanor:
(1) Interferes with the lawful taking of a wild animal by another
with intent to prevent the taking;
(2) Disturbs or engages in an activity that will tend to disturb wild
animals, with intent to prevent their lawful taking;
(3) Disturbs another person who is engaged in the lawful taking of a
wild animal or who is engaged in the process of taking, with intent
to dissuade or otherwise prevent the taking;
(4) Enters or remains upon public lands, or upon private lands
without permission of the owner or the owner's agent, with intent to
violate this section; or
(5) Fails to obey the order of a peace officer to desist from conduct
in violation of this section if the officer observes such conduct, or
has reasonable grounds to believe that the person has engaged in such
conduct that day or that the person plans or intends to engage in
such conduct that day on a specific premises. [Acts 1985, ch. 100, §
3; 1989, ch 591, § 113.]
70-4-303 Injunctions -- Damages -- Construction.
(a) Any court may enjoin conduct which would be in violation of §
70-4-302 upon petition by a person affected or who reasonably may be
affected by such conduct, upon a showing that such conduct is
threatened or that it has occurred on a particular premises in the
past and that it is not unreasonable to expect that under similar
circumstances it will be repeated.
(b) A court may award damages to any person adversely affected by a
violation of § 70-4-302, which may include an award for punitive
damages. In addition to other items of special damage, the measure of
damages may include expenditures of the affected person for license
and permit fees, travel, guides, special equipment and supplies, to
the extent that such expenditures were rendered futile by prevention
of the taking of a wild animal.
(c) No provision of this part shall be construed to prohibit or
otherwise restrict any landowner, tenant, or employee of a landowner
from engaging in normal activities on or normal use of the land or
property, and such activities or use shall not be deemed unlawful
pursuant to any provision of this part. No provision of this part
shall be construed so as to interfere with the right of the landowner
to prohibit trespass upon the landowner's property by any person.
[Acts 1985, ch. 100, s 4.] |
Questions, answers and
tips
about big game hunting can be found in our
Hunting Discussion Forums. |