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| 8 | 8 | | |
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| 9 | 9 | | HB0938 |
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| 10 | 10 | | 002186 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 70, |
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| 14 | 14 | | relative to hunting with bait. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 70-4-113, is amended by deleting the |
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| 18 | 18 | | section and substituting: |
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| 19 | 19 | | (a) Except as otherwise expressly provided, it is unlawful for a person to use any |
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| 20 | 20 | | pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set |
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| 21 | 21 | | guns, spotlights, electric lights or torches, bait, which includes any grain or mixture of |
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| 22 | 22 | | ingredients, used as or for food purposes or to lure or attract wildlife to a particular area |
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| 23 | 23 | | for the purpose of being killed or taken, or other devices for the purpose of killing, |
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| 24 | 24 | | injuring, or capturing birds or animals protected by the wildlife laws of this state. |
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| 25 | 25 | | (b) A person may hunt, chase, trap, kill, or take wildlife using properly shocked |
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| 26 | 26 | | corn or standing crops of corn, wheat, or other grain or feed and grains scattered solely |
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| 27 | 27 | | as a result of normal agricultural harvesting. |
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| 28 | 28 | | (c) |
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| 29 | 29 | | (1) This section does not apply to a person hunting whitetail deer or wild- |
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| 30 | 30 | | appearing swine, as defined in ยง 70-4-133, with the aid of bait on privately owned |
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| 31 | 31 | | or leased lands if the person has purchased and is in possession of a valid bait |
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| 32 | 32 | | privilege license. |
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| 33 | 33 | | (2) A bait privilege license required by this section must be obtained in |
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| 34 | 34 | | the same manner as an annual hunting license. |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 002186 |
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| 38 | 38 | | |
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| 39 | 39 | | (3) A person who is exempt from purchasing a hunting license is not |
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| 40 | 40 | | exempt from the requirement to purchase a bait privilege license pursuant to this |
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| 41 | 41 | | section. |
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| 42 | 42 | | (4) The agency may, without refund, suspend the use of a baiting |
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| 43 | 43 | | privilege and adopt rules to manage the feeding of wildlife populations on a |
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| 44 | 44 | | county, regional, or statewide basis to prevent the spread of diseases among |
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| 45 | 45 | | wildlife by announcing the suspension in a news release. |
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| 46 | 46 | | (d) The executive director or the executive director's designees may use any |
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| 47 | 47 | | chemical, biological substance, poison, or device under controlled conditions to capture |
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| 48 | 48 | | or kill a bird or animal for scientific, propagating, enforcement, humane, or rescue |
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| 49 | 49 | | purposes, or when it is considered necessary by the executive director to reduce or |
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| 50 | 50 | | control any species that may be detrimental to human safety, health, or property. The |
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| 51 | 51 | | executive director shall not take an action directed to the control of rabies or other |
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| 52 | 52 | | diseases spread from wildlife to human beings until the following conditions have been |
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| 53 | 53 | | met: |
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| 54 | 54 | | (1) The county board of health in the affected county met in open session |
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| 55 | 55 | | and, by appropriate resolution, declared that a condition detrimental to human |
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| 56 | 56 | | safety, health, or property exists within the affected county; |
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| 57 | 57 | | (2) An official quarantine by the county board of health has been |
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| 58 | 58 | | established on all dogs, cats, and pets in the county; and |
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| 59 | 59 | | (3) An official request has been made by the county board of health, |
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| 60 | 60 | | through and with the concurrence of the commissioner of health, to the executive |
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| 61 | 61 | | director to take such action as is necessary by the executive director or the |
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| 62 | 62 | | executive director's designees and by such means as are authorized in this |
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| 63 | 63 | | |
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| 64 | 64 | | |
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| 65 | 65 | | - 3 - 002186 |
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| 66 | 66 | | |
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| 67 | 67 | | section to bring the disease under control in the affected county. This subsection |
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| 68 | 68 | | (d) is effective in every county in this state. |
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| 69 | 69 | | (e) A violation of this section is a Class C misdemeanor; provided, that spot, |
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| 70 | 70 | | electric, or torch lights may be used in the hunting and taking of raccoons, opossums, |
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| 71 | 71 | | and frogs, and box traps may be used for the taking of rabbits during the open shooting |
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| 72 | 72 | | season for the same. |
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| 73 | 73 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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