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HOUSE BILL 938
By Sparks
SENATE BILL 869
By Hensley
SB0869
002186
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AN ACT to amend Tennessee Code Annotated, Title 70,
relative to hunting with bait.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 70-4-113, is amended by deleting the
section and substituting:
(a) Except as otherwise expressly provided, it is unlawful for a person to use 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
ingredients, used as or for food purposes or to lure or attract wildlife to a particular area
for the purpose of being killed or taken, or other devices for the purpose of killing,
injuring, or capturing birds or animals protected by the wildlife laws of this state.
(b) A person may hunt, chase, trap, kill, or take wildlife using properly shocked
corn or standing crops of corn, wheat, or other grain or feed and grains scattered solely
as a result of normal agricultural harvesting.
(c)
(1) This section does not apply to a person hunting whitetail deer or wild-
appearing swine, as defined in § 70-4-133, with the aid of bait on privately owned
or leased lands if the person has purchased and is in possession of a valid bait
privilege license.
(2) A bait privilege license required by this section must be obtained in
the same manner as an annual hunting license.
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(3) A person who is exempt from purchasing a hunting license is not
exempt from the requirement to purchase a bait privilege license pursuant to this
section.
(4) The agency may, without refund, suspend the use of a baiting
privilege and adopt rules to manage the feeding of wildlife populations on a
county, regional, or statewide basis to prevent the spread of diseases among
wildlife by announcing the suspension in a news release.
(d) 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 a 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. The
executive director shall not take an action directed to the control of rabies or other
diseases spread from wildlife to human beings until the following conditions have been
met:
(1) The county board of health in the affected county met in open session
and, by appropriate resolution, declared that a condition detrimental to 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
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section to bring the disease under control in the affected county. This subsection
(d) is effective in every county in this state.
(e) 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.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.