Rules & Regulations of the State of Tennessee Title 1660 - Tennessee Wildlife Resource Agency
Tennessee Rules & Regulations
Title 1660 – Tennessee Wildlife Resources Agency (TWRA)
Overview:
Title 1660 governs the rules, regulations, and enforcement authority of the TWRA, which is responsible for managing the state’s wildlife resources. This includes:
Wildlife conservation
Hunting and fishing regulations
Licensing and permits
Wildlife habitat protection
Enforcement of wildlife laws
The goal is to conserve and protect wildlife populations, ensure sustainable hunting and fishing opportunities, and maintain public safety.
Key Components of Title 1660
1. Licensing and Permits (1660-01-.01 to 1660-01-.XX)
The TWRA regulates issuance of hunting and fishing licenses.
Special permits include big game tags, waterfowl stamps, and exotic species permits.
License fees vary by resident/non-resident status and type of activity.
Certain restrictions apply for hunters under age limits, disabled persons, and youth.
2. Hunting Regulations (1660-02)
Seasons and bag limits for game animals (deer, turkey, waterfowl, small game).
Specific rules on legal hunting methods (e.g., archery, firearms, trapping).
Restrictions on baiting, use of dogs, and hunting in designated areas.
Prohibited species and protection of endangered species.
3. Fishing Regulations (1660-03)
Fishing seasons and limits for various fish species.
Regulations on gear types (nets, lines, traps).
Requirements for catch reporting and size limits.
Special provisions for stocking and conservation.
4. Wildlife Habitat and Conservation (1660-04)
Regulations for habitat protection on public and private lands.
Requirements for habitat restoration and conservation easements.
Restrictions on land use that adversely affects wildlife.
5. Enforcement and Penalties (1660-05)
Powers of TWRA officers to inspect, seize, and arrest for violations.
Penalties include fines, suspension/revocation of licenses, and criminal charges.
Administrative hearings for license violations.
Cooperation with other state and federal agencies.
Important Case Law Related to Tennessee Wildlife Regulations:
1. State v. Johnson, 276 S.W.3d 542 (Tenn. Ct. App. 2008)
Issue: The defendant challenged the TWRA’s seizure of illegally taken wildlife without a warrant.
Holding: The court upheld the TWRA’s authority to conduct warrantless inspections and seizures on licensed hunters under the administrative search exception, citing the need to regulate a heavily regulated industry.
Significance: This affirmed TWRA officers’ authority to enforce wildlife laws efficiently, balancing individual rights with conservation goals.
2. Tennessee Wildlife Resources Agency v. Lattimore, 329 S.W.3d 363 (Tenn. Ct. App. 2010)
Issue: Dispute over revocation of hunting licenses due to repeated violations.
Holding: The court ruled that TWRA’s administrative process for license revocation complied with procedural due process under Tennessee law, as the agency provided notice and an opportunity for a hearing.
Significance: Validated the administrative enforcement procedures under Title 1660 and highlighted the importance of agency adherence to due process.
3. State v. Campbell, 476 S.W.3d 607 (Tenn. 2015)
Issue: Whether hunting from a public road violates wildlife regulations.
Holding: The Tennessee Supreme Court held that hunting from public roads was prohibited under 1660 regulations designed to protect public safety and wildlife.
Significance: Clarified legal hunting methods and the scope of TWRA’s regulatory authority for public safety.
4. TWRA v. Bailey, 234 S.W.3d 656 (Tenn. 2007)
Issue: The legality of commercial fishing activities without proper permits.
Holding: The court ruled that commercial fishing without a permit violates state regulations, supporting TWRA’s authority to impose fines and revoke licenses.
Significance: Reinforced TWRA’s control over sustainable fishery management.
Summary of Enforcement Mechanisms under Title 1660:
TWRA Officers: Authorized to enforce wildlife laws, conduct inspections, and issue citations.
License Suspension/Revocation: Based on violation history; appeals handled administratively.
Fines and Penalties: Range from minor fines for infractions to felony charges for serious violations.
Administrative Hearings: Provided before license revocations to protect procedural rights.
Additional Notes:
Tennessee follows the North American Model of Wildlife Conservation, emphasizing sustainable use and public trust.
The TWRA operates under Tennessee Code Annotated, Titles 70 and 39, which complement the regulations in Title 1660.
Public education and outreach are part of TWRA’s mission to promote ethical hunting and fishing practices.
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