Chapter II - Animals and Fish

In Tennessee, the wildlife resources agency has exclusive jurisdiction of the duties and functions formerly held by the game and fish commission or of any other law relating to the management, protection, propagation, and conservation of wildlife, including hunting and fishing.  T.C.A. § 70-1-301.  The general statutes dealing with wildlife resources are found in title 70 of the Tennessee Code Annotated.

Stock laws or fence laws were for many years a source of bitter controversy in Tennessee counties.  The general fence law for the state is now contained in T.C.A. title 44, chapter 8.

The following is a listing of acts that at one time affected, but no longer appear to have any effect on, hunting, fishing or animal control in Blount County.  They are included herein for reference purposes.  Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Public Acts of 1893, Chapter 166, amended Public Acts of 1889, Chapter 171, so as make it unlawful for any person or persons to kill, net ,trap, or capture quail or partridges in Blount County, however, it was legal for citizens of Blount County to kill and hunt quail or partridges for profit on his own land, but not elsewhere.
2. Private Acts of 1901, Chapter 194, made it lawful to catch fish in Blount County by any means except by explosives, poisons, wing nets or dams during the open season which was set from June 1st to April St. of each year.
3. Private Acts of 1901, Chapter 337, made it unlawful to hunt deer with dogs for five years after the passage of this act, with violation of this act constituting a misdemeanor punishable by a fine of $5 to $25.
4. Acts of 1903, Chapter 117, was the first attempt to enact a stock law or fence law for Blount County.  Subject to voter approval, this act provided that it was illegal for owners of livestock of any kind to allow their stock to run at large, and damaged landowners were given a lien on the wandering livestock to insure payment of damages.  The fine of not less than $5 nor more than $10 for violation of this act was to be placed in the public school fund of Blount County.
5. Acts of 1903, Chapter 129, was an act to regulate fishing in Blount County, making it unlawful to catch fish by means of seining, trapping, shooting, grabbling with hands, gigging, poison or dynamite.  The only lawful methods of fishing were by rod or line or trot line.  This law was not applicable to private ponds, nor to fishing for minnows.  Violating the provisions of this act would result in a fine of not less than $10 nor more than $50, and if the violation involved the use of poison or dynamite, the guilty fisherman would spend six months in the county jail.
6. Acts of 1907, Chapter 195, was the next attempt to enact a stock law for Blount County.  This act provided that anyone owning or having control of horses, mules, cattle, sheep, goats, swine or other livestock were not to permit them to run at large, but this act was amended by Private Acts of 1915, Chapter 172, to provide that it was lawful for stock to roam at large in civil districts with a population of less than 300 or districts with a population between 620 and 700.
7. Private Acts of 1911, Chapter 77, was another stock law for Blount County, providing that horses, mules, donkey, cattle, sheep, goats and swine were not permitted to roam at large, and damaged landowners were authorized to impound such wandering stock to prevent further damage.
8. Private Acts of 1915, Chapter 240, amended Acts of 1907, Chapter 489, a statewide fishing lunch law, by exempting Blount County from the provision of the law which prevented fishing by gig.
9. Private Acts of 1915, Chapter 289, made it unlawful to kill quail for three years after the passage of this act, and after 1918, the open season on quail was to be from December 15th to January 15th of each year.  Violation of this act would result in a fine of $25.
10. Private Acts of 1917, Chapter 79, exempted Blount County from the general law provision making it unlawful to gig fish.
11. Private Acts of 1917, Chapter 588, made it unlawful to allow hogs to roam at large in Blount County.
12. Private Acts of 1917, Chapter 594, made in unlawful to shoot or destroy foxes in Blount County, except within one hundred yards of a dwelling house or barn, traps could be set to protect livestock and property.  This act also provided that foxes could be hunted with dogs but no guns could be used.
13. Private Acts of 1921, Chapter 405, exempted Blount County from the provisions of the general dog law.
14. Private Acts of 1929, Chapter 44, was another act to protect foxes in Blount County, making it unlawful to kill or capture foxes except for those actually destroying poultry or stock.
15. Private Acts of 1931, Chapter 829, was an act to protect foxes and other fur-bearing animals in Blount County, making it unlawful to kill or capture such animals by means of a snare, bait trap, steel trap, dead fall to other device, at any time of the year, but his act did not prohibit the catching of raccoons, opossums, and skunks with dogs during the open season or the chasing of foxes with dogs during any season.  This act was amended by Private Acts of 1935, Chapter 255, to provide that snares, bait traps, steel traps, and dead fall could be set within the enclosure of a barn, chicken house or enclosed fields in which hogs or sheep were kept, as long as signs were posted giving notice to passersby that such traps has been set.
16. Private Acts of 1935, Chapter 648, made in lawful for citizens of Blount County to catch non-game fish, squirrels and rabbits without a license, if they obtained the permission of the owner, lessee or caretaker of the property on which they wished to hunt or fish.
17. Private Acts of 1937, Chapter 577, licensed W. E. Ballard to practice veterinary science in Blount and Sevier Counties only, since those counties had no licensed veterinarian, there was a great need for one, and Mr. Ballard was a graduate of the Ontario College of Veterinary Science.