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Private Acts of 1933 Chapter 638

SECTION 1.  That there be, and is hereby created a State Game Preserve in Cocke County, Tennessee, consisting of all that territory or lands lying within the following described boundary:

Beginning at a point on the southern bank of the French Broad River where the Tennessee-North Carolina State lines cross the same near Paint Rock; thence with the Tennessee and North Carolina State lines in a southwesterly direction to the line of the Smoky Mountains National Park on the Tennessee side; thence with the line of said Great Smoky Mountains Park boundary in a northwesterly direction to the line between Cocke and Sevier Counties; thence with the Cocke and Sevier County line to where the same intersects or joins the Jefferson County line; thence with the line between Cocke and Jefferson Counties to where the same crosses the Newport-Sevierville highway; thence with said highway eastwardly via Clevinger's Cross roads and Wilsonville through Newport, along Church Street and continuing with the Newport-Asheville highway, State highway No. 9, to where the same crosses the French Broad River east of Bridgeport; thence with the southern bank of said French Broad River to the beginning, containing approximately 135,000 acres.

SECTION 2.  That the ownership of and title to all wild animals, wild birds, wild fowl and fish within the boundaries of the game preserve hereby created, which are not individual property, is hereby declared to be in the State, and no wild animals, wild birds, wild fowls or fish shall be taken or killed in any manner or at any time except the person or persons so taking or killing the same shall consent that the title thereto shall be and remain the State for the possession, use and transportation thereof after such taking or killing provided for hereinafter, or provided for in the general laws of this State.  Provided, it shall be unlawful for any person to hunt, kill, trap, ensnare, take or destroy any wild birds, wild fowl, wild animals or fish; except subject to the restrictions and by the means and devices, and at the time prescribed by the general laws of the land, or by this Act.

Provided, further, however, that this Act shall not repeal or interfere with any local Act or Acts with reference to the taking or killing of hawks and foxes, now in existence.

SECTION 3.  That in all the territory embraced within the game preserve hereby created and established there shall be a closed season on (1) hunting, taking or killing deer, bear, wild turkeys, pheasants, and grouse for a period of five years from and after the passage of this Act, and, (2) on hunting, taking or killing quail and doves for a period of two years from and after the passage of this Act; and (3) on fishing for and/or taking from any of the streams in said game preserve territory, except Big Pigeon River, any game fish for a period of three years from and after the passage of this Act; except that the native residents may fish for and take and use for family consumption purposes, trout of the size permitted to be caught under the provision of general laws of the State, between April 1 and May 15 and between September 1 and October 15 of any year, but fishing in said streams by non-residents during said three-year period is strictly forbidden.

SECTION 4.  That the control, management and supervision of the game preserve hereby created and established shall be and remain in the Department of Game and Fish of the State of Tennessee, subject to all rules and regulations of said department.  And it shall be the duty of the State Game Warden, acting for and on behalf of the State Department of Game and Fish, to make a survey of the territory embraced within said game preserve hereby created, as promptly after the passage of this Act as possible, and thereafter he shall take such steps as are necessary toward stocking said territory, or the most suitable parts thereof, with such wild animals, wild birds, wild fowl and fish as are suitable to the needs and purposes of said game preserve, and shall appoint a competent deputy game warden or wardens to have charge and supervision of the enforcement of all laws enacted for the protection and preservation of wild life within the territory of said game preserve, all of which shall be paid out of funds now or hereafter on hands to the credit of the State Department of Game and Fish, but he shall not spend, for each of the next five years, a sum less than One Hundred ($100.00) Dollars for purposes of propagation alone, exclusive of expenses of deputy game warden.

SECTION 5.  That it is hereby declared to be the legislative intent that the game preserve hereby created shall be subject to the general laws of the land, except where the provisions of this Act conflict therewith and thereby repeal the same or parts thereof.

SECTION 6.  That the game preserve hereby created and established shall be called, known and designated as "The John Sevier Game Preserve," in honor of Tennessee's first Governor and one of the early settlers of East Tennessee.

SECTION 7.  That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it.

Passed:  April 22, 1933.