(a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the fish and wildlife commission, and impound and take them before the court trying the person arrested.
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Terms Used In Tennessee Code 70-6-201

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Wild bird: means all game birds, nongame birds, and raptors. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
(b) Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested.
(c)

(1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 – 70-4-118, determine whether or not the things seized shall be declared contraband.
(2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2.
(3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
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