I keep hearing undercurrents that it is illegal to collect in Tennessee.
So what are the facts??
collecting in tennessee
Started by
Guest_jim graham_*
, Apr 09 2009 09:05 AM
12 replies to this topic
#2
Guest_trygon_*
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Posted 09 April 2009 - 10:41 AM
Here is a link to the TWRA fishing regulations, www.state.tn.us/twra/pdfs/fishguide.pdf . See pages 18 & 19 for a decent article on bait fishing and page 36 for regulations governing minnow trap and seines. You must have a valid Tennessee fishing license to collect bait. Do not collect bait with a net in the Big South Fork, GSMNP or other parks and trout streams and be sure you know what species are listed and or threatened. What you store your bait in is your business.
Bryce
Bryce
#3
Guest_Newt_*
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Posted 09 April 2009 - 10:52 AM
I think what may be throwing you is that TN does not allow you to keep nongame fish for display, only for bait. This is not made explicit in the regulations, but it is what I have been told by nongame officials at the agency. I do not know what TN's regulations concerning transporting fish out of state might be, but supposing you legally bring the fish into another state, that state's laws are the ones that matter from then on.
#4
Guest_jblaylock_*
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Posted 09 April 2009 - 10:54 AM
I read this fishing guide a couple weeks ago. I was under the impression that TN was VERY strict about collecting 'bait fish'. However this article almost promotes collecting bait fish instead of buying.
I do like this phrase "When catching bait, try to release any unusual looking species before you put them in your bait bucket..."
Also, good point Bryce about where you store your bait is your business. I just happen to store mine in a 75 gallon bucket (keeps your bait lively, but it sure is a pain to get in your boat
).
I do like this phrase "When catching bait, try to release any unusual looking species before you put them in your bait bucket..."
Also, good point Bryce about where you store your bait is your business. I just happen to store mine in a 75 gallon bucket (keeps your bait lively, but it sure is a pain to get in your boat
).
#6
Guest_jblaylock_*
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Posted 09 April 2009 - 11:11 AM
http://www.tennessee.../1660-01-18.pdf
(3) No wildlife may be taken from the wild in Tennessee except as provided for by statute, proclamation,
and/or rule.
...
(2) While all other permits do apply, a possession permit is not required for the following species
regulated as Class II wildlife:
(d) Legally obtained native aquatic species held in aquaria.
(3) No wildlife may be taken from the wild in Tennessee except as provided for by statute, proclamation,
and/or rule.
...
(2) While all other permits do apply, a possession permit is not required for the following species
regulated as Class II wildlife:
(d) Legally obtained native aquatic species held in aquaria.
#7
Guest_UncleWillie_*
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Posted 09 April 2009 - 11:40 AM
Nathan, Laura, the part about 'for display' has always confused me a good deal as well. I have also wondered if that meant publicly, or they must be kept in typical non-see-through bait containers... hmm..
Josh, thanks for that link.
This has always been a concern for many folks. Even some of my former professors have never really known the exact 'rule' of keeping native fish in aquaria. For years we always thought of them as bait kept in a really nice home.
But with that link, it appears that you need no special permit to hold native fishes in aquaria - as long as they were taken legally (have fishing permit, use legal sized nets, fishing tackle, etc.) Is anyone else reading it that way?
Josh, thanks for that link.
This has always been a concern for many folks. Even some of my former professors have never really known the exact 'rule' of keeping native fish in aquaria. For years we always thought of them as bait kept in a really nice home.
But with that link, it appears that you need no special permit to hold native fishes in aquaria - as long as they were taken legally (have fishing permit, use legal sized nets, fishing tackle, etc.) Is anyone else reading it that way?
Edited by UncleWillie, 09 April 2009 - 11:43 AM.
#8
Guest_Newt_*
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Posted 09 April 2009 - 12:30 PM
http://www.tennessee.../1660-01-18.pdf
(3) No wildlife may be taken from the wild in Tennessee except as provided for by statute, proclamation,
and/or rule.
...
(2) While all other permits do apply, a possession permit is not required for the following species
regulated as Class II wildlife:
(d) Legally obtained native aquatic species held in aquaria.
Yeah, that's the oddity. In some parts of the law, "wildlife" seems to exclude fish. However, as it was explained to me, in this case fish are included. Nongame fish may be removed from the wild for essentially any purpose other than display; therefore "legally obtained" natives are those purchased from licensed dealers. My impression was that this covers home as well as public display, but that TWRA is not interested in enforcing the law against private citizens with a few darters in their home aquarium.
I may be reading too much into the limited communication I have had with wildlife officials. I have been thus far unable to gain clarification on several points.
#9
Guest_jblaylock_*
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Posted 09 April 2009 - 06:56 PM
That's a good point. Another section of the law define 'wildlife' as grey wolf, fox, etc... In that section, fish are not defined as wildlife.
It's like TN is trying to make the laws contradictory. It's like they are saying it's not ok to collect, but it's legal to keep class II wildlife native to TN in an aquarium. Then they promote collecting your own bait fish, but say it's not ok to take it home.....hmmm, which is worse for the fish population, a fisherman collecting 50+ 'minners' to go fishing, or a conservationist collecting 3 for a personal aquarium.
It's like TN is trying to make the laws contradictory. It's like they are saying it's not ok to collect, but it's legal to keep class II wildlife native to TN in an aquarium. Then they promote collecting your own bait fish, but say it's not ok to take it home.....hmmm, which is worse for the fish population, a fisherman collecting 50+ 'minners' to go fishing, or a conservationist collecting 3 for a personal aquarium.
#10
Guest_Newt_*
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Posted 09 April 2009 - 07:53 PM
I think that the rule-makers honestly have not given the subject of keeping native fish in the home aquarium much thought. The captive wildlife rules clearly are geared towards people who want to take home fawns and raccoons, etc.
#11
Guest_farmertodd_*
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Posted 09 April 2009 - 08:05 PM
At worst, Jim, it's illegal to keep the fish you collected bait if you LIVE in TN. I went through this with Pat Rakes last year... It's legal to collect them, it's legal to transport them, it's legal to move them into KY, it's legal to move Non-VHS species into OH, IN and MI. So just don't get any emerald shiners and you're good to go 
What is unclear in the definition is what "Wildlife" is for people who live in Tennessee. Since you don't, you don't have to worry about it. I'm not splitting hairs on this one. As Nathan says, it really seems they haven't thought it all the way through.
I really wish all states would adopt language like Arkansas. Brian Wagner sure made life a whole lot more simple getting this added to the language. But not every state has a Brian Wagner type in their respective wildlife agencies either.
Todd
What is unclear in the definition is what "Wildlife" is for people who live in Tennessee. Since you don't, you don't have to worry about it. I'm not splitting hairs on this one. As Nathan says, it really seems they haven't thought it all the way through.
I really wish all states would adopt language like Arkansas. Brian Wagner sure made life a whole lot more simple getting this added to the language. But not every state has a Brian Wagner type in their respective wildlife agencies either.
Todd
#12
Guest_jblaylock_*
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Posted 09 April 2009 - 08:27 PM
I really wish all states would adopt language like Arkansas. Brian Wagner sure made life a whole lot more simple getting this added to the language. But not every state has a Brian Wagner type in their respective wildlife agencies either.
Todd
I wish all states were as straight forward as VA, as far as keeping natives.
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