AN ACT to amend Tennessee Code Annotated, Section 39-17-1314; Section 70-1-206 and Section 70-4-107, relative to the authority of the Tennessee fish and wildlife commission to proscribe the manner and means of taking wildlife.
Summary
HB2017 would clarify that the Tennessee Fish and Wildlife Commission, rather than cities, counties, towns, municipalities, or metropolitan governments, has the authority to regulate the manner and means of taking wildlife. The bill specifically bars local governments from regulating how wildlife is taken, including the discharge of a firearm while lawfully hunting, and states that those rules are governed by commission proclamations and rules adopted under state law.
The bill also preserves a narrow local authority to regulate firearm discharge by a lawful hunter within 500 feet of school property. In addition, it amends the wildlife code to expressly authorize a person lawfully hunting under a commission proclamation to use the commission-approved method of take, including firearm discharge in designated areas during an open season, so long as the activity remains consistent with state wildlife law.
Impact
The bill amends Tennessee Code Annotated sections 39-17-1314 and 70-4-107 to strengthen state preemption over local hunting regulation and to reinforce the Tennessee Fish and Wildlife Commission’s delegated authority. It limits local governments’ ability to impose hunting-related restrictions that could conflict with or duplicate state wildlife rules, while preserving generally applicable criminal enforcement and a specific school-zone firearm restriction. The practical effect is to centralize wildlife-management policy at the state level and reduce local variation in hunting regulations.
Sentiment
The available committee votes suggest generally favorable support for the bill, though not unanimous. It received 8-1 approval in the House Agriculture and Natural Resources Subcommittee and 8-4 approval in the full House Agriculture & Natural Resources Committee, indicating broad support among members focused on wildlife and hunting policy. The bill text itself frames the measure as a uniformity and state-authority issue, and the absence of transcript debate limits insight into broader public reaction.
Contention
The main point of contention is the balance between statewide hunting regulation and local control. Supporters appear to favor preemption to ensure uniform, science-based wildlife management and to prevent local governments from creating inconsistent hunting restrictions. Potential opponents are local governments and any stakeholders who want municipalities to retain authority to regulate hunting-related firearm discharge or other local safety concerns. The bill attempts to address one likely concern by preserving local authority near school property and by stating that ordinary criminal laws remain enforceable so long as they do not function as de facto hunting regulation.
Crossfiled
AN ACT to amend Tennessee Code Annotated, Section 39-17-1314; Section 70-1-206 and Section 70-4-107, relative to the authority of the Tennessee fish and wildlife commission to proscribe the manner and means of taking wildlife.