Amends TCA Section 39-14-206 and Title 70.

This bill revises the requirements for use of trotlines to catch fish, increases the penalty for violations, creates a defense to prosecution for persons who handle another person's trotline to avoid injury, and creates a cause of action for persons injured by trotlines. Under present law, it is a Class C misdemeanor offense for a person to raise a trotline without the owner's consent, unless the fish is taken by an officer to be used as evidence in the prosecution of a violation of the game and fish laws. It is also a Class C misdemeanor offense for a person to disturb a wild animal or a person trying to take a wild animal, in order to prevent the taking of the wild animal. This bill specifies it is a defense to prosecution for either such offense that a person removed or altered another person's trotline to prevent or remedy a clear and present danger posed by the trotline to the person or another person who was lawfully using the waters of the state. Present law generally authorizes the taking of fish by one or more trotlines not having a combination of more than 100 hooks. A trotline must be attended at least once each day. Present law also authorizes a Tennessee resident to fish in the waters of such person's county of legal residence by use of a single trotline with not more than 50 hooks and natural or cut bait if such person possesses a county of residence fishing license. Generally, a violation of the fish and game laws (including misuse of a trotline) is a Class C misdemeanor offense. This bill revises the general requirements for using a trotline to catch fish, but does not change the hook and bait limits for persons in possession of a county of residence license. This bill requires that a trotline must: (1) Consist of a main line with drop lines that are not longer than 24 inches to which single hooks are attached. The drop lines must be no closer than 24 inches together. A trotline must not consist of more than 100 hooks that are attached and baited to catch fish; (2) Be conspicuously marked at each end with a white floating marker that is marked with the trotline owner's contact information or the TWRA identification number for the trotline; (3) Be marked at intervals of every 25 hooks with an interval float that is daylight fluorescent orange color. Each float must be marked as described in (2); (4) Be set parallel to the nearest shore; (5) Not be set within 100 yards of the mouth of a river, creek, or slough, or within 1,000 yards below a dam that is owned or operated by the TVA or the U.S. army corps of engineers; (6) Be submerged at least three feet below the surface of the water, and no part of a drop line or hook may extend on or above the surface of the water; (7) Not be used, placed, set, or fished in a manner that constitutes a hazard to boating or public safety; (8) Be checked and all animals caught removed at least once every 24 hours; and (9) Not be set before 1/2 hour before sunset and be removed within 1/2 hour after sunrise each day on April 1 through October 1 of each year. A violation of (1)-(7) will be a Class B misdemeanor offense. Additionally, a trotline made or used in violation of (1) – (9) is contraband and subject to seizure. This bill creates a cause of action whereby a person who suffers bodily injury or death resulting from the misuse of a trotline may sue the trotline owner. In an such lawsuit: (1) A violation of (6) is prima facie evidence of negligence on the part of the trotline owner; and (2) The court is required to award a prevailing plaintiff treble damages, together with reasonable attorneys' fees and costs.