Amends TCA Title 70.

FINE IN LIEU OF COURT APPEARANCE Present law provides the following: (1) Whenever a person is issued a citation for a misdemeanor violation of any provision of the law regarding wildlife resources, the laws regarding boating regulation or for any offense for which an arrest is authorized pursuant to the law regarding wildlife resources, prior to the time set for the person to appear in court to answer the charge, the person cited may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of such offense within the county in which the offense charged is alleged to have been committed. The submission to fine must not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a citation; (2) If the person cited has not paid the citation upon submission to fine as provided in the above provision and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for such person's arrest or may declare a judgment of forfeiture of the offense charged. The judgment of forfeiture must in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided under existing law; and (3) The above provisions are not applicable to any person arrested for a violation of any provision of the law regarding wildlife resources, the laws regarding boating regulation or for any offense for which an arrest is authorized pursuant to the law regarding wildlife resources, which is punishable by a fine of more than $50 or by imprisonment for more than 30 days. Present law prohibits these provisions from superseding criminal procedure law regarding the use of continued custody of an arrested person, and from requiring the use of a citation in lieu of continued custody of an arrested person in any of the circumstances specified in criminal procedure law regarding the use of continued custody of an arrested person. This bill changes the present law by providing that the above provisions are not applicable to any person arrested for a violation of any provision of the law regarding wildlife resources that is punishable by a fine of more than $500 or by imprisonment of more than 30 days. WILDLIFE LICENSE Present law provides that it is unlawful for any person in this state to hunt, chase, trap, kill or take any form of wildlife in the open season, unless the person so hunting, chasing, trapping, killing or taking, or attempting to take, such wild animals, wild birds, wild fowl, or fish at the time possesses the requisite license, such license, of proper color and design, to be on the person of the licensee while hunting, chasing, trapping or fishing. Additionally, a valid federal migratory waterfowl stamp must be possessed while hunting migratory waterfowl by any person over 16, which stamp must be canceled in ink by the signature of the hunting licensee. No license or permit, required and issued under the law regarding wildlife resources may be loaned or transferred to any other person, firm or corporation. Present law provides that upon conviction for any offense against the law regarding wildlife resources, any rule or regulation promulgated pursuant to law regarding wildlife resources, or any proclamation of the fish and wildlife commission, the court may revoke the license or suspend any or all of the fishing, hunting, or trapping privileges of the person so convicted, or both revoke the license and revoke any or all of the fishing, hunting or trapping privileges of the person so convicted. Any license so revoked must be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record. Any person whose license has been revoked or whose privileges have been suspended, or both, may be prohibited from fishing, hunting and trapping for a period of time of not less than one year to be fixed by the court. Present law provides that any violation of the above provisions is a Class C misdemeanor and punishable by a fine of not less than $10 nor more than $25. Any person who violates the revocation order of the court may be fined not less than $25 and may be confined in the county jail or workhouse not less than 10 days nor more than 11 months and 29 days, it being mandatory upon the court to impose the prison sentence, and the minimum time may not be subject to suspension. This bill changes the present law by (i) providing that a violation of the above provisions is punishable by a fine not to exceed $500 and (ii) providing a person who violates the revocation order of the court is subject to a fine not to exceed $500. COMMERCIAL FISHING LICENSE Present law requires that any person, firm or corporation, before engaging in the business of a commercial fisher or commercial musseler, must have in possession the requisite license prescribed under existing law. Present law authorizes a commercial helper's license to be issued without limit as to numbers to any commercial fisher upon paying for each license the appropriate fee required for a commercial fisher. Each commercial fisher must have in personal possession a commercial helper's license for each helper on board the vessel at any time. Present law provides that any violation of the above provision is a Class A misdemeanor, punishable by a fine of not less than $50 nor more than $1,000, and if on second offense, and in the discretion of the court, the deprivation or prohibition of the offender from obtaining a license for a period of six months. Any nonresident convicted of violation of the above provision must be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five years from the date of conviction, in addition to any other penalties prescribed by law. This bill changes the above law by providing, instead, that any violation of the above provision is punishable by a fine not to exceed $500. SCIENTIFIC PURPOSE PERMIT Present law provides that the executive director of the wildlife resources agency ("executive director") has the power, at the executive director's discretion, to grant permission, under the executive director's seal, to any reliable person to take, capture and transport in Tennessee, wild birds, and nests and eggs of wild birds, and wild animals and fish, when taken and used for purely scientific purposes. The permit so issued must continue in force for one year after the date of issue and must specify the number of any species to be taken under the permit. Each person receiving such a permit must report to the wildlife resources agency on blanks furnished by it, at or before the expiration of such permit, the number and disposition of the collections made under the permit. Present law requires any person taking any wildlife in violation of the above provision, or of the permit held by that person, to be, upon conviction, fined not less than $25 nor more than $100 and the permit held by that person must become void. This bill raises the fine to not more than $500. LICENSE TO TRAIN HUNTING DOGS Present law requires any resident or nonresident who trains hunting dogs in this state to purchase the appropriate hunting license, except when such person is competing in recognized field trials. Raccoon dog field trials, retriever dog field trials, bird dog field trials, rabbit dog field trials, and foxhound field trials will be permitted only under rules and regulations promulgated by the fish and wildlife commission. The fish and wildlife commission is authorized to make all such rules or regulations, or both, in connection with the field trials as it may deem necessary to carry out this provision. Present law provides that any violation of the above provision, or any violation of any rule or regulation promulgated by the fish and wildlife commission pursuant to the above provision, is a Class C misdemeanor and, upon conviction of the violation, must be punishable by a fine of not less than $25 nor more than $50. This bill raises the fine to not more than $500. TAXIDERMIST PERMITS Present law requires any person, before engaging in the practice of taxidermy, which includes the stuffing, mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire, to first obtain a permit to do so from the executive director. Each person obtaining such a permit must conduct such practice of taxidermy in accordance with rules and regulations promulgated by the commission. Failure to make a report pursuant to the rules and regulations must bar the person concerned from receiving a renewal of the person's permit or a new permit to engage in taxidermy. Present law provides that any person violating the above provision commits a Class C misdemeanor and, upon conviction, must be fined not less than $10 nor more than $25. This bill raises the fine to not more than $500. FISH DEALER LICENSE Present law requires any person, firm or corporation, before engaging in bait dealing, catch-out operation, or fish farming, to purchase a fish dealer's license. Each bait dealer must make a monthly report to the executive director on forms provided as to the number of minnows sold and must indicate the source of supply of such minnows; however, the executive director may, in the executive director's discretion, require only those monthly reports that the executive director may deem necessary. Fish used in the catch-out business must be reared fish or must be wild commercial fish species obtained legally by commercial fishers, and must be approved by the agency. Fish to be purchased may be caught by persons using legal fishing methods without the requirement of a fishing license. Present law provides that any person, firm or corporation violating the above provision commits a Class C misdemeanor punishable by a fine of not less than $25 nor more than $50. This bill raises the fine to not more than $500. Present law provides that it is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission. Present law provides that a violation of the above provision is a Class C misdemeanor. Upon conviction for any violation of the above provision, the court may revoke the license of the person so convicted. Any license so revoked must be surrendered to the court and transmitted to the arresting officer, to be made a part of the prosecution record. This bill changes the above provision by providing, instead, that in instances where the wild animal, wild bird, wild fowl, or fish is not removed from the land of another, then a violation of the above provision is a Class C misdemeanor, but in instances where the wild animal, wild bird, wild fowl, or fish is removed from the land of another, then a violation of the above provision is raised to a Class B misdemeanor. DIVERSION OF WATER FROM REELFOOT LAKE Present law prohibits, without the prior written approval of the executive director, or the executive director's designee, any official, employee, or agent of any entity of state or local government, nor any other person, from authorizing, undertaking, or engaging in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, present law prohibits, without such prior written approval, any such official, employee, or agent, nor any other person, from authorizing, undertaking, or engaging in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the Uniform Administrative Procedures Act that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats. Present law provides that each violation of the above provision constitutes a Class C misdemeanor and is punishable by a fine of not less than $25 nor more than $50. This bill raises the fine to not more than $500. PENALTY FOR REFUSING INSPECTION Present law provides that it is the duty of every person participating in taking or possessing wildlife as permitted by the law regarding wildlife resources to permit the executive director or officers of the agency to ascertain whether the requirements of this title are being faithfully complied with, including the possession of a proper license. Present law provides any person who refuses such inspection and count by any authorized officer of the state, or who interferes with such officer or obstructs such inspection or count commits a Class C misdemeanor, and upon conviction must be punished by a fine of not less than $25 nor more than fifty dollars $50. This bill raises the fine to not more than $500. EACH UNLAWFUL TAKING AND DEVICE DEEMED SEPARATE OFFENSE Each wild animal, wild bird, wild fowl, or fish caught, taken, killed, captured, destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, and each trap, snare, net or other device used or attempted to be used in violation of the law regarding wildlife resources constitutes a separate offense and, unless a specific penalty is otherwise provided, is punishable by a fine of not less than $25 nor more than $50 for each offense. This bill changes the present law by providing, instead, that there is no minimum fine, but the fine cannot exceed $500 for each offense. TRIAL FOR VIOLATIONS Present law provides that when any person is arrested for any violation of the wildlife laws, it is the duty of the arresting officer making or causing the arrest to take the person so arrested before a court of general sessions for trial, in the county where the offense was committed. If before such court of general sessions, the accused is found guilty of any offense punishable by a fine of $50 or less, that person must have the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving security for the amount of the fine and imposed costs. In the cases of offenses punishable by a fine of more than $50 or by imprisonment, then the magistrate or court of general sessions is governed by the general laws applicable to such offenses. This bill changes the present law by providing, instead, that if the accused is found guilty of an offense, then the person has the right to appeal to the circuit or criminal court having jurisdiction of such appeals, upon giving bond with good security, regardless of the amount of the fine. GRAND JURIES Present law provides that the grand juries of the several counties have and possess inquisitorial powers to inquire with respect to the different offenses mentioned in the law regarding wildlife resources that are punishable by a fine of more than $50, or by imprisonment. This bill raises the fine to not more than $500.