scn said:
All are probably technically illegal. But, officers would likely give some leeway on most. Sitting in a stand all night with a weapon would not get the same leeway.
I suggest you look up the definition of hunting in TCA 70-1-101.
I don't want to turn this into a legal debate, but I also don't want to ignore this. This rarely happens scn, but I will have to respectfully disagree with you on this one. If the law were as you say, then in this instance it would yield an absurd result. We literally wouldn't be able to get out of our trucks until 30 minutes before daylight and would have all decoys up or deer loaded before sunset. Every hunter in the state would be breaking the law every time the left the house. Every court in the nation, including the Tennessee Supreme Court, has held that "We will not apply a particular interpretation of a statute if that interpretation would yield an absurd result."
State v. Flemming, 19 S.W.3d 195, 197 (Tenn. 2000).
I am well aware that the definition of "hunting" is very broad, by statute, but fortunately, for all of the reasons above, the law (the actual law - i.e., the T.C.A.) does not prohibit "hunting" as it is defined, during proscribed hours, it only prohibits the shooting or taking of game during those times.
The Fish and Wildlife Commission sets most regulations for game and wildlife, but they only do so because they are authorized to do so by state statue. (T.C.A. 70-4-107) The Commission may only set rules and regulations within the authority granted to them by statute.
T.C.A 70-4-107(c)(2) - the statue that authorizes the Game and Fish Commission to set dates and hours for legal hunting, provides that :
"If the commission finds that the supply of game or fish, or both, is sufficient to allow taking without the danger of extinction or undue depletion, it shall announce such fact by proclamation, in which it shall state the species of the game or fish, or both, that may be taken without the danger as mentioned in this section, and shall likewise ascertain and announce the
dates and hours of the day between which such game or fish, or both, may be taken without the dangers set forth."
Note, it doesn't say the hours during which they can be "hunted" (which includes sitting in a stand or throwing decoys) but the hours in which they can be "taken" (which does not).
If that doesn't clear it up, the same section which defines "hunting" also defines "hours" for purposes of this Title of the code. When used in Title 70 of the TCA, (including the section listed above)
"the word 'hours' means the hours of the day or night when wildlife by be
taken lawfully"
So, it is illegal to shoot a deer prior to "30 minutes before sunrise" but it is not illegal to sit in your stand at night.
Won't do that again, hard to keep your eyes open in the dark like for hours!
