A wide range of animals are illegal to kill in Tennessee, from white-tailed deer taken outside the hunting season to federally endangered bats and every songbird covered by the Migratory Bird Treaty Act. The broadest rule sits in Tennessee Code § 70-4-102: no one may kill any form of wildlife except during a designated season, using approved methods, and with the correct license or permit. Layered on top of that are state and federal endangered species laws, migratory bird protections, and species-specific statutes for animals like eagles. Penalties start at Class B misdemeanors and can reach federal charges of up to $50,000 per animal.
Game Animals Out of Season
The animals most Tennesseans will actually run into on a “can’t kill” list are the familiar ones. Deer, wild turkey, bear, and elk are all illegal to hunt, pursue, capture, possess, transport, or store outside the seasons set by the Tennessee Fish and Wildlife Commission. That rule comes directly from Tennessee Code § 70-4-116.
Elk sit in a category of their own. Tennessee reintroduced them to the northern Cumberland Plateau, and the herd is small enough that only 19 quota permits are issued per season. Illegally killing an elk is a Class A misdemeanor rather than a Class B, which means higher fines and more potential jail time than other big game violations. Licensed deer hunters can take one elk per year as an incidental harvest in most of the state, but several counties and federal lands in the northern plateau are excluded, and the kill must be reported to the TWRA the same day.
Every animal killed illegally counts as a separate offense, and courts can order restitution on top of criminal fines.
State-Listed Endangered and Threatened Species
Tennessee keeps its own endangered and threatened species list under Title 70, Chapter 8. The TWRA manages it separately from the federal list, so a species can be state-protected even if it isn’t federally listed. Tennessee has also adopted the federal list by regulation, meaning every federally protected species is automatically state-protected too.
Animals covered by the state list include the Eastern Hellbender, the Tennessee Cave Salamander, the Allegheny woodrat, Rafinesque’s big-eared bat, the Barrens topminnow, and the Bewick’s wren. Killing a state-listed endangered species is punishable under Tennessee Code § 70-8-310 by up to a $1,000 fine, six months in jail, or both, with a mandatory minimum fine of $100 for a first conviction and $500 for any conviction after that. The penalties apply per animal.
Federally Protected Species
Several species in Tennessee carry federal protection under the Endangered Species Act. Tennessee’s cave systems are critical habitat for the Gray Bat and the Indiana Bat, both federally endangered. Disturbing their roosting caves — not just killing the animals — can trigger enforcement by the U.S. Fish and Wildlife Service.
Freshwater species like the Duskytail Darter and the Pale Lilliput Mussel are federally protected because of habitat degradation and water pollution, and actions that destroy their habitat or degrade water quality enough to kill them can violate federal law even without intent to target them. The Whooping Crane, one of the rarest birds in North America, occasionally passes through Tennessee during migration. The Red Wolf is federally endangered; no established wild population lives in Tennessee, but killing one that wandered in would still be a federal offense.
Migratory Birds and Eagles
The Migratory Bird Treaty Act protects 1,106 bird species, and it applies fully in Tennessee. The scope is wider than most people assume. Northern cardinals, eastern bluebirds, crows, blackbirds, and many species that seem common are all covered. You cannot kill, capture, sell, or possess any of them, or their nests, eggs, or feathers, without federal authorization.
Some migratory species do have regulated hunting seasons. Doves, mallards, wood ducks, and other game birds can be hunted during specific windows with the right permits and within bag limits. Hunting outside those windows, exceeding the limits, or using prohibited methods all violate the MBTA.
The feather rule surprises people. You can keep feathers and skins from migratory game birds you’ve legally harvested, but picking up a hawk feather from the ground or collecting an abandoned songbird nest is technically illegal without a permit. Casual enforcement is rare; the prohibition still applies.
Bald and golden eagles have their own federal statute on top of the MBTA. The Bald and Golden Eagle Protection Act makes killing, possessing, selling, or even disturbing an eagle a criminal offense, with penalties of up to $5,000 and one year in prison for a first conviction, rising to $10,000 and two years for a second. Civil penalties of up to $5,000 per violation can be added on top. Each eagle counts as a separate violation. Both species nest in Tennessee, particularly bald eagles along major rivers and reservoirs, and construction activity near a nesting tree can qualify as a “take.”
Protected Non-Game Animals
Plenty of non-game animals carry legal protection too. Eastern Box Turtles cannot be collected, sold, or killed in Tennessee because of declining populations tied to habitat loss and the illegal pet trade. The TWRA treats box turtle violations seriously because the species reproduces slowly.
Native snakes, including the Timber Rattlesnake and Northern Pine Snake, are protected. Killing a rattlesnake in the woods is illegal even though many people assume venomous snakes are fair game. River otters, extirpated from much of the state by the mid-20th century and reintroduced through managed restocking, cannot be killed without a TWRA-issued permit. Flying squirrels are also protected because of their sensitivity to habitat disruption, though they aren’t formally endangered.
Animals You Can Legally Kill
Not everything is off-limits. Coyotes and striped skunks can be hunted year-round with no bag limit. Beaver, groundhogs, and several other species can be trapped year-round. Raccoons and opossums have hunting seasons and bag limits, but they can be trapped throughout the year.
Wild hogs are their own case. Tennessee classifies them as a destructive species, and it is actually illegal to possess, transport, or release a live wild hog. Landowners can shoot them year-round in daylight without limit using any legal firearm or ammunition. With a Base Wild Hog Exemption from the TWRA, a landowner can also shoot hogs at night with artificial light, night vision, or thermal devices from February through mid-August and trap with bait year-round. An Enhanced Exemption, issued at an officer’s discretion where hog damage has been demonstrated, allows year-round night shooting, baiting, and the use of dogs. Annual kill numbers must be reported to the TWRA to renew any exemption.
Self-Defense and Property Damage
Tennessee law lets you kill a protected animal in self-defense, but the standard is narrower than most people expect. Under Tennessee Code § 70-4-134, self-defense applies only when the animal’s behavior gives you a reasonable belief that you face imminent death or serious bodily injury, meaning something involving substantial risk of death, extreme pain, protracted disfigurement, or significant loss of a bodily function. A deer in your garden does not qualify.
There is also a duty to retreat. If you can safely move away from the animal, you are expected to. That duty disappears if the animal enters your home, tent, camper, or other occupied living structure. If you do kill a big game animal in self-defense, you must notify the TWRA within 24 hours and leave the animal in place until the agency authorizes its removal.
Property damage runs on a separate track. Tennessee Code § 70-4-115 lets landowners destroy wild animals, birds, or fowl that are actively destroying property on their land. Big game animals, defined as deer, wild turkey, and bear, require a TWRA permit first, even on your own property. To get one, contact your regional TWRA office; an officer will be assigned to assess the damage. If the animal causing the problem is federally protected, you also need a permit from the U.S. Fish and Wildlife Service before doing anything.
Accidental Kills and Roadkill
Hitting a deer with your car is not a crime, and Tennessee does not require you to report a game animal accidentally killed by a vehicle. If you want to keep the deer, you must notify the TWRA or a law enforcement officer within 48 hours and give your name and address. The officer relays the report to the TWRA.
Bears are stricter. You can only take possession of a bear killed by a vehicle if a TWRA enforcement officer authorizes it and issues you a kill tag on the spot.
Roadkill salvage does not apply to federally protected wildlife or to species protected under Tennessee’s state endangered species laws in Chapter 8 of Title 70. Hitting a federally listed animal does not give you the right to possess it. With any unusual species, the safest move is to leave it and report the incident to the TWRA.
Penalties for Illegal Killing
Penalties scale with the severity of the offense and the species involved. The baseline violation under Tennessee Code § 70-4-102, killing wildlife outside legal methods, seasons, or authorizations, is a Class B misdemeanor carrying up to six months in jail and a fine of up to $500. Each animal counts as a separate offense.
Big game violations run harsher. Illegally killing deer, turkey, or bear is a Class B misdemeanor; elk poaching is a Class A misdemeanor punishable by up to 11 months and 29 days in jail and up to $2,500 in fines. On any second or subsequent big game conviction, Tennessee law makes the jail sentence mandatory, and the court cannot suspend it.
Courts can also order restitution to the TWRA on top of criminal fines. The statutory minimums are:
- At least $1,000 per animal for wild turkey, antlerless deer, or small-antlered deer under 8 points.
- At least $1,500 per animal for larger antlered deer of 8 points or more.
State-listed endangered species carry separate penalties under Tennessee Code § 70-8-310: up to $1,000 and six months in jail, with a mandatory minimum fine of $100 for a first offense and $500 for later convictions.
Federal Penalties
Federal charges raise the exposure sharply. Knowingly violating the Endangered Species Act can bring fines up to $50,000 and imprisonment up to one year per violation. MBTA violations carry fines up to $15,000 and up to six months in jail. Eagle Act violations start at $5,000 and one year for a first offense, rising to $10,000 and two years for repeat convictions, with civil penalties of up to $5,000 per violation added on top. Federal enforcement typically comes from the U.S. Fish and Wildlife Service, often working alongside TWRA officers.
Getting a Permit
Legal paths exist for handling or removing protected wildlife. The TWRA issues scientific permits for research and specimen collection, Wildlife Management Area permits for field studies on public lands, rehabilitator permits for injured wildlife care, and educator permits for captive wildlife used in educational programs. Anyone collecting wildlife specimens for any purpose must either hold a scientific permit or be accompanied by someone who does.
For property damage, contact your regional TWRA office. An officer will assess the situation and, for big game, may issue a destruction permit. Professional nuisance wildlife control requires a separate Animal Damage Control Operator permit, which requires demonstrated knowledge of wildlife control techniques.
Federal permits add a second layer for federally protected species. Depredation permits from the U.S. Fish and Wildlife Service may authorize killing migratory birds causing serious agricultural damage, under strict conditions. Blackbirds, cowbirds, crows, grackles, and magpies can be controlled without a federal permit when they are actively causing serious crop or livestock damage, but that exception does not extend to other protected bird species.