Tennessee Code Title 70. Wildlife Resources § 70-2-205

(b)(1) A “commercial fisher” is any person who takes or who aids and assists another person in taking fish or other aquatic life from any of the waters, lakes, streams or ponds of this state for pay, or for the purpose of sale, barter or exchange. Any person fishing with commercial fishing gear shall be deemed to be a commercial fisher within the meaning of this subdivision (b)(1). All persons using fishing tackle or fishing gear other than that permitted to be used by a person having or holding a sport fishing license is likewise deemed and considered a commercial fisher within the meaning of this subdivision (b)(1).

(2) A “commercial musseler” is any person who takes mussels from any of the waters of this state for pay, or for the purpose of sale, barter or exchange.

(3) “Person” includes the plural as well as the singular, as the case demands, and includes individuals, partnerships, associations or corporations.

(e)(1) Any violation of this section is a Class A misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($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 (6) months. Any nonresident convicted of violation of this section shall be prohibited from engaging in commercial fishing or mussel taking in Tennessee for a period of five (5) years from the date of conviction, in addition to any other penalties prescribed by law.

(2) In addition to the fines prescribed in this subsection (e), any person found guilty of engaging in business as defined in subsection (b) without the necessary licenses shall be sentenced to thirty (30) days in the county jail or workhouse, which sentence may be suspended if such person shall show to the court that such person has subsequently purchased the appropriate licenses.