reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 6 - ENFORCEMENT OF WILDLIFE LAWS (§§ 70-6-101 — 70-6-202) › Part 1 - GENERAL PROVISIONS (§§ 70-6-101 — 70-6-107) › Section 70-6-106 - Report and disposition of fines and forfeitures

On or before the fifteenth day of each month, magistrates or clerks of general sessions and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the state wildlife resources agency. The county clerk, magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines or forfeitures collected or taken, and shall pay one half (1/2) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (1/2) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county.
Acts 1951, ch. 115, § 18 (Williams, § 5178.47); impl. am. Acts 1974, ch. 481, § 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-716.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 6 - ENFORCEMENT OF WILDLIFE LAWS (§§ 70-6-101 — 70-6-202) › Part 1 - GENERAL PROVISIONS (§§ 70-6-101 — 70-6-107) › Section 70-6-107 - Grand juries

(a)
The grand juries of the several counties have and possess inquisitorial powers to inquire with respect to the different offenses mentioned in this title that are punishable by a fine of more than fifty dollars ($50.00), or by imprisonment.
(b)
It is the duty of the different judges of the criminal and circuit courts having jurisdiction of such matters to charge the provisions of this title to the grand juries of the different counties at each term of court in the respective counties.
Acts 1951, ch. 115, § 70 (Williams, § 5178.99); T.C.A. (orig. ed.), § 51-717.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 6 - ENFORCEMENT OF WILDLIFE LAWS (§§ 70-6-101 — 70-6-202) › Part 2 - CONTRABAND (§§ 70-6-201 — 70-6-202) › Section 70-6-201 - Confiscation and disposal of wildlife and other articles illegally taken or used

(a)
All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the fish and wildlife commission, and impound and take them before the court trying the person arrested.
(b)
Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested.
(c)
(1)
Upon conviction, the court or jury trying the case shall, except as provided in §§
70-4-116
- 70-4-118, determine whether or not the things seized shall be declared contraband.
(2)
When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2.
(3)
All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
Acts 1951, ch. 115, § 39 (Williams, § 5178.68); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-706; Acts 2007, ch. 65, § 1; 2009, ch. 213, § 1; 2012, ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 6 - ENFORCEMENT OF WILDLIFE LAWS (§§ 70-6-101 — 70-6-202) › Part 2 - CONTRABAND (§§ 70-6-201 — 70-6-202) › Section 70-6-202 - Property used in violation of Sections 70-4-116 - 70-4-118 declared contraband - Seizure

(a)
Any firearm, other hunting device, or equipment used in violation of §§
70-4-116
- 70-4-118 may be seized and held for evidence by the agency. As used in this section, "equipment" does not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated.
(b)
When a seizure of property under subsection (a) results in an arrest and the person charged with the offense is found to be not guilty by a court of competent jurisdiction, the property must be returned by the trial court.
(c)
The court or jury that determines whether a violation of §
70-4-116
, §
70-4-117
, or §
70-4-118
has occurred shall also determine, in the same manner as provided in §
70-6-201
, whether property seized pursuant to this section is contraband and should be forfeited to the state.
Amended by 2022 Tenn. Acts, ch. 894, s 1, eff. 7/1/2022.
Acts 1951, ch. 115, § 45 (Williams, § 5178.74); 1959, ch. 300, § 1; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 105, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 41, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 51-707; Acts 1998, ch. 909, § 3; 1999, ch. 91, § 3; 2009 , ch. 213, § 2; 2011 , ch. 283, § 6.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 1 - LIABILITY OF LANDOWNER TO PERSONS USING LAND (§§ 70-7-101 — 70-7-105) › Section 70-7-101 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
(A)
"Land" or "premises" means and includes all real property, waters, private ways, trees and any building or structure that might be located on real property, waters and private ways;
(B)
"Land" or "premises" includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority; and
(C)
"Land" or "premises" does not include the landowner's principal place of residence and any improvements erected for recreational purposes that immediately surround such residence, including, but not limited to, swimming pools, tennis or badminton courts, barbecue or horse shoe pits, jacuzzis, hot tubs or saunas;
(2)
(A)
"Landowner" means the legal title holder or owner of such land or premises, or the person entitled to immediate possession of the land or premises, and includes any lessee, occupant or any other person in control of the land or premises; and
(B)
"Landowner" includes any governmental entity.
Acts 1963, ch. 177, §§ 1, 2; T.C.A., §§ 51-801, 51-802; Acts 1987, ch. 448, §§ 1, 6-8.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 1 - LIABILITY OF LANDOWNER TO PERSONS USING LAND (§§ 70-7-101 — 70-7-105) › Section 70-7-102 - Landowner's duty of care

(a)
The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in §
70-7-104
.
(b)
The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips except as to known hazards or defects and except as provided in §
70-7-104
.
Amended by 2015 Tenn. Acts, ch. 53,s 1, eff. 4/6/2015.
Acts 1963, ch. 177, § 3; T.C.A., § 51-803; Acts 1987, ch. 448, § 2; 2004, ch. 952, § 2; 2010, ch. 968, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 1 - LIABILITY OF LANDOWNER TO PERSONS USING LAND (§§ 70-7-101 — 70-7-105) › Section 70-7-103 - Effect of landowner's permission

Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, engage in sporting clays, shooting sports, and target shooting, including archery and shooting range activities, ski, ride off-road vehicles, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission:
(1)
Extend any assurance that the premises are safe for such purpose;
(2)
Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or
(3)
Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in §
70-7-104
.
Amended by 2015 Tenn. Acts, ch. 53,s 2, eff. 4/6/2015.
Acts 1963, ch. 177, § 4; T.C.A., § 51-804; Acts 1987, ch. 448, § 3; 2010, ch. 968, § 2.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 1 - LIABILITY OF LANDOWNER TO PERSONS USING LAND (§§ 70-7-101 — 70-7-105) › Section 70-7-104 - Conditions under which liability unaffected

(a)
This part does not limit the liability that otherwise exists for:
(1)
Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
(2)
Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.
(b)
Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by §
70-7-102
for failure to guard or warn of a dangerous condition created by forces of nature.
Acts 1963, ch. 177, § 5; T.C.A., § 51-805; Acts 1987, ch. 448, §§ 4, 5; 2004, ch. 622, § 9; 2009, ch. 602, § 1; 2010, ch. 968, § 3.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 1 - LIABILITY OF LANDOWNER TO PERSONS USING LAND (§§ 70-7-101 — 70-7-105) › Section 70-7-105 - Waiver of landowner's duty of care

Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, for such person's use for a consideration may waive, in writing, the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.
Amended by 2015 Tenn. Acts, ch. 53,s 3, eff. 4/6/2015.
Acts 1989, ch. 149, § 1; 2010, ch. 968, § 4.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 2 - WHITEWATER RAFTING PROFESSIONALS (§§ 70-7-201 — 70-7-205) › Section 70-7-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Engages in whitewater activity" means whitewater rafting;
(2)
"Inherent risks of whitewater activities" means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
(A)
Water;
(B)
Rocks and obstructions;
(C)
Cold water and weather; and
(D)
The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant's ability;
(3)
"Participant" means any person who engages in a whitewater activity;
(4)
"Whitewater" means rapidly moving water;
(5)
"Whitewater activity" means navigation on rapidly moving water in a watercraft; and
(6)
"Whitewater professional" means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity.
Acts 2012, ch. 862, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 2 - WHITEWATER RAFTING PROFESSIONALS (§§ 70-7-201 — 70-7-205) › Section 70-7-202 - Limitations on liability of whitewater professional

Except as provided in §
70-7-203
:
(1)
A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and
(2)
No participant or participant's representative shall make any claim against, maintain an action against, or recover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities.
Acts 2012, ch. 862, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 2 - WHITEWATER RAFTING PROFESSIONALS (§§ 70-7-201 — 70-7-205) › Section 70-7-203 - When liability of whitewater professional imposed

Nothing in §
70-7-202
shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:
(1)
Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;
(2)
Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;
(3)
Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or
(4)
Intentionally injures the participant.
Acts 2012, ch. 862, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 2 - WHITEWATER RAFTING PROFESSIONALS (§§ 70-7-201 — 70-7-205) › Section 70-7-204 - Warning notice

(a)
Every whitewater professional shall either post and maintain signs that contain the warning notice prescribed in subsection (d) or give the warning in writing to participants. The signs shall be placed in clearly visible locations on or near places where the whitewater professional conducts whitewater activities, if the places are owned, managed, or controlled by the professional.
(b)
The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height.
(c)
Every written contract entered into by a whitewater professional for the purpose of providing professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the whitewater professional's business, shall contain in clearly readable print the warning notice specified in subsection (d).
(d)
The signs and contracts described in subsection (a) shall contain the following warning notice:
WARNING
Pursuant to Tenn. Code Annotated title 70, chapter 7, part 2, a whitewater professional is not liable for an injury to or the death of a participant in whitewater activities resulting from the inherent risks of whitewater activities.
Acts 2012 , ch. 862, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 7 - LIABILITY FOR ACTIVITIES (§§ 70-7-101 — 70-7-205) › Part 2 - WHITEWATER RAFTING PROFESSIONALS (§§ 70-7-201 — 70-7-205) › Section 70-7-205 - Written waivers, exculpatory agreements and releases

Nothing in this part modifies, constricts, or prohibits the use of written waivers, exculpatory agreements, or releases, including such waivers, agreements, or releases kept or displayed in electronic format. This part is intended to provide additional limitations of liability for whitewater professionals, whether or not such agreements are used.
Amended by 2020 Tenn. Acts, ch. 524, s 1, eff. 3/6/2020.
Acts 2012 , ch. 862, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-101 - Short title

This part shall be known as the "Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974."
Acts 1974, ch. 769, § 1; T.C.A., § 51-901.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-102 - Declaration of policy

The general assembly finds and declares that:
(1)
It is the policy of this state to manage certain nongame wildlife to ensure their perpetuation as members of ecosystems, for scientific purposes, and for human enjoyment;
(2)
Species or subspecies of wildlife indigenous to this state that may be found to be endangered or threatened within the state should be accorded protection in order to maintain and, to the extent possible, enhance their numbers;
(3)
The state should assist in the protection of species or subspecies of wildlife that are deemed to be endangered or threatened elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species or subspecies of wildlife listed on the United States' List of Endangered Fish and Wildlife as set forth in this part, unless such actions will assist in preserving or propagating the species or subspecies; and
(4)
Adequate funding should be made available to the agency annually by appropriations from the general fund or from other sources for management of nongame and endangered species.
Acts 1974, ch. 769, § 2; T.C.A., § 51-902.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-104 - Nongame species - Promulgation of regulations - Prohibited acts

(a)
The executive director shall conduct an investigation on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue proposed regulations not later than April 5, 1975, and develop management programs designed to ensure the continued ability of nongame, endangered or threatened wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife that the executive director deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The executive director shall conduct ongoing investigations of nongame wildlife and may from time to time recommend amendments to such regulations by adding to or deleting from the regulations species or subspecies of nongame wildlife.
(b)
The commission shall by such regulations establish proposed limitations relating to habitat, alteration, taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife.
(c)
Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife.
Acts 1974, ch. 769, § 4; 1982, ch. 738, § 35; T.C.A., § 51-904; Acts 1986, ch. 882, § 20; 2012, ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-105 - Endangered or threatened species list

(a)
On the basis of investigation on nongame wildlife provided for in §
70-8-104
and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list of those species or subspecies of wildlife indigenous to the state that are determined to be endangered and threatened within this state, giving their common and scientific names by species and subspecies. This list shall be made available to the public.
(b)
The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter, and may amend the list by such additions or deletions as are deemed appropriate. The executive director shall submit to the governor a summary report of the data used in support of all amendments to the state list during the preceding biennium and shall make a current list available to the public.
(c)
In the event the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17 , Appendix D), is modified subsequent to April 5, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described in subsection (a), the fish and wildlife commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.
Acts 1974, ch. 769, § 5; T.C.A., § 51-904; Acts 1986, ch. 882, §§ 21, 22; 2012 , ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-106 - Management programs - Exceptions to regulations

(a)
The executive director shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered or threatened wildlife. The executive director shall utilize all authority vested in the agency to carry out the purposes of this section.
(b)
In carrying out programs authorized by this section, the executive director may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under this section or utilized for management of nongame and endangered or threatened wildlife.
(c)
The governor shall review other programs administered by the governor and, to the extent practicable, utilize such programs in furtherance of the purposes of this section. The governor shall also encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(d)
The executive director may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife that appear on the state list of endangered or threatened species, on the United States' List of Endangered Native Fish and Wildlife ( 50 CFR, Part 17 , Appendix D), as amended and accepted in accordance with §
70-8-105(c)
, or on the United States' List of Endangered Foreign Fish and Wildlife ( 50 CFR, Part 17 , Appendix A), as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife or for other species purposes.
(e)
Upon good cause shown, and where necessary to alleviate damage to property or to protect human health and safety, endangered or threatened species may be removed, captured or destroyed but only pursuant to a permit issued by the executive director and by or under the supervision of an agent of the agency; provided, that endangered or threatened species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the executive director pursuant to §
70-8-104(a)
.
Acts 1974, ch. 769, § 6; T.C.A., § 51-906.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-107 - Rulemaking authority

The fish and wildlife commission shall issue such regulations as are necessary to carry out the purposes of this part.
Acts 1974, ch. 769, § 7; T.C.A., § 51-907; Acts 2012, ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-108 - Penalties for violations - Searches and seizures - Forfeitures - Exception for black vultures

(a)
Any person who violates §
70-8-104(c)
or any regulations issued under §
70-8-104
, or fails to procure or violates the terms of any permit issued thereunder, commits a Class B misdemeanor.
(b)
Any person who fails to procure or violates the terms of any permit issued under §
70-8-106(d) and (e)
commits a Class A misdemeanor.
(c)
Any officer employed and authorized by the executive director or any peace officer of the state or of any municipality or county within the state has the authority to conduct warrantless searches as provided by law, and to execute a warrant to search for and seize any equipment, business records, merchandise or wildlife taken, used, or possessed in connection with a violation of any section of this part. Any such officer or agent may, without a warrant, arrest any person who such officer or agent has probable cause to believe is violating, in the presence or view of the officer or agent, any such section, or any regulation or permit provided for by this part. An officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and seize any wildlife, records, or property taken, or used, in connection with any such violation.
(d)
Equipment, merchandise, wildlife, or records seized under subsection (c) shall be held by an officer or agent of the agency pending disposition of court proceedings, and upon conviction be forfeited to the state for destruction or disposition as the executive director may deem appropriate; provided, that prior to forfeiture, the executive director may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping, the costs of the transfer to be assessable to the defendant. The executive director is authorized to issue regulations to implement this subsection (d).
(e)
(1)
Notwithstanding subsections (a) and (b), it is not an offense for any person to disturb the habitat of, alter, take, attempt to take, possess, or transport a black vulture, also known by the name
Coragyps atratus
, in this state.
(2)
No state funds or personnel, or other state resources, may be used to enforce any prohibition against the disturbance of the habitat of, alteration, taking, attempting to take, possession, or transporting of a black vulture.
(3)
Nothing in this subsection (e) prohibits the agency from using state funds or personnel, or other state resources, to assist landowners in acquiring federal depredation permits for black vultures.
Amended by 2015 Tenn. Acts, ch. 228, s 1, eff. 4/21/2015.
Acts 1974, ch. 769, § 8; T.C.A., § 51-908; Acts 1989, ch. 591, § 113; 1990, ch. 981, § 3.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-109 - Construction of provisions - Importation from other states - Validity and application of part

(a)
None of the provisions of this part shall be construed to apply retroactively or to prohibit importation into the state of wildlife that may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this state but not in the state where originally taken, if the person engaging in the importation demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this subsection (a) shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of wildlife on the United States' List of Endangered Native Fish and Wildlife, compiled in 50 CFR, Part 17 , Appendix D, as amended and accepted in accordance with §
70-8-105(c)
, except as permitted in §
70-8-106(d)
. All importations are subject to applicable state laws and regulations.
(b)
If any provision of this part or the application of this part to any person or circumstance is held invalid, the remainder of this part, and the application of such provision to other persons or circumstances, shall not be affected thereby. This part shall not be construed as superseding any applicable federal statute.
Acts 1974, ch. 769, § 9; T.C.A., § 51-909.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-111 - Authorization to enter agreements

The executive director is authorized to enter into cooperative agreements with other states and the federal government for the establishment and maintenance of programs for the conservation of nongame, endangered or threatened species of wildlife.
Acts 1974, ch. 769, § 11; T.C.A., § 51-911.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 1 - NONGAME AND ENDANGERED SPECIES (§§ 70-8-101 — 70-8-112) › Section 70-8-112 - Species similar to endangered species

The executive director may, by regulation, and to the extent the executive director deems advisable, treat any species as an endangered species or threatened species even though it is not listed, if the executive director finds that:
(1)
Such species so closely resembles in appearance, at the point in question, a species that has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species;
(2)
The effect of this substantial difficulty is an additional threat to an endangered or threatened species; and
(3)
Such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this part.
Acts 1974, ch. 769, § 12; T.C.A., § 51-912.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 2 - GINSENG HARVEST SEASON (§§ 70-8-201 — 70-8-205) › Section 70-8-201 - Short title

This part shall be known and may be cited as the "Ginseng Harvest Season Act of 1985".
Acts 1985, ch. 177, § 1; T.C.A., § 11-26-101.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 2 - GINSENG HARVEST SEASON (§§ 70-8-201 — 70-8-205) › Section 70-8-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Cultivated ginseng" means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng;
(2)
"Export" means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state;
(3)
"Ginseng" means the plant panax quinquefolius of the araliaceae family;
(4)
"Landowner" means the owner or lessee of land or the duly authorized agent of such owner or lessee;
(5)
"Plantlets" means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. Vegetative propagules or clippings of mature plants may be used to create plantlets;
(6)
"Prong" means a ginseng leaf with three (3) to five (5) leaflets;
(7)
"Sale" means any transfer of possession or ownership for money or other consideration; and
(8)
"Wild ginseng" means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas.
Amended by 2019 Tenn. Acts, ch. 125,Secs.s1, s2 eff. 4/9/2019.
Acts 1985, ch. 177, § 2; T.C.A., § 11-26-102.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 2 - GINSENG HARVEST SEASON (§§ 70-8-201 — 70-8-205) › Section 70-8-203 - Dates of harvest season

The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year.
Acts 1985, ch. 177, § 3; T.C.A., § 11-26-103; Acts 2012, ch. 591, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 2 - GINSENG HARVEST SEASON (§§ 70-8-201 — 70-8-205) › Section 70-8-204 - Prohibited activities

(a)
It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by §
70-8-203
.
(b)
It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs.
(c)
It is unlawful for any person who has dug, harvested, collected or removed wild ginseng from any land for the purpose of sale or export to:
(1)
Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or
(2)
Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed.
(d)
It is unlawful to sell or offer for sale wild or cultivated ginseng that was harvested or collected from any state other than Tennessee unless such ginseng has been certified or otherwise approved for export by the state from which the ginseng was harvested, collected, or removed. A certificate shall accompany all wild and cultivated ginseng from other states showing that it has been certified and approved for export.
(e)
It is unlawful for any person, without permission of the landowner, to enter the property of the landowner and dig, harvest, collect, or remove wild or cultivated ginseng. This subsection (e) shall not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.
(f)
It is unlawful for any person to knowingly dig, harvest, collect or remove wild ginseng from any land that such person does not own, on any date not within the wild ginseng harvest season established by §
70-8-203
.
Acts 1985, ch. 177, §§ 4-8; T.C.A., § 11-26-104; Acts 2012, ch. 660, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 2 - GINSENG HARVEST SEASON (§§ 70-8-201 — 70-8-205) › Section 70-8-205 - Penalties

A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part.
Acts 1985, ch. 177, § 9; T.C.A., § 11-26-105; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-301 - Short title

This part shall be known and may be cited as "The Rare Plant Protection and Conservation Act of 1985".
Acts 1985, ch. 242, § 1; T.C.A., § 11-26-201.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-302 - Legislative findings

The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable components of their ecosystems. However, nothing in this part shall be construed to limit the rights of private property owners to take rare plants from their own lands or to manage their lands for agriculture, forestry, development or any other lawful purpose.
Acts 1985, ch. 242, § 2; T.C.A., § 11-26-202.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of environment and conservation and the commissioner's authorized representatives;
(2)
"Conserve" and "conservation" include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range;
(3)
"Department" means the department of environment and conservation;
(4)
"Ecosystem" means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life;
(5)
"Endangered species" means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act;
(6)
"Endangered Species Act" means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) (
16 U.S.C. § 1531
et seq.), as subsequently amended;
(7)
"Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale;
(8)
"Nursery stock" means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis;
(9)
"Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government;
(10)
"Plant" means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant;
(11)
"Public works project" means any federal, state, county or municipal or other governmental project;
(12)
"Special concern species" means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status; and
(13)
"Threatened species" means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a "threatened species" pursuant to the Endangered Species Act.
Acts 1985, ch. 242, § 3; T.C.A., § 11-26-203.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-304 - Powers of commissioner

The commissioner has the power and duty to:
(1)
Conduct investigations on species of rare plants throughout this state in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants;
(2)
Adopt and publish, by rule, a listing of those species of plants that are determined to be endangered within the state;
(3)
Promulgate regulations under which the commissioner shall issue, without charging a fee, annual licenses for the commercial sale or export of any endangered species by nursery farmers;
(4)
Provide training for nursery inspectors concerning rare plants;
(5)
Conduct programs to explain the procedures and requirements of this part to nursery farmers and other persons affected by this part;
(6)
In cooperation with the Tennessee department of agriculture, conduct inspections to check compliance with this part;
(7)
Maintain a list of threatened species and special concern species; and
(8)
Enter into agreements with the commissioner of agriculture by which any of the powers and duties listed in this section may be carried out by representatives or employees of the department of agriculture.
Acts 1985, ch. 242, § 4; T.C.A., § 11-26-204.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-305 - List of endangered species

The list of endangered species promulgated by the commissioner pursuant to §
70-8-304(2)
shall be made on the basis of the investigations authorized by §
70-8-304(1)
, other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons and organizations. The commissioner of agriculture shall review the listing of endangered species before it becomes final and shall concur in the listing of any endangered species before that species may be listed. This listing shall be reviewed at least once every three (3) years and may be amended as necessary. Notwithstanding §
4-5-202
to the contrary, the public through a public hearing shall be provided an opportunity for participation in this listing of plants.
Acts 1985, ch. 242, § 5; T.C.A., § 11-26-205.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 8 - SPECIES PROTECTION AND CONSERVATION (§§ 70-8-101 — 70-8-314) › Part 3 - RARE PLANT PROTECTION AND CONSERVATION (§§ 70-8-301 — 70-8-314) › Section 70-8-306 - Licensing and regulation of nursery farmers

(a)
A license for the commercial sale or export of any endangered species by nursery farmers issued pursuant to §
70-8-304(3)
shall allow a nursery farmer to engage in the commercial sale of any endangered species, subject to the restrictions of subsection (b).
(b)
Each plant of an endangered species that is sold or exported by a nursery farmer shall be:
(1)
Grown horticulturally from seeds or by vegetative propagation on the nursery farmer's land;
(2)
Obtained from any source outside this state;
(3)
Acquired from any person by gift or donation;
(4)
Purchased from any person, subject to the restrictions of §
70-8-309(b)
; or
(5)
Purchased from another nursery farmer in Tennessee.
Acts 1985, ch. 242, § 6; T.C.A., § 11-26-206.