Title 70, Wildlife Resources

(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 la…

(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 ou…

The fish and wildlife commission shall issue such regulations as are necessary to carry out the purposes of this part.

(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 § 7…

(a) None 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, transporta…

(a) The cost of programs established under this part shall be borne by the general fund or other sources. The federal cost share of approved programs pursuant to Pub. L. No. 93-205, 87 Stat. 889, § 6(d)(2)(i) and (ii) (16 U.S.C. § 1535(d)(2)(i) and (ii)), for endangered species s…

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.

(1) 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 ap…

This part is known and may be cited as the “Ginseng Harvest Season Act of 1985.”

(1) 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…

The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year.

(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 remov…

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.

This part is known and may be cited as “The Rare Plant Protection and Conservation Act of 1985.”

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 te…

(1) 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 procedure…

(1) 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 conservat…

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 interes…

(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 …

In conducting inspections to check compliance with this part pursuant to § 70-8-304(6), the commissioner has the right of access to areas where rare plants are growing in the state.

The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from…

(a) It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, rem…

(a) Any person who violates any of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six …

(a) Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municip…

(a) The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee. (b) The commissioner may enter into agreements with federal agencies, other state agencies, other states, po…

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provid…

(a) No rule adopted under this part shall cause undue interference with normal agricultural and forestry practices. (b) Nothing in this part shall be construed to permit a person to violate any provision of federal law concerning federally protected endangered or threatened speci…