Title 70, Wildlife Resources

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 resource…

(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 …

(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 p…

(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 ve…

(1) 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” in…

(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, canoein…

(1) 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, bir…

(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 …

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, rec…

(1) 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 lim…

(1) 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, ma…

(1) 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 …

(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 profes…

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 fo…

This part is known as the “Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974.”

(1) 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 …

(1) As used in this part unless the context requires otherwise:(1) “Agency” means the primary agency within the state that has statutory authority to manage wildlife populations;(2) “Ecosystem” means a system of living organisms and their environment, each influencing the existen…

(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 cont…

(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…

This chapter is known and may be cited as the “Tennessee Off-Highway Vehicle Act.”