(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 70-5-107

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
  • Wildlife management area: means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The supervision and control over all, or any part, of the lands belonging to the state and vested in this chapter in the executive director, with the exception of such lands as may have been or may hereafter be acquired by the use of federal aid funds, may, at any time hereafter, be transferred by the wildlife resources agency, with the approval of the governor and the commissioner of environment and conservation, to the division of parks and recreation, for the purpose of constructing and maintaining state parks.
(2) In the event of any such transfer, the agency may retain joint use of any office buildings or facilities situated on such lands as may be transferred and necessary for its use.
(3) The commissioner of environment and conservation has the same power and authority to grant leases of property transferred to the department of environment and conservation upon the same conditions and terms as provided in this chapter for the executive director.
(b) Leases executed under this section shall be approved by the governor and the attorney general and reporter.
(c) Prior to the construction of any facility or improvement on state lands at Reelfoot Lake, the plans and specifications for the construction shall be presented to the department or agency having jurisdiction over the lands, which shall authorize such construction as is deemed appropriate, and such authorization shall be evidenced by written supplements to the leases. The executive director, under the supervision of the agency, is authorized to permit the construction, maintenance, and operation of facilities deemed necessary for the best utilization of Reelfoot Lake in the public interest, such facilities or developments to include, but not be limited to, boat docks, fishing piers, camp sites, trailer camps, picnic areas, hotels, motels, restaurants, fish markets and other retail stores, and to grant leases of lands for a period of twenty (20) years or less upon such terms and for such purposes as may be deemed reasonable in the public interest. The leases may contain a provision giving the lessee the option of renewing the lease upon like terms and conditions and for the same term. The leaseholds may be sold; provided, that the sale has been approved by the executive director, the governor, and the attorney general and reporter, but a sale made without their approval shall be void. Furthermore, the executive director has the power to remove any person or persons, at any time, from any of the islands or other lands on Reelfoot Lake belonging to the state who fail to observe the laws, rules and regulations governing the islands or waters of the lake, or who violate any of the provisions of any agreement or lease entered into with the executive director. All revenues collected pursuant to such leases by the agency shall be set aside by the agency to be used exclusively for habitat and resource development at Reelfoot Lake.
(d)

(1) All lands owned in fee simple by the state of Tennessee or by condemnation or by lease, surrounding the waters of, or which are surrounded by, the waters of Reelfoot Lake, are hereby designated as a state wildlife management area, except for those properties operated by the division of parks and recreation, as the Reelfoot Lake state resort park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres.
(2) It is hereby declared that the ordinary high water mark of Reelfoot Lake is two hundred eighty-five feet (285′) mean sea level.
(3) Notwithstanding any other law to the contrary, exclusive control over the water level in Reelfoot Lake is hereby vested in the executive director.
(e) A violation of this section is a Class C misdemeanor.
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