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;
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Terms Used In Tennessee Code 70-8-112

  • Endangered species: means :
    (A) Any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:
    (i) The destruction, drastic modification, or severe curtailment of its habitat. See Tennessee Code 70-8-103
  • Executive director: means the director of the state agency that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
  • Threatened: means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future. See Tennessee Code 70-8-103
(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.
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