(a) As used in this section, unless the context otherwise requires:

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 70-5-112

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) “Entity of state or local government” means each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government;
(2) “Person” means any individual, partnership, firm, corporation, or association;
(3) “Project” means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of water; and
(4) “Water” means any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion of Reelfoot Lake, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface, subsurface, or underground waters.
(b) Notwithstanding any law or regulation to the contrary, without the prior written approval of the executive director of the agency, or the executive director’s designee, no official, employee, or agent of any entity of state or local government, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of diverting surface or subsurface water that would otherwise flow into Reelfoot Lake. Furthermore, without such prior written approval, no such official, employee, or agent, nor any other person, shall authorize, undertake, or engage in any activity, practice, or project that has or is likely to have the effect of draining or otherwise removing water from Reelfoot Lake. The executive director shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish procedures for obtaining such approval and that delineate the circumstances and conditions, if any, under which such diversion, drainage, or removal may be permitted without detrimental impact upon the management, protection, preservation, or enhancement of Reelfoot Lake or its fish, waterfowl, and wildlife populations and habitats.
(c) Each violation of this section constitutes a Class C misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Any violation that continues into a successive day shall be regarded as a separate offense.
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