(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 continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue proposed regulations not later than April 5, 1975, and develop management programs designed to ensure the continued ability of nongame, endangered or threatened wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife that the executive director deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The executive director shall conduct ongoing investigations of nongame wildlife and may from time to time recommend amendments to such regulations by adding to or deleting from the regulations species or subspecies of nongame wildlife.
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Terms Used In Tennessee Code 70-8-104

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Executive director: means the director of the state agency that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
  • 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
  • Management: includes the entire range of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. See Tennessee Code 70-8-103
  • Person: means any individual, corporation, association or partnership. See Tennessee Code 70-8-103
  • Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
  • Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
  • Take: means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife. 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
  • Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
(b) The commission shall by such regulations establish proposed limitations relating to habitat, alteration, taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife.
(c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife. Subject to the same exception, it is also unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife.
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