2019 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 9 - Boating Regulation
Part 2 - Boating Safety
§ 69-9-227. Regulation of commercial operations that lease or rent nonmotorized vessels for noncommercial use.
(a) As used in this section:
(1) “Nonmotorized vessels” means canoes, kayaks, stand-up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars; and
(2) “Waters of Tennessee” means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes.
(b)
(1) The commission is hereby authorized to establish rules, regulations, permits, and procedures regulating all aspects of commercial operations that lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee.
(2) The regulatory authority granted under subdivision (b)(1) does not:
(A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service; or
(B) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction.
(c)
(1) In maintaining information on the number and type of non-motorized vessels leased each day, the information shall be submitted under seal only for the use of the commission and the agency, and may only be used in the aggregate in agency reports and records.
(2) Each outfitter shall submit a regular report from the agency required records on May 1, October 1, and December 1, each year, and the report shall cover activity since the previous report.
(d) The commission may only assess a fee on a commercial outfitter by rule, and no such rule may take effect before July 1, 2021.
(e) The commission may consider the implementation of a multiple year permit system in consideration of the business history of long-term commercial outfitters.
(f) To insure that the views of the commercial paddle craft outfitter community are appropriately communicated as well as to assist the fish and wildlife commission in developing rules and regulations on commercial outfitting, there is created a commercial paddle craft advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, a majority of commercial paddle craft outfitters and other interested stakeholders. The committee shall also strive to develop non-regulatory strategies to address issues and to facilitate access for all users. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members.
