2019 Tennessee Code
Title 70 - Wildlife Resources
Chapter 8 - Species Protection and Conservation
Part 1 - Nongame and Endangered Species
§ 70-8-103. Part definitions.

(1) “Agency” means the primary agency within the state that has statutory authority to manage wildlife populations;

(2) “Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life;

(3) “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;

  • (ii) Its overutilization for scientific, commercial or sporting purposes;

  • (iii) The effect on it of disease, pollution, or predation;

  • (iv) Other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

  • (v) Any combination of the foregoing factors; or

• (B) Any species or subspecies of fish or wildlife appearing on the United States' List of Endangered Native Fish and Wildlife as it appears on April 5, 1974 (50 CFR, Part 17, Appendix D), as well as any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Foreign Fish and Wildlife (50 CFR, Part 17, Appendix A), as such list may be modified hereafter;

(4) “Executive director” means the director of the state agency that has statutory authority to manage wildlife populations;

(5) “Management” means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. “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. “Management” includes, when and where appropriate, the periodic or total protection of species or populations as well as regulated taking;

(6) “Nongame species” means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean or other wildlife not ordinarily taken for sport, fur, food or other commercial use;

(7) “Optimum carrying capacity” means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function;

(8) “Person” means any individual, corporation, association or partnership;

(9) “Take” means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife;

(10) “Threatened” means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future;

(11) “Watchable wildlife” is any species or subspecies that is defined in this section as nongame, endangered, threatened or wildlife in need of management. It further includes any wildlife species or subspecies when their use is nonconsumptive to the extent that such activities are consistent with their legal taking and welfare; and

(12) “Wildlife in need of management” means any species or subspecies of wildlife that needs specific management to prevent it from becoming a threatened species within the state in the foreseeable future.