Endangered Species - Listing Authority and Process - Tennessee

(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.

(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.

Citation: T. C. A. § 70-8-104.

(a) On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list of those species or subspecies of wildlife indigenous to the state that are determined to be endangered and threatened within this state, giving their common and scientific names by species and subspecies. This list shall be made available to the public.

(b) The commission shall conduct a review of the state list of endangered species within not more than two (2) years from its effective date and every two (2) years thereafter, and may amend the list by such additions or deletions as are deemed appropriate. The executive director shall submit to the governor a summary report of the data used in support of all amendments to the state list during the preceding biennium and shall make a current list available to the public.

(c) In the event the United States’ List of Endangered Native Fish and Wildlife, compiled in 50 CFR, Part 17, Appendix D, is modified subsequent to April 5, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the state may be accepted as binding if, after the type of scientific determination described in subsection (a), the fish and wildlife commission by regulation accepts such modification for the state. Any such regulation shall be effective upon promulgation.

Citation: T. C. A. § 70-8-105.

The fish and wildlife commission shall issue such regulations as are necessary to carry out the purposes of this part.

Citation: T. C. A. § 70-8-107.

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;

(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.

Citation: T. C. A. § 70-8-112.

The commissioner has the power and duty to:

(1) Conduct investigations on species of rare plants throughout the state of Tennessee in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants;

(2) Adopt and publish, by rule, a listing of those species of plants that are determined to be endangered within the state;

(3) Promulgate regulations under which the commissioner shall issue, without charging a fee, annual licenses for the commercial sale or export of any endangered species by nursery farmers;

(4) Provide training for nursery inspectors concerning rare plants; 

(5) Conduct programs to explain the procedures and requirements of this part to nursery farmers and other persons affected by this part;

(6) In cooperation with the Tennessee department of agriculture, conduct inspections to check compliance with this part;

(7) Maintain a list of threatened species and special concern species; and

(8) Enter into agreements with the commissioner of agriculture by which any of the powers and duties listed in this section may be carried out by representatives or employees of the department of agriculture.

Citation: T. C. A. § 70-8-304.

The list of endangered species promulgated by the commissioner pursuant to § 70-8-304(2) shall be made on the basis of the investigations authorized by § 70-8-304(1), other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons and organizations. The commissioner of agriculture shall review the listing of endangered species before it becomes final and shall concur in the listing of any endangered species before that species may be listed. This listing shall be reviewed at least once every three (3) years and may be amended as necessary. Notwithstanding the provisions of § 4-5-202 to the contrary, the public through a public hearing shall be provided an opportunity for participation in this listing of plants.

Citation: T. C. A. § 70-8-305.