[See the Compiler’s Notes.]

(a) Any person, firm or corporation that purchases or otherwise obtains freshwater mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources agency the amount equal to $0.0145 per pound of mussel shells or $0.0124 per pound of mussels, shell with meat, purchased or obtained.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 70-2-222

  • 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.
  • 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
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • 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
(b) The payment to the agency shall be calculated from receipts filled out by the buyer for each transaction. A copy of each receipt will be given to the seller and a copy retained by the buyer, and shall be made available by the buyer for inspection by agents of the agency or the office of the comptroller of the treasury for a period of two (2) years. When mussels are sold without first going through a buyer, the method of payment shall be as described in proclamations promulgated by the fish and wildlife commission. For purposes of this section, a “buyer” is any person, firm or corporation that buys or otherwise obtains mussels from mussel harvesters or other mussel buyers, either for use within the state or for exporting from Tennessee.
(c) Payments from buyers shall be made monthly, and must be received by the agency no later than the fifteenth day of the following month.
(d) Revenue from this section shall be used for mussel management, research, and enforcement. However, no more than twenty-five percent (25%) of the total revenue shall be spent on enforcement.
(e) A violation of this section is a Class A misdemeanor.
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