As used in this part, unless the context otherwise requires:

(1) “Commissioner” means the commissioner of environment and conservation and the commissioner’s authorized representatives;

Terms Used In Tennessee Code 70-8-303

  • Commissioner: means the commissioner of environment and conservation and the commissioner's authorized representatives. See Tennessee Code 70-8-303
  • conservation: include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems. See Tennessee Code 70-8-303
  • 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.
  • Department: means the department of environment and conservation. See Tennessee Code 70-8-303
  • Endangered species: means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act. See Tennessee Code 70-8-303
  • Endangered Species Act: means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. See Tennessee Code 70-8-303
  • Nursery stock: means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 70-8-303
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government. See Tennessee Code 70-8-303
  • Plant: means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant. See Tennessee Code 70-8-303
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Resident: means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. 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
(2) “Conserve” and “conservation” include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range;
(3) “Department” means the department of environment and conservation;
(4) “Ecosystem” means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life;
(5) “Endangered species” means any species or subspecies of plant whose continued existence as a viable component of the state‘s flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an “endangered species” pursuant to the Endangered Species Act;
(6) “Endangered Species Act” means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) (16 U.S.C. § 1531 et seq.), as subsequently amended;
(7) “Nursery farmer” means any person engaged in the practice of growing or propagating nursery stock for sale;
(8) “Nursery stock” means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis;
(9) “Person” means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government;
(10) “Plant” means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant;
(11) “Public works project” means any federal, state, county or municipal or other governmental project;
(12) “Special concern species” means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status; and
(13) “Threatened species” means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a “threatened species” pursuant to the Endangered Species Act.
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