Terms Used In Tennessee Code > Title 40 > Chapter 13 > Part 2 - Form and Sufficiency

• Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
• Agency: means the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
• Agency: means the primary agency within the state that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• 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
• Commission: means the Tennessee fish and wildlife commission. See Tennessee Code 70-9-103
• Commissioner: means the commissioner of environment and conservation and the commissioner's authorized representatives. See Tennessee Code 70-8-303
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Cultivated ginseng: means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng. See Tennessee Code 70-8-202
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of environment and conservation. See Tennessee Code 70-8-303
• Devise: To gift property by will.
• Director: means the executive director of the Tennessee wildlife resources agency, the director's duly authorized representative, and, in the event of the director's absence or a vacancy in the office of director, the assistant director of the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
• Donor: The person who makes a gift.
• 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. See Tennessee Code 70-8-103
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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. See Tennessee Code 70-8-103
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
• Executive director: means the director of the state agency that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
• Export: means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state. See Tennessee Code 70-8-202
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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
• Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
• Fraud: Intentional deception resulting in injury to another.
• Game birds: means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Ginseng: means the plant panax quinquefolius of the araliaceae family. See Tennessee Code 70-8-202
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inherent risks of whitewater activities: means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
  (A) Water. See Tennessee Code 70-7-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landowner: includes any governmental entity. See Tennessee Code 70-7-101
• Landowner: means the owner or lessee of land or the duly authorized agent of such owner or lessee. See Tennessee Code 70-8-202
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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. See Tennessee Code 70-8-103
• Month: means a calendar month. See Tennessee Code 1-3-105
• Motor vehicle: means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel. See Tennessee Code 70-1-101
• Nursery farmer: means any person engaged in the practice of growing or propagating nursery stock for sale. 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
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• OHV: means any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies. See Tennessee Code 70-9-103
• 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. See Tennessee Code 70-8-103
• Participant: means any person who engages in a whitewater activity. See Tennessee Code 70-7-201
• 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, association, partnership, or corporation. See Tennessee Code 70-1-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any individual, corporation, association or partnership. See Tennessee Code 70-8-103
• 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
• Plantlets: means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. See Tennessee Code 70-8-202
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
• premises: includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority. See Tennessee Code 70-7-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public road: means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway. See Tennessee Code 70-1-101
• Public works project: means any federal, state, county or municipal or other governmental project. See Tennessee Code 70-8-303
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• 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
• Sale: means any transfer of possession or ownership for money or other consideration. See Tennessee Code 70-8-202
• Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• 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. See Tennessee Code 70-8-303
• 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
• Statute: A law passed by a legislature.
• Take: means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife. See Tennessee Code 70-8-103
• Threatened: means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future. See Tennessee Code 70-8-103
• 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. See Tennessee Code 70-8-303
• Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
• Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Watchable wildlife: is a ny species or subspecies that is defined in this section as nongame, endangered, threatened or wildlife in need of management. See Tennessee Code 70-8-103
• Whitewater: means rapidly moving water. See Tennessee Code 70-7-201
• Whitewater activity: means navigation on rapidly moving water in a watercraft. See Tennessee Code 70-7-201
• Whitewater professional: means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity. See Tennessee Code 70-7-201
• Wild bird: means all game birds, nongame birds, and raptors. See Tennessee Code 70-1-101
• Wild ginseng: means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas. See Tennessee Code 70-8-202
• Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
• Wildlife management area: means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105