Terms Used In Tennessee Code > Title 70 > Chapter 8 - Species Protection and Conservation

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the primary agency within the state that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
• Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
• 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
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• bondsman: extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. See Tennessee Code 40-11-301
• 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
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Department: means the department of environment and conservation. See Tennessee Code 70-8-303
• Devise: To gift property by will.
• 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
• 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
• 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
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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
• 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
• 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
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• 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
• 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
• 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 any individual, corporation, association or partnership. See Tennessee Code 70-8-103
• Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
• 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
• Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Professional bondsman: means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof. See Tennessee Code 40-11-301
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• 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
• 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.
• 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
• 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
• 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
• 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
• 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