§ 70-8-312. Powers of Commissioner
The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee. The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare […]
§ 70-8-313. Rules and Regulations
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provided in this part. The commissioner of agriculture shall review all rules and regulations […]
§ 70-8-314. Limitations on Implementing Provisions
No rule adopted under this part shall cause undue interference with normal agricultural and forestry practices. Nothing in this part shall be construed to permit a person to violate any provision of federal law concerning federally protected endangered or threatened species. Ginseng, Panax quinquefolius, is regulated under title 62, chapter 28 and is exempt from […]
§ 70-8-307. Right of Access for Inspections
In conducting inspections to check compliance with this part pursuant to § 70-8-304(6), the commissioner has the right of access to areas where rare plants are growing in the state.
§ 70-8-308. Public Works Projects
The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used […]
§ 70-8-309. Violations
It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb […]
§ 70-8-310. Penalties
Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, […]
§ 70-8-311. Enforcement of Provisions — Injunctions
Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to […]
§ 70-8-301. Short Title
This part shall be known and may be cited as “The Rare Plant Protection and Conservation Act of 1985”.
§ 70-8-302. Legislative Findings
The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable […]