§ 69-9-227 — Regulation of commercial operations that lease or rent nonmotorized vessels for noncommercial use

(a) As used in this section: (1) "In the aggregate" means the number of nonmotorized vessels by type rented in each water body; (2) "Nonmotorized vessels" means canoes, kayaks, stand-up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars; and (3) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes. (b) (1) The commission is authorized to establish rules, permits, and procedures regulating commercial operations that: (A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and (B) Utilize vessel launches or ramps, or other property, owned or managed by the agency. (2) The regulatory authority granted under subdivision (b)(1) does not: (A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service; (B) Apply to commercial operations permitted by the department of environment and conservation pursuant to a commercial use authorization under § 11-1-118 , or other law; or (C) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction. (c) (1) In maintaining information on the number and type of non-motorized vessels leased each day, the information shall be submitted under seal only for the use of the commission and the agency, and may only be used in the aggregate in agency reports and records. (2) No later than October 31, 2023, and every October 31 thereafter, an outfitter shall submit an annual report providing the agency-required records for activities that occurred since the last report. An outfitter shall supplement its report by December 30 for activity occurring subsequent to the outfitter's October 31 report. If a report is incomplete and the agency has provided notice that the outfitter has provided incomplete information, the outfitter has thirty (30) days from the date of notification to submit additional information to the agency. (d) The commission may only assess a fee on a commercial outfitter by rule, and no such rule may take effect before July 1, 2021. (e) The commission may consider the implementation of a multiple year permit system in consideration of the business history of long-term commercial outfitters. (f) To insure that the views of the commercial paddle craft outfitter community are appropriately communicated as well as to assist the fish and wildlife commission in developing rules and regulations on commercial outfitting, there is created a commercial paddle craft advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, a majority of commercial paddle craft outfitters and other interested stakeholders. The committee shall also strive to develop non-regulatory strategies to address issues and to facilitate access for all users. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members.

Legislative History

Amended by 2023 Tenn. Acts, ch. 235, s 4, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 3, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 1, eff. 4/25/2023. Amended by 2019 Tenn. Acts, ch. 347, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 347, s 1, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.