§ 70-1-305 — Powers of executive director

Tennessee § 70-1-305

• Jurisdiction: Tennessee
• Title: 70

Text

The executive director of the wildlife resources agency has the power to: (1) Enforce all laws relating to wildlife, and to go upon any property, outside of buildings, posted or otherwise, in the performance of the executive director's duties; (2) Execute all warrants and search warrants for the violation of the laws relating to wildlife; (3) Serve subpoenas issued for the examination, investigation and trial of all offenses against the law relating to wildlife; (4) Arrest without warrant any person found in the act of violating any of the provisions of this title; (5) Offer rewards or payments for information that may aid in the conviction of any offender violating any section, or sections, of this title or any other law relating to wildlife; (6) (A) Enforce any other law as directed by the general assembly; (B) In connection with this duty, in view of the vast expanse of isolated wildlife habitat extant throughout the state, and to facilitate the effective protection of public and private rights and property, particularly in, but not limited to, these isolated areas, the executive director shall, in addition to the authority otherwise conferred by law, be vested with authority to arrest, without warrant or process of any kind, any person committing or attempting to commit a criminal offense in violation of any of the laws of this state if the offense is committed on public lands, rights-of-way or waters under the agency's management or control through lease, cooperative agreement or otherwise; (7) Designate employees of the agency, officers of any other state or of the federal government who are full-time wildlife enforcement personnel, to perform the duties and have the powers as prescribed in this section except subdivision (9); (8) Arrest without warrant any person observed dumping or throwing litter or debris in the lakes, rivers, or on public property in the state; (9) Accept on behalf of the agency gifts of personal property upon such terms and conditions and for such uses and purposes as may be agreed by the donor of the personal property and the executive director; (10) Arrest without warrant any person who violates the prohibited uses of waters posted pursuant to § 69-3-107(15) . The power granted pursuant to this subdivision (10) does not include the authority to investigate violations of the Water Quality Control Act, compiled in title 69, chapter 3, part 1; (11) Exercise the powers of the commissioner of environment and conservation, as provided in title 11, chapter 14, part 1, with respect to the administration of the Reelfoot Lake natural area; and (12) Suspend or reinstate a hunting, fishing or trapping privilege after affording proper due process, pursuant to the terms of any § 70-1-302 agreement involving reciprocal actions relative to wildlife violations.

Legislative History

Amended by 2017 Tenn. Acts, ch. 148,s 2, eff. 4/17/2017. Acts 1974, ch. 481, § 8; 1975, ch. 43, § 1; 1982, ch. 738, § 2; 1982, ch. 917, § 2; T.C.A., § 51-127; Acts 1984, ch. 548, § 4; 1990, ch. 696, § 1; 1990, ch. 891, §§ 4, 5; 1999, ch. 227, § 2.