§ 70-8-303 — Part definitions

Tennessee § 70-8-303

• Jurisdiction: Tennessee
• Title: 70

Text

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of environment and conservation and the commissioner's authorized representatives; (2) "Conserve" and "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; such methods and procedures also include all activities associated with scientific resource conservation, such as research, census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range; (3) "Department" means the department of environment and conservation; (4) "Ecosystem" means a system of living organisms and its environment, each influencing the existence of the other and both necessary for the maintenance of life; (5) "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; (6) "Endangered Species Act" means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884) ( 16 U.S.C. § 1531 et seq.), as subsequently amended; (7) "Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale; (8) "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; (9) "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; (10) "Plant" means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant; (11) "Public works project" means any federal, state, county or municipal or other governmental project; (12) "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; and (13) "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.

Legislative History

Acts 1985, ch. 242, § 3; T.C.A., § 11-26-203.