The state's population density is 119 people per square mile. Population density has increased 8 percent since 1982. The amount of developed land increased 25 percent between 1982 and 1992. The overall risk to ecosystems is extreme. There is a 95 percent loss of old-growth forests in the Cumberland Plateau and between an 80 and 90 percent loss of old-growth in Blue Ridge province. Although 100 percent of spruce-fir forest has been degraded, only 10 to 20 percent of habitat has been lost. The state has 79 federally listed threatened and endangered species.
Biological Diversity Policy
Tennessee has a biodiversity policy entitled the Tennessee Biodiversity Program. The program is a joint venture involving state and federal resource agencies designed to conserve biodiversity through education and outreach to the variety of landowners in the state. Efforts are also underway to involve planners and local government officials. In addition, the general assembly found that protection of the states land, water and biological resources was necessary to maintain the state's natural diversity and health. Several provisions relating to conservation easements were enacted to implement this policy. (Tenn. Code Ann. 66-9-301 et seq.) Finally, the Natural Areas Preservation Act states that some areas possessing scenic biological, geological and recreational values should be protected. (Tenn. Code Ann. 11-14-101 et seq.)
Status of Biodiversity Science
Tennessee does not have a coordinated assessment system in place. Instead, the state utilizes the Natural Heritage database and GAP. GAP was initiated in 1993. Currently, data sets are being assembled and implementation is being planned. In addition, an accuracy assessment has been developed. The Tennessee Biodiversity Program uses GAP, Natural Heritage and a Bird Atlas information to highlight areas in need of protection and conservation planning. In addition, the Tennessee Rivers Information System includes data on physical characteristics, fish distributions, recreational and navigational uses in the state. Discussions of integrating this data with GAP are ongoing.
Endangered Species
Tennessee has an endangered species law that covers animal species and subspecies. (Tenn. Code Ann. 70-8-101 et seq.) Listings are based on scientific and commercial data only. The law does not require recovery plans, critical habitat designation or agency consultation, although management programs are required. Violations include penalties of $25 to $1,000 and imprisonment of up to one year. Seizure of property is also authorized.
For plants, the Rare Plant Protection and Conservation Act authorizes investigation, listing and education efforts. (Tenn. Code Ann. 70 8-301 et seq.) Listing is based on scientific and commercial data only. The act cannot be used to interfere with, delay or impede any public works project. Penalties include fines up to $1,000 and/or imprisonment of up to six months.
State Agency Management for Biodiversity
State-owned Lands
Some state agencies manage their lands in a biologically sustainable manner. For example, all lands owned by the state, except for specified areas, are designated as state wildlife management areas. (Tenn. Code Ann. 70-5-107) In addition, natural resource areas, managed by the Division of Parks of the Department of Conservation, are regulated to preserve plant and animal wildlife. (Tenn. Admin. Reg. 0400-2-8)
Cooperative Efforts
One example of a cooperative effort is the Tennessee Partners Program, a cooperative costshare program to enhance winter waterfowl habitat. The program is operated under an agreement with private landowners and federal and state agencies. In addition, the Tennessee Wildlife Resources Agency has formed interstate and regional biodiversity/ecosystems conservation planning programs for the Interior Low Plateaus and the Mississippi Alluvial Plain involving federal and state agencies, private landowners, and conservation groups.
State Agency Training
Some in-service training on biodiversity is currently held in the Tennessee Wildlife Resources Agency.
Impact Assessment
Tennessee does not have a "little NEPA." However, by statute, any person or agency planning an energy project must submit an analysis of the environmental impacts of the project. (Tenn. Code Ann. 13-18-103) In addition, any person conducting oil and gas activities must prevent or mitigate adverse environmental impacts. (Tenn. Code Ann. 60-1-202)
Habitat Acquisition
Tennessee has some programs to acquire land for wildlife and wildlife habitat. The Natural Areas Preservation Act authorizes the state to acquire lands to protect their scenic, natural or scientific values. (Tenn. Code Ann. 11-14-101 et seq.) The U.A. Moore Wetlands Acquisition Act was designed to acquire wetlands and bottomland hardwood forests. (Tenn. Code Ann. 11-14-401 et seq.) Funding is provided by a recordation tax imposed in 1986 on all transfers of realty. Since 1986, $35 million has been generated for wetland acquisitions. The Tennessee Wildlife Resources Agency submitted a proposal in July of 1995 to acquire 1800 acres using monies from the wetlands acquisition fund, which will be merged with other holdings into a 250 square mile swath of restored wildlife habitat. Finally, the Department of Environment and Conservation administers the Local Parks and Recreation Fund which is for land acquisition, trail and facility development. Funding also comes from the recordation tax.
Private Land Conservation
Tennessee has private land conservation programs. For example, conservation easements are authorized by statute. (Tenn. Code Ann. 66-9- 301 et seq.) Owners of land subject to a conservation easement are not liable for injury to third person using the land. (Tenn. Code Ann. 11-10103) A Forest Stewardship Program assists private landowners with conservation issues. In addition, the Tennessee Biodiversity Program encourages private landowners to protect critical areas.
Exotic Species
Tennessee has some exotic species control provisions, including the regulation of noxious weeds. The sale and distribution of noxious weeds is regulated by statute. (Tenn. Code Ann. 9943-10-101 et seq.) For animals, the possession, sale, import or export of any wildlife requires a permit. (Tenn. Code Ann. 70-4-401 et seq.) Seizure of the wildlife, along with fines of not less than $50 is authorized. In addition, it is unlawful to release any wildlife into the state unless specifically permitted by statute.
Predator or Animal Damage Control Activities
Tennessee has an animal damage control program that is run primarily by the federal government. A blackbird control program is operated by the federal government under a cooperative agreement. In addition, landowners may destroy wild animals, birds or fowl that are destroying their property, but must have a permit to destroy big game. (Tenn. Code Ann. 70-4- 115) The state also has statutory authority for animal damage control. The Tennessee Wildlife Resources Agency operates the permit process for the taking of nuisance animals. Regulations require the humane handling or killing of animals and also permits the relocation of animals to areas approved by the agency.
Additional Legal Protections for Biodiversity
No constitutional or common law protections were identified by the research.
Related Issues
The Tennessee Biodiversity Project has proposed biodiversity programs for the schools, along with workshops for natural resource professionals and local officials. The state participates in Project WILD and published a wildlife viewing guide in 1993.
A state statute prohibits pollution that is injurious to aquatic life or which destroys aquatic habitat. (Teen. Code Ann. 70-4-206) Violations constitute a misdemeanor and/or public nuissance.
Tennessee passed takings legislation in 1994. (Teen. Code Ann. 12-1-201 et seq.) The legislation directs the attorney general to issue guidelines defining a regulatory takings. If a court determines that a taking has occurred, any effect on the value of the property for property tax assessment purposes must be considered.
Contacts:
Departmcnt of Agriculture
P.O. Box 40627
Melrose Station
Ellington Agricultural Center
Nashville, TN 37204
615-360-0103
State Extension Services
Agricultural Extension Service
University of Tennessee
P.O. Box 1071
Knoxville, TN 37901-1071
615-974-7114
Tennessee Wildlife Resources Agency
P.O. Box 40747
Ellington Agricultural Center
Nashville, TN 37204
615-781-6500
Tennessee ADC State Director
441 Donelson Pike
Suite 340
Nashville, TN 37214
615-736-5506
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu