70-2-222 - Freshwater mussels Purchase Payment Penalty.
70-2-222. Freshwater mussels Purchase Payment Penalty.
(a) Any person, firm or corporation that purchases or otherwise obtains freshwater mussels taken from Tennessee waters shall pay to the Tennessee wildlife resources agency the amount equal to $0.0145 per pound of mussel shells or $.0124 per pound of mussels, shell with meat, purchased or obtained.
(b) The payment to the agency shall be calculated from receipts filled out by the buyer for each transaction. A copy of each receipt will be given to the seller and a copy retained by the buyer, and shall be made available by the buyer for inspection by agents of the agency or the office of the comptroller of the treasury for a period of two (2) years. When mussels are sold without first going through a buyer, the method of payment shall be as described in proclamations promulgated by the wildlife resources commission. For purposes of this section, a buyer is any person, firm or corporation that buys or otherwise obtains mussels from mussel harvesters or other mussel buyers, either for use within the state or for exporting from Tennessee.
(c) Payments from buyers shall be made monthly, and must be received by the agency no later than the fifteenth day of the following month.
(d) Revenue from this section shall be used for mussel management, research, and enforcement. However, no more than twenty-five percent (25%) of the total revenue shall be spent on enforcement.
(e) A violation of this section is a Class A misdemeanor.
[Acts 1991, ch. 522, § 1; 1994, ch. 727, §§ 2-4.]