Definitions

(1) “Agency” and “TWRA” mean the Tennessee Wildlife Resources Agency. (2) “Non-motorized vessel” (hereinafter referred to as “NMV”) 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. (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. (4) “Commercial NMV outfitter” means any entity (e.g., business, joint venture, individual, etc.) that leases or rents NMV for non-commercial use by the public on the waters of Tennessee, except it does not mean: (a) A commercial outfitter operating pursuant to and in possession of a permit issued by the United States Forest Service on waters in and adjacent to the Cherokee National Forest; (b) A commercial outfitter operating at a lake or pond wholly contained within the boundaries of any property owned or operated by the Tennessee Department of Environment and Conservation or the Agency; or RULES AND REGULATIONS GOVERNING COMMERCIAL CHAPTER 1660-04-01 NON-MOTORIZED VESSEL OUTFITTERS (c) Any state governmental entity. (5) “Life jacket” means a personal flotation device approved by the Commandant of the Coast Guard under 46 CFR part 160. (6) “Public access area” means a government-owned area open to the public that grants the public access to the waters of Tennessee such as a boat ramp or canoe/kayak steps. (7) “Accident” means any occurrence in which the operator of a commercial NMV requires medical attention beyond basic first aid. (8) “Water rescue” means any occurrence in which, absent intervention, an occupant or operator of a commercial NMV could suffer serious bodily injury or death.