| Tennessee Paddlesports Association
Growing, Protecting, Supporting Tennessee's Paddlesports Businesses |
Current Legislative Issues
TWRA Regulation of Paddlesports Outfitters
April 25, 2023
Governor Lee Signs Legislation to Limit TWRA's Permitting Authority to Use of Their Boat Ramps and Property
Today Governor Lee signed legislation backed by TPA which limits TWRA's permitting and regulatory authority to use of their boat ramps and property. In other words, you are not required to hold a TWRA permit or be subject to their rules, permits and procedures if you do not use TWRA access points.
The bill's provisions state:
- (1) The commission (TFWC) is authorized to establish rules, permits, and procedures regulating commercial operations that: (A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and (B) Utilize vessel launches or ramps, or other property, owned or managed by the agency.
- The bill also explicitly exempts operations with commercial use authorizations issued by the Tennessee Department of Environment and Conservation.
- For outfitters required to submit use data reports, the bill limits that reporting to one report on October 31st plus a supplement after that for any use occurring before January 1st.
- Use data in the reports for outfitters required to submit them are confidential and only subject to public release in the aggregate, which is the total use for each body of water.
- The bill takes effect immediately.
Rule-making for outfitters using TWRA access points will follow. Ironically, TWRA supported this bill after they realized the quagmire of conflicting authorities at the federal, state and local level that outfitters were operating under. This bill establishes clear authorities for use of their property. Kudos to the TWRA leadership for their understanding.
TPA's Executive Director David Brown has over 30 years of experience in permitting issues, which helped in fashioning a credible bill that cleared up these conflicting authorities. The bill passed the Senate and House with unanimous votes in each chamber because it was sensible and because the legislature respected the outfitters who were supporting it.
Special thanks to Courtney Atnip and Nick Crawford at Capitol and 5th Public Strategies for getting this bill through the legislature. And extra special thanks to members of TPA and those outfitters who made significant financial contributions to enable this campaign. Their foresight, intelligence and financial commitments are the foundation for this victory. Without it, this effort would never have gotten to first base.
TPA's mission in support of the industry continues. Please JOIN if you are not a member.
Originally posted in 2022
State Parks Issues CUA Applications for Outfitters
Tennessee State Parks recently issued an online application for a commercial use authorization (CUA) to enable outfitters to provide a variety of recreation services in State Parks to include guided hikes, paddlecraft rentals and other services. The application fee is $300. State Parks requires general liability insurance with limits up to $1 million and commercial auto coverage with limits of $1.5 million for 9 to 15 passenger vans. To view a list of the various services allowed by Park unit and other requirements for the CUA, go to
TDEC Vendor Opportunities - Website contains all relevant info and attachments related to CUAs.
CUA Permit Application - Direct link to the application.
JOIN TN PADDLESPORTS ASSOCIATION
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TACIR Hearing December 2nd
TPA's Executive Director will be among the panelist at a hearing conducted by the TN Advisory Committee on Intergovernmental Relations on paddlecraft uses in the state on December 2nd. TACIR is studying the challenges with providing river and lake access Join us.
Among the topics TACIR is considering are
1. the procedural and financial measures necessary to accommodate the increased demand for non-fish-and-game recreational activities and the resources required to manage such activities by TDEC and TWRA;
2. how TWRA-managed resources are being utilized by non-motorized vessels for non-fish-and-game recreational activities, such as paddle boarding, canoeing, tubing, and kayaking;
3. the accessibility to and funding for all non-fish-and-game recreational activities;
4. the annual fees and taxes charged to paddle craft and commercial outfitters in the previous four fiscal years;
5. any duplicative fees charged by TDEC and TWRA, and what action may be taken to eliminate such duplicity in fee structures and their regulatory authority generally;
6. the extent to which customers of non-motorized vessels contribute to revenue derived from the purchase of fishing licenses and registration of watercraft;
7. the amount of funding needed to manage, sustain, and improve access to and the management of non-motor vehicle activities in this state and what fundraising options are available to support non-fish-and-game and other similar activities;
8. what fee structure is most appropriate for recreational users generally, given that the benefits of non-fish-and-game programs are broader than just outfitters, who are already paying sales tax;
9. the feasibility of outfitters who pay additional fees to TDEC and TWRA receiving a credit on the sales tax paid on such fees and whether the local option sales tax should be included in the credit; and
10. what measures TDEC and TWRA can implement to improve their strategic plans, their organizational structures, and the oversight and sustainability of non-fish-and-game-related recreational activities.
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Originally posted in 2020
Legislation Authorizes Review of Funding Resources and Strategies to Improve Non-Fish and Game Recreation
Senator Kerry Roberts introduced SB 1080 to amend the Tennessee Code Annotated, Title 4; Title 69 and Title 70, relative to recreational activities including the regulation of commercial paddlecraft rental businesses.
The proposed legislation authorizes the Department of Economic and Community Development to review possible funding resources and develop strategies for improvements for non-fish and game recreational activities, in conjunction with the Tennessee Wildlife Resources Agency and the Department of Environment and Conservation, and report its findings to the governor and the general assembly by January 1, 2022.
The bill amends TCA Title 4; Title 69 and Title 70. Title § 69-9-227 deals with the law authorizing regulation of commercial operations that lease or rent nonmotorized vessels. Title 70 covers the authorities and funding sources of the Tennessee Fish and Wildlife Commission and the Tennessee Wildlife Resources Agency. Title 4 also covers broad state agency authorities.
The Tennessee Wildlife Resource Agency (TWRA) has been developing regulations and permits for paddlesports outfitters since August 2018. These potential permits are one of the biggest challenges facing paddlesports outfitters in 2019. Here is a timeline of issues surrounding these regulations: April 19, 2018TN General Assembly passed SB1335/HB0785Amendment #2 of this bill stated the following: "This amendment authorizes the fish and wildlife commission to establish rules, regulations, permits, and procedures regulating all aspects of commercial operations that lease or rent non-motorized vessels for non-commercial use by the public on the waters of Tennessee. The amendment specifies that this authority does not extend to commercial outfitters 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." Here is the history of this bill and how it formed: | Current Articles
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August 23, 2018On August 23, 2018 the TN Fish and Wildlife Commission (TFWC) met to discuss formulation of new permits for Paddlesports Outfitters. At the meeting, TWRA recommended the following:
| Video of TWRA Meeting on Aug 23, 2018 |
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August 30, 2018On August 30, 2018 the Tennessee Paddlesports Access Coaltion was formed to help fight the regulatory overreach of the TWRA Proposals by the Tennessee Fish and Wildlife Commission of TWRA to regulate the human-powered, paddlesports industry in the state threaten paddlesports opportunities and the businesses that provide services to the general public by imposing unreasonable regulations and fees. | What the Tennessee Paddlesports Access Coalition supports:
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August 30 to November 21, 2018From August 30 to November 21, 2018 the Tennessee Paddlesports Access Coalition (TPAC) participated in several formal and informal discussions with TWRA in order to provide input on the proposed rules and permits. TWRA formed a paddlesports advisory group which met twice. This group consisted of several TPAC members, fisherman, land owners and other stakeholders. During those meetings, TPAC clearly articulated how a one year permit could have a negative impact on business owners. TPAC asked that the process be slowed down so the issues could be studied and better solutions could be developed by the group. During these meetings, TPAC members strongly opposed the per boat launch fees suggested by TWRA and discussed the negative impact that these regulations could have on local tourism. |
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November 21, 2018On November 21, 2018 the TWRA officially filed the proposed rules for paddlesports outfitters. Download Proposed Rules from November 21, 2018 These proposed rules included the following fees:
The proposed rules included a annual permit requiring the following information be provided:
Any violation of the proposed rules could result in the business owner receiving a Class C misdemeanor. |
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January 18, 2019On January 18, 2019 the TFWC met to vote on the proposed rules regulation paddlesport outfitters. TWRA recommended substantial changes to the rules posted on the Secretary of State website. They dropped all fees and made several other changes outlined in the video. At this meeting there was vigorous discussion by committee members who were very displeased that the fees had been dropped. On several occasions committee members threaten to close TWRA boat ramps to all paddlers, they threatened to conduct undercover operations, video activities at the boat ramps, and clearly stated that this was not the end of regulations but instead just the beginning. The Tennessee Paddlesports Association anticipates that if these rules pass the TN General Assembly there will be more rules, river specific restrictions, and more fees in the future for outfitters and private boat owners. | TWRA Meeting to Vote on RulesJan 18, 2019 |
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January 31, 2019TWRA has published the final rules approved by the Tennessee Fish and Wildlife Commission, which the TWRA will now send to the Tennessee General Assembly for approval. The notable revisions include:
Operating requirements include recording keeping information that must be available for inspection by the TWRA. Permit renewal is also contingent on keeping these records. Those records are listed as
Permit applications must be submitted between October 1 and December 15. The permit will not be required for the 2019 season since the permit requirement is not effective until October 1, 2019. Each application shall include, among other information, (it is not clear what they mean by "other information") the following information for each applicant:
It should be noted that the application information and any other information submitted to the TWRA will become public record unless otherwise protected by state law as proprietary. TWRA also lists vessel and safety requirements, which include logo and names on vessels and requirements for the information to be included in the safety briefing with the methods for providing that information to customers subject to TWRA approval. Vehicles must comply with all Department of Safety rules and park only in areas designated by the TWRA when using their access areas. Parking restrictions could reduce outfitters' access to waterways. Non-renewal of the permit is subject to 1660-04-01-.08 NONRENEWAL OF PERMIT states:
While these rules still have issues and TWRA's legislative authority still authorizes the agency to regulate "all aspects" of paddle craft rental operations, these rules are much better than originally proposed thanks to the efforts of TPA members who participated in the process. However, there are still significant problems. |
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Feb 6, 2019Legislation to Revise TWRA’s Regulatory Authority over Paddlesports Businesses Introduced in General AssemblySB 665 and HB 1328 to eliminate TWRA's broad regulatory authority over paddlesports businesses have been filed for introduction in the State General Assembly. These bills are caption bills, which will be amended with specific language. Another bill to revise TWRA's authority to regulate non-motorized paddlesports outfitters has also been introduced. The goal of these bills is to revise TWRA's authority to regulate all aspects of your business, which currently includes regulating outfitters not operating from TWRA ramps. For outfitters using their ramps, HB 1328 and SB 665 would authorize outfitters access to TWRA access points with a parking fee for commercial vehicles. TWRA rules currently propose to restrict paddlesports outfitters' to designated parking, which could limit access especially given the hostility toward paddlesports from the backers of TWRA's proposed regulations. Here is a link to the legislative website with the text: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0665 We are grateful to the sponsors of the proposed bills. |