No person shall
operate any vessel in or upon the waters of Tennessee in such a manner so that
the total noise produced by the watercraft exceeds 86 dBA at a distance of 50
feet or more, whether or not said vessel is in motion.
(a) Measurements shall be made with a Type I
or Type II sound level meter which meets the requirements of the American
National Standards Institute SI.4-1971.
(b) Measurements shall be taken at a minimum
distance of 50 feet, and in so far as practical, be taken at an angle
approximately perpendicular to the vessel in question.
(c) A test course, if used in testing, shall
consist of an approximately straight course 50 yards in length through which
the vessel in question shall operate at full throttle; measurements shall be
made at a minimum distance of 50 feet and at an angle approximately
perpendicular to the vessel near the center of the course.
(d) Any duly commissioned officer of the
Wildlife Resources Agency with a reason to suspect that a vessel is exceeding
the noise limitation may require the vessel operator to transverse a noise
emission test course as set forth herein.
(e) Any person who fails to comply with the
directive to transverse the test course shall be subject to prosecution under
69-9-301 et seq. and/or at the
discretion of the officer, the vessel shall be ordered to immediately return to
its mooring and cease operations.
Tenn. Comp. R. &
rule filed June 11, 1981; effective July 27, 1981. Amendment filed January 13,
2017; effective 4/13/2017.
Authority: T.C.A. §§