Tenn. Comp. R. & Regs. 1660-01-11-.02 - OPERATION OF PRIVATE WILDLIFE PRESERVE
(1)
Definitions.
(a) "Private Wildlife Preserve"
means a privately owned or lease controlled tract of land on which a person may
hunt captive wildlife originating from a legal source.
(b) "Wildlife" means all warm-blooded animals
classified under Tenn. Code Ann. §
70-4-403
as Class II or Class Ill Wildlife.
(2) Permits.
(a) Any person desiring to operate a Private
Wildlife Preserve as herein defined shall make application to the Tennessee
Wildlife Resources Agency (TWRA) for a permit to do so. The TWRA will cause an
inspection to be made of the wildlife preserve and if same shall be found to be
meeting the qualifications of these rules and regulations, a permit will be
issued. The permit will grant the privilege to the owner or operator of said
Private Wildlife Preserve to release captive wildlife approved by the TWRA. All
Class Ill species and fowl authorized under this permit must come from sources
approved by the Tennessee Department of Agriculture. The species to be released
will be indicated on the permit.
(b) As of July 1, 2009, no new facilities
will be issued a permit for the purpose of possessing and/or harvesting big
game species under the authority of a Private Wildlife Preserve
Permit.
(3) Animal
Possession and Release.
(a) Wildlife
indigenous to the State of Tennessee may not be held, released, or hunted on a
wildlife preserve unless specifically authorized by the wildlife preserve
permit. All Class I Wildlife species, white-tailed deer (Odocoileus
virginianus), wild turkey (Meleagris gallipavos), and black bear (Ursus
americanus) are specifically prohibited from being held, released, and hunted
under the authority of a wildlife preserve permit. Any wildlife on the
Endangered or Threatened Species list(s) published by the State of Tennessee or
the United States federal government are also prohibited from being held,
released, or hunted on a wildlife preserve. Game species, excluding black bear,
which are naturally occurring within the boundaries of a wildlife preserve may
be hunted in accordance with statewide regulations, license, and permit
requirements.
(b) Any wildlife
authorized for release on the wildlife preserve may be taken with a gun,
archery equipment, or a trap. Non-indigenous mammals, and elk, as defined in
Tenn. Code Ann. §
70-4-403(3)(P),
released on the wildlife preserve and which escape from the wildlife preserve,
must be reported to the Tennessee Department of Agriculture within 24 hours of
such escape, and may be recaptured by the owner, operator, or regular employees
of the preserve by means of tranquilizer gun, trap, or with the aid of dogs.
The recapture of escaped animals is permitted only with prior approval from the
TWRA; however, the recapture of escaped indigenous wildlife, except elk, as
defined in Tenn. Code Ann. § 70-4- 403(3)(P), is not permitted.
(c) The following species of Cervidae may
only be held or harvested by wildlife preserves if such animals are obtained
from a herd outside of the state that has been certified as Chronic Wasting
Disease free for the past five (5) years, and are authorized for import by the
Tennessee Department of Agriculture:
1.
Elk/red deer (Cervus elaphus);
2.
Black-tailed deer/mule deer (Odocoileus hemionus);
3. Moose (Alces alces); and
4. Other class Ill wildlife species shown to
be susceptible to CWD.
(d) Wildlife preserves may also hold and
harvest the species listed in subparagraph (c) if these animals are obtained
within the State of Tennessee from a herd in a CWD surveillance program, as
recognized by the Tennessee Department of Agriculture. Animals so obtained
shall not have been exposed to non-surveillance animals during the surveillance
period. Also, these animals must retain the identification marker(s) placed on
the animals while in the surveillance programs. Animals so obtained must be
harvested and tested for CWD within twelve (12) months of acquisition. Also,
animals so obtained cannot be transferred to any other facility for any
reason.
(e) The Tennessee
Department of Agriculture or their designee, must be notified within
twenty-four (24) hours of the harvest or death of the species of Cervidae
listed in subparagraph (c). The head and neck of these animals must be retained
and refrigerated by the preserve operator for at least seventy-two (72) hours
in order to allow for any necessary testing by the above agency.
(4) Facilities
(a) The land area for which a permit will be
issued must contain a minimum of twenty (20) acres and this land must be in one
continuous tract. No artificial structures or devices can be used to create a
hunting or training area less than twenty (20) acres. On wildlife preserves
that require fencing, the fencing must be done in a continuous manner along the
boundaries in such a fashion to prevent the escape of animals being held by the
preserve. On wildlife preserves where big game species are hunted, the
boundaries must be fenced with woven wire fence of a minimum twelve and one
half (12.5) gauge wire and such fence shall be a minimum of ninety- six (96)
inches. On wildlife preserves where only swine, goats or sheep are hunted, the
boundaries must be fenced with woven wire fence of a minimum twelve and one
half (12.5) gauge wire, and such fence shall be a minimum of forty eight (48)
inches in height. On wildlife preserves where foxes and raccoons are hunted,
the boundaries must be fenced with woven wire fence of a minimum twelve and
half (12.5) gauge wire with a maximum of four (4) inch spacing, anchored at the
base and such fence shall be a minimum of seventy-two (72) inches in height. On
wildlife preserves where rabbits are hunted, the boundaries must be fenced with
wire fence with a maximum of two (2) inch spacing anchored at the base and such
fence shall be a minimum of thirty-six (36) inches in height. Wildlife preserve
boundaries which are fenced with a minimum of ninety-six (96) inch fencing,
must have any entrance to such preserve posted with signs identifying it as a
wildlife preserve. Wildlife preserve boundaries that are fenced with less than
ninety - six (96) inch fencing or no fencing at all, must have its boundaries
posted every fifty (50) yards with signs identifying it as a wildlife preserve.
All signs used to identify a wildlife preserve must be at least eight and one
half (8.5) inches by eleven (11) inches and have the words "Wildlife Preserve"
printed on the sign in letters not less than one (1) inch in height on
contrasting background.
(5) Records.
(a) Permittees will maintain records on forms
provided by TWRA showing the number and species of wildlife purchased, the name
and address of the source of supply, number and species propagated, the number
and species released, and the number and species taken. Also, permittees will
maintain records on forms provided by TWRA listing the name and address of each
hunt participant, the date of the hunt, and their hunt record. These records
are to be kept for a minimum of three (3) years and be available for inspection
at the address listed on the permit for the Wildlife Preserve by agents of the
TWRA upon request.
(b) Operator
and/or owners of a Wildlife Preserve must have at the address indicated on
their preserve permit receipts for all animals held, released, hunted, and/or
harvested on such preserve. These receipts must have the name and address of
the supplier and be signed by such supplier. The receipts are to list species,
numbers, sex, and all identifiers for animal(s) listed on such receipt. These
receipts are to be provided to agents of the TWRA or the Tennessee Department
of Agriculture upon request.
(6) Seasons.
(a) Private wildlife preserve seasons open
and close as promulgated by the Tennessee Wildlife Resources
Commission.
Notes
Authority: T.C.A. §§ 70-1-206 and 70-4-413.
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