Tenn. Comp. R. & Regs. 1660-01-18-.05 - SPECIAL PROVISIONS

(1) All Nature Centers, Rehabilitation Centers, Educational Exhibits, and Zoos meeting provisions which exempt them from the fees for necessary permits must complete an application and provide requested information. No Class III Wildlife may be possessed by a Nature Center, Rehabilitation Center or Educational Exhibit, nor may these permittees hold any other Captive Wildlife Permits issued by the Tennessee Wildlife Resources Agency, unless authorized by the Executive Director of the Tennessee Wildlife Resources Agency. This prohibition does not apply to facilities deemed as a zoo.

(2) A zoo shall be defined as a facility where any class of wildlife is exhibited to the public while meeting provisions set forth in T.C.A. §§ 70-4-401 et seq.

(a) Zoos must be accredited by the American Association of Zoological Parks and Aquariums (AAZPA) and/or be designated as the official zoo of a political subdivision of the state.

(b) Zoos provided for in this provision must maintain an annual visitation rate of one hundred thousand (100,000) visitors annually.

(c) Animals may not be sold or transferred to the general public in Tennessee.

(3) A nature center shall be defined as a facility which operates in order to educate the general public about natural ecosystem interrelationships, in which man's actions are an integral part, and which has as its chief goal the protection and enhancement of all populations of Tennessee animal life.

(a) Class II wildlife may be utilized at these facilities for educational purposes. Authorization must be obtained annually from the Executive Director of the TWRA if animals are maintained.

(b) Any program using wildlife originating from the wild in Tennessee must be done at no charge, which would include an exchange for goods or services.

(4) Rehabilitation centers are defined as those facilities which house and treat injured, diseased and displaced Class II and Class IV wildlife (except wild turkeys) which are temporarily incapable of surviving in the wild. The objective of the centers will be to return such wildlife to their natural habitat.

(a) A permit or letter of authorization from the TWRA is required for rehabilitation centers.

(b) The applicant shall provide the TWRA with information about the proposed rehabilitation of Class II and Class IV wildlife (except wild turkey), including:

1. Categories (e.g. raptors) of wildlife proposed for rehabilitation.

2. Documentation showing one of the following qualifications has been met in order to be eligible for a Rehabilitation and/or Education Exhibit permit:

(i) Two hundred hours (200) of experience in rehabilitation or handling of the species in which the person wishes to be permitted; or

(ii) One year of full-time employment as a Veterinary Technician; or

(iii) Be licensed to practice veterinary medicine in the State of Tennessee: or

(iv) Possess a valid permit for Wildlife Rehabilitation or Education from another state for the species in which the person wishes to be permitted.

3. At least one reference from a person knowledgeable in wildlife husbandry regarding qualifications of the applicant.

4. Description of the physical facilities to be used.

5. Availability of veterinary care for use as needed.

6. Whether the facility is to be used as a nonprofit operation and whether it is certified as nonprofit by the U. S. Internal Revenue Code [26 U.S.C. § 501(c)] .

7. The extent to which wildlife can be accepted for rehabilitation.

(c) Prior to issuance of a permit or letter of authorization to wildlife rehabilitators not charging for their services, their facilities must be certified as nonprofit on application forms provided by the TWRA.

(d) Cages and facilities must be provided of such quality material, and of such strength as appropriate for the animals involved. Minimum facility guidelines of the National Wildlife Rehabilitators Association (see "Wildlife Rehabilitation Minimum Standards and Accreditation Program") are acceptable, except as may be specified by the TWRA.

(e) Temperature shall be regulated by heating or cooling as may be needed, to protect the animal from extremes and to provide for its health and comfort.

(f) If the facilities are outdoors, the cages should be constructed in a manner to protect the animals from excessive sunlight and from inclement weather.

(g) Cages and/or enclosures shall be of sufficient size to give the confined animal(s) ample space for exercise and to avoid overcrowding.

(h) Nails or other sharp protrusions, which might injure or impair the animal, shall not be allowed within the cage. Bird cages shall be of a design (e.g. vertical bars or netting) to minimize fraying of feathers.

(i) Adequate perches shall be provided for any raptors or other perching birds.

(j) Provisions shall be made for prompt removal and disposal of animal and food wastes.

(k) A suitable method shall be provided to rapidly eliminate excess water from housing facilities.

(l) Food and water receptacles shall be of sufficient number and size as appropriate for the animals being served. Such receptacles shall be kept clean and sanitary at all times. If self-feeders are used adequate measures should be taken to prevent the contamination or deterioration of food.

(m) A safe and effective program for the control of insects, ectoparasites, and other pests shall be established and maintained.

(n) Rehabilitation techniques shall be in accordance with standards generally accepted by veterinarians, the TWRA, and/or other persons recognized as having expertise with care of the affected species.

(o) Minimum human contact shall be provided with releasable wildlife in order to avoid imprinting on humans.

(p) After a ninety (90) day rehabilitation period, all Class II wildlife must be released, except:

1. Permission may be sought for extension of possession for rare species listed as Endangered, Threatened, or "In Need of Management", for wildlife indicating likelihood of recovery and release with the foreseeable future, or for use for educational purposes.

2. Animals authorized by the Executive Director of the Tennessee Wildlife Resources Agency for use under the authority of a valid Educational Exhibit Permit issued by the Tennessee Wildlife Resources Agency.

(q) Permits are effective from July 1 through June 30 of each year.

(r) By January 31 of each year, the permittee shall submit an annual report of the prior calendar year's activities concerning the number and status of all Class II wildlife.

Records of wildlife rehabilitated must be maintained reflecting source of animals, date obtained, and date and method of disposition.

(s) White-tailed deer and black bears may be rehabilitated under the following special provisions in addition to the above requirements:

1. Prior to receiving a permit, the applicant must submit a plan for care and rehabilitation which precludes or minimizes human contact and provides for conditioning and habitat acclimation prior to release. Final approval of a permit to rehabilitate white-tailed deer and/or black bears shall be at the discretion of the Executive Director of the Tennessee Wildlife Resources Agency.

2. Each animal accepted for rehabilitation shall be marked with an indelible mark so that future identification may be possible.

3. Deer and/or bears housed in rehabilitation facilities shall not be exhibited or come into public contact under any circumstances.

4. The regional lieutenant shall be notified within forty-eight (48) hours of the receipt of each white-tailed deer accepted for rehabilitation.

5. Rehabilitated white-tailed deer shall be released only at an approved site(s) as determined by the TWRA.

6. A TWRA officer or wildlife biologist shall determine if a black bear is eligible for rehabilitation and release.

7. Transportation of any black bear must be performed in accordance with the mobile facility requirements in T.C.A. § 70-4-405.

8. Injured white-tailed deer and/or black bears determined to be non-releasable shall be immediately euthanized.

9. Rehabilitators are not employees or agents of the State of Tennessee for any purpose, including a determination of liability. Therefore, rehabilitators assume all liability for personal injury and/or property damage caused by white-tailed deer and/or black bears under the rehabilitator's care and control.

10. Rehabilitators of white-tailed deer and/or black bears must legally possess a firearm capable of instantly destroying a deer and/or bear.

11. All white-tailed deer must be released within a one hundred twenty (120) day rehabilitation period.

12. Releases of rehabilitated black bears shall be determined on a case-by-case basis under the direction of the TWRA, but black bears shall not be held for rehabilitation for longer than one (1) year.

(t) All wildlife held under the authority of a Rehabilitation Permit cannot be exhibited or brought in contact with the public unless authorized by the Executive Director of the Tennessee Wildlife Resources Agency.

(u) Failure to abide by these Rules and any other state and/or federal wildlife regulations may result in lack of approval, non-renewal, or cancellation of TWRA authorization, at the discretion of the Executive Director of the TWRA.

(v) An educational center shall be defined as a professionally operated facility, with a full time staff, whose major responsibility is to conduct approved research or to educate and/or train its clientele in bona fide conservation principles, which include the protection and enhancement of animal populations through professionally accepted wildlife management techniques and principles.

1. Class II and other authorized Classes of wildlife may be utilized at these facilities for educational purposes. Authorization must be obtained annually from the Executive Director of the TWRA if animals are maintained.

2. All regulations of paragraph (4) concerning permit, facility, and care at Rehabilitation Centers apply also for Educational Centers, as applicable. The TWRA shall provide permit applications indicating such pertinent information required.

3. Any program using live wildlife originating from the wild in Tennessee must be done at no charge, which would include an exchange for goods or services.

Notes

Tenn. Comp. R. & Regs. 1660-01-18-.05

Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed April 20, 1992; effective June 4, 1992. Amendment filed February 10, 1994; effective April 26, 1994. Amendment filed July 27, 2006; effective October 10, 2006. Amendments filed November 1, 2021; effective 1/30/2022.

Authority: T.C.A. §§ 70-1-206, 70-4-401, 70-4-404, and 70-4-405.