Tenn. Comp. R. & Regs. 1660-01-20-.01 - GENERAL PROVISIONS

(1) Purpose

The purpose of the DMAP program is to permit landowners, adjoining landowners, or persons who control hunting access on contiguous lands to achieve deer management goals on the contiguous land through management for the specific needs of deer that may at any point in time cross over the land. The Tennessee Wildlife Resources Agency (TWRA) will aid DMAP participants in achieving their management goals through utilization of the procedures set out in this rule and regulation; however, participation in the program in no way guarantees that any or all objectives will be met.

(2) Eligibility

(a) Landowners or persons who control hunting access to at least 1,000 contiguous huntable acres in the State of Tennessee.

(b) A yearly deer management assistance permit fee of $1,000 will be required to participate in the DMAP program. A reduced fee of $350 will be assessed if the DMAP participant contracts the development of a management plan with a wildlife biologist not employed with the Tennessee Wildlife Resources Agency (TWRA).

(c) Private wildlife biologists must possess a Bachelor's degree in wildlife management or a closely related field and experience equivalent to at least three years of professional wildlife work, or a Master's degree in wildlife management or a closely related field and experience equivalent to at least one year of professional wildlife work.

(3) DMAP Application

(a) Those wishing to participate in DMAP must submit a completed DMAP permit application form to the TWRA by a date as determined by the TWRA.

(b) The DMAP permit application form will be provided by TWRA, and must include a complete listing of the names and addresses of landowners who own lands within the boundaries of the proposed DMAP area, as well as the map and parcel numbers for all tracts included in the DMAP area. The application must also specify a Group Leader, who will be responsible for all agreement negotiations with TWRA. A statement of the applicant's deer management goals must also be included on the application. A topographic or aerial map of the property with boundaries marked on the map must accompany the application along with a description of the property location. The applicant must also submit a statement signed by the landowners that the DMAP applicant has hunting rights on the proposed DMAP property. The application must be signed by the Group Leader and include the leader's address and telephone number. The DMAP permit fee must also accompany the application. If the applicant chooses to contract with a private wildlife biologist, the name of the biologist and his/her company must be included on the application. Other information may be required on the DMAP permit application as needed.

(4) Agreement

(a) A TWRA biologist will contact and schedule a meeting with the DMAP Group Leader prior to July 1, or, if circumstances dictate, this date may be extended as determined by TWRA. At this meeting the Group Leader will discuss his/her deer management goals with the biologist. The biologist will discuss appropriate habitat and population management strategies to achieve the desired goals. If the participant agrees with these strategies, the Group Leader will sign an agreement with TWRA stating that the DMAP participant will abide by the terms and conditions of both the agreement and the management plan developed by the biologist. After the agreement is signed by the Group Leader, the DMAP permit fee is non-refundable. If the DMAP participant chooses to contract with a private wildlife biologist, the deer management plan developed by the private biologist must be submitted to TWRA for approval or be postmarked by July 1.

(b) Management plans developed by private wildlife biologists must be approved by TWRA before an agreement may be signed. If the plan developed by the private wildlife biologist is determined to be unacceptable by TWRA, and mutual revision of the plan cannot be agreed upon, the participant is denied entry into the DMAP.

(5) Permit Issuance

(a) A population management plan with harvest recommendations may be completed by the Agency biologist as soon as the biologist obtains appropriate information, specifically deer harvest and observational data, which will be used to formulate recommendations. Harvest recommendations concerning the antlerless segment of the deer herd cannot be established until analysis of the appropriate data. DMAP Antlerless Quota Hunt Permits cannot be issued to the DMAP hunters until the appropriate data is collected for at least one year. If the DMAP permittee has accurate data, including the harvest for the previous deer hunting season, the biologist may make specific antlerless harvest recommendations during the first year of the program.

(b) TWRA will establish an antlerless harvest quota for the property. All antlerless deer harvested on the property by DMAP hunt participants and other hunters during the muzzleloader and gun seasons will count toward the quota.

(c) Each DMAP hunter must purchase in his or her name, and possess while hunting, a DMAP Antlerless Quota Hunt Permit. The Group Leader must submit the names, addresses, and TWRA license identification numbers and all other requested information of all DMAP hunters, along with payments for each DMAP hunter's DMAP Antlerless Quota Hunt Permit to the TWRA Quota Hunts Section by October 1 or if mailed, postmarked by October 1. Payments will not be required for those hunters possessing a valid Annual or Lifetime Sportsmen's License or an Annual Senior Citizen Permit. Permits will be valid for hunting antlerless deer anytime during the deer muzzleloader and gun seasons. Individual permits will be valid for any number of antlerless deer not to exceed the number of remaining antlerless deer needed to reach the DMAP participant quota. When the quota for a DMAP property is reached, all DMAP Antlerless Quota Hunt Permits shall be considered null and void.

(d) The Group Leader must report to each hunter the antlerless harvest quota status immediately before start of the muzzleloader and gun seasons. Additionally, the Group Leader must inform TWRA and the hunters immediately when the antlerless harvest quota has been reached. Each DMAP Group Leader will be issued an allotment of deer kill tags to facilitate record keeping and account for each deer harvested on the property. All kill tags (blank and completed) must be kept in a central location that may be accessed at anytime by TWRA officials. The Group Leader will be responsible for all kill tags issued and must return all tags to TWRA within 5 days of the close of deer gun season.

(6) DMAP Participant Requirements

(a) The participant must collect harvest and observational data as specified by the biologist and the management plan.

(b) The participant must make a good faith effort, as determined by TWRA, to complete all jobs and duties specified in the management plan.

(c) Property and hunting records of the participants in the DMAP will be open to inspection by any TWRA official with no advance notice.

(7) Other Requirements or Conditions

(a) The provisions contained within this rule are intended to be general guidelines for implementation of the deer management assistance program and are not intended to include all requirements or conditions that may be imposed upon participants. Other requirements or conditions are permitted as needed and as determined by TWRA in order to insure the statutory purposes for deer management assistance agreements are carried out.

(8) Actions affecting the DMAP permit

(a) The DMAP permit is subject to suspension, revocation or other action for a violation of the terms of the permit or the agreement. Further, the DMAP permit is subject to suspension, revocation or other action if any hunt participant is convicted of a violation of a hunting violation in connection with the DMAP program.

(b) The agency may institute proper administrative actions to affect a DMAP permit. Utilizing these proceedings, written notice containing the violations will be provided to the DMAP Group Leader as representative of the DMAP permittee. Notice to the DMAP Group Leader shall serve as notice to all hunt participants. The notice may be provided either in person or through the United States mail, return receipt requested. Any administrative action shall be instituted pursuant to the Uniform Administrative Procedures Act, T.C.A. Section 4-5-101 et seq.

Notes

Tenn. Comp. R. & Regs. 1660-01-20-.01

Original rule filed June 16, 2003; effective October 28, 2003.

Authority: T.C.A. §§ 70-1-206 and 70-1-302.