Section 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); and4. 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.Tenn. Comp. R. & Regs. 1660-01-11-.02
Original rule certified May 8, 1974. Amendment filed July 18, 1974; effective August 18, 1974. Amendment filed November 20, 1975. Amendment filed July 14, 1980; effective August 28, 1980. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed December 14, 1992; effective January 29, 1993. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed May 28, 1997; effective August 11, 1997. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed July 25, 2003; effective October 8, 2003. Amendment filed July 13, 2006; effective September 26, 2006. Amendment filed May 29, 2009; effective August 12, 2009. Amendments filed August 13, 2019; effective 11/11/2019.Authority: T.C.A. §§ 70-1-206 and 70-4-413.