Tennessee Captive Hunting Statutes and Regulations |
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No Ban: Mammals permitted.
Statute
Tennessee statutes specify that "it is unlawful for any person to operate a private wildlife preserve for the purpose of propagating and/or hunting any class of wildlife reared in captivity unless that person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules and regulations promulgated by the commission." T.C.A. §70-4-413(a).
The only species that can be hunted on wildlife preserves are pen-reared and farm-reared animals. Id. at §70-4-413(b). Additional restrictions pertaining to exotic wildlife are contained in Tennessee's captive wildlife regulations. See Id. at §70-4-401 et seq.
Regulation
Rules of Tennessee Wildlife Resources Agency
1660-01-11-.01 Commercial Controlled Shooting Grounds, Dyer 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 TCA 70-4-403 as Class II or Class III Wildlife.
(2) Permits.
(a) Any person desiring to operate a Private Wildlife Preserve as herein defined shall make application to the Wildlife Resources Agency for a permit to do so. The Wildlife Resources Agency 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 Wildlife Resources Agency. All Class III 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 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, that 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 gun, archery equipment or trap. Non-indigenous mammals released on the wildlife preserve and which escape from the wildlife preserve 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 of the Tennessee Wildlife Resources Agency; however, the recapture of escaped indigenous wildlife 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 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)
4. Other Class III wildlife species shown to be susceptible to CWD Wildlife preserves may also hold and harvest the above mentioned species if these animals are obtained within the state of Tennessee from a herd in a CWD surveillance program continuously for the past 5 years or prior to July 1, 2006, whichever time period is shorter, as recognized by Tennessee Department of Agriculture. Animals so obtained shall not have been exposed to nonsurveillance animals during the surveillance period. Also, these animals must retain the identification marker(s) placed on the animals while in the surveillance programs.
The Tennessee Department of Agriculture, USDA or TWRA must be notified within 24 hours of the harvest or death of the above mentioned Cervidae. The head and neck of these animals must be retained and refrigerated by the preserve operator for at least 72 hours in order to allow for any necessary testing by the above agencies.
(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 half (12.5) gauge wire and such fence shall be a minimum of eight (8) feet in height. 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 half (12.5) gauge wire, and such fence shall be a minimum of four (4) feet 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 eight (8) foot 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 eight (8) foot 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 8-1/2 inches by 11 inches and have the words "Wildlife Preserve" printed on the sign in letters not less than 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 Tennessee Wildlife Resources agency 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 TWRA or the Department of Agriculture upon request.
(6) Seasons.
(a) Private wildlife preserve seasons open and close as promulgated by the Tennessee Wildlife Resources Commission.
Authority: T.C.A. §§70-1-206 and 70-4-413. Administrative History: 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.
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