Tenn. Comp. R. & Regs. 1660 — Tennessee Wildlife Resource Agency

Chapter 1660-01-01 Rules and Regulations for Tennessee Wildlife Resources Agency Managed Access Areas

Tenn. Comp. R. & Regs. 1660-01-01-.01 PUBLIC USAGE

(1) All access areas are open to the general public, free of charge for temporary use subject to the following rules:

(a) Picnicking is permitted.

(b) Camping is prohibited except when authorized in writing by the Executive Director.

(c) Parking:

1. Vehicles used in conjunction with the intended purpose of the area shall not be left in such a manner as to deprive or interfere with other persons’ access to boat ramps, parking areas, and shoreline.

2. The parking of vehicles or vessels not associated with the intended use of the area is prohibited.

3. At the discretion of the enforcement officer, vehicles or vessels in violation may be removed at the owner’s expense and/or the operator / owner issued a citation.

4. No houseboats, duck blinds, commercial fishing boats or structures shall be left, built, or assembled within the access areas’ boundaries.

5. Handicapped parking zones, as posted, are reserved exclusively for handicapped users.

(d) No person, or persons, shall deface or remove trees or other plants, dirt, gravel, sod or any structure placed on the area by the Tennessee Wildlife Resources Agency without the approval of the Tennessee Wildlife Resources Agency.

(e) No garbage, rubbish, litter or any refuse, sewage or other material which would pollute said areas or waters, or render them unsatisfactory or unsanitary shall be left on the area.

(f) Commercial: Use:

1. Use of access areas, including cleaning of fish and mussel shell processing is prohibited.

2. Commercial fisherman may launch or retrieve their boats in said areas.

3. Any activity that would inhibit the use of the access area, or launching area, for a period of time beyond that associated with the customary launching and retrieval of recreational boats is prohibited.

4. Boat dealer or manufacturer shows must be authorized in advance through a TWRA Marine Event Permit.

(g) Firearms:

1. The use of firearms is prohibited except for hunting during the regular state-wide open season, and then is limited to shotguns only.

2. Target shooting prohibited at all times.

(h) Disorderly conduct and/or use of intoxicants and/or other behavior modifying substances are prohibited.

(i) Swimming or fishing from or on ramps is prohibited.

(j) Docks:

1. Docks, associated with launching ramps, are to be used exclusively for temporary mooring of boats while loading or unloading passengers or gear associated with launch or retrieval of vessels.

2. Swimming or fishing, and other activities, that would interfere with the intended use of the dock is prohibited.

3. Facilities intended for transient, or temporary mooring of, vessels must be used in conjunction with posted or published guidelines.

(k) Agricultural use and grazing within access area boundaries is prohibited.

(l) The use of fireworks is prohibited on Areas where posted.

History

• Authority: T.C.A. §§70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 11, 1981; effective July 27, 1981. Amendment filed February 10, 1983; effective March 14, 1983. Amendment filed October 26, 1988; effective December 10, 1988. Amendment filed May 28, 1996; effective August 8, 1996. Amendment filed May 15, 2007; effective date July 29, 2007.

Tenn. Comp. R. & Regs. 1660-01-01-.02 FACILITIES

(1) Facilities such as picnic tables, sanitary facilities and water fountains may be installed and or constructed by individuals, civic organization, counties or municipalities for public use subject to the following rules:

(a) Approval must be granted in writing by the Executive Director of the Tennessee Wildlife Resources Agency prior to the installation of such facilities.

(b) All rights and privileges to the facilities installed are relinquished to the State for the benefit of all members of the public.

(c) The individual or organization installing any facilities must maintain them. In the event the facilities are not maintained, the Tennessee Wildlife Resources Agency shall have the right to remove them.

(d) A Performance Bond in an amount to be determined by the Executive Director must be given the Agency to insure that the facilities authorized to be installed are properly maintained and removed at the expiration of the agreement.

History

• Authority: T.C.A. 70-1-206.
• Administrative History: Original Rule certified May 8, 1974. Amendment filed May 28, 1996; effective August 8, 1996.

Chapter 1660-01-02 Rules and Regulations Governing Migratory Bird Hunting

Tenn. Comp. R. & Regs. 1660-01-02-.01 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed November 6, 1991; effective December 21, 1991. Amendment filed December 14, 1992; effective January 29, 1993. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-02-.02 MIGRATORY BIRD HUNTING

(1) Unless otherwise noted, the following regulations apply to any wildlife management area (WMA) upon which waterfowl hunting is permitted.

(a) For the purpose of this rule the following definitions apply:

1. A designated waterfowl hunt location is a marked location (via physical stake or Global Positioning System [GPS] coordinates) established by the Tennessee Wildlife Resources Agency (TWRA) which is assigned by a random drawing as provided in Rule 1660-01-08-.05. Designated waterfowl hunt locations may be categorized as follows:

(i) A Tier 1 designated waterfowl hunt location (Tier 1 Location) is a marked location for a permanent blind assigned by a random drawing to a permittee for the entire regular waterfowl season;

(ii) A Tier 2 designated waterfowl hunt location (Tier 2 Location) is a marked location with a permanent blind assigned by a random drawing to a permittee for a period of time during the regular waterfowl season;

(iii) A Tier 3 designated waterfowl hunt location (Tier 3 Location or Quota Permit Areas) is a marked location or pool that does not have a permanent blind at the location assigned by a random drawing to a permittee for a period of time during the regular waterfowl season; and (iv) A Tier 4 designated waterfowl hunt location (Tier 4 Location) is a marked location that may be hunted on a first come, first serve basis.

2. A temporary blind is:

(i) A nonpermanent structure assembled or placed for a portion of the regular waterfowl season;

(ii) A boat that is used for a portion of the regular waterfowl season; or (iii) A site consisting of the use of natural vegetation or conditions for concealment for a portion of the regular waterfowl season.

3. A permanent registered blind site is a site registered to a specific individual on Reelfoot WMA or West Sandy WMA identified with geographic coordinates.

These sites may not be relocated or transferred to another individual. It is the intent that over time all permanent registered blind sites will be converted to permanent blind sites or temporary blind sites.

4. A permanent blind is a fixed (floating or post type) waterfowl hunting blind constructed at a permanent registered blind site or a designated waterfowl hunt location.

5. A subimpoundment or pool is the water managed by the TWRA or its management partner in association with waterfowl hunting and habitat management.

6. Regular waterfowl season includes those days established by proclamation in November, December, and January during which waterfowl hunting is permitted.

(b) The following regulations apply to Tier 1 Locations.

1. Tier 1 Locations shall have a permanent blind at the location built and maintained, if a permanent blind already exists at the location, by the permittee(s).

2. The maximum hunt party size for Tier 1 Locations is eight (8) adults, but there is no maximum size for youth hunters. However, youth hunters must be accompanied by an adult at least eighteen (18) years of age while hunting a Tier 1 Location.

3. All Tier 1 Location permanent blind construction and/or placement must be complete by the fourth Monday in October. To be considered complete, a permanent blind structure must be at least four (4) feet wide, four (4) feet high, and eight (8) feet long, but may not exceed thirty (30) feet in length and may not exceed three hundred (300) total square feet. The walls of the permanent blind structure must be solid material to which camouflage may be attached. A permanent blind structure at a Tier 1 Location must be in place and remain in place throughout the regular waterfowl season. All camouflage must be completed by opening day of regular waterfowl season. Any Tier 1 Location with a permanent blind structure not in compliance with the above requirements will result in the Tier 1 Location Permit being cancelled and the Tier 1 Location being designated as a Tier 4 Location for the remainder of the regular waterfowl season. Tier 1 Locations redesignated as Tier 4 Locations may be drawn as Tier 1 Locations the following year. If adverse environmental conditions prevent the construction and/or placement of a permanent blind at the site by the deadline, as determined by the TWRA, the area manager may grant an extension. The area manager must receive a written request for an extension, from a permittee, prior to the fourth Monday in October. Should these adverse environmental conditions persist and completely prevent the construction and/or placement of a blind on the site, as verified by the area manager, a permittee shall not be denied the opportunity to participate in the drawing the following year as set forth in 1660-01-02-.02(1)(o). Blinds rendered unusable or destroyed may be repaired or replaced at the discretion of the area manager.

4. Permanent blinds built on Tier 1 Locations must be within five (5) feet of designated stakes or GPS coordinates.

5. Permittee(s) must remove all associated blind materials, including all litter and trash, stakes, weights, and lines within fifteen (15) days after the last day of the regular waterfowl season or the last day of a special youth or military hunt, whichever occurs later.

6. A permittee must occupy the Tier 1 Location by the legal daily opening shooting time on days the permittee wishes to hunt, and if the Tier 1 Location is unoccupied at that time by the permittee, the first person or party occupying said Tier 1 Location shall be entitled to the privilege of its exclusive and uninterrupted use until the end of the shooting hours of that day. Exclusive and uninterrupted use entitles the person or party to the right to exclude all others from the Tier 1 Location, at the person’s or party’s option, except for law enforcement personnel engaged in the performance of their duties. The permittee has priority use (exclusive and uninterrupted use) only if the permittee is at the Tier 1 Location on or before the legal daily opening shooting time, even if the Tier 1 Location is occupied by another person or party, provided the permittee produces identification and the permit.

(c) The following regulations apply to Tier 2 Locations.

1. Tier 2 Locations shall have a permanent blind at the location built and maintained by the TWRA.

2. The maximum hunt party size for Tier 2 Locations is eight (8) adults, but there is no maximum party size for youth hunters. However, youth hunters must be accompanied by an adult at least eighteen (18) years of age while hunting a Tier 2 Location.

3. A Tier 2 Location permittee must be present any time a Tier 2 Location is hunted.

No other individual may hunt a Tier 2 Location even if a permittee is not in the blind by the legal daily opening shooting time.

4. Permittee(s) are responsible for removal of all decoys, litter, and trash on the last day of the hunt period.

(d) The following regulations apply to Tier 3 Locations or Quota Permit Areas.

1. Tier 3 Locations do not have a permanent blind at the location. No new permanent blind structures may be constructed at Tier 3 Locations.

2. Temporary blinds may be used at Tier 3 Locations, but the blinds must be removed at the end of the hunt period. All decoys must be removed from the area at the end of the hunting period. All temporary blinds must be within twentyfive (25) feet of designated stakes or GPS coordinates.

3. The maximum hunt party size for Tier 3 Locations is eight (8) adults unless designated differently on the permit, but there is no maximum party size for youth hunters. However, youth hunters must be accompanied by an adult at least eighteen (18) years of age while hunting a Tier 3 Location.

4. No other individual may hunt a Tier 3 Location or Quota Permit Area even if a permittee is not in the blind or at the site by the legal daily opening shooting time.

5. Permittee(s) are responsible for removal of all decoys, litter, and trash on the last day of the hunt period.

(e) The following regulations apply to Tier 4 Locations.

1. Tier 4 Locations may or may not have permanent blinds,. Any permanent blinds at Tier 4 Locations are structures leftover from Tier 1 Locations that have become Tier 4 Locations because the successful applicant either failed to return a Notice of Intention or failed to brush the blind by the opening day of the regular waterfowl season. No person may construct new permanent blind structures at Tier 4 Locations.

2. Temporary blinds may be used at Tier 4 Locations, but the blinds must be removed at the end of each day. Any temporary blinds and decoys must be removed from the area at the end of shooting each day. All temporary blinds must be within twenty-five (25) feet of designated stakes or GPS coordinates.

3. No permit is required to hunt Tier 4 Locations, but the first person or party to the location before the legal daily opening shooting time has priority use (exclusive and uninterrupted use) of the location until the end of the shooting hours that day. Exclusive and uninterrupted use entitles the person or party to the right to exclude all others from the blind, at the person’s or party’s option, except for law enforcement personnel engaged in the performance of their duties.

4. The maximum hunt party size for Tier 4 Locations is eight (8) adults, but there is no maximum party size for youth hunters. However, youth hunters must be accompanied by an adult at least eighteen (18) years of age while hunting a Tier 4 Location.

5. Any person or party hunting a Tier 4 Location is responsible for removal of all decoys, litter, and trash at the end of each day.

(f) The Tennessee Fish and Wildlife Commission must establish the available designated waterfowl hunt locations, as determined by the TWRA, as either Tier 1 Locations, Tier 2 Locations, Tier 3 Locations or Quota Permit Areas, or Tier 4 Locations prior to or in conjunction with passing the hunting season setting proclamations every two years.

The Tennessee Fish and Wildlife Commission must make this determination at a publicly noticed meeting of the Tennessee Fish and Wildlife Commission.

(g) By May 31 of each year, the area manager for a WMA will evaluate all permanent blinds on the area manager’s WMA. The area manager will determine if each blind is usable, unusable, or destroyed. Unusable or destroyed blinds may be repaired or replaced at the discretion of the area manager. Blinds considered unsafe or unusable may be destroyed at the discretion of the TWRA.

(h) The permittee for a permanent registered blind site or a Tier 1 Location, who is the person to whom the TWRA issued the permit, must occupy the permittee’s blind or designated waterfowl hunt location by the legal daily opening shooting time on days the permittee wishes to hunt, and if the blind or designated waterfowl hunt location is unoccupied at that time by the permittee, the first person or party occupying said blind or designated waterfowl hunt location shall be entitled to the privilege of its exclusive and uninterrupted use until the end of the shooting hours of that day. Exclusive and uninterrupted use entitles the person or party to the right to exclude all others from the blind or designated waterfowl hunt location, at the person’s or party’s option, except for law enforcement personnel engaged in the performance of their duties. The permittee has priority use (exclusive and uninterrupted use) only if he/she is at the blind or designated waterfowl hunt location on or before the legal daily opening shooting time, even if the blind or designated waterfowl hunt location is occupied by another person or party, provided the permittee produces identification and the permittee’s permit.

(i) All permanent blinds must be removed from Tier 1 locations by April 30, but an area manager may allow more time for removal upon written request. Any blind not removed will become the property of the TWRA for future use and/or destruction.

(j) If any permittee violates any of the rules and regulations contained herein, the permittee is subject to having the permit canceled in addition to the penalty prescribed by law.

(k) Hunting will be permitted from permanent draw blinds and temporary blinds on Camden-Unit II, Big Sandy (including Gin Creek Unit), Barkley Unit II, Cordell Hull, Harmon’s Creek, Tigrett, and West Sandy in accordance with statewide rules and regulations. Any temporary blinds and decoys must be at least two hundred (200) yards from any permanent blind and must be removed from the area at the end of shooting each day. All permanent blinds must be within five (5) feet of designated stakes.

(l) Hunting will be permitted from permanent draw blinds and staked positions for temporary blinds on Old Hickory-Unit I and Unit II. Hunting from temporary blinds is on a first come, first serve basis. Any temporary blinds constructed on staked positions and decoys and all trash must be removed from the area at the end of shooting hours each day.

(m) Trespassing or disturbance is prohibited in posted areas during any waterfowl season.

(n) Beginning on the opening day of the regular waterfowl season and continuing until the last day of the regular waterfowl season, public access in the subimpoundments of Barkley-Unit I, Cheatham Lake, Haynes Bottom, Old Hickory-Units I and II, Camden- Units I and II, Big Sandy, Gooch-Unit A, Tigrett, and West Sandy will only be allowed from 4:00 a.m. until two hours after legal shooting hours have ended.

(o) Designated waterfowl hunt locations not allocated by draw procedures established by the TWRA or cancelled by the TWRA will become temporary blind sites for the quota hunt period. If a Tier 1 Location permittee does not meet the deadline for having the blind on site, or violates any other provision of this rule, the permittee forfeits the permittee’s opportunity to participate in any waterfowl quota hunt drawing the following year.

(p) The permit holder of a Tier 1 Location or a permanent registered blind shall adhere to blind construction and removal deadlines. The permit holder of a Tier 1 Location or a permanent registered blind shall be responsible for removal of all associated blind materials, including all litter and trash, stakes, weights, and lines within fifteen (15) days after the last day of the regular waterfowl season or the last day of a special youth or military hunt, whichever occurs later.

(q) No trees, shrubs, or vegetation shall be cut, chemically sprayed, altered, or otherwise destroyed without prior written approval of the area manager. Application to the area manager for any cutting, altering, or spraying must be made prior to the last Saturday in August.

(2) The following regulations apply to the WMA, as indicated:

(a) A.E.D.C. (except Woods Reservoir), Anderson Tully, Barkley Unit II, Bogota, Thorny Cypress, Cottonport, Yellow Creek, Long Island, Lick Creek Bottoms, New Hope, Percy Priest-Unit II, Candies Creek, Roger’s Creek, Johnson Bottoms, Mark’s Creek Unit of Cheatham Lake, and areas as specified under proclamation of Cheatham Lake, White Oak, that area of Barkley Reservoir as specified under annual proclamation, that portion of Old Hickory-Unit III, from Mile No. 268 upstream to the abandoned Lock and Dam Site No. 6 at approximately Mile No. 281, Ernest Rice, Sr., Obion River, Moss Island, Gooch-Units B, C and E, Shelby Forest State Park and Wolf River.

1. No permanent blinds allowed.

2. Decoys must be picked up each day.

3. Temporary blinds must be built the day of the hunt and hunters using temporary blinds must remove or destroy such blinds at the end of the day’s hunt.

4. On Lick Creek Bottoms WMA, hunt party size is limited to four (4) adults, but there is no maximum party size for youth hunters. However, youth hunters must be accompanied by an adult at least eighteen (18) years of age while hunting on Lick Creek Bottoms WMA.

(b) Reelfoot WMA 1. Waterfowl hunting on Reelfoot WMA is restricted to hunting from either permanent or temporary blinds as defined herein. For the purpose of this rule, the following definitions apply:

(i) A permanent blind is a framed structure as least four (4) feet wide, four (4) feet high, and eight (8) feet long with walls consisting of solid material to which camouflage is or may be attached, which can be hunted from as determined by the area manager, that is constructed on or moved to either a permanent registered blind site, or a designated waterfowl hunt location.

A permanent blind is further restricted in size so as not to exceed thirty (30) feet in length and not to exceed three hundred (300) total square feet.

(ii) A temporary blind is either a structure assembled or placed for one day of waterfowl hunting or boat that is used for one day of waterfowl hunting or, a site consisting of the use of natural vegetation or conditions for concealment for one day of waterfowl hunting.

(iii) A permanent registered blind site is a waterfowl hunting blind site registered in 1986 with the TWRA and identified by geographic coordinates in 1995. These sites may not be relocated.

2. Permanent registered blind sites may be registered only by the 1991 registrants.

3. In order to annually register a permanent registered blind site, an individual must purchase a Reelfoot Registered Waterfowl Blind Permit. Registration may be completed in person at any TWRA License agent location, through certified mail, or through the TWRA’s online license system. Registration must be completed between February 18 and July 31, inclusive. If registration is in person, the registrant must present a photo ID. To complete the registration process, blind holders must send a signed copy of the Reelfoot Registered Waterfowl Blind Permit to the TWRA Sales Office postmarked by July 31. If registered through the mail or the TWRA’s online license system, a signed and notarized affidavit proving identification must be included and the registration must be postmarked between February 18 and July 31, inclusive.

4. A permanent registered blind site holder may annually designate other individuals who may for that season be permitted priority use of their permanent blind site. These persons, hereinafter, will be referred to as sign-ons. The permanent registered blind site holder must obtain a Reelfoot Registered Blind Sign-On Permit for each individual sign-on. A permit may be obtained through the TWRA’s online license system. Each permit must be signed and notarized and a photocopy submitted by the blind site registrant. Photocopies of each permit must be post marked by July 31 to the TWRA Sales Office.

5. Failure to annually register a permanent registered blind site between February 18 and July 31 shall result in the termination of its status as a permanent registered blind site after which it may be designated as a designated waterfowl hunt location, in the discretion of the area manager or an authorized employee of TWRA.

6. Each permanent registered blind site holder must display, and maintain yearround in a conspicuous location, the appropriate permanent number inside the blind or on a stake with painted numbers which are at least two inches in height.

When a floating blind is moved to a permanent registered blind site, the number must be immediately transferred from the stake to the floating blind. No permanent blind may be locked or barricaded to deny access to any portion of the blind used for discharging firearms at game when the blind is not in use. No permanent blind site may be utilized or manipulated in such a manner so as to interfere with the lawful use of the blind or so as to interfere with the lawful taking of wildlife.

7. The permittee, who is the person to whom the Agency issued the permit, must occupy his/her blind by the legal daily opening shooting time on days he/she wishes to hunt, and if the blind is unoccupied at that time by the permittee, the first person or party occupying said blind shall be entitled to the privilege of its exclusive and uninterrupted use until the end of shooting hours that day.

Exclusive and uninterrupted use entitles the person or party to the right to exclude all others from the blind, at the person’s or party’s option, except for law enforcement personnel engaged in the performance of their duties. The permittee has priority use (exclusive and uninterrupted) only if he/she is at the blind on or before the legal daily opening shooting time, regardless of whether or not the blind is occupied by another person or party, provided the permittee produces identification and his/her blind permit.

8. Neither permanent registered blind site holders nor their sign-ons may participate in any waterfowl quota hunt drawing.

9. Unregistered and/or unnumbered permanent blinds and illegal temporary blinds are subject to removal and/or destruction at the discretion of the area manager or a designee of the TWRA.

10. Each year, a permanent blind must be present or be constructed and/or placed on each permanent registered blind site and each applicable designated waterfowl hunt location. Completion of blind construction and/or placement on these sites must occur by the fourth Monday in October. Failure to complete construction and/or placement of a permanent blind by the deadline shall result in the termination of its status as a permanent registered blind site, permitting its use as a site for a temporary blind for the remainder of that hunting season.

Thereafter, it may be designated as a designated waterfowl hunt location at the discretion of the area manager. Camouflage on permanent registered blind sites and applicable designated waterfowl hunt locations must be completed by opening day of the regular waterfowl season. If adverse environmental conditions prevent the construction and/or placement of a blind at the site by the deadline, as determined by the TWRA, the area manager may grant an extension. The area manager must receive a written request for an extension, from the permanent registered blind holder, prior to the fourth Monday in October. Should these adverse environmental conditions persist and completely prevent the construction and/or placement of a blind on the site, as verified by the area manager, the permanent registered blind site will not be terminated. Blinds rendered unusable or destroyed may be repaired or replaced at the discretion of the area manager.

11. Decoys located at permanent blinds shall be removed by permit holders within fifteen (15) days after the last day of the regular waterfowl season or the last day of a special youth or military hunt, whichever occurs later. The use or possession of containers made of plastic or metal that are utilized for waterfowl decoys is prohibited while participating in waterfowl hunting on the waters of Reelfoot Lake.

12. No temporary blind shall be placed closer than two hundred (200) yards from a permanent blind.

13. Persons hunting from temporary blinds must remove all decoys and other blind materials at the end of each day’s hunt. No decoys and/or other blind materials may be placed at a temporary blind site and left unattended.

14. No trees, shrubs, or vegetation shall be cut, chemically sprayed, altered, or otherwise destroyed without prior approval of the area manager.

15. Blind owners may not abandon blinds on Reelfoot WMA and are responsible for removing all related materials, including all litter and trash, stakes, weights and lines. Abandoned blinds and related materials may be removed, destroyed or otherwise disposed of by the area manager or his designee.

16. Any person violating any rule and regulation contained herein, is subject to have his/her blind site permit canceled and/or hunting privileges on Reelfoot WMA revoked in addition to other penalties as prescribed by law.

17. The Tennessee Fish and Wildlife Commission shall review this rule every four (4) years.

(c) West Sandy WMA 1. Waterfowl hunting on West Sandy WMA is restricted to hunting from either permanent or temporary blinds as defined herein. For the purpose of this rule the following definitions apply:

(i) A permanent blind is a framed structure of a minimum of four (4) feet wide, four (4) feet high, and eight (8) feet long not to exceed thirty (30) feet in length and not to exceed three hundred (300) total square feet, with walls consisting of netting wire or solid material to which camouflage is or may be attached, which can be hunted from as determined by the area manager, and that is constructed on or moved to either a permanent registered blind site or a designated waterfowl hunt location.

(ii) A permanent registered blind site is a waterfowl hunting blind location registered to a specific individual in 2000 by the TWRA and identified with geographic coordinates. These sites may not be relocated or transferred to another individual. It is the intent that over time all permanent registered blind sites will be converted to designated waterfowl hunt locations or temporary blind sites. Prior to the 2001 waterfowl hunting season, the agency will make available to the public, a plat containing the geographic coordinates of each permanent registered blind site.

(iii) A temporary blind is either a structure assembled or placed for one day of waterfowl hunting; a boat that is used for one day of waterfowl hunting; or a site consisting of the use of natural vegetation or conditions for concealment for one day of waterfowl hunting.

2. Any person who was the primary registrant of a blind at West Sandy during the 1997-98 season may register a permanent registered blind site during the 2000 registration process. The primary registrants of blind sites 0222 and 1902 during the 1996-97 registration will be considered as 1997-98 registrants for the

purpose of this rule. Only one site may be registered per individual. Coregistrants are not permitted. After the initial registration no names may be added nor may the registrant transfer to another site. Permit holders may be deleted from specific sites, either voluntarily or due to cancellation. Individuals registered for a permanent blind site may not be registered on any other blind site within TWRA’s blind regulatory process. Registrants must be at least sixteen (16) years of age and possess applicable permit or license. Registrants must appear in person during the 2000 registration and all subsequent annual registrations.

3. During the last fourteen days of May in the year 2000, all individuals who were registered blind holders during the 1997-98 waterfowl season as specified in Paragraph 2 must have identified for TWRA the specific blind site they have selected for their permanent registered blind site. Failure to select this site will result in the loss of future registration privileges. The permanent registered blind site chosen by that same individual will then be located with geographic coordinates by TWRA. The site will then be initially registered on the first Saturday in August of 2000 by the applicant.

4. In order to annually register a permanent registered blind site, an individual must purchase a WMA Permit (or have a Lifetime or Annual Sportsman License) and a West Sandy Waterfowl Blind Permit on or before July 31. Registration may be completed as follows: 1) in person at any TWRA License agent location or TWRA Sales Office, 2) through certified mail, or 3) through the TWRA’s online license system.

If registration is in person, the registrant must present a photo ID. To complete the registration process, registrants must send a signed copy of the West Sandy Waterfowl Blind Permit to a TWRA Sales Office postmarked by July 31.

If registering through the mail or the TWRA’s online license system, a signed and notarized affidavit proving identification must be included and the registration must be sent to a TWRA Sales Office and postmarked between February 18 and July 31, inclusive. If registering through mail, the submission must be sent through certified mail.

5. A permanent registered blind site holder may annually designate other individuals who may for that season be permitted priority use of the permanent blind site. These persons, hereinafter, will be referred to as sign-ons. All signsons must be added by July 31. The permanent registered blind site holder must obtain a West Sandy Waterfowl Sign-On Permit for each individual sign-on. This permit may be obtained as follows: 1) through the TWRA’s online license system or 2) in person at any TWRA license agent location or TWRA Sales Office. Each West Sandy Waterfowl Sign-On Permit must be signed by the individual identified as a sign-on, and must be signed and notarized by the permanent registered blind site holder. To complete the registration process, photocopies of each West Sandy Waterfowl Sign-On Permit must be sent to a TWRA Sales Office and post marked by July 31.

6. Failure to annually register a permanent registered blind site by July 31 shall result in the termination of its status as a permanent registered blind site. The TWRA may designate any terminated permanent registered blind site as a designated waterfowl hunt location.

7. Each permanent registered blind site holder must display, and maintain yearround in a conspicuous location, the appropriate permit number inside the blind or on a stake with painted numbers which are at least two inches in height. When a floating blind is moved to a permanent registered blind site, the number must be immediately transferred from the stake to the floating blind. No permanent blind may be locked or barricaded to deny entrance to other hunters when the blind is not in use.

8. The permittee for a permanent registered blind site, a Tier 1 Location, who is the person to whom the Agency issued the permit, must occupy his/her blind by the legal daily opening shooting time on days he/she wishes to hunt, and if the blind is unoccupied at that time by the permittee, the first person or party occupying said blind shall be entitled to the privilege of its exclusive and uninterrupted use until the end of shooting hours that day. Exclusive and uninterrupted use entitles the person or party to the right to exclude all others from the blind, at the person’s or party’s option, except for law enforcement personnel engaged in the performance of their duties. The permittee has priority use (exclusive and uninterrupted) only if he/she is at the blind on or before the legal daily opening shooting time, regardless of whether or not the blind is occupied by another person or party, provided the permittee produces identification and his/her blind permit.

9. Neither permanent registered blind site holders nor their sign-ons may participate in any waterfowl quota hunt drawing.

10. Each year, a permanent blind must be present or be constructed and/or placed on each permanent registered blind site and each applicable designated waterfowl hunt location by the fourth Monday in October and remain in place for the entire regular waterfowl season. All camouflage must be completed by opening day of the regular waterfowl season. Failure to construct and/or place a permanent blind on a permanent registered blind site or applicable designated waterfowl hunt location by the fourth Monday in October shall result in its termination as a permanent registered blind site, permitting its use as a temporary blind site for the remainder of that hunting season. Thereafter, it may be designated as a designated waterfowl hunt location at the discretion of the area manager. If adverse environmental conditions prevent the construction and/or placement of a blind at the site by the deadline, as determined by the TWRA, the area manager may grant an extension. The area manager must receive a written request for an extension, from the permanent registered blind site holder, prior to the fourth Monday in October. Should these adverse environmental conditions persist and completely prevent the placement of a blind on the site, as verified by the area manager, the permanent registered blind site will not be terminated. Blinds rendered unusable or destroyed may be repaired or replaced at the discretion of the area manager.

11. Unregistered and/or unnumbered permanent blinds and illegal temporary blinds are subject to removal and/or destruction at the discretion of the area manager or a designee of the TWRA.

12. No temporary blind shall be placed closer than two hundred (200) yards from a permanent blind. Persons hunting from temporary blinds must remove all decoys and other blind materials at the end of each day’s hunt. No decoys and/or other blind materials may be placed at a temporary blind site and left unattended.

13. No trees, shrubs, or vegetation shall be cut, chemically sprayed, altered, or otherwise destroyed without prior written approval of the area manager.

Application to the area manager for any cutting, altering, or spraying must be made prior to the last Saturday in August.

14. Blind owners may not abandon blinds and are responsible for removing all related materials. Abandoned blinds and related materials may be removed, destroyed, or otherwise disposed of at the discretion of the TWRA.

15. Any person violating any rule and regulation contained herein, is subject to have his/her blind site permit canceled and/or hunting privileges on West Sandy WMA revoked in addition to other penalties as prescribed by law.

16. Safety concerns require that the Tennessee Valley Authority (TVA) conduct repairs and maintenance to levee and pump house infrastructures that may create water levels incompatible for waterfowl hunting. During such time, the Executive Director shall have the discretion to deem those permanent registered blind sites duly registered during the period of maintenance and repair by TVA while suspending the registration and all other annual requirements of this rule.

Further, the Executive Director shall have the discretion to allow those permanent registered blind site holders to compete for or sign on any other TWRA blind sites in the state. Waterfowl blind drawings at this location will be suspended when TVA repair work creates conditions incompatible for waterfowl hunting.

(3) The following regulations apply to TWRA-controlled lands not designated as WMAs or Wildlife Refuges, except as otherwise designated:

(a) No permanent blinds allowed.

(b) Decoys must be removed at the end of the day’s hunt.

(c) Temporary blinds must be built the day of the hunt and hunters using temporary blinds must remove or destroy such blinds at the end of the day’s hunt.

(4) Special Rules and Regulations - Waterfowl Hunting on Land Between the Lakes (a) Areas closed to waterfowl hunting:

1. Areas above 359’ elevation, as posted;

2. Bards Lake;

3. Rushing Bay; and 4. Campgrounds, lake access, and other public use areas and safety zones as posted.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-101, 70-4-107, and 70-5-101.
• Administrative History: Original rule certified May 8, 1974. Amendment filed October 29, 1974; effective November 29, 1974. Amendment filed November 4, 1974; effective December 4, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed July 19, 1976; effective August 18, 1976. Amendment filed June 29, 1977; effective July 29, 1977. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed July 2, 1979; effective August 16, 1979. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed May 27, 1983; effective June 27, 1983. Amendment filed November 13, 1984; effective December 13, 1984. Amendment filed June 27, 1985; effective July 27, 1985. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed September 24, 1986; effective November 8, 1986. Amendment filed June 27, 1988; effective August 11, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed December 18, 1989; effective February 1, 1990. Amendment filed June 7, 1990; effective July 22, 1990. Amendment filed December 12, 1990; effective January 26, 1991. Amendment filed April 28, 1993; effective June 12, 1993. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed August 26, 1993; effective November 9, 1993. Amendment filed January 30, 1995; effective April 15, 1995. Amendment filed February 8, 1996; effective April 23, 1996. Amendment filed April 22, 1996; effective July 6, 1996. Amendment filed August 13, 1998; effective October 13, 1998. Amendment filed August 26, 1998; effective November 9, 1998. Amendment filed September 17, 1998; effective December 1, 1998. Amendment filed November 24, 1999; effective February 7, 2000. Amendment filed May 19, 2000; effective August 2, 2000. Amendment filed October 2, 2000; effective December 16, 2000. Amendment filed December 1, 2000; effective February 14, 2001. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed March 5, 2002; stay filed May 16, 2002; withdrawal of stay filed May 22, 2002; effective May 25, 2002. Amendment filed May 20, 2003; effective August 3, 2003. Amendment filed June 3, 2004; effective August 17, 2004. Amendments filed May 25, 2005; effective August 8, 2005. Amendment filed March 2, 2009; effective May 16, 2009. Amendment filed June 16, 2010; effective September 14, 2010. Amendment filed October 5, 2012; effective January 3, 2013. The Government Operations Committee filed a 29-day stay of the effective date of these rules; new effective date February 1, 2013. Amendments filed May 4, 2021; effective August 2, 2021. Amendments filed April 6, 2022; effective July 5, 2022. Amendments filed January 8, 2025; effective April 8, 2025. Amendments filed May 23, 2025; effective August 21, 2025.

Tenn. Comp. R. & Regs. 1660-01-02-.03 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-414.
• Administrative History: Original rule filed June 25, 1975; effective July 25, 1975. Amendment filed March 2, 1978; effective April 1, 1978. Repeal and new rule filed August 26, 1998; effective November 9, 1998. Repeal and new rule filed May 25, 2011; effective August 23, 2011. Amendments filed June 5, 2018; effective September 3, 2018. Amendments filed May 4, 2021; effective August 2, 2021. Repeal filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-02-.04 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed September 29, 1978; effective November 13, 1978. Amendment filed May 17, 1979; effective July 2, 1979. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 4, 1982; effective July 19, 1982. Repeal filed June 24, 1985; effective August 8, 1985.

Chapter 1660-01-03 Rules and Regulations for Sale of Bream

Tenn. Comp. R. & Regs. 1660-01-03-.01 SALE AS BAIT

All species of bream which shall include but not be limited to bluegill, green, longear, pumpkinseed, redbreast, redear and spotted sunfish, may be bought and/or sold subject to the following conditions:

(1)(a)Such fish may be bought and/or sold for bait purposes only.

(b)Such fish bought and/or sold must not be more than four (4) inches in length.

(c)Such fish must have been lawfully taken from privately owned lakes and/or ponds.

(d)Nothing contained herein shall be construed as legalizing the sale of bream taken from any stream or public lake.

History

• Authority: T.C.A. §51-134.
• Administrative History: Original rule certified May 8, 1974.

Chapter 1660-01-04 Rules and Regulations for Field Trials and Dog Training

Tenn. Comp. R. & Regs. 1660-01-04-.01 RACCOON DOG FIELD TRIALS

(1) Organized raccoon dog clubs may run field trials provided they justify, in writing, to the Regional Manager of the TWRA region where the trial is to be held a minimum of fifteen (15) days prior to the opening of the trial. No club will be permitted to conduct more than seven (7) field trials during the closed season on raccoons of any one calendar year.

(2) A minimum of 12 entries are required before a trial may be held and grounds where dogs are to be released shall be clearly outlined in the written notice given the Wildlife Officer.

(3) The Secretary or other official of the Club sponsoring the field trial shall maintain a list of the names and addresses of the persons who have dogs participating in the field trial for a period of thirty (30) days after the close of the trial. Such list must be available and open for inspection by any representative of the Wildlife Resources Agency at all times.

(4) All such trials must be sanctioned or recognized by the United Kennel Club or other chartered clubs, and must be conducted in accordance with the rules of the sanctioning organization.

(5) No raccoon or other game may be killed except during the regular season when it is legal to do so.

(6) No person attending or participating in a raccoon dog field trial shall use or carry any firearms, axes, saws, climbing instruments, or devices capable of driving a raccoon from any den or tree.

(7) The Wildlife Resources Agency reserved the right to prohibit any and all such field trials when same are deemed not to be in the best interest of the public or are deemed to be detrimental to the native wildlife of the area where the trial is to be held including when it is determined by the Agency that the raccoon population is declining in that area to the extend that the field trials would be detrimental to the resource.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed October 6, 1980; effective November 20, 1980. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed January 5, 2009; effective March 21, 2009.

Tenn. Comp. R. & Regs. 1660-01-04-.02 OTHER TRIALS

(1) Organized bird dog clubs, rabbit dog clubs, retriever dog clubs, foxhound clubs, and other organized clubs as recognized by proclamation, may run field trials provided they justify, in writing, to the Regional Manager of the TWRA region where the trial is to be held a minimum of fifteen (15) days prior to the opening of the trial.

(2) The Wildlife Resources Agency reserves the right to prohibit any and all such field trials when same are deemed not to be in the best interest of the public or are deemed to be detrimental to the native wildlife of the area where the trial is to be held.

(3) Game birds released in bird dog and/or retriever dog field trials must have been artificially propagated or otherwise legally obtained and may be released only on the dates of the trial and on the trial grounds. Game birds released on Agency-controlled lands shall bear a leg band approved by the Wildlife resources Agency.

(4) All shoot-to-retrieve field trials shall be required to establish trial grounds as private wildlife shooting preserves and therefore shall abide by all regulations of Rule 1660-1-11.02, except for trials not operating under a private wildlife shooting preserve permit shall abide by all regulations pertaining to that season.

History

• Authority: § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-04-.03 REPEALED

History

• Authority: § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 8, 1977; effective July 8, 1977. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-04-.04 RELEASE AND RECAPTURE PENS

(1) Pen-reared Bobwhite quail may be released and recaptured for the purpose of training bird dogs on a year-round basis.

(2) All bobwhite quail released shall bear a leg band approved by the Wildlife Resources Agency.

(3) Shooting of released quail is allowed only during the open statewide quail season or during the shooting preserve season if released on a licensed shooting preserve.

(4) Each release and recapture pen must be identified with the name and address of the person attempting to release or recapture pen-reared quail.

(5) Release and recapture pens may be used only with landowner approval.

(6) The dog trainer must show the location of all release and recapture pens to the wildlife officer on request.

(7) All species of wildlife other than the banded quail which may be trapped in the pens must be released unharmed immediately.

(8) All release and recapture pens must be checked daily to insure proper maintenance.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed August 9, 1993; effective October 23, 1993. Amendments filed September 21, 2016; effective December 20, 2016.

Chapter 1660-01-05 Rules and Regulations for Fishing

Tenn. Comp. R. & Regs. 1660-01-05-.01 COMMERCIAL FISHERY QUOTA PERMIT APPLICATION AND DRAWINGS

(1) Each individual desiring to commercial fish in waters designated for limited quota commercial fishery must complete an application supplied by the Tennessee Wildlife Resources Agency.

Only one application per individual is permitted. If an individual’s name appears on more than one (1) application, that individual will be rejected, his permit fee forfeited, and will be subject to prosecution.

(2) Each applicant must possess a valid commercial fishing license prior to completing an application.

(3) Any person who has, within the previous twenty-four (24) month period been convicted of a commercial fishing violation resulting in suspension of commercial fishing privileges or who is under any probation or suspended sentence for conviction of a commercial fishing violation, shall be ineligible for such drawing.

(4) All information requested on the application must be completed by the applicant. Failure to clearly specify all information will result in the application being returned.

(5) Each application shall be accompanied by a permit deposit of $500. Unsuccessful applicants will be reimbursed their fee within twenty (20) working days following the drawing. Successful applicants shall have this fee applied against their harvest fee.

(6) All applications must be postmarked no later than midnight, or hand delivered to the Tennessee Wildlife Resources Agency Regional Office concerned, by the close of business hours of the date specified in the advertisement for the drawing. Applications not complying with the deadline will be rejected.

(7) Such drawing will be scheduled, advertised, and held by relevant TWRA personnel no later than eight (8) weeks prior to the opening of the designated fishery.

(8) Specific gear restrictions, seasons, and other regulatory, management, or administrative costs or procedures shall be established by written contract between TWRA and permit holders. A copy of such contract shall be a part of the advertisement of the permit fishery.

History

• Authority: T.C.A. §§ 69-9-209, 70-1-206, 70-1-302, and 70-4-107.
• Administrative History: Original rule certified May 8, 1974. Repeal filed December 3, 1979; effective January 17, 1980. New rule filed June 11, 1981; effective July 27, 1981. Amendment filed March 31, 2000; effective June 14, 2000. Amendments filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-05-.02 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal and new rule filed September 20, 1984; effective October 20, 1984. Amendment filed September 24, 1986; effective November 8, 1986. Repeal filed August 21, 2001; effective November 4, 2001.

Tenn. Comp. R. & Regs. 1660-01-05-.03 TWRA LAKES

(1) The lakes governed by this rule are Browns Creek Lake, Carroll Lake, Coy Gaither-Bedford Lake, Davy Crockett Lake, Garrett Lake, Gibson County Lake, Glenn Springs Lake, Graham Lake, Herb Parsons Lake, Lake Halford, Laurel Hill Lake, Maples Creek Lake, Marrowbone Lake, Reelfoot-Indian Creek Watershed Lakes (Obion County), V.F.W. Lake, Whiteville Lake, and Williamsport Lake.

(2) A 1 Day Daily or Annual TWRA Lake Fishing Permit is required on all lakes listed above except Garrett Lake, Reelfoot-Indian Creek Watershed Lakes, and Whiteville Lake. A 1 Day or Annual Lake Halford Permit is required on Lake Halford by all lake and property users except under provisions of paragraph (3). A 1 Day Coy Gaither-Bedford Lake Permit or Annual TWRA Lake Fishing Permit is required on Coy Gaither-Bedford Lake except under provisions of paragraph (3). These permits (not transferable) are required by all except those exempt under provisions of paragraph (3).

(3) Residents exempt from the 1 Day Daily or Annual TWRA Lake Fishing Permit, the 1 Day or Annual Lake Halford Permit, and the 1 Day Coy Gaither-Bedford Lake Permit are: those 65 years of age and older, children under 16 years of age and those with a Sportsman License.

Non-Residents exempt from the 1 Day or Annual TWRA Lake Fishing Permit, the Daily Lake Permit 1 Day or Annual Lake Halford Permit, and the 1 Day Coy Gaither-Bedford Lake Permit are: children under 16 years of age.

(4) Unattended private boats may not be left on the lakes except those tied to permitted boat docks on Gibson County Lake and Lake Halford.

(5) Boats may not exceed no wake-speed, except as noted in paragraph (9). Boats used for any activity other than fishing is prohibited, except as noted in paragraph (7). Use of motors, other than electric trolling motors, to operate boats on V.F.W. Lake, Coy Gaither-Bedford Lake, Williamsport Lakes, or Marrowbone Lake is prohibited.

(6) Houseboats, sailboats, cruisers, skiing, and swimming are prohibited except swimming is permitted on Reelfoot-Indian Creek Watershed Lakes. Sailboats, skiing, and swimming are allowed at Lake Halford. Cruisers and houseboats are prohibited at Lake Halford.

(7) Hunting is permitted during the regular hunting season on the following lakes and adjacent state lands, except on areas posted as safety zones: Garrett Lake, VFW Lake, Whiteville Lake, Coy Gaither-Bedford Lake, Laurel Hill Lake, Carroll Lake (no big game hunting allowed on Carroll Lake and State owned land adjacent thereto), and Reelfoot-lndian Creek Watershed Lakes. Trapping is allowed on Reelfoot-lndian Creek Watershed Lakes as set out in statewide regulations. Waterfowl hunting is permitted from temporary or natural blinds only on Garrett Lake, Laurel Hill Lake, Whiteville Lake, and Reelfoot-lndian Creek Watershed Lakes. Blinds and decoys must be removed daily from Garrett Lake, Whiteville Lake, and Reelfoot-lndian Creek Watershed Lakes. Boats may be used for waterfowl hunting on Garrett Lake, Laurel Hill Lake, Whiteville Lake, and Reelfoot-lndian Creek Watershed Lakes.

(8) On those lakes where camping is permitted it is restricted to those areas designated by the Lake Manager or concessionaire in charge, and requires their permission.

(9) On Laurel Hill Lake and Lake Halford, the “no wake” speed is restricted to that area of the lake delineated by “no wake” buoys.

(10) All persons utilizing Agency managed lakes and property must supply license and permit information, present their catch for inspection, and check in and out if requested by Agency personnel or agents.

(11) No person shall be under the influence or in the possession of any intoxicating beverages or drugs while on these areas. However, alcoholic beverages are permitted in the designated camping location at Lake Halford.

(12) No person shall deface state property, block access areas, cut trees, bushes, and shrubs or litter the area.

(13) For safety reasons, the TWRA Executive Director or their designee, has the authority to close any TWRA lake to motorboats.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-209, 70-1-206, 70-1-302, 70-2-219, and 70-4-107.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed May 19, 1980; effective July 3, 1980. Repeal and new rule filed February 4, 1983; effective March 7, 1983. Amendment filed February 20, 1986; effective March 22, 1986. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed April 20, 1988; effective June 4, 1988. Amendment filed December 18, 1989; effective February 1, 1990. Amendment filed January 14, 1991; effective February 28, 1991. Amendment filed September 26, 1996; effective December 10, 1996. Amendment filed February 27, 1998; effective May 13, 1998. Amendment filed September 4, 1998; effective November 18, 1998. Amendment filed March 31, 2000; effective June 14, 2000. Amendment filed January 5, 2001; March 22, 2001. Amendment filed January 3, 2003; effective March 19, 2003. Amendments filed February 10, 2005; effective April 26, 2005. Amendment filed May 12, 2005; effective July 26, 2005. Amendment filed February 9, 2007; effective April 25, 2007. Amendment filed May 31, 2013; effective August 29, 2013. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date filed March 27, 2015; new effective date July 1, 2015. Amendment filed September 19, 2016; effective December 18, 2016. Amendments filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-05-.04 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed May 19, 1980; effective July 3, 1980. Repeal filed August 2, 1982; effective August 31, 1982.

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

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed February 20, 1986; effective March 22, 1986.

Tenn. Comp. R. & Regs. 1660-01-05-.06 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed August 2, 1982; effective August 31, 1982. Amendment filed February 20, 1986; effective March 22, 1986. Repeal filed February 12, 1996; effective April 27, 1996.

Chapter 1660-01-06 Rules and Regulations Governing the Deer Bait Privilege License

Tenn. Comp. R. & Regs. 1660-01-06-.01 QUALIFICATIONS

(1) Utilizing the aid of bait while hunting white-tailed deer is only allowed on privately owned or leased lands and only if the person has purchased a Deer Bait Privilege License.

(2) A Deer Bait Privilege License is an annual license and must be obtained in the same manner as a hunting license, as provided in Rule 1660-01-28-.15.

(3) A person who is exempt from purchasing a hunting license is not exempt from the requirement to purchase a Deer Bait Privilege License (T.C.A. § 70-4-113). This includes sportsman license holders.

(4) A person hunting over bona fide normal agricultural practices or wildlife food plots established and maintained as part of ordinary agricultural or habitat management practices is not required to obtain a Deer Bait Privilege License.

(5) Each individual hunter in a hunting group or party who hunt over bait are required to purchase and have in their possession a Deer Bait Privilege License.

(6) The Agency may, without refund, suspend the use of a deer baiting privilege and/or adopt additional rules to manage the feeding of wildlife on a county, regional, or statewide basis to prevent the spread of diseases among wildlife by announcing the suspension in a news release.

History

• Authority: T.C.A. §§ 70-1-201, 70-1-206, 70-1-302, and 70-4-113.
• Administrative History: New rules filed April 23, 2026; effective July 22, 2026.

Tenn. Comp. R. & Regs. 1660-01-06-.02 TERMS OF USE

(1) Authorized types of bait are as follows:

(a) Corn (b) Wheat (c) Grains (d) Natural food substances (e) Products specifically and exclusively produced or marketed for feeding deer such as:

1. Pelletized feeds 2. Flavored corn or other grains July, 2026 2 3. Mineral or vitamin supplements (2) Unauthorized types of bait are any product or substance, not categorized as (1)(e) above, that is categorized as follows:

(a) Processed food products and any product that has been enhanced by the following:

1. Sugar 2. Honey 3. Syrups 4. Oils 5. Salts 6. Spices 7. Peanut butter 8. Grease 9. Meat 10. Bones 11. Blood 12. Candies 13. Pastries 14. Gum 15. Sugar blocks 16. Extracts of the above-listed products.

(b) Products that have been modified by the addition of ingredients or by treatment to modify chemical composition, form, or to enhance its aroma or taste.

(3) Bait Quantity and Locations Restrictions (a) No more than five (5) gallons, or twenty-five (25) pounds, of bait may be distributed or available for consumption during any 24-hour period at a single bait site.

(b) On properties of five (5) acres or less, only one (1) bait site is allowed.

(c) On properties that are greater than five (5) acres, bait sites must be a minimum of 500 yards apart, with only one (1) bait site per five (5) acres.

(d) Spreader type feeders may contain more than five (5) gallons of bait; however, in no circumstance are open trough (i.e., open basin or open bin) style feeders allowed.

July, 2026 3 (e) Bait shall not be piled, but shall be scattered, thrown or spread such that the bait is distributed evenly across the ground.

(4) Scented sprays or aerosols and scent powders are not considered food products or bait.

History

• Authority: T.C.A. §§ 70-1-201, 70-1-206, 70-1-302, and 70-4-113.
• Administrative History: New rules filed April 23, 2026; effective July 22, 2026.

Tenn. Comp. R. & Regs. 1660-01-06-.03 OTHER CONDITIONS

(1) A hunter may not take any big game animal, other than white-tailed deer, when the hunter or the animal are within 250 yards of any bait or bait site.

(2) Feeding, baiting, and hunting over feed or bait is prohibited within the CWD Management Zone (as outlined in Rule 1660-01-34) and will be prohibited in any additional county that has a positive CWD detection. TWRA maintains a list of CWD-positive counties on its web site.

(3) In accordance with Tennessee Fish and Wildlife Commission Proclamation 24-15, there is no placement of bait within the proclaimed No Feeding Zone in Gatlinburg.

(4) Hunting over bait is prohibited on private inholdings which are bound on all sides by Wildlife Management Area or Public Hunting Area property.

(5) Big Game Depredation permits will not be authorized for wildlife damage occurring to feeders and/or bait sites.

(6) The Agency may, without refund, suspend the use of a Deer Bait Privilege License to prevent the spread of diseases among wildlife or in the event the presence of bait is creating a public safety concern by concentrating and/or habituating wildlife. Such suspension will be announced in a news release.

History

• Authority: T.C.A. §§ 70-1-201, 70-1-206, 70-1-302, and 70-4-113.
• Administrative History: New rules filed April 23, 2026; effective July 22, 2026.

Chapter 1660-01-07 Repealed

Tenn. Comp. R. & Regs. 1660-01-07 Repealed

RULES

OF TENNESSEE WILDLIFE RESOURCES AGENCY

WILDLIFE RESOURCES

Chapter 1660-01-08 Rules and Regulations Governing Hunts

Tenn. Comp. R. & Regs. 1660-01-08-.01 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed June 8, 1977, effective July 8, 1977.

Tenn. Comp. R. & Regs. 1660-01-08-.02 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed June 8, 1977, effective July 8, 1977.

Tenn. Comp. R. & Regs. 1660-01-08-.03 PERMIT REQUIREMENTS - WILDLIFE MANAGEMENT AREAS, REFUGES AND

OTHER AGENCY CONTROLLED LANDS.

(1) Permits (On Wildlife Management Areas and Refuges Where Permits Are Required).

(a) Before any person may hunt on a wildlife management area or refuge he must possess a valid and appropriate area hunt permit as specified in Items (2) and (3) below, except when exempt from doing so under the provisions of Item (1)(b) below. Such permits are not transferable.

(b) Hunt applicants or participants must be seventeen (17) years of age or over for hunting turkey, deer, bear and wild hog except that youths, ages 6-16, may apply and participate if they are accompanied on the hunt by an adult, twenty-one (21) years of age or older. Youths under sixteen (16) years of age are exempt from purchasing an area hunt permit on all wildlife management areas and refuges when hunting any species except big game, but they must be accompanied on the hunt by an adult who possesses a valid hunt permit.

(c) A management area hunt permit is automatically voided when the permittee’s bag limit is filled.

(2) Reelfoot Preservation Permit.

(a) Before any person shall hunt, trap fish or participate in boating upon the waters or lands of Reelfoot Wildlife Management Area, including the washout and tailwaters downstream as marked, Black Bayou Refuge, and that portion of the Reelfoot National Wildlife Refuge in Tennessee, a Reelfoot Preservation Permit shall be carried on the person of said users when participating in the above mentioned activities for inspection by duly authorized officers.

(b) Exemptions - Persons exempt from the Reelfoot Preservation Permit requirement are those under sixteen (16) years of age, residents sixty-five (65) years of age or older, and holders of the adult Sportsman License or Lifetime Sportsman License.

(3) Before any person, except those under sixteen (16) years of age hunting small game and waterfowl, may hunt on a wildlife management area or refuge, he must possess a permit as outlined below.

(a) A WMA Small Game permit is required on the following wildlife management areas and refuges:

AEDC Foothills Normandy Alpine Mountain Forks of the River North Chickamauga Creek Arnold Hollow Fort Ridge North Cumberland Bark Camp Barrens Gray’s Creek Oak Ridge Barkley Haley-Jaqueth Obion River Bean Switch Refuge Happy Hollow Old Hickory Bear Hollow Mountain Harmon Creek Old Hickory Lock 5 Refuge Beason Creek Harp Owl Hollow Mill Beaver Dam Creek Harts Mill Paint Rock Beech River Haynes Bottom Parker Branch Big Sandy (including Gin Creek) Headwaters Pea Ridge Blackburn Fork Henderson Island Refuge Percy Priest Bogota Hick Hill Perry Switch Bridgestone/Firestone Centennial Wilderness Hickory Flat Perryville Hiwassee Refuge Prentice Cooper Browntown Hop-In Refuge Rankin Buffalo Ridge Refuge Horns Bluff Refuge Shelton Ferry Buffalo Springs Jackson Swamp Skinner Mountain Camden Jarrell Switch Refuge South Fork Refuge Catoosa John Tully Spring Creek Cedar Hill Swamp Keyes-Harrison Tellico Lake Chambers Creek Kingston Refuge Thorny Cypress Charlotte Ann Finnell Neal Kyker Bottoms Refuge Tie Camp Cheatham Kyles Ford Tigrett Cheatham Lake Laurel Hill The Boils Chickamauga Lick Creek Three Rivers Chuck Swan Lick Creek Bottoms Tull Bottom Col. Forrest V. Durand Luper Mountain Tumbleweed Cordell Hull Maness Swamp Refuge Watts Bar Cordell Hull Refuge Maple Springs West Sandy Cove Creek McGlothin-Largin White Lake Refuge C. M. Gooch Meeman-Shelby Forest White Oak Cummings Cove Mingo Swamp Williamsport Cypress Pond Refuge Moss Island Wolf River Dry Creek Mount Roosevelt Woods Reservoir Refuge Eagle Creek MTSU Yanahli Eagle Lake Refuge Natchez Trace Yuchi Refuge Ernest Rice Sr. New Hope Flintville Hatchery Nolichucky A WMA small game permit is required for individuals participating in dog training. A field trial permit is required on Percy Priest WMA, Tellico Lake WMA and Wolf River WMA.

(b) A WMA Small Game and Waterfowl permit is required for hunting waterfowl on the following wildlife management areas and refuges:

AEDC Happy Hollow Obion River Barkley Harmon Creek Old Hickory Bean Switch Refuge Harts Mill Parker Branch Beason Creek Haynes Bottom Percy Priest Beech River Headwaters Perry Switch Big Sandy (including Gin Creek) Hiwassee Refuge Shelton Ferry Bogota Horns Bluff Refuge South Fork Refuge C.M. Gooch Jackson Swamp Spring Creek Camden Jarrell Switch Refuge The Boils Cedar Hill Swamp John Tully Thorny Cypress Chambers Creek Moss Island Three Rivers Charlotte Ann Finnell Neal Lick Creek Tigrett Cheatham Lake Lick Creek Bottoms Tumbleweed Chickamauga McGlothin-Largin Tull Bottom Col. Forrest V. Durand Meeman-Shelby Forest Watts Bar Cordell Hull Mingo Swamp West Sandy Cordell Hull Refuge Moss Island White Oak Cypress Pond Refuge New Hope Wolf River Eagle Lake Refuge Nolichucky Yanahli Ernest Rice Sr. North Chickamauga Creek Yuchi Refuge Fort Ridge Paint Rock Gray's Creek Oak Ridge (c) A WMA big game permit is required for hunting deer, bear, and turkey on the following wildlife management areas and refuges:

AEDC Ernest Rice Sr. McGlothin-Largin Alpine Mountain Fall Creek Falls State Park Nolichucky Arnold Hollow Flintville Hatchery Normandy Bark Camp Barrens Foothills North Chickamauga Creek Barkley Forks of the River North Cumberland Beason Creek Fort Ridge Oak Ridge Bean Switch Refuge Gallatin Steam Plant Obion River Bear Hollow Mountain Gray’s Creek Old Hickory Beaver Dam Creek Haley-Jaqueth Old Hickory Lock 5 Refuge Beech River Happy Hollow Owl Hollow Mill Big Sandy (including Gin Creek) Harmon Creek Paint Rock Bogota Harp Parker Branch Blackburn Fork Harts Mill Pea Ridge Bridgestone/Firestone Centennial Wilderness Haynes Bottom Percy Priest Headwaters Perry Switch Browntown Henderson Island Refuge Perryville Buffalo Ridge Refuge Hick Hill Prentice Cooper Buffalo Springs Hickory Flat President’s Island C. M. Gooch Hiwassee Refuge Rankin Camden Hop-In Refuge Shelton Ferry Catoosa Horns Bluff Refuge Skinner Mountain Cedar Hill Swamp Jackson Swamp South Fork Refuge Chambers Creek Jarrell Switch Refuge Spring Creek Charlotte Ann Finnell Neal John Tully Tellico Lake Cheatham Keyes-Harrison The Boils Cheatham Lake Kingston Refuge Thorny Cypress Cherokee Kyles Ford Three Rivers Chickamauga Laurel Hill Tie Camp WMA Chuck Swan Lick Creek Tigrett Col. Forrest V. Durand Lick Creek Bottoms Tumbleweed Cordell Hull Luper Mountain Tull Bottom Cordell Hull Refuge Maness Swamp Refuge Watts Bar Cove Creek Maple Springs West Sandy Cummings Cove Meeman-Shelby Forest White Lake Refuge Cypress Pond Refuge Mingo Swamp White Oak Dry Creek Moss Island Williamsport Eagle Creek Mount Roosevelt Wolf River Eagle Lake Refuge MTSU Woods Reservoir Refuge Edgar Evins State Park Natchez Trace Yanahli Enterprise South Park New Hope Yuchi Refuge (d) A WMA Small Game or WMA Small Game and Waterfowl permit is required to trap on all areas that require a small game hunting permit.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-4-107, and 70-5-101.
• Administrative History: Original rule certified May 8, 1974. Amendment filed July 18, 1974; effective August 18, 1974. Amendment filed December 23, 1974; effective January 23, 1975. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed October 8, 1975; effective November 7, 1975. Amendment filed July 19, 1976; effective August 18, 1976. Amendment filed October 22, 1976; effective November 22, 1976. Amendment filed June 8, 1977; effective July 8, 1977. Amendment filed March 2, 1978; effective April 1, 1978. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed May 17, 1979; effective July 2, 1979. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed January 24, 1984; effective February 23, 1984. Amendment filed June 27, 1985; effective July 27, 1985. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed July 25, 1986; effective September 8, 1986. Amendment filed July 8, 1987; effective August 22, 1987. Amendment filed April 20, 1988; effective June 4, 1988. Amendment filed October 26, 1988; effective December 10, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed November 6, 1991; effective December 21, 1991. Amendment filed December 14, 1992; effective January 19, 1993. Amendment filed September 26, 1996; effective December 10, 1996. Amendments filed August 16, 1999; effective October 30, 1999. Amendment filed July 1, 2000; effective September 23, 2000. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed April 23, 2003; effective July 7, 2003. Amendment filed July 29, 2004; effective October 12, 2004. Amendment filed July 12, 2005; effective September 25, 2005. Amendments filed October 25, 2005; effective January 8, 2006. Amendment filed June 22, 2006; effective September 5, 2006. Amendment filed September 29, 2006; effective December 13, 2006. Amendment filed June 25, 2008; effective September 8, 2008. Repeal and new rule filed April 4, 2012; effective July 3, 2012. Amendments filed December 9, 2014; effective March 9, 2015. Amendments filed March 16, 2017; effective June 14, 2017.

Tenn. Comp. R. & Regs. 1660-01-08-.04 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule certified May 9, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed July 19, 1976; effective August 18, 1976. Amendment filed November 4, 1976; effective December 4, 1976. Amendment filed June 8, 1977; effective July 8, 1977. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed May 27, 1983; effective June 27, 1983. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 27, 1985; effective July 27, 1985. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed July 25, 1986; effective September 8, 1986. Amendment filed June 9, 1990; effective July 22, 1990. Amendment filed August 1, 1990; effective September 15, 1990. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed April 29, 1996; effective July 13, 1996. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-08-.05 PERMIT APPLICATIONS AND DRAWINGS

(1) Quota Big Game Hunt Drawings (a) Each individual desiring to participate in a managed quota deer, bear, or turkey hunt, must apply only at locations and during periods as designated by the Tennessee Wildlife Resources Agency (TWRA), except as indicated in subparagraphs (i), (j), and (k) below.

(b) Applicants may submit only one application, except youths six (6) through sixteen (16) years of age may apply for one additional young sportsman hunt on management areas. If an individual’s name (except youths applying for one additional young sportsman hunt as noted above) appears on more than one application, that individual will be rejected, the individual’s permit fee forfeited, and the individual will be subject to prosecution.

(c) For quota big game hunts on wildlife management areas (WMAs), applicants must be at least six (6) years of age prior to the date of the hunt.

(d) All information requested on the application must be completed by the applicant.

Failure to clearly specify all information will result in an invalid application.

(e) Applications must be received by the TWRA as specified on the application.

Applications cannot be accepted after the deadline.

(f) Persons may apply as an individual or with up to 14 other individuals as a “party.”

Specific instructions to apply as a party will be available on the TWRA’s website and available on the Quota Hunt Instruction Sheet, available at license vendors.

(g) Each application must be accompanied by a non-refundable handling fee for each applicant, except Sportsman License holders, Lifetime Sportsman License holders and persons possessing an Annual Senior Citizen Sportsman License.

(h) Priority drawings and procedures for qualifying with priority status will be established as indicated on applications.

(i) A drawing will be held to determine successful applicants. If unfilled hunt quotas exist after the regular drawing a vacancy drawing or drawings will be held to fill those vacancies. Successful and unsuccessful applicants will be notified by mail.

(j) When vacancies exist following the drawing(s), quotas will be filled by issuing permits to any applicant, on a first-come, first-served basis at locations designated by the TWRA. Permits are not transferable. An individual may obtain only one (1) leftover permit per person and may obtain leftover permits for other individuals (limit of one leftover permit per person) if they provide the required information for individuals they are representing.

(k) Land Between the Lakes quota hunt drawings – Individuals desiring to participate in a quota hunt on Land Between the Lakes must submit an application as instructed by the USDA Forest Service.

(2) Allocation procedures for waterfowl hunting locations not allocated by quota, computerized procedures.

(a) Waterfowl hunting locations not allocated through a computerized quota procedure, as set forth in paragraph (3) below, will be allocated pursuant to procedures established by the TWRA.

(b) Site 22 on Woods Reservoir of A.E.D.C. WMA will not be allocated by any procedure.

Site 22 is held by the TWRA and reserved for Arnold Air Force Base personnel pursuant to a wildlife management agreement between the TWRA and Arnold Air Force Base.

(c) No person shall buy, sell, barter, loan or transfer under any theory of law, or offer to buy, sell, barter, loan or transfer under any theory of law, a waterfowl draw blind site permit or the privilege of signing on a waterfowl draw blind site permit issued pursuant to this rule. Any person violating this rule and regulation is subject to have his/her permit and/or hunting privileges revoked in addition to other penalties as prescribed by law.

(3) Waterfowl quota hunt computer drawing and allocation procedures (a) Permits will be issued via a computerized quota drawing for designated waterfowl hunt locations on WMAs chosen by the TWRA. Any designated waterfowl hunt locations deemed huntable after the end of the quota application period or locations that become available after the drawing has occurred will be issued pursuant to subparagraph (h) below.

(b) Applications to participate in a quota waterfowl hunt must be made at times specified and as per instructions supplied by the TWRA. All applications for a quota waterfowl hunt must be submitted with a party size of no less than four (4) applicants but no more than eight (8) applicants.

1. Applicants for Tier 1 waterfowl hunt locations must hold all required resident state and federal licenses and permits for hunting waterfowl at the time of entry, except that an individual is not required to have a valid migratory bird hunting and conservation stamp as described in 16 U.S.C. § 718 et seq. at the time of entry for the drawing.

2. Applicants for all other quota waterfowl hunts, at the time of entry, must possess the appropriate state and federal licenses and permits for hunting waterfowl, except that an applicant is not required to have a valid migratory bird hunting and conservation stamp as described in 16 U.S.C. § 718 et seq., or must pay a nonrefundable handling fee.

(c) A person may only be a party member to one application. If a person is a party member to more than one application, the applications will be rejected.

(d) Only applicants sixteen (16) years of age or older on or before the day of the hunt may apply; however, at least one adult, of at least eighteen (18) years of age, must accompany any youth under sixteen (16) years of age in the hunt party. Youths six to fifteen (6-15) years of age may apply for youth-only waterfowl hunts. If successful, the youth party must be accompanied by at least one non-hunting adult at least eighteen (18) years of age. Party may not exceed eight (8) youths.

(e) All information requested at the time of application must be completed; failure to provide all information will result in the application being rejected.

(f) Any successful applicant or successful party member may bring seven (7) additional hunters to the hunt. However, the number of hunters may not exceed eight (8) hunters at any time during the hunt, one of which must be a successful applicant. The eight (8) person maximum party size limit does not apply to those drawn for Lick Creek Bottoms WMA, pursuant to paragraph (2) above, for which the hunt party size may not exceed four (4) hunters.

(g) Successful applicants must return a “notice of intention” to the TWRA by the deadline established by the TWRA. The notice of intention must indicate whether the successful applicant does or does not intend to hunt during the applicable quota hunt period. A confirmation number will be issued to the applicant.

(h) Successful applicants that fail to return the notice of intention to the TWRA prior to the established deadline will forfeit their permit and the permit will be allocated as a leftover permit. Any notice of intention returned to the TWRA indicating the successful applicant does not intend to hunt during the applicable quota hunt period will result in the quota permit being allocated as a leftover permit. Only members of a party that return a notice of intention will receive a permit for the waterfowl hunt location. If all members of a party fail to return a notice of intention, the waterfowl hunt location will be allocated as a leftover permit. Any leftover permits will be allocated by a drawing at a time and location specified and as per instructions supplied by the TWRA. Any license holder may enter for a leftover drawing, but any applicant drawn must be present at the prescribed time and location to claim the permit.

(i) Successful applicants must complete and submit a Post-season Waterfowl Quota Hunt Report to the TWRA by the deadline established by the TWRA. The TWRA must receive the Post-season Waterfowl Quota Hunt Report by the deadline, even if the permit holder did not participate in the hunt. Failure to submit a completed report by the deadline will disqualify the permit holder from entering into the following season’s drawing.

(j) Successful applicants and the additional hunters in the party must also possess appropriate licenses and permits in order to participate in the hunts.

(k) Individuals holding a permit for a permanent registered blind site on Reelfoot WMA or West Sandy WMA are prohibited from applying, as an individual or in a party, for any waterfowl quota permit. Any permanent registered blind site holder applying, as an individual or in a party, for a Tier 1 Location, Tier 2 Location, or Tier 3 Location quota permit will have the individual’s application denied and any associated handling fee will be forfeited.

(l) Successful applicants drawn for a Tier 1 Location are prohibited from applying for a Tier 2 or Tier 3 Location quota permit. Any Tier 1 Location permit holder applying for a Tier 2 Location or Tier 3 Location quota permit will have the individual’s application denied and any associated handling fee will be forfeited.

(m) No person shall buy, sell, barter, loan or transfer under any theory of law, or offer to buy, sell, barter, loan or transfer under any theory of law, a permit for a designated waterfowl hunt location or the privilege of signing on to a designated waterfowl hunt location permit issued pursuant to this rule. Any person violating this rule and

regulation is subject to have his/her permit and/or hunting privileges revoked in addition to other penalties as prescribed by law.

(n) Priority drawings and procedures for qualifying with priority status will be established by the TWRA.

(4) Cherokee Special Hunts (Cherokee WMA in Designated Areas).

(a) Cherokee special hunts consist of Party Dog Hunts.

(b) No person may apply on more than one application. If two or more applications are received representing one individual, all applications of that individual will be rejected, the permit fee forfeited, and will be subject to prosecution. Applications must be postmarked no later than the date specified. Persons applying for party hunts may also apply for quota big game hunts subject to rules found in paragraph (1). Quota big game hunt applicants may also apply for party hunts. Persons are limited to one party hunt vacancy permit per hunt year.

(c) The party application shall contain a minimum of fifty (50) members and a maximum of seventy-five (75). All information requested on the application must be completed for all party applicants. Each applicant must submit the applicable permit fee. All individuals without appropriate licenses/fees will be deleted from the party. Non-residents may purchase the appropriate license after arrival in Tennessee. If the number of valid applicants on a single application falls below the minimum of fifty (50), the entire party will be deleted from the drawing.

(d) A drawing will be held to determine the successful party applicants, hunt areas, and hunt dates. The first drawn and in subsequent order will be given their choice of the compartment and hunt date as specified on their application. Vacant hunts remaining after the drawing will not be issued and the area will be closed to big game hunting during that specific hunt.

(e) The party leader may request no substitutions for members of the party who cannot appear and may request vacancy permits providing the number does not increase the party beyond seventy-five (75) members. The party leader shall send all the hunter information requested on the vacancy application and the applicable fees for each permit requested. No blank permits will be issued. The deadline for requesting vacancy permits shall be fourteen (14) days prior to the hunt date.

(5) WMA Quota Hunts First-Come, First-Served Permits (a) WMAs with specific compartments, as identified in proclamation, will have permits allocated through designated locations as authorized by the Tennessee Fish and Wildlife Commission.

(b) Permits will be issued on a first-come, first-served basis until all permits have been issued.

(c) No individual license holder may obtain more than one (1) permit per hunt.

(6) Elk Hunt Quota Permits (a) Each individual desiring to participate in a quota elk hunt must submit an application at times specified and as per instructions supplied by the TWRA.

(b) Applicants may apply only once per year. If more than one application is received per hunter, that individual will be rejected, the individual’s fee forfeited, and the individual will be subject to prosecution.

(c) A youth hunter at least sixteen (16) years of age, on or before the day of the hunt, may apply; however, the youth hunter must be accompanied by one non-hunting adult at least twenty-one (21) years of age or older who must remain in position to take immediate control of the firearm.

(d) Only one (1) person may apply per application.

(e) All information requested at the time of application must be completed; provided, failure to specify all information will result in the application being rejected.

(f) Each application must be accompanied by a non-refundable handling fee for each applicant, except Sportsman License holders, Lifetime Sportsman License holders and persons possessing an Annual Senior Citizen Sportsman License.

(g) Successful applicants must also possess appropriate licenses and permits in order to participate in the hunts.

(h) Successful applicants will not be allowed to re-apply for an elk hunt quota permit for a period of ten (10) years following a successful draw.

(i) Priority drawings and procedures for qualifying with priority status will be established as indicated by the TWRA.

(j) A computer drawing will be held to determine successful applicants.

(k) Successful applicants may be subject to hunting in specialized elk zones as designated by the TWRA.

(l) Non-resident applicants will be restricted to no greater than twenty-five (25) percent of the drawn permits.

(7) Issuance of miscellaneous quota permits not governed by existing regulations.

(a) Special hunts which require handheld drawings may be identified by means of annual Proclamation. Times, dates, and locations of these drawings will also be identified.

(b) All information requested on the application must be completed by the applicant.

(c) If an individual’s name appears on more than one application, that individual will be rejected.

(d) A random drawing will be utilized to determine successful applicants.

(e) Applications will be drawn in order to establish priorities for choice of designated waterfowl hunt locations. All participants wishing to sign on with a successful applicant must do so when the successful applicant chooses the designated waterfowl hunt location. An individual’s application for designated waterfowl hunt location selection is immediately voided when the individual signs on with another successful applicant. All individuals wishing to sign on must possess the necessary licenses and permits indicated in subparagraph (d). Individuals desiring to sign on must be present.

(8) Sandhill Crane Quota Permit Allocation Procedures.

(a) Permits will be issued by handheld drawing(s) and/or by a computer drawing to determine successful applicants.

(b) Each individual desiring to participate in a quota permit drawing must submit an application during the application period specified and per the instructions supplied by the TWRA.

(c) Applicants may submit one application per drawing. If more than one application is received per hunter, that individual’s applications will be rejected. Successful applicants in one drawing are not eligible to participate in additional drawings. Each applicant must be at least thirteen (13) years of age to participate in the drawing.

(d) All information requested at the time of application must be completed; failure to provide all information will result in the application being rejected.

(e) If a handheld drawing is conducted, a current Hunting & Fishing license and Waterfowl license (or equivalents) are required to apply. If a computerized drawing is conducted, each application must be accompanied by a non-refundable handling fee, except Sportsman License holders, Lifetime Sportsman License holders and persons possessing an Annual Senior Citizen Sportsman License.

(f) If a computerized drawing is conducted, priority drawings and procedures for qualifying with priority status will be established as indicated on the application.

(g) When permits remain following a handheld drawing, the remaining permits will be added to a computerized drawing. When permits remain following a computerized drawing, leftover permits will be available on a first-come, first-served basis on the TWRA’s website.

(h) Successful applicants must possess appropriate licenses and permits in order to participate in the hunt(s).

(i) Successful applicants are required to pass a bird identification test before their permit is issued; specific requirements will be outlined by the TWRA.

(j) Each Sandhill Crane Quota Permit holder is required to complete and submit a Sandhill Crane Post-season Hunt Report by the deadline established by the TWRA. The TWRA must receive the Sandhill Crane Post-season Hunt Report by the deadline, even if the permit holder did not participate in the hunt. Failure to submit a completed report by the deadline will disqualify the permit holder from entering the following season’s drawing.

History

• Authority: T. C.A. §§ 70-1-206, 70-2-219, 70-4-107, and 70-5-101.
• Administrative History: Original rule filed July 19, 1976; effective August 18, 1976. Amendment filed June 8, 1977; effective July 8, 1977. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed May 17, 1979; effective July 2, 1979. Amendment filed August 28, 1979; effective October 12, 1979. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed February 6, 1981; effective March 23, 1981. Amendment filed August 12, 1982; effective August 31, 1982. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 27, 1985; effective July 27, 1985. Amendment filed June 9, 1986; effective July 9, 1986. Amendment filed April 22, 1988; effective June 6, 1988. Amendment filed September 1, 1988; effective October 16, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed June 11, 1992; effective July 26, 1992. Amendment filed February 12, 1996; effective April 27, 1996. Amendment filed July 26, 1996; effective October 7, 1996. Amendment filed September 26, 1996; effective December 10, 1996. Amendment filed March 4, 1998; effective May 18, 1998. Amendment filed May 20, 1998; effective August 3, 1998. Amendments filed September 17, 1998; effective December 1, 1998. Amendment filed July 13, 1999; effective September 26, 1999. Amendment filed May 19, 2000; effective August 2, 2000. Amendment filed October 2, 2000; effective December 16, 2000. Amendment filed December 1, 2000; effective February 14, 2001. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed April 23, 2003; effective July 7, 2003. Amendments filed July 12, 2005; effective September 25, 2005. Amendments filed October 25, 2005; effective January 8, 2006. Amendment filed June 20, 2006; effective September 3, 2006. Amendment filed September 29, 2006; effective December 13, 2006. Amendment filed June 26, 2007; effective September 9, 2007. Amendment filed May 5, 2008; withdrawn June 5, 2008. Amendment filed June 11, 2008; effective August 25, 2008. Amendments filed January 5, 2009; effective March 21, 2009. Amendment filed April 1, 2009; effective June 15, 2009. Amendment filed June 16, 2010; effective September 14, 2010. Amendments filed November 17, 2010; effective February 15, 2011. Amendments filed April 4, 2012; effective July 3, 2012. Amendments filed December 9, 2014; effective March 9, 2015. Amendments filed March 16, 2017; effective June 14, 2017. Emergency rule filed July 1, 2020; effective through December 28, 2020. Emergency rule expired effective December 29, 2020, and the rule reverted to its previous status. Amendments filed May 4, 2021; effective August 2, 2021. Amendments filed April 6, 2022; effective July 5, 2022.

Tenn. Comp. R. & Regs. 1660-01-08-.06 REPEALED

History

• Authority: T.C.A. §§ 70-1-206, 70-5-101, and 70-5-108.
• Administrative History: Original rule filed May 28, 1983; effective June 27, 1983. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed June 11, 1992; effective July 26, 1992. Amendment filed May 19, 2000; effective August 2, 2000. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-08-.07 SPECIAL HUNTS PROVIDED BY CHARITABLE ORGANIZATIONS

The Executive Director may allow for hunting devices proclaimed for a specific season to be substituted by a different device in order to accommodate hunters 18 years of age and under who are diagnosed with a life threatening illness and who are being provided with a hunt from a charitable organization. Such organization must be properly incorporated and approved by the Internal Revenue Service as organizations that are exempt from federal income tax under § 501(a) of the Internal Revenue Code, codified in 26 U.S.C. § 501(a), by virtue of being organizations described in § 501(c)(3) of the Internal Revenue Code, codified in 26 U.S.C. § 501(c)(3). Such organizations must make requests to the Executive Director in writing prior to any requested hunt, and the individual in question must be 18 years of age or younger and diagnosed with a medically certified life threatening illness. All other laws, regulations and proclamations pertaining to hunting will remain in effect. The individual will be required to have all requisite licenses and permits. No requests for elk hunts will be allowed pursuant to this part.

History

• Authority: §§ 70-1-206 and 70-1-304.
• Administrative History: Original rule filed October 5, 2012; effective January 3, 2012.

Chapter 1660-01-09 Repealed

Tenn. Comp. R. & Regs. 1660-01-09 Repealed

RULES

OF TENNESSEE WILDLIFE RESOURCES AGENCY

WILDLIFE RESOURCES

Chapter 1660-01-10 Rules and Regulations Governing Business of Taxidermy

Tenn. Comp. R. & Regs. 1660-01-10-.01 RECORDS

(1) All taxidermists are required to maintain complete and accurate records on TWRA taxidermy forms on all birds, animals and/or fish, or parts thereof, they receive. All Taxidermy forms shall be completed, maintained and stored in accordance with the TWRA Taxidermy Form Instruction sheet located on the TWRA web site. The records shall include:

(a) The species of bird, animal and/or fish mounted.

(b) The complete name and address of the person from whom received.

(c) The complete name and address of the person who killed or took the species (if different from the first).

(d) The date killed or taken.

(e) The state, county, and/or country where taken.

(f) The TWRA Identification Number and the confirmation number from a completed check-in for all big game animals taken in Tennessee and submitted for mounting.

(g) The service fee for the preparation of the animal.

(h) The record shall reflect if the animal came from a shooting preserve, road kill, salvage, or other.

(2) All records as prescribed in paragraph (1) above shall be maintained on the Taxidermy Accountability Form and shall be held at the taxidermist’s place of business. They shall be open to inspection by any duly constituted officer of the Wildlife Resources Agency at all reasonable times. Said records must be maintained for a period of three (3) years.

(3) All Taxidermy Accountability Forms and the Log of Taxidermy Accountability Forms shall be kept, maintained and secured together, in one location, and in sequential order. The Log of Taxidermy Accountability Forms shall consist of the following:

(a) Complete Name (b) Control Number 1. Control numbers shall begin with the current year followed by consecutive numbering beginning with the number one (1).

2. Control numbers shall be affixed to all trophies and their parts while in possession of the taxidermist.

(4) All records shall be recorded in non-erasable ink.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-215.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 23, 2014; effective September 21, 2014. Amendments filed September 7, 2023; effective December 6, 2023.

Tenn. Comp. R. & Regs. 1660-01-10-.02 GENERAL

(1) Any person, before engaging in the practice of taxidermy, which includes the stuffing, mounting, and preparing of the skins of wild birds, animals, and fish for sale or for hire, must first obtain a permit to do so from the executive director.

(2) All species must be held in compliance with Federal regulations applicable thereto.

(3) Upon receiving specimens or trophies, the taxidermist will issue a receipt to the owner describing the specimens or trophies left and stating the maximum time to prepare specimens or trophies and service fee. The taxidermist shall complete the TWRA Taxidermy Accountability Form and the Log of Taxidermy Accountability Forms immediately upon the receipt of the trophy. Taxidermist may dispose of unclaimed trophies for no more than the service fee minus any deposit fees collected. Disposition of all unclaimed trophies shall be recorded on the Accountability Form. No parts or whole trophies of bears may be disposed of to recoup service fees.

(4) Failure to comply with the reporting requirements of this rule shall result in the denial of renewal for an existing permit, or denial of a new permit.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-215.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 23, 2014; effective September 21, 2014.

Chapter 1660-01-11 Rules and Regulations Governing Shooting

Tenn. Comp. R. & Regs. 1660-01-11-.01 COMMERCIAL CONTROLLED SHOOTING GROUNDS, DYER COUNTY

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982.

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.

History

• 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. Amendments filed August 13, 2019; effective November 11, 2019.

Chapter 1660-01-12 Rules and Regulations Concerning Leasing of State-Owned Property at Reelfoot Lake

Tenn. Comp. R. & Regs. 1660-01-12-.01 LEASING OR PERMITTING STATE-OWNED PROPERTY AT REELFOOT LAKE

(1)The Executive Director of the Wildlife Resources Agency is authorized to permit the construction, maintenance and operation of facilities on lands under the jurisdiction of the Agency deemed necessary for the best utilization of Reelfoot Lake in the public interest, such facilities or developments to include, but not limited to, boat docks, fishing piers, camp sites, trailer camps, picnic areas, hotels, motels, restaurants, fish markets and other retail stores.

(2)The Executive Director is authorized to grant leases of lands for a period of twenty (20) years or less upon terms hereinafter described and for such purposes he may deem reasonable in the public interest.

The said leases may contain a provision giving the leasee the option of renewing the said lease upon the terms hereinafter described and conditions and for the same term.

(3)The leaseholds may be sold provided that the same has been approved by the Executive Director, the Governor and Attorney General, but a sale made without their approval shall be void.

(4)The Executive Director shall approve the plans and specifications prior to the construction of any facility or improvement on state lands at Reelfoot Lake under the jurisdiction of the Agency and such authorization shall be evidenced by written supplements to said leases. A performance bond will be posted with the Director prior to the construction of any commercial structure. The bond shall be returned to the lessee upon satisfaction of the terms and specifications of the lease. The total value of the bond shall be forfeited to the Agency, if the terms of the lease are not satisfied.

(5)The Executive Director is authorized to move any person or persons, at any time from any of the islands, or other lands on Reelfoot Lake belonging to the State who fail to observe the laws, rules and regulations governing the islands or waters of the lake or who violates any of the provisions of any agreement or lease entered into with the Executive Director.

(6)The Executive Director is authorized to grant leases or use permits for use of the lake shore frontage, lake surface rights, and land under jurisdiction of the Agency at Reelfoot Lake under the following conditions:

(a)Leases of land shall be granted for lake shore frontage and for land under the jurisdiction of the Agency in accordance with the requirements of applicable law.

(b)Excavating chutes, inlets, or ditches from the lake proper across the State line or into State land is prohibited except when specifically authorized by the Executive Director. Such excavation or digging will only be authorized in the term of a lease or an amendment to a lease by the party requesting authority to accomplish such excavation. Waters contained or impounded in that portion of such chutes or excavations lying within the State property line will be considered as an extension of the lake and structures built thereon or over same will be considered as being built over or upon the surface of the lake.

(c)Leases, permits or authority for excavations or structures will not be granted where same will deny access by the general public to State lands or shore lines not under lease to private individuals, or will deny access to other leaseholds, other permitted structures or other structures not requiring permit.

(d)On or after January 1, 1989, permits shall be obtained for all facilities or structures, or portions thereof, located on or over Reelfoot Lake waters in which the State possesses a legal interest or has legal control whether said facilities or structures are attached to the land under the water, or not, under the following conditions: 1.For facilities or structures in existence on January 1, 1989, and under lease, a permit shall be obtained upon expiration of the lease; and, 2.For facilities or structures to be constructed on or after January 1, 1989, the permit shall be obtained prior to construction.

Multiple facilities and structures shall be permitted as a unit for each lessee or landowner for use in connection with the land leased or owned; that is, in the event a lessee or landowner has more than one facility or structure for use in connection with the land leased or owned, only one permit will be required which will include all facilities and structures as a unit. Approval of additional facilities and structures will be required and will be incorporated into the existing permit.

Permits shall not be required for facilities or structures located entirely on or over privately owned lands where the lands are normally covered with water. The maximum width of docks or piers shall not exceed ten feet unless authorized by the executive director.

(e)Applications for permits shall be made on forms approved by the executive director. Applicants shall agree to and shall meet and abide by the terms and conditions as contained in the application prior to approval and issuance of the permit. Submission of the application shall be accompanied by an annual fee. The annual fee for structures and facilities used for commercial purposes or in connection with commercial enterprises shall be $50.00. The annual fee for structures or facilities used in connection with non-commercial holdings shall be $20.00. Noncommercial holdings are those holdings where the major use of the adjoining private property is residential. In the event the private property owner, his lessee, assign, employee, agent or person in charge is engaged in a business or activity on the property for which he is assessed a commercial property tax as reflected on the rolls of the assessor of property for the appropriate county on the issuance or anniversary date of the permit, then the major use of the property shall be considered commercial for permit purposes.

(f)The executive director shall issue a permit upon approval of the application. Permits shall expire one year from the date of issuance of same.

(g)Permits may be renewed by written request to the executive director accompanied by the annual fee.

(7)The payment of fees charged for facilities leased or permitted at Reelfoot Lake shall be payable on the anniversary date of the lease or permit. Fees not paid within 30 days after the anniversary date of the lease or permit will result in the cancellation of the lease or permit. The Executive Director shall be in receipt of the annual payment of the lease or permit on or before the effective date of the lease or permit.

(8)The following described lands shall not be subject to lease, permit or any use other than for hunting and fishing.

That portion of the Reelfoot Lake area known as the State Wildlife Management Area from Champey Pocket north to where the State fence intersects Bayou Du Chein. Those portions of land under jurisdiction of the Agency adjacent to the U. S. Fish and Wildlife Service Refuge and not under lease.

The purpose of excluding these lands is to preserve the natural character of Reelfoot Lake, prevent undue harassment to waterfowl and other wildlife and allow a great freedom for hunters to use the lake as a safety precaution.

(9)Any facility constructed by a leasee or permittee on state property at Reelfoot Lake becomes the property of the Agency upon expiration of the lease or permit or upon cancellation of the lease or permit for reasonable cause.

(10)The provisions of these rules and regulations shall be effective upon date of publication except that the terms of leases now in effect shall continue under their present terms until their date of expiration and at which time these rules and regulations become effective. Leases that have temporarily elapsed for administrative purposes may be renewed upon payment of the elapsed amount due and accruable to July 1, 1959, at the rates in effect at the time leases elapsed, thereafter to be renewed under the terms of these rules and regulations.

(11)Provisions for private or commercial buildings including attachments thereto either totally or partially located on State property under jurisdiction of the Agency at Reelfoot Lake not under lease-the owner of such structure, if the structure meets specifications, must lease the land on which he encroaches from his property line to the water’s edge under terms of Paragraph (6) preceding, or remove the structure from said state property.

(12)No lease or permit shall be granted for the purpose of mooring houseboats to the shores of Reelfoot Lake nor shall the anchoring of houseboats in the waters of Reelfoot Lake be permitted.

History

• Authority: T.C.A. §70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 10, 1984; effective June 9, 1984. Amendment filed February 20, 1986; effective March 22, 1986. Amendment filed October 26, 1988; effective December 10, 1988.

Chapter 1660-01-13 Repealed

Tenn. Comp. R. & Regs. 1660-01-13 Repealed

RULES

OF TENNESSEE WILDLIFE RESOURCES AGENCY

WILDLIFE RESOURCES

Authority: T.C.A. §§51-134 and 70-1-206. Administrative History: Original Rule certified May 8, 1974.

Amendment filed June 8, 1977; effective July 8, 1977. Repeal filed September 15, 1999; effective November 26, 1999.

Chapter 1660-01-14 Rules and Regulations for Refuges, Wildlife Management Areas, and Public Hunting Areas

Tenn. Comp. R. & Regs. 1660-01-14-.01 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed June 25, 1975; effective July 25, 1975.

Tenn. Comp. R. & Regs. 1660-01-14-.02 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed June 25, 1975; effective July 25, 1975.

Tenn. Comp. R. & Regs. 1660-01-14-.03 CATOOSA, CHEATHAM, CHUCK SWAN, FORKS OF THE RIVER, LAUREL HILL,

PEA RIDGE, PERCY PRIEST UNIT I AND PRENTICE COOPER WILDLIFE MANAGEMENT AREAS.

(1) Unauthorized entry or presence on Catoosa, Cheatham, Chuck Swan, Forks of the River, Laurel Hill, Pea Ridge, Percy Priest Unit I, and Prentice Cooper Wildlife Management Areas is prohibited during the following times and conditions:

(a) Between sunset and sunrise.

(b) When in the judgment of the Area Manager, weather conditions are such that travel over roads would result in undue damage to said roads.

(c) During such periods as the Wildlife Resources Agency, or other authorized agencies, may be conducting special projects, the nature of which is such that the presence of the general public would have a detrimental effect on such operations or when the nature of the operation may constitute a danger to the public.

(d) When fire hazards exist.

(2) Said area shall be temporarily posted when any of the conditions under (b), (c) and (d) exist.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-107, and 70-9-105.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed September 26, 1996; effective December 10, 1996. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed February 27, 2004; effective May 12, 2004. Amendment filed July 1, 2014; effective September 29, 2014. Amendments filed January 16, 2024; effective April 15, 2024.

Tenn. Comp. R. & Regs. 1660-01-14-.04 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 8, 1977; effective July 8, 1977. Amendment filed January 30, 1995; effective April 15, 1995. Repeal filed March 31, 2000; effective June 14, 2000.

Tenn. Comp. R. & Regs. 1660-01-14-.05 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 8, 1977; effective July 8, 1977. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-14-.06 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule certified May 8, 1974. Amendment filed October 29, 1974; effective November 29, 1974. Amendment filed July 2, 1979; effective August 16, 1979. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed January 30, 1995; effective April 15, 1995. Amendment filed July 14, 1999; September 27, 1999. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-14-.07 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982. Original rule filed April 16, 1993; effective May 31, 1993. Repeal filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-14-.08 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed July 19, 1976; effective August 18, 1976. Repeal filed June 8, 1977; effective July 8, 1977.

Tenn. Comp. R. & Regs. 1660-01-14-.09 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed June 8, 1977; effective July 8, 1977.

Tenn. Comp. R. & Regs. 1660-01-14-.10 STATE OPERATED WILDLIFE AND/OR WATERFOWL REFUGES

(1) The following regulations apply to wildlife and/or waterfowl refuges:

(a) The hunting, fishing, killing, taking and/or attempted taking of any species of wildlife is prohibited, except where specifically provided by proclamation.

(b) The discharging or firing of any type of weapon within, or into a refuge is prohibited, except during designated hunts.

(c) The concentrating, driving, rallying, or disturbance of waterfowl, cranes, and/or coots by means of the aid of water, land, or air conveyance or by any other means whatsoever is prohibited.

(d) Public use of refuge lands is permitted, except as otherwise prohibited by proclamation or rule. Public use is limited to activities of a temporary nature only.

(e) The construction of piers, boathouses, grills, or any other structure which is permanently affixed to the land or water is specifically prohibited on Hiwassee and Paint Rock Refuges.

(2) The following regulations apply to Amnicola Refuge and Nickajack Cave Refuge:

(a) Camping or loitering is prohibited.

(b) Fireworks are prohibited.

(c) Picnicking prohibited unless provided for at designated areas.

(d) Pets must be confined to leash or carrier.

(e) Entrance on and/or use of Amnicola Refuge shall be by written permission only, and only at such time specified in the written permit.

(f) The Executive Director of the Tennessee Wildlife Resources Agency or persons designated by him shall have sole authority to grant the permission described above.

(g) Persons desiring use of Amnicola Refuge must contact the TWRA Region 3 Office, 464 Industrial Blvd., Crossville, Tennessee 38555 at least 10 days prior to the date for which permission is desired in order to allow adequate time for processing the permit.

(h) Trespass by land or water for any use is prohibited on or in the Nickajack Cave Refuge except that use of the observation deck and access trail to the deck is permitted between April 1 and October 15, inclusive, and that fishing by sport fishing methods as set out by statute or proclamation is permitted as long as no vessel or person enters the refuge boundary.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-107, and 70-9-105.
• Administrative History: Original rule filed June 8, 1977; effective July 8, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 27, 1985; effective July 27, 1985. Amendment filed June 27, 1988; effective August 11, 1988. Amendment filed October 26, 1988; effective December 10, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed August 29, 1990; effective October 13, 1990. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed December 14, 1992; effective January 29, 1993. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed April 4, 1994; effective June 18, 1994. Amendment filed September 26, 1996; effective December 10, 1996. Amendment filed September 30, 1997; effective December 13, 1997. Amendment filed July 19, 2001; effective October 2, 2001. Amendment filed July 1, 2014; effective September 29, 2014. Amendments filed September 28, 2016; effective December 27, 2016. Amendments filed January 16, 2024; effective April 15, 2024.

Tenn. Comp. R. & Regs. 1660-01-14-.11 TELLICO LAKE WILDLIFE MANAGEMENT AREA AND REFUGE

(1) Artifact Hunting.

(a) No person shall disturb or remove any artifact from the area without specific authorization.

(b) Digging, probing sub-surface or the use of under water snorkeling or scuba techniques to identify artifact areas is prohibited without specific authorization.

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule filed February 26, 1987; effective April 12, 1987. Amendment filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-14-.12 CHEATHAM LAKE WILDLIFE MANAGEMENT AREA

(1) Borum Pond: Use of gasoline-powered motors is prohibited on all waters.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed August 9, 1993; effective October 23, 1993. Amendment filed July 19, 2001; effective October 2, 2001.

Tenn. Comp. R. & Regs. 1660-01-14-.13 HUNTING AND MISCELLANEOUS USES OF WILDLIFE MANAGEMENT AREAS

AND OTHER TENNESSEE WILDLIFE RESOURCES AGENCY CONTROLLED LANDS.

(1) General.

(a) On management areas, the hunter (except raccoon, opossum, and turkey hunters) may not enter prior to two (2) hours before sunrise, and he must be out of the area by one (1) hour after sunset or legal closing time. Raccoon and opossum hunters must be out of the area one (1) hour after sunrise, except on the Cherokee Wildlife Management Area.

(b) Only guides approved by the hunt manager will be allowed on managed hunts and these may not carry guns while guiding unless they possess a valid hunting license, big game stamp and area hunt permit. When compartments are assigned by the hunt manager, hunters must remain in the compartment assigned.

(c) Unauthorized persons are prohibited from being in the wildlife management area during deer, bear, and turkey hunts, except on the Cherokee and Land Between the Lakes Wildlife Management Areas, or as otherwise specified by rule or proclamation.

(2) Safety Rules.

(a) No person shall be in possession or under the influence of any narcotic drug, barbiturate, or marijuana while on any Wildlife Management Areas, Refuges, or other Wildlife Resources Agency controlled lands.

(b) No person shall be in possession or under the influence of any alcoholic beverage while on Wildlife Management Areas, Refuges, or other Wildlife Resources Agency controlled lands except:

1. In campgrounds that are designated and maintained by the Wildlife Resources Agency; or 2. On public waters bordering or contained in Wildlife Management Areas, Refuges, or other Wildlife Resources Agency controlled lands so long as that person is not engaged in hunting.

(c) Target practice is prohibited except at ranges provided by the Wildlife Resources Agency or the USDA Forest Service. Safety Zones may be designated and posted by the Area Manager. Safety Zones are defined as an area of protection which may have restricted hunting activities around dwellings, recreation areas, firing and archery ranges and roads.

(3) Dogs.

(a) Use or possession of dogs is prohibited on wildlife management areas or on other Wildlife Resources Agency controlled lands except when authorized by Commission proclamation or regulation.

(b) These rules and regulations shall not be construed to conflict with rules and regulations promulgated by any State or Federal Agency with whom the Wildlife Resources Agency manages any area under terms of a cooperative agreement.

(c) Any dog found on Wildlife Resources Agency controlled lands shall be impounded and disposed of according to the procedures outlined in T.C.A. § 70-4-118.

(4) Camping And Picnicking.

(a) Camping is specifically prohibited at State fish hatcheries. Visiting prohibited between 5 p.m. and 8 a.m.

(b) Overnight camping may be permitted on designated areas by permission from the Area Manager, except on non-Agency lands where legally promulgated rules specify otherwise. Camping shall not exceed 3 weeks in length from the beginning to the end of the camping stay. Owner’s contact information (name, phone number, address) or TWRA ID number and date of arrival must be displayed on camper, tent, vehicle, etc., at all times.

(c) Houseboats, floats and other watercraft are permitted to anchor and/or moor along the shoreline of Chuck Swan and Cove Creek WMAs from the third Thursday of May through the second Tuesday of September. Houseboats, floats and other watercraft are prohibited from blocking access to coves. In addition, mooring lines cannot be placed to prevent cove access or create a boating hazard. Anchoring and/or mooring shall not exceed 21 consecutive days in length from the beginning to the end of the anchoring and/or mooring stay.

(d) Picnicking is permitted on designated areas.

(5) Miscellaneous.

(a) Other use of wildlife management areas and other Wildlife Resources Agency controlled lands is subject to approval of the Executive Director, Regional Manager, Park Superintendent, State Forest Supervisor, National Forest Supervisor, or Forest Service National Recreation Area Supervisor.

(b) All motorized vehicles must be muffler equipped to suppress noise and be spark arrestor equipped to prevent fires. Operation of motorized vehicles is confined to roads and trails not designated as closed or as authorized by the Area Manager. On LBL, motorized vehicles are prohibited on all roads and trails not designated as open by signs and/or other appropriate methods. Driving off road into woods, fields, or on foot trails or utility right-of-way is prohibited on all agency-owned wildlife management areas. Motorized vehicles may be prohibited on any agency-owned wildlife management area if deemed necessary to protect wildlife, vegetation, and/or properties.

(c) Vehicles shall not be parked in any manner that will block or deny access to any road or trail.

(d) In addition to the above, the following apply to the use of trail bikes, mini-bikes, and other off highway vehicles:

1. Off Highway Vehicles (OHVs) are restricted to use on roads open to other motorized traffic, except where prohibited by state or federal statute, and designated trails only. Roads shall be posted if closed.

2. OHVs may be prohibited from certain high use areas and at certain times when there is a threat to public safety or wildlife as indicated by signs.

3. Driving off roads and designated trails into woods, fields, and utility rights of way is prohibited unless otherwise provided.

4. OHVs may be operated during daylight hours and at other times when participating in authorized activities.

5. OHVs must be equipped with properly functioning mufflers and spark arresters.

6. OHVs may not be operated in a reckless or otherwise unsafe manner. No harassment or disturbance of people or wildlife is permitted.

7. All incidents resulting in the injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the district forester, Area Manager, or Park Superintendent. This report does not relieve persons from the responsibility of making any other accident reports which may be required under state law.

8. Off Highway Vehicle is any vehicle capable of traveling off highways within the state. The term includes all-terrain vehicles, motorcycles, dune buggies and other four-wheeled vehicles used for off-road activities.

(e) The use of wire, nails or other metal materials is expressly prohibited in the building or attaching of climbing devices or hunting stands on or in trees. Hunting is prohibited from any stand attached to a tree with these materials. Portable climbing devices or stands that do not injure trees are excepted from this rule.

(f) Acts of disorderly, obnoxious, or boisterous conduct, including acts that interfere with the orderly process of hunting, are prohibited. Violators shall be removed from the area and/or prosecuted. When an individual is convicted for a flagrant violation(s) or repeated violations of regulations governing management areas, the Executive Director shall at his discretion bar said individual from all management areas for a period of up to two years of date of written notification.

(g) No person shall deface, damage, destroy or remove any equipment, structure, trees, fruits, nuts, crops, or other plants, dirt, gravel or sod from any wildlife management area or other Wildlife Resources Agency controlled lands without specific authorization.

(h) No garbage, rubbish, litter or any refuse, sewage or other material which would pollute said area or waters, or render them unsightly or unsanitary shall be thrown, left or deposited on the area.

(i) No warming, camping or any type fire shall be allowed except at designated camping areas. Anyone causing a forest fire shall be held liable for the cost of suppression.

(j) The following apply to the use of saddle and pack animals on Wildlife Management Areas:

1. Horses and other saddle and pack animals are permitted on roads and trails open to motorized traffic and other trails or routes established for their use.

2. Riding off roads into woods, fields, or on foot trails is prohibited unless otherwise provided.

3. Horses and other saddle and pack animals may be prohibited from certain high use areas such as campgrounds, picnic areas, main-traveled roads, etc. as indicated by signs.

4. Horses and other saddle and pack animals are prohibited at all times on Bridgestone/Firestone Centennial Wilderness, Foothills and Oak Ridge Wildlife Management Areas.

5. Horses and other saddle and pack animals are prohibited during big game seasons on Cheatham, Laurel Hill, and Yanahli Wildlife Management Areas.

(k) The following shall apply to abandoned and unattended property:

1. Abandonment of any vehicle or other personal property is prohibited and such property may be impounded by the Area Manager or an authorized person.

2. Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission of the Area Manager or other authorized person, is prohibited and any property so left may be impounded by the Area Manager or an authorized person, and may be disposed of according to state procedures. In the event unattended property interferes with a safe and orderly management of the area, it may be impounded at any time.

History

• Authority: T.C.A. §§ 70-1-206 and 70-9-105.
• Administrative History: Original rule filed July 19, 2001; effective October 2, 2001. Amendment filed June 3, 2008; effective August 17, 2008. Amendment filed July 1, 2014; effective September 29, 2014. Amendments filed September 28, 2016; effective December 27, 2016. Amendments filed January 16, 2024; effective April 15, 2024.

Tenn. Comp. R. & Regs. 1660-01-14-.14 HUNTING AND MISCELLANEOUS USES OF PUBLIC HUNTING AREAS

(1) Permits (on public hunting areas where required, as per agreement)

(a) Before any person may hunt on a Public Hunting Area he must possess a valid and appropriate hunt permit purchased from a Public Hunting Area permit agent. This permit must be available for inspection while on the area.

(b) A public hunting area permit is subject to cancellation if the permittee violates any of the rules and regulations of the area.

(2) Safety Rules (a) No person shall be in possession or under the influence of any narcotic drug, barbiturate, or marijuana while on any Public Hunting Areas.

(b) No person shall be in possession or under the influence of any alcoholic beverage while on any Public Hunting Areas, except:

1. In campgrounds that are designated and maintained by the Wildlife Resources Agency; or 2. On public waters bordering or contained in Public Hunting Areas so long as that person is not engaged in hunting.

(c) Hunting is specifically prohibited inside safety zones on all public hunting areas.

(3) Miscellaneous (a) All motorized vehicles must be muffler equipped to suppress noise and be spark arrestor equipped to prevent fires. Operation of motorized vehicles is confined to roads not designated as closed and driving off road into woods fields, strip mines, foot trails and utility rights-of-way is prohibited. Enduros, rallies, and/or motocross competition is prohibited on all agency-owned wildlife management areas.

(b) Vehicles shall not be parked in any manner which will block or deny access to any road or trail.

(c) The use of wire, nails or other metal materials is prohibited in the building or attaching of climbing devices or hunting stands on or in trees. Hunting is prohibited from any stand attached to a tree with these materials. Portable climbing devices and stands that do not injure trees are excepted from this rule.

(d) No person shall deface, damage, destroy or remove any equipment, structure, sign, trees, plants, dirt or gravel from any Public Hunting Area without proper authorization.

(e) No garbage, refuse, litter or sewage shall be left or deposited on a Public Hunting Area.

(f) The use of buckshot for hunting and/or taking of deer and turkey is specifically prohibited.

(g) The use of ATVs (4 wheelers, 3 wheelers, dirt bikes, etc.) or any unlicensed motorized vehicle is prohibited on the Weyerhaeuser Public Hunting Area.

(h) Open fires are prohibited on all public hunting areas.

(i) Other miscellaneous uses of public hunting areas shall be in accordance with posted notices and/or as indicated on the hunt permit.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-225, and 70-9-105.
• Administrative History: Original rule filed July 19, 2001; effective October 2, 2001. Amendment filed May 2, 2003; effective July 16, 2003. Amendments filed September 28, 2016; effective December 27, 2016. Amendments filed January 16, 2024; effective April 15, 2024.

Tenn. Comp. R. & Regs. 1660-01-14-.15 IMPACT PERMITS FOR USE OF WILDLIFE MANAGEMENT AREAS

(1) A High Impact Habitat Conservation Permit is required for riding hoofed animals, bicycling, and off highway vehicle use on designated wildlife management areas. Persons holding a valid hunting license with an appropriate permit to hunt on a wildlife management area and youths under age thirteen (13) are exempt.

(2) At least one occupant of a vehicle must possess the proper permit(s). No permit shall be required on roads/trails as designated.

(3) Off Highway Vehicle is any vehicle capable of traveling off highways within the state. The term includes all-terrain vehicles, motorcycles, dune buggies and other four-wheeled vehicles used for off-road activities.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-225.
• Administrative History: Original rule filed August 5, 2002; effective October 19, 2002. Amendment filed September 16, 2003; effective November 30, 2003. Amendment filed February 10, 2005; effective April 26, 2005. Repeal and new rules filed June 3, 2008; effective August 17, 2008. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule filed March 27, 2015; new effective date July 1, 2015.

Tenn. Comp. R. & Regs. 1660-01-14-.16 BELLAMY CAVE WILDLIFE REFUGE

(1) Bellamy Cave Wildlife Refuge is closed to trespass except as otherwise provided in this rule.

(2) Trespass may be authorized by obtaining permission in writing from the TWRA Region 2 Office, P.O. Box 41489, Nashville, TN 37204

History

• Authority: T.C.A. §§ 70-1-206 and 70-5-101.
• Administrative History: Original rule filed December 17, 2007; effective March 1, 2008.

Tenn. Comp. R. & Regs. 1660-01-14-.17 MANAGED RECREATION AREAS ON FOOTHILLS WILDLIFE MANAGEMENT

AREA

(1) All recreation areas are open to the general public, at all times, free of charge for use subject to the following rules:

(a) Picnicking is permitted.

(b) Camping is prohibited at all times.

(c) Unattended vehicles shall not be left in a manner as to deprive or interfere with other persons’ access to parking areas and/or facilities. Area is not to be used as a “park and ride” lot.

(d) No person, or persons, shall deface or remove trees or other plants, dirt, gravel, or sod or any structure placed on the area by the Tennessee Wildlife Resources Agency or with the approval of the Tennessee Wildlife Resources Agency.

(e) No garbage, rubbish, litter or any refuse, or other material which would pollute said areas or waters, or render them unsatisfactory or unsanitary shall be left on the area.

(f) Commercial use of recreation area is prohibited. Organized events will be held by permit only.

(g) The use of firearms is prohibited.

(h) Disorderly conduct is prohibited.

(i) Handicapped parking zones, as posted, are reserved for handicapped users.

(j) Parking regulations will be enforced as posted. Officers of the Tennessee Wildlife Resources Agency may, at their discretion, have offending vehicles towed (at owners’ expense) or issue citations.

(k) Picnic tables are available on a “first come” basis and cannot be reserved.

(l) The use of fireworks is prohibited.

(m) All dogs must be leashed.

(n) No open fires. Cooking on grills is permitted.

History

• Authority: T.C.A. §§ 70-1-206, 70-5-101, and 70-9-105.
• Administrative History: Original rule filed June 3, 2008; effective August 17, 2008. Amendments filed January 16, 2024; effective April 15, 2024.

Tenn. Comp. R. & Regs. 1660-01-14-.18 REELFOOT LAKE WILDLIFE MANAGEMENT AREA – NAVIGATIONAL OR

LOCATION AIDS.

(1) Permission to establish private navigational or location aids, markers, poles, rods, or stakes on Reelfoot Lake Wildlife Management Area by an individual, municipality or any group must be obtained by written request to the executive director of the Tennessee Wildlife Resources Agency or his representative.

(2) This shall not include stakes or poles associated with permanent blind sites permitted by 1660-01-02-.02(2)(c) or any other legal manner and means associated with hunting, fishing and trapping activities.

(3) Any unauthorized navigational or location aid, marker, pole, rod or stake is subject to immediate removal by the Wildlife Resources Agency.

History

• Authority: T.C.A. § 70-1-206(a)(6).
• Administrative History: Original rule filed December 16, 2008; effective March 1, 2009.

Chapter 1660-01-15 Rules and Regulations for Animal Importation

Tenn. Comp. R. & Regs. 1660-01-15-.01 IMPORTATION OF LIVE WILDLIFE

(1) Before any person in the State of Tennessee may have in his or her possession any live wild animal species obtained from outside the State of Tennessee, he or she must import such animal in accordance with the following:

(a) Any permit obtained for importation, other than an annual importation permit, is void when the shipment of animals or any portion thereof is received or when any condition or restriction of the permit is violated.

(b) Wildlife, as referred to in these regulations, is either singular or plural, as the case may be; and is defined as all species normally found in the wild, regardless of whether they were captured in the wild or raised in captivity.

(c) Wildlife obtained through interstate commerce must be in accordance with federal laws, as well as be obtained from a dealer licensed by the U.S. Department of Agriculture under the Animal Welfare Act of 1970.

(d) When any wildlife is being shipped or transported by any carrier, private or public, the carrier shall possess the shipper’s copy of the importation permit. The shipper’s copy of the importation permit will be left with the consignee upon delivery of the animals. The animals and all pertinent records will be open to inspection by a representative of the Wildlife Resources Agency prior to their release.

(e) Any person, group or business entity importing wildlife for the purpose of release must notify the regional office within 24 hours prior to the arrival of the shipment. Wildlife imported for release will be subject to inspection by the Tennessee Wildlife Resources Agency prior to their release.

(f) Any wildlife imported for release will be subject to the following restrictions:

1. Annual importation permit holders shall notify the Tennessee Wildlife Resources Agency of the intent to import a shipment of captive wildlife to check to determine if the source of that species is approved.

2. The importation of animals from states having endemic disease problems in wild populations that could present a health hazard to native wildlife or the public is specifically prohibited.

3. The Tennessee Wildlife Resources Agency will annually compile a list of species and the states from which they originate that are prohibited from importation.

This list will be provided to the appropriate agency personnel as well as annual importation permit holders.

(g) Each request to import will be considered on its own merits, taking into consideration human health and safety, competition with or effect on native species, prolific breeders, and agricultural pests.

(h) The above mentioned requirements do not apply to Class III Wildlife.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-401, and 70-4-404.
• Administrative History: Original rule filed February 12, 1996; effective April 27, 1996. Amendments filed February 28, 2005; effective May 14, 2005.

Tenn. Comp. R. & Regs. 1660-01-15-.02 IMPORTATION OF WILDLIFE CARCASSES, PARTS, AND PRODUCTS

(1) No person may import, transport, or possess in Tennessee a cervid carcass or carcass part from anywhere outside the state except as provided herein:

(a) Meat that has bones removed.

(b) Antlers, antlers attached to cleaned skull plates, or cleaned skulls (where no meat or tissues are attached to the skull.)

(c) Cleaned teeth.

(d) Finished taxidermy and antler products.

(e) Hides and tanned products.

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-107.
• Administrative History: Original rule filed July 12, 2005; effective September 25, 2005. Amendment filed January 5, 2009; effective March 21, 2009. Repeal and new rule filed May 3, 2012; effective August 1, 2012. Amendments filed April 20, 2018; effective July 19, 2018.

Chapter 1660-01-16 Rules and Regulations Governing Wildlife Capture, Transport, and Release Permit

Tenn. Comp. R. & Regs. 1660-01-16-.01 PURPOSE

Before any person in the State of Tennessee may capture, transport, and release any live wildlife species within the State, he or she must first obtain a Wildlife Capture, Transport and Release (WCTR) Permit, except as otherwise provided, from the Executive Director of the Wildlife Resources Agency, in accordance with the provisions of this

rule.

History

• Authority: T.C.A. §§70-1-206 and 70-4-120.
• Administrative History: Original rule filed December 6, 1978; effective April 2, 1979. Repeal filed November 24, 1999; effective February 7, 2000. New rule filed January 9, 2004; effective March 24, 2004.

Tenn. Comp. R. & Regs. 1660-01-16-.02 DEFINITIONS

(1) The term “wildlife,” for the purpose of these regulations only, is defined as red fox, gray fox, raccoon, and bobwhite quail. These are the only species that may be captured, transported and released pursuant to the WCTR Permit. Further, the capture, transport and release of bobwhite quail will be approved on a case-by-case basis and only after evaluation by the Tennessee Wildlife Resources Agency.

(2) The term “permit,” as referred to in these regulations, is the Wildlife Capture, Transport and Release (WCTR) Permit.

History

• Authority: T.C.A. §§70-1-206 and 70-4-120.
• Administrative History: Original rule filed December 6, 1978; effective April 2, 1979. Repeal filed November 24, 1999; effective February 7, 2000. New rule filed January 9, 2004; effective March 24, 2004.

Tenn. Comp. R. & Regs. 1660-01-16-.03 PERMIT

(1) Any person desiring to capture, transport and release wildlife must first obtain a Wildlife Capture, Transport and Release Permit from the Tennessee Wildlife Resources Agency. Further, applicants for the permit are required to have a license that allows trapping.

(2) Property owners are exempt from the permit requirement if they capture wildlife from their own land and release back onto their own land. If a landowner, however, wishes to trap from his/her own land and move the captured wildlife to someone else’s land, he/she must have a trapping license, a Wildlife Capture, Transport and Release Permit and permission of the landowner to release the wildlife onto his property.

(3) Persons conducting work under the provisions of the Nuisance Animal Damage Control Rule (1660-1- 21) are exempt from the permit requirements of this rule.

(4) A permit is valid for the current license year only and will expire the last day of February of that license year.

(5) All applicants are required to have or provide the following:

(a) All permit holders are required to maintain accurate and complete records on activities provided for in this rule on forms provided by the Tennessee Wildlife Resources Agency.

(b) Along with other information that may be required on the above forms, applicants must specify the species to be trapped, and the specific counties, location of properties and names of the owner(s) of properties where the applicant intends to capture the wildlife and the specific counties, location of properties and names of the owner(s) of properties where the wildlife will be released.

(c) When the permittee is transporting wildlife, he/she shall possess the WCTR Permit. The wildlife and all pertinent records will be open to inspection by a representative of the Tennessee Wildlife Resources Agency prior to their release.

(d) The permit shall be valid only for the person listed on the permit to capture, transport, and release wildlife and may not be transferred to another individual.

(e) The permit holder must have both the written permission from the property owner where the wildlife is captured and the written permission of the property owner where the wildlife will be released.

History

• Authority: T.C.A. §§70-1-206 and 70-4-120.
• Administrative History: Original rule filed December 6, 1978; effective April 2, 1979. Repeal filed November 24, 1999; effective February 7, 2000. New rule filed January 9, 2004; effective March 24, 2004.

Tenn. Comp. R. & Regs. 1660-01-16-.04 RESTRICTIONS

(1) Pursuant to T.C.A. 70-4-201, wildlife captured may not be sold. Thus, all wildlife taken under

authority of the Wildlife Capture and Release Permit must be released back into the wild.

(2) Wildlife captured, transported, and released must be handled in a manner that minimizes risk of injury to the animal.

(3) Wildlife may only be released into the wild onto areas approved by the Tennessee Wildlife Resources Agency and only in the same county or adjacent county where captured. The release of wildlife, captured under the provisions of this rule, onto private wildlife preserves is specifically prohibited.

(4) Wildlife must be released within 12 hours after capture.

(5) All traps left unattended by the permit holder must be clearly marked with the permit holder’s name and permit number.

(6) Only the types of traps listed in the Manner and Means for Taking Wildlife Proclamation as approved by Tennessee Wildlife Resources Commission will be allowed for the capture of furbearers.

(7) Bobwhite quail may only be captured in traps approved by the Tennessee Wildlife Resources Agency.

Only banded pen-reared birds may be used for call birds. All migratory and/or non-target birds captured in these traps must be released.

(8) Wildlife captured, transported, and released shall be taken only during periods specified in a proclamation promulgated by the Tennessee Wildlife Resources Commission.

(9) The Executive Director may require that the captured wildlife be marked with an identifying band or tag prior to release.

History

• Authority: T.C.A. §§70-1-206 and 70-4-120.
• Administrative History: Original rule filed December 6, 1978; effective April 2, 1979. Repeal filed November 24, 1999; effective February 7, 2000. New rule filed January 9, 2004; effective March 24, 2004.

Tenn. Comp. R. & Regs. 1660-01-16-.05 SUSPENSION OR REVOCATION

(1) The Executive Director may, pursuant to and in accordance with the Uniform Administrative Procedures Act (UAPA), suspend any activity provided for under the permit if the activity poses a threat to the health and safety of humans, domestic animals, or wildlife as defined by T.C.A. 70-1- 101(a)(41).

(2) In accordance with and pursuant to the UAPA, the Executive Director may refuse to issue a permit or may revoke an existing permit if the applicant or permittee violates any of these rules and regulations or violates any law governing the wildlife of this state or country. If an applicant for or holder of a WCTR Permit has been charged with a violation of these rules and regulations or state or federal wildlife laws, such permit may be suspended pending adjudication.

History

• Authority: T.C.A. §§70-1-206 and 70-4-120.
• Administrative History: Original rule filed December 6, 1978; effective April 2, 1979. Repeal filed November 24, 1999; effective February 7, 2000. New rule filed January 9, 2004; effective March 24, 2004.

Chapter 1660-01-17 Rules and Regulations Governing the Commercial Use of Wildlife

Tenn. Comp. R. & Regs. 1660-01-17-.01 GENERAL PROVISIONS FOR COMMERCIAL USE

(1) Definitions (a) Native wildlife is defined as those species which occur naturally in the wild within the geographic boundaries of Tennessee, and whose presence is the result of those species’ natural biology, or approved stocking by the Tennessee Wildlife Resources Commission.

(b) Non-native wildlife is defined as those species not classified as native.

(2) Endangered and Threatened Species. The commercial use of any State or Federally endangered species is prohibited. The commercial use of State and Federally threatened species and those species deemed in need of management are permitted only when such species are legally taken for the purpose of sale in the State of origin as provided in T.C.A. § 70-8-109.

(3) Finished Products and Parts, Other Than Meat, That May Be Bought and Sold (a) Finished products and parts of non-native species legally obtained in the State of origin. No parts of black bear (Ursus americanus) taken in Tennessee may be bought or sold. Individuals may obtain legally possessed bear parts from other States, which allow the sale of such parts, through mail order purchases or direct purchases which take place outside the boundaries of Tennessee. Any individual possessing parts of bear provided for in this exception must maintain records of legal purchase. No bear parts, including meat, possessed under this exception may be resold within the boundaries of Tennessee.

(b) Finished products and parts of legally taken white-tailed deer and wild turkey except meat and antlers in velvet.

(c) Non-edible finished products of commercially raised native species.

(d) Finished products of reptiles (native and non-native) that are legally acquired.

(e) Finished products and parts of native wildlife as provided by statute.

(f) The finished products and parts of legally taken furbearers (native and non-native).

(4) Meat and Meat Products That May Be Bought and Sold (a) The meat of non-native wildlife (except fish) that are commercially raised. Records must be maintained by buyer showing species, origin of shipment, and processor.

(b) The meat of legally obtained non-native fish, reptiles, and mollusks. Species listed below (native or non-native) that were harvested legally by commercial methods outside of the State or raised in a licensed fish farming facility for commercial sale:

Common Name Scientific Name Black Crappie Pomoxis nigromaculatus White Crappie Pomoxis annularis Black X White Crappie Pomoxis nigromaculatus x P. annularis Walleye Sander vitreus Walleye X Sauger Sander canadensis x S. vitreus Striped bass Morone saxatilis Hybrid Striped bass Morone saxatilis x M. chrysops Salmon and Trout Oncorhynchus spp.

Salmon and Trout Salmo spp.

Char and Trout Salvelinus spp.

(c) The meat of native wildlife (except fish) as provided by statute or proclamation. The sale of the carcass of groundhog is permitted.

(d) The meat of native fish and turtle species may be bought or sold as provided by statute or proclamation.

(e) The meat of legally taken crustaceans (crayfish, lobster, etc.).

(f) The meat and meat products of legally taken furbearers (native or non-native).

(5) Live Species That May Be Bought and Sold (a) Legally obtained live crustaceans (crayfish, lobster, etc.) for food.

(b) Legally imported and/or propagated amphibians for purposes other than bait.

(c) Legally obtained live native and non-native species may be bought and sold as provided by statute, regulation or proclamation.

(6) Hides of Legally Taken Native Rabbits (a) Finished or green hides of native rabbits may be bought or sold.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-107, and 70-4-201.
• Administrative History: Original rule filed June 27, 1984; effective July 27, 1984. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed August 26, 1989; effective October 9, 1989. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed February 3, 1995; effective April 19, 1995. Amendment filed March 31, 2000; effective June 14, 2000. Amendment filed October 2, 2000; effective December 16, 2000. Amendment filed February 18, 2003; effective May 4, 2003. Amendment filed January 5, 2009; effective March 21, 2009. Amendment filed February 11, 2011; effective May 12, 2011. Amendments filed July 2, 2025; effective September 30, 2025.

Chapter 1660-01-18 Rules and Regulations of Live Wildlife

Tenn. Comp. R. & Regs. 1660-01-18-.01 GENERAL PROVISIONS GOVERNING POSSESSION OF LIVE WILDLIFE

(1) All live wildlife possessed within the State of Tennessee must be held in accordance with T.C.A. §§ 70-4-401 et seq., except in those instances where species are addressed under other existing statutes.

(2) The possession of state or federally threatened or endangered species is permitted only when the species have been legally obtained in the state or country of origin. All imported live wildlife must be legally obtained in the state of origin.

(3) No wildlife may be taken from the wild in Tennessee except as provided for by statute, proclamation, and/or rule.

(4) All individuals possessing live wildlife must be able to produce proof of legal ownership. Proof of legal ownership includes evidence of legal importation (importation permit), purchase receipt from a licensed propagation facility, possession of the parent animals, or evidence of disposition of the parent animals.

(5) The following species may be legally released if approval is obtained in advance from the TWRA:

(a) Bobwhite Quail;

(b) Red Fox;

(c) Grey Fox;

(d) Raccoon;

(e) Non-native game birds;

(f) Mallard ducks;

(g) Native species of fish that are not approved for fish farming intended for release into private lakes and ponds; and (h) Cottontail rabbit.

(6) Fish that are approved for fish farming may be released into private lakes and ponds without obtaining approval from the Tennessee Wildlife Resources Agency (TWRA).

History

• Authority: T.C.A. §§ 70-1-206, 70-4-403, 70-4-404, and 70-4-405.
• Administrative History: Original rule filed July 25, 1986; effective September 8, 1986. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed April 20, 1992; effective June 4, 1992. Amendments filed November 1, 2021; effective January 30, 2022.

Tenn. Comp. R. & Regs. 1660-01-18-.02 PERMITS

(1) A propagation permit is not required for holders of a fish dealer’s license issued under Rule

Tenn. Comp. R. & Regs. 1660-01-18-.03 CLASSES OF WILDLIFE

(1) Hybrids resulting from the cross of two Class I species are added to the list of Class I wildlife codified in T.C.A. § 70-4-403(1).

(2) Native species of wildlife are considered to be Class II unless specifically designated otherwise by T.C.A. § 70-4-403 or rul es and regulations authorized therein.

(3) (a) The following species or groups of wildlife are added to the existing listing designated by legislation as Class III:

1. All waterfowl species except those defined in Chapter I, Ti tle 50, of the U.S.

Code of Federal regulations as North American migratory game birds.

2. Ostriches, cassowaries, caimans, and gavials.

(b) 1. The following species or groups of wildlife are deleted from the existing listing designated by legislation as Class III:

(i) All nativ e, nonpoisonous reptiles and amphibians; and (ii) All native, furbearing mammals.

2. All species or groups of wildlife deleted from Class III in part 1. are considered to be Class II wildlife.

(4) The following species or groups of wildlife are added to the group of animals designated by legislation as Class V:

(a) Nandaya or Black-Hooded parakeets (Nandayus nenday);

(b) Quaker or Monk parakeets (Myiopsitta monachus);

(c) African clawed frog (Xenopus lacvis); and (d) All non-native freshwater aquatic life except the following:

1. Triploid grass carp certified by the United States Fish and Wildlife Service;

2. Species approved for fish farming; and 3. Fish, crustaceans, and mollusks held in aquaria. This exception does not apply to the following species which shall be regarded as Class V:

(i) Zebra mussels (Dreissena polymorpha);

(ii) Black carp (Mylopharyngodon piceus);

(iii) Blueback herring (Alosa aestivalis);

(iv) Ruffe (Gymnocephalus cernua);

(v) Bighead carp (Aristichthys nobilis);

(vi ) Silver carp (Hypophthalmichthys molitrix);

(vii) Snakeheads (all members of the Family Channidae);

(viii) New Zealand mud snail (Potamopyrgus antipodarum);

(ix) Round goby (Neogobius melanostomus);

(x) Rudd (Scardinius erythrophthalmus);

(xi) Swamp eels (all members of the Family Synbranchidae);

(xii) Marbled crayfish (Marmorkreb) (Procambarus fallax f. virginalis); and (xiii) Gold Asian clam (Corbicula fluminalis).

(5) Hybrids involving two species from different Classes of animals shall be regulated as a member of the least restrictive Class involved, unless otherwise specified.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-107, 70-4-401, 70-4-403, 70-4-404, and 70-4-405.
• Administrative History: Original rule filed July 15, 1986; effective September 8, 1986. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed April 20, 1992; effective June 4, 1992. Amendment filed December 18, 2002; effective March 3, 2003. Amendment filed July 22, 2015; effective October 22, 2015. Amendments filed November 1, 2021; effective January 30, 2022.

Tenn. Comp. R. & Regs. 1660-01-18-.04 FACILITIES

(1) A man-made body of water contained within the boundary of a privately owned parcel of land may be considered a propagating facility for the purpose of rearing amphibians, fishes, and reptiles.

(2) Permanent facilities for the purpose of these rules as they pertain to Class I animals shall be defined as the permanent enclosures, cages or exhibit areas located on premises owned or leased by the permittee as described on the inspection form attached to the application for a Class I permit on file at the Region 5 office of the TWRA.

(3) Tigers may be held in cages without a top only when the strength of materials and the construction meets the specifications as required by law and the sides of the cage are a minimum of sixteen (16) feet high with the top three (3) feet turned inward at a forty-five (45) degree angle. There shall be no trees or any other structures which could in any way assist the animal in climbing or jumping located within fifteen (15) feet of the cage side.

(4) Facilities, whether permanent or temporary, for holding or exhibiting Class I animals shall be inspected and approved by TWRA personnel prior to any Class I animals being placed in the facility or a permit being issued.

(5) Exhibits of Class I animals shall be in a manner that provides for the protection of the animals and the public at all times. Such exhibits shall have exclusionary barriers and trained uniformed guards or caretakers in a position to deter unauthorized public access to the animals; to prevent any escape of animals; and to prevent any direct physical contact of the animals with the public. A barrier system of moats and/or deterrent fencing of a design sufficient to prevent the escape of the animals, deter any unauthorized entry, and prevent any direct physical contact with the public shall be required for all exhibits that do not have trained uniformed guards or caretakers on duty in view of the exhibit area when open to the public. Such deterrent fencing shall be at least eight (8) feet in height to deter the throwing of foreign objects into the cage area and prevent the entry of any unauthorized person.

(6) Exhibitors of Class I animals must have a mobile facility in accordance with state law for any species of Class I animals that is taken out of a stationary facility. These animals shall not be allowed out of a caged area at any time. The animals may be placed in a caged arena for the

purpose of exhibiting, as long as the sides and top meet specifications as required by law for a stationary facility. Also, the animals must remain in the mobile facility until the mobile facility is either brought into or up to the arena in such a fashion as to allow for the animal to be directly released into the arena. These animals may be led from a holding facility, either mobile or stationary, into a caged area through a totally enclosed caged corridor. Elephants are exempt from the requirement of this paragraph as long as they are maintained in accordance with this law.

(7) Permanent exhibitors may exhibit their Class I animals outside their permanent facility only after giving notification to the TWRA regional office where the exhibition is to be held a minimum of twenty-four (24) hours before the exhibition. Such exhibitions shall be given only in facilities that meet the standards set forth herein or as otherwise provided by law.

(8) Any Class I Felidae or Ursidae that is under twenty-five (25) pounds in weight and less than three (3) months of age may be brought into contact with the public. Permittees who allow such animals to have contact with the public can do so only under the following conditions:

(a) An individual animal can be brought into contact with the public not more than one (1) hour during an eight (8) hour interval.

(b) Animals brought into contact with the public must be done in a manner that ensures the good health of the animals.

(c) Permittees that intend to conduct off-site exhibitions involving public contact must notify the TWRA at least three (3) days prior to such exhibitions.

(d) Permittees who allow such animals to have contact with the public assume all responsibility for the safety of the public.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-401(a), 70-4-403, 70-4-404, and 70-4-405.
• Administrative History: Original rule filed July 25, 1986; effective September 8, 1986. Amendment filed April 20, 1992; effective June 4, 1992. Amendment filed April 22, 1994; effective July 6, 1994. Amendment filed May 20, 1998; effective August 3, 1998. Amendments filed November 1, 2021; effective January 30, 2022.

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 foll owing 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 pri or 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 with in 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-taile d 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 fulltime 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.

History

• Authority: T. C.A. §§ 70-1-206, 70-4-401, 70-4-404, and 70-4-405.
• Administrative History: 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 January 30, 2022.

Tenn. Comp. R. & Regs. 1660-01-18-.06 CLASS I QUALIFICATION TEST

(1) Testing procedures (a) Scheduling 1. Arrangements must be made with a TWRA regional office as to time and place where the test will be given.

2. Each test taken will cost ten (10) dollars and payment of the fees shall be made prior to the test being given.

(b) Administration 1. A Class I Qualification Test must be taken at a TWRA Regional office.

2. Scoring - There will be a maximum of one hundred (100) questions in the technical section of the test and each will have equal value. The point value will be announced before the test. A score of 70% correct will be passing.

3. No copies of the test questions can be taken from the testing area by the person taking the test.

4. The test will be scored at a later date and the applicant will be notified of the score by mail.

5. If the applicant fails to pass the test, he may request to retake the test at a later date. There shall be at least ten days between tests.

6. The test may be taken a maximum of three times per calendar year.

(c) Test material – The test will be developed and reviewed by persons with extensive training, knowledge and experience with Class I animals. The test will cover basic knowledge of habits, health care, diseases, diet, exercise needs, housing and handling of the Class I species to be possessed. Four separate tests will be developed for the four major groups of Class I species that are similar in their handling, habits, health care and housing requirements. Experience with any species within one of these groups shall be regarded as qualifying experience for any other species with in the group but not for other species or groups of species. Other species listed under Class I are so varied in their handling requirements that separate tests will be developed. The four major groups of Class I species as pertains to experience and qualif ication testing shall be:

1. Primates;

2. Bears;

3. Felines; and 4. Reptiles and amphibians.

(d) Reference materials will not be provided by the TWRA. It is the applicants’ responsibility to obtain access to their own reference materials. A list of suggested reference books will be provided upon request.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-401, 70-4-403, 70-4-404, and 70-4-405.
• Administrative History: Original rule filed April 20, 1992; effective June 4, 1992. Amendments filed November 1, 2021; effective January 30, 2022.

Tenn. Comp. R. & Regs. 1660-01-26-.03 .

(2) While all other permits do apply, a possession permit is not required for the following species regulated as Class II wildlife:

(a) Bobwhite Quail;

(b) Non-native game birds that are released in Tennessee or other states for the purpose of hunting (chukar, ringneck pheasant, etc.);

(c) Waterfowl defined in Chapter 1, Title 50, of the U. S. Code of Federal Regulations as North American migratory game birds;

(d) Legally obtained native aquatic species held in aquaria; and (e) Legally obtained nonpoisonous reptiles and amphibians indigenous to the State of Tennessee.

(3) All information requested on application for permits must be completed accurately.

(4) Permits shall expire on the 30th day of June each year.

(5) An importation permit is required for all fish species except the following:

(a) Any species (including their hybrids) native to Tennessee;

(b) Triploid grass carp certified by the United States Fish and Wildlife Service;

(c) All species that are approved for fish farming; and (d) Golden orfe.

(6) Class I and Class II species not listed on the permit issued for a facility other than a zoo may not be possessed at the facility until approved and added to the permit by letter from the director of the TWRA.

(7) Permanent exhibitors cannot engage in the commercial trade of captive wildlife without a valid commercial propagators permit.

(8) All temporary exhibitors exhibiting Class I wildlife must submit a completed application and an itinerary of intended dates and locations of their exhibition at least twenty-one (21) days prior to first scheduled exhibition.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-401, 70-4-403, 70-4-404, and 70-4-405.
• Administrative History: Original rule filed July 25, 1986; effective September 8, 1986. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed April 20, 1992; effective June 4, 1992. Amendment filed February 3, 1995; effective April 19, 1995. Amendments filed November 1, 2021; effective January 30, 2022.

Chapter 1660-01-19 Rules and Regulations Governing Reelfoot Water Management Permit

Tenn. Comp. R. & Regs. 1660-01-19-.01 DEFINITIONS

(1)Entity of State or Local Government-Each department, commission, board, agency, council, utility district, drainage district, levee district, or other governmental unit or body created constitutionally or by enactment or action of state government, local government, or any subdivision of state or local government.

(2)Person-Any individual, partnership, firm, corporation or association.

(3)Project-Any activity, operation, construction, building, structure, facility or installation from which there is or may be the discharge of water.

(4)Water-Any and all water, public or private, on or beneath the surface of the ground, which is contained within, flows through, or borders upon the watershed of Reelfoot Lake or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface, sub-surface or underground waters.

(5)Diversion-Any activity which has the effect of altering the direction of flow of a natural watercourse including a stream, ditch or wetland.

(a)This section will apply to any activity which disturbs the stream channel or any substrate materials including gravel, boulders or vegetation.

(b)Activities included under this section will include any practices which disturb the stream channel in such a way that causes the stream to change its natural flow of direction, changes the course of its meandering flow, or diverts the stream from flowing into Reelfoot Lake.

(6)Stream-Any watercourse, including ditches, which may or may not have permanent flow, and which were in existence at the time of enactment of this rule.

History

• Authority: T.C.A. §70-5-112.
• Administrative History: Original rule filed July 25, 1986; effective October 29, 1986.

Tenn. Comp. R. & Regs. 1660-01-19-.02 ACTIVITIES REQUIRING A PERMIT

(1)Any activity in the watershed of Reelfoot Lake which has the effect of changing the natural course of the stream either by impounding, diverting or removing the water.

Activities subject to this provision include the construction of dams and levees or the diversion, drainage or relocation of a wetland or stream.

(2)Any activity in the Reelfoot Lake watershed that may have the effect of draining or lowering the lake elevation.

(3)Any cleaning, dipping, channelization, removal of substrate or other disturbance of a stream channel in the Reelfoot Lake watershed.

History

• Authority: T.C.A. §70-5-112.
• Administrative History: Original rule filed July 25, 1986; effective October 29, 1986.

Tenn. Comp. R. & Regs. 1660-01-19-.03 POLICIES AND PROCEDURES

Applications for permits will be reviewed by the TWRA. The Executive Director, TWRA, has the authority under the provisions of T.C.A. §70-5-112 to grant or deny permission for any activities which may adversely affect Reelfoot Lake.

History

• Authority: T.C.A. §70-5-112.
• Administrative History: Original rule filed July 25, 1986; effective October 29, 1986.

Tenn. Comp. R. & Regs. 1660-01-19-.04 APPLICATION ISSUANCE

(1)Any person who plans to engage in any of the activities outlined in T.C.A. §70-5-112 (b) must take application to the Executive Director, TWRA, for a permit.

(2)Applicants must complete the standard “Application for a TWRA Reelfoot Water Management Permit.” The Executive Director may request additional information as required in order to make the permit decision. Where an Environmental Statement is required by Federal regulation or a permit is required by a State of Federal agency, the Executive Director may request the applicant provide all the pertinent information prior to issuing the TWRA permit.

(3)Any application submitted by a corporation, partnership, municipality or commission must be signed by a general partner, ranking elected official, or the delegated principal executive officer.

History

• Authority: T.C.A. §70-5-112.
• Administrative History: Original rule filed July 25, 1986; effective October 29, 1986.

Tenn. Comp. R. & Regs. 1660-01-19-.05 TERMS OF THE PERMIT

Each permit issued will have a fixed term of twelve (12) months or a period of time stated on the permit. Any permittee who wishes to extend this period must notify the Executive Director at least ninety (90) days prior to the expiration date on the permit.

History

• Authority: T.C.A. §70-5-112.
• Administrative History: Original rule filed July 25, 1986; effective October 29, 1986.

Chapter 1660-01-20 Rules and Regulations Governing the Deer Management Assistance Program (DMAP)

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.

History

• Authority: T.C.A. §§70-1-206 and 70-1-302.
• Administrative History: Original rule filed June 16, 2003; effective October 28, 2003.

Chapter 1660-01-21 Rules and Regulations for Nuisance Animal Damage Control

Tenn. Comp. R. & Regs. 1660-01-21-.01 NUISANCE ANIMAL DAMAGE CONTROL

(1)Permit (a)Any person company, or other entity desiring to destroy, or otherwise control nuisance wildlife and charge a fee for such services must first obtain an Animal Damage Control Permit from the Tennessee Wildlife Resources Agency, except as otherwise provided.

(b)A permit will not be issued to any applicant that does not have a demonstrated knowledge of wildlife and wildlife control techniques as evidenced by training and/or experience.

(c)The permit shall list the names of all individuals designated to perform work under the authority of the permit.

(d)Permit holders are authorized to control wildlife only with the written permission of the complainant and only on the premises of the complainant.

(e)Any control measures undertaken by a permit holder shall be a contractual agreement between the permit holder and the complainant and TWRA shall not be liable for any damages caused by the permit holder. Permit holders are required to provide adequate liability insurance.

(2)Control Measures (a)Permit holders are authorized to use chemicals, traps, firearms, and other methods as approved by EPA, USDA, TWRA, local municipalities, and other authoritative agencies as applicable.

(b)No permit holder may use control methods which may pose a threat to the health and safety of humans, domestic animals or other non-target wildlife.

(c)All traps, cages, and other tools left unattended by the permit holder must be clearly marked with the permit holder’s name, address, and permit number.

(3)Disposition of Wildlife (a)Wildlife taken may not be sold, bartered, given away, or used for any purpose without prior approval of the TWRA.

(b)Animals taken must be disposed of in a manner that ensures humane handling or killing. Where desirable, animals may be relocated to areas approved by the TWRA.

(4)All permit holders are required to maintain complete records on all services provided under this

section.

The records shall include:

(a)The complete name and address of the person for whom services have been performed.

(b)The types of control measures undertaken.

(c)The species and number of animals taken.

(d)The disposition of each animal.

(5)All records as prescribed in paragraph (4) above shall be submitted to the Wildlife Resources Agency on June 30 of each year.

(6)All permit holders must renew their permits on July 1 of each year.

(7)Issuance of a permit does not grant authority to control state and federal endangered and threatened species or other species specifically prohibited by the permit.

(8)The permit holder must also possess all other appropriate permits to control wildlife under the jurisdiction of the Federal Government.

(9)A violation of any of these rules and regulations or of any law governing the wildlife of this state or country shall be just cause to refuse to issue a permit or to revoke an existing permit. If an applicant for or holder of a nuisance animal damage control permit has been charged with a violation of these rules and regulations or state of federal wildlife laws, such may be suspended pending adjudication.

History

• Authority: T.C.A. §§70-1-206 and 70-4-113(b).
• Administrative History: Original rule filed September 20, 1988; effective November 4, 1988. Amendment filed August 26, 1993; effective November 9, 1993.

Chapter 1660-01-22 Pearl Culture

Tenn. Comp. R. & Regs. 1660-01-22-.01 CULTURING FRESHWATER PEARLS IN PUBLIC WATERS

(1)Before any person or firm shall engage in the business of culturing freshwater pearls in public waters, they must obtain necessary permission for a pearl culturing site from Tennessee Wildlife Resources Agency and other agencies having jurisdiction (TVA, Corps of Engineers, etc.) and obtain necessary licenses and permits as required.

(a)The following general provisions apply: 1.Definitions of a pearl culturing site: An area of public water set aside for the purpose of culturing freshwater pearls which may include facilities on adjacent land used for the propagation on adjacent land used for the propagation of freshwater mussels to be used in pearl culture. 2.Definition of pearl culturing: The rearing of freshwater mussels obtained through purchase or propagated on site for the purpose of producing pearls. 3.Each site shall be considered a separate business requiring a separate license. 4.Priority for a pearl culturing site approval will be given those located or co-locating within an existing commercial business such as boat dock or barge port. 5.Maximum acreage of water per site shall not exceed 10 acres. 6.Pearl culturing sites shall be adequately posted around the perimeter at intervals not exceeding 200 feet. 7.Pearl culturing rafts will be placed at least 50 feet from shore. 8.Any disease treatment involving adding any chemical to public water must be approved by appropriate state and federal regulatory authorities. 9.No fertilizer or any other unapproved substance shall be added to the water. 10.Aeration within pearl culturing site is permissible. 11.Mussels used in the pearl culturing business shall be restricted to native species unless other species are authorized in writing by TWRA. 12.Implanted mussels must be placed in retainers suspended from piers, docks, or floats within the pearl culturing site. 13.Mussels smaller than the size legal for harvest from Tennessee waters may be used in culturing pearls under the following conditions:

(i)Mussels legally imported may be used. These mussels may be placed directly into pearl culture retainers, or they may be placed on the lake bottom in an area of the pearl culturing site designated for such purpose by TWRA in writing. Such area shall not exceed 0.5 acre in size, and will be marked by the licensee with floats approved by the TWRA.

(ii)A written record showing the date and the number of imported undersized mussels by species placed in the designated area and the date and number by species removed shall be maintained and kept current. The record shall be available for immediate inspection by TWRA personnel.

(iii)Mussels propagated at a pearl culture site may be used. Records as described in subsection (ii) must be kept. Mussel propagated at a pearl culture site must be placed in an area separate from other mussels and must be uniquely marked to differentiate them from wither implanted or purchased mussels.

(iv)The propagated mussels can be used only at the associated pearl culture site and for the purpose of being the host mussel in pearl or pearl like products.

Propagated mussels can not be sold, bartered, or exchanged.

(v)All mussels propagated at a pearl culture site must be held within a designated area in retainers having a standard number of shells. Retainers shall be marked to identify the year the mussels were placed in each retainer. Such an area must be accessible for inspection by TWRA personnel during normal business hours. 14.Implanted mussels shall not be placed on the bottom of any public water in Tennessee.

(b)Violation of these rules and regulations can result in revocation of the permit by the Executive Director of the Tennessee Wildlife Resources Agency, as well as other penalties.

History

• Authority: T.C.A. §70-2-220.
• Administrative History: Original rule filed September 1, 1988; effective October 16, 1988. Amendment filed March 30, 1994; effective June 13, 1994.

Chapter 1660-01-23 Rules and Regulations Governing Issuance of Warning Citations

Tenn. Comp. R. & Regs. 1660-01-23-.01 OFFICERS

Officers of the Wildlife Resources Agency, upon observance of violations of any of the wildlife laws under Title 70, and any rules and regulations promulgated by the Commission, may, at their discretion, issue warning citations to the offenders.

History

• Authority: T.C.A.§§70-1-206 and 70-6-101.
• Administrative History: Original rule filed December 12, 1990; effective January 26, 1991.

Chapter 1660-01-24 Rules and Regulations Governing the Use of Fishing Piers

Tenn. Comp. R. & Regs. 1660-01-24-.01 DEFINITIONS

(1)Fishing Pier - A structure made of wood, metal, concrete or other materials placed adjacent to or over waters of the state for the purpose of providing an area for public fishing. Such fishing piers shall have been paid for totally or in part by TWRA.

(a)Fishing piers leased, donated, and otherwise obtained by TWRA shall also be governed by this

rule.

History

• Authority: T.C.A. §§70-1-206 and 70-4-107.
• Administrative History: Original rule filed August 9, 1993; effective October 23, 1993.

Tenn. Comp. R. & Regs. 1660-01-24-.02 RULES

(1)The use of fire buckets, charcoal heaters, kerosene heaters, or other devices that could cause damage to the structure is prohibited.

(2)Except for handicapped persons requiring a wheelchair or other mobility device, access to fishing piers will be restricted to walking. Bicycles, motorcycles, and all terrain vehicles are expressly prohibited.

(3)Tying or mooring boats to fishing piers is prohibited.

(4)The use of fishing piers for sunbathing, swimming, diving, and for other activities which would interfere with fishing is prohibited.

(5)Trash, litter, and other personal property shall be removed by the fisherman upon leaving the pier.

(6)The defacing of a fishing pier with knives, axes, paint, and other implements or materials is specifically prohibited.

(7)Disorderly conduct and/or use of intoxicants and/or other behavior modifying substances are prohibited.

(8)Handicapped parking zones, as posted, shall only be used by handicapped individuals.

History

• Authority: T.C.A. §§70-1-206 and 70-4-107.
• Administrative History: Original rule filed August 9, 1993; effective October 23, 1993.

Chapter 1660-01-25 Repealed

Tenn. Comp. R. & Regs. 1660-01-25-.01 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-219.
• Administrative History: New rule filed May 22, 2008; effective August 5, 2008. Amendment filed July 10, 2009; effective October 8, 2009. Amendments filed February 9, 2015; effective May 10, 2015. Repeal filed February 26, 2020; effective May 26, 2020.

Chapter 1660-01-26 Rules and Regulations for Fish Farming, Catch-Out Operations, and Bait Dealers

Tenn. Comp. R. & Regs. 1660-01-26-.01 DEFINITIONS

(1) ”Agency” or “TWRA” means the Tennessee Wildlife Resources Agency.

(2) “Fish Farming” means the business of rearing for sale legal species of fish and other aquatic life or the selling of legal species of fish and other aquatic life reared in private facilities.

Selling may be by direct purchase or by catch-out operations.

(3) “Catch-Out Operation” means the business of making-legal species of fish placed in a pond, tank, or other constructed container available to persons wishing to purchase them after catching them by legal sport fishing methods. Sport fishing licenses are not required of customers, and statewide creel and size limits do not apply. The season is open year-round.

A catch-out operation may be located at sites other than a fish farm.

(4) “Bait Dealer” means the business of capturing legal species of fish and other aquatic life for the purpose of sale as bait, or the business of selling legal species of fish and other aquatic life for bait.

(5) “Person” means the plural as well as the singular, as the case demands, and includes individuals, associations, partnerships, firms, or corporations.

(6) “Fish” means any life stage of any fish species, from egg through adult.

(7) “Fish Farm” means a tract of land, including associated waters within, with an unbroken exterior boundary where fish farming occurs.

(8) “Facility” means a body of water, building, or area contained within an unbroken tract of land where fish are reared or used for the purpose of buying or selling legal species of fish and other aquatic life; as opposed to merely where fish and other aquatic life are caught or harvested.

(9) “Waters” means any and all water, public or private, on or beneath the surface of the ground, contained within, flow through, or bordering upon the State of Tennessee or any portion thereof.

(10) “Import” means to transport, cause to be transported, or deliver to any person for the purpose of transportation from any place outside this state to any place in this state.

(11) “Export” means to transport, cause to be transported or deliver to any person for the purpose of transporting from any place in this state to any place outside of this state.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-221.
• Administrative History: Original rule filed March 30, 1994; effective June 13, 1994. Amendments filed November 18, 2019; effective February 16, 2020.

Tenn. Comp. R. & Regs. 1660-01-26-.02 GENERAL PROVISIONS

(1) All statues, rules, and proclamations must be followed when procuring bait fish and other aquatic life from the wild and when importing bait fish and other aquatic life.

(2) Fish used in catch-out operations must be reared fish or must be wild fish obtained by commercial fishers.

(3) Fish from states having endemic disease problems in wild populations or hatchery stocks that could present a health hazard to native wildlife or the public are specifically prohibited from being imported, except for shipments that have been approved by the Executive Director of the TWRA.

(4) A Fish Dealer’s License is not required for the construction of a facility.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-221.
• Administrative History: New rule filed November 18, 2019; effective February 16, 2020.

Tenn. Comp. R. & Regs. 1660-01-26-.03 FISH FARMING

(1) Any person, firm, or corporation, before engaging in the business of fish farming, must purchase a Fish Dealer’s License. A separate license is required for each fish farm.

(2) The following species are approved for use in fish farming operations:

(a) Common Name Scientific Name Skipjack Herring Alosa chrysochloris Gizzard Shad Dorosoma cepedianum Threadfin Shad Dorosoma petenense Goldfish Carassius auratus Fathead Minnow Pimephales promelas Golden Shiner Notemigonus crysoleucas Sunfish Lepomis spp. and their hybrids Rainbow Trout Oncorhynchus mykiss Brown Trout Salmo trutta Atlantic Salmon Salmo salar Channel Catfish Ictalurus punctatus Blue Catfish Ictalurus furcatus Channel x Blue Catfish Ictalurus punctatus x Ictalurus furcatus Flathead Catfish Pylodictis olivaris Largemouth Bass Micropterus nigricans Florida Bass Micropterus salmoides Largemouth x Florida Bass Micropterus nigricans x M. salmoides Smallmouth Bass Micropterus dolomieu Hybrid Striped Bass Morone chrysops x M. saxatilis Black Crappie Pomoxis nigromaculatus White Crappie Pomoxis annularis Black x White Crappie Pomoxis nigromaculatus x P. annularis Blue Tilapia Oreochromis aureus Wami Tilapia Oreochromis urolepis Nile Tilapia Oreochromis nilotica Mozambique Tilapia Oreochromis mossambica Common Carp and Koi Cyprinus carpio (b) Triploid Grass Carp (Ctenopharyngodon idella) certified by the United States Fish and Wildlife Service.

(c) Sunfish (Bream) four inches (4”) in length or smaller may be sold for bait.

(d) Species of fish and aquatic life other than those listed may be used in fish farming with written approval of the Executive Director of the TWRA.

(3) Fish farming facilities must be constructed to prevent the movement of fish into or out of the facility.

(4) Approved species may be sold live for stocking private ponds and lakes.

(5) All fish and other aquatic life sold, donated, delivered, or otherwise disposed of, must be accompanied by an invoice that includes:

(a) The signature of the licensee or his/her agent;

(b) The name, license number, and location of the fish farm;

(c) The date of sale or delivery;

(d) The species and number of fish delivered; and (e) The name and address of the person receiving the fish or other aquatic life.

(6) All invoices issued by a fish farming operation must be consecutively numbered.

(7) The licensee shall retain a copy of the invoice for a period of one year after issuance, and shall make the copy available for inspection by any representative of the TWRA.

(8) Any person transporting or possessing fish obtained from a fish farm must have a copy of the invoice on their person.

(9) Live catfish 34 inches or longer harvested from the wild may not be imported for use in the facility.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-221.
• Administrative History: Original rule filed March 30, 1994; effective June 13, 1994. Amendment filed January 5, 2001; effective March 22, 2001. Rule was previously numbered 1660-01-26-.02 but was renumbered 1660-01-26-.03 with the introduction of a new rule 1660-01-26-.02. Amendments filed November 18, 2019; effective February 16, 2020. Amendments filed July 2, 2025; effective September 30, 2025.

Tenn. Comp. R. & Regs. 1660-01-26-.04 CATCH-OUT OPERATION

(1) Before engaging in the business of a catch-out operation, a person, firm, or corporation must purchase a Fish Dealer’s License. A separate license is required for each catch-out operation.

(2) The following species are approved for use in catch-out operations:

(a) Common Name Scientific Name Rainbow Trout Oncorhynchus mykiss Brown Trout Salmo trutta Atlantic Salmon Salmo salar Channel Catfish Ictalurus punctatus Blue Catfish Ictalurus furcatus Flathead Catfish Pylodictis olivaris Common Carp Cyprinus carpio (b) Triploid Grass Carp (Ctenopharyngodon idella) certified by the United States Fish and Wildlife Service.

(c) Species of fish and aquatic life other than those listed may be used in a catch-out operation with written approval of the Executive Director of the TWRA.

(3) Catch-out facilities must be constructed to prevent the movement of fish into or out of the facility.

(4) Fish used in catch-out operations must be reared fish or must be wild fish obtained by commercial fishers.

(5) Live catfish 34 inches or longer harvested from the wild may not be imported for use in the facility.

(6) Whenever the owner or operator of any catch-out operation sells, donates, delivers, or otherwise disposes of any fish, alive or dressed, the owner or operator shall immediately issue to the person receiving such fish an invoice that includes:

(a) The signature of the licensee or his/her agent;

(b) The name, license number, and location of the catch-out operation;

(c) The date of sale or delivery;

(d) The species and number of fish delivered; and (e) The name and address of the person receiving the fish.

(7) All invoices issued by a catch-out operation must be consecutively numbered.

(8) The owner or operator of the catch-out operation shall retain a copy of the invoice and make the copy available for an inspection by any representative of the TWRA.

(9) Any person transporting or possessing fish obtained from a catch-out operation must have a copy of the invoice on their person.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-221, 70-4-107, and 70-4-201.
• Administrative History: Original rule filed March 30, 1994; effective June 13, 1994. Rule was previously numbered 1660-01-26-.03 but was renumbered 1660-01-26-.04 with the introduction of a new rule 1660-01-26-.02. Amendments filed November 18, 2019; effective February 16, 2020. Amendments filed July 2, 2025; effective September 30, 2025.

Tenn. Comp. R. & Regs. 1660-01-26-.05 BAIT DEALER

(1) Before engaging in the business of a bait dealer, a person, firm, or corporation must purchase a Fish Dealer’s License. In addition, any person assisting in the capture of bait fish and other aquatic life approved for sale must possess a Fish Dealer’s License. A separate license is required for each bait dealer location where bait is sold.

(2) The following species are approved for sale as live or dead bait:

(a) Common Name Scientific Name Skipjack Herring Alosa chrysochloris Gizzard Shad Dorosoma cepedianum Threadfin Shad Dorosoma petenense Goldfish Carassius auratus Fathead Minnow Pimephales promelas Golden Shiner Notemigonus crysoleucas Sunfish Lepomis spp. and their hybrids Rainbow Trout Oncorhynchus mykiss (b) Sunfish (Bream) 4” in length or smaller may be sold for bait;

(3) The following species are approved for sale as dead bait:

(a) Common Name Scientific Name Brook Silverside Labidethes sicculus Inland Silverside Menidia beryllina Silver Carp Hypophthalmichthys molitrix Bighead Carp Hypophthalmichthys nobilis Black Carp Mylopharyngodon piceus Grass Carp Ctenopharyngodon idella (b) Any fish species that is not native to Tennessee and is imported in a preserved state (e.g. frozen, salted, pickled or dried).

(4) Approved species may be imported by licensed bait dealers into Tennessee or exported from Tennessee as live or dead bait;

(5) Licensed bait dealers can harvest and sell approved species as live or dead bait in Tennessee;

(6) Whenever a licensed bait dealer sells, donates, delivers or otherwise disposes of Rainbow Trout, alive or dressed, the dealer shall immediately issue to the person receiving Rainbow Trout an invoice that includes:

(a) A signature by the licensee or his/her agent;

(b) Consecutive numbers;

(c) The name, license number, and location of the bait dealer;

(d) The date of sale or delivery date;

(e) The species and number of fish sold; and (f) The name and address of the person receiving the fish.

(7) All invoices issued by a bait dealer must be consecutively numbered.

(8) A licensed bait dealer shall retain a copy of the invoice for a period of one year after issuance and make the copy available for an inspection by any representative of the TWRA.

(9) Any person transporting or possessing Rainbow Trout obtained from a licensed bait dealer for bait must have a copy of the invoice on their person.

(10) Bait dealers cannot harvest Sunfish (Bream) or Rainbow Trout from public waters for sale as bait.

(11) Amphibians and crayfish may not be sold as bait.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-221.
• Administrative History: Original rule filed March 30, 1994; effective June 13, 1994. Amendment filed January 5, 2001; effective March 22, 2001. Rule was previously numbered 1660-01-26-.04 but was renumbered 1660-01-26-.05 with the introduction of a new rule 1660-01-26-.02. Amendments filed November 18, 2019; effective February 16, 2020.

Tenn. Comp. R. & Regs. 1660-01-26-.06 INSPECTIONS

(1) Any person, firm, or corporation possessing a Fish Dealer’s License shall allow, during normal business hours and at reasonable times, any officer or employee of the agency to inspect all wildlife facilities and records relating to such wildlife for the purpose of ensuring compliance with the provisions of this rule.

(2) Any holder of a Fish Dealer’s License shall make available to TWRA personnel any specimens needed for virus and parasite analysis. If any specimen tested is found to contain a virus or parasite, then the TWRA may cause the specimen in question to be destroyed without being liable for damage from such destruction.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-212, and 70-2-221.
• Administrative History: Original rule filed November 18, 2019; effective February 16, 2020.

Chapter 1660-01-27 Rules and Regulations for Hunter Education Centers and Public Firing Ranges

Tenn. Comp. R. & Regs. 1660-01-27-.01 PUBLIC USAGE

(1) The state operated Hunter Education Centers are open to the general public for use subject to the following rules:

(a) Unattended vehicles shall not be left in such a manner as to deprive or interfere with parking areas or access roads. Offending vehicle(s) may be towed and the driver(s) issued a citation.

(b) No person, or persons, shall deface, damage, destroy or remove any equipment, structure, trees, fruits, nuts, crops, or other plants dirt gravel or sod on the area controlled by the Tennessee Wildlife Resources Agency.

(c) No garbage, rubbish, litter or any refuse, sewage or other material which would pollute said areas or render them unsatisfactory or unsanitary shall be left on the area.

(d) No species of wildlife may be molested or hunted on the area unless authorized by the Tennessee Wildlife Resources Commission.

(e) Shooting positions will be allocated on a first-come, first-serve basis.

(f) Only the shooter and/or coach may be on the firing line. All others must remain in designated areas for non-shooters.

(g) Other uses of the Hunter Education Facilities are subject to approval of the range manager.

(h) All incidents resulting in the injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the manager. This report does not relieve persons from the responsibility of making any other accident report that may be required under state law.

History

• Authority: T.C.A. § §70-1-206 and 70-2-224.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Amendments filed July 11, 2011; effective October 9, 2011.

Tenn. Comp. R. & Regs. 1660-01-27-.02 USE PERMITS – FEES

(1) Use Permits – Fees (a) Before any adult may shoot at a Hunter Education Center, such adult must possess a valid permit. This permit must be available for inspection while using the range.

(Rule 1660-01-27-.02, continued\ (b) Permit fees will be established for each individual center.

(c) Persons utilizing classrooms or other facilities at hunter education centers will be subject to the same permit fees as shooters unless waived or otherwise specified in this chapter for a particular range.

(d) The Executive Director of the Tennessee Wildlife Resources Agency may allow exceptions to and/or waive use permits and fees for hunter education centers and agency ranges.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Amendment filed July 11, 2011; effective October 9, 2011. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule was filed March 27,. 2015; new effective date July 1, 2015.

Tenn. Comp. R. & Regs. 1660-01-27-.03 GENERAL RULES

Violation of the following rules may result in a citation and/or expulsion from the range:

(1) WATCH THAT MUZZLE. Keep the muzzle of any firearm pointed in a safe direction at all times. Additional site specific rules may be posted to further clarify muzzle safe zones other than down range such as designated loading areas for muzzle loaders.

(2) TREAT EVERY FIREARM AS IF IT WERE LOADED AT ALL TIMES. It might be even if you think it isn’t.

(3) BE SURE OF THE TARGET AND WHAT IS IN FRONT OF IT AND BEYOND IT. Make sure you have an adequate backstop-don’t shoot at a flat hard surface or water. Safety zones are defined as an area of protection which may have restricted activities around buildings, firing and archery ranges, roads and other designated areas. All target practice is prohibited except at the designated ranges provided. All unauthorized trespass in the range area is prohibited. Driving into the woods, fields or glades is prohibited.

(4) KEEP YOUR FINGER OFF THE TRIGGER AND OUTSIDE THE TRIGGER GUARD UNTIL

READY TO SHOOT. This is the best way to prevent an accidental discharge.

(5) CHECK YOUR BARREL AND AMMUNITION. Make sure the barrel and action are clear of obstructions and carry only the proper ammunition for your firearm. Furthermore, armor piercing ammunition, tracers or any other type of explosive or incendiary ammunition is prohibited.

(6) UNLOAD FIREARMS WHEN NOT IN USE. Leave actions open; carry firearms in cases and unloaded to and from the shooting area. Participants may not carry loaded firearms while within the facilities. Firearms may only be loaded while at the designated shooting stations.

(7) POINT A FIREARM ONLY AT SOMETHING YOU INTEND TO SHOOT. Avoid all horseplay with a gun. Acts of disorderly or unsafe conduct, including acts which interfere with the orderly processes conducted at the Hunter Education Center are prohibited.

(8) DON’T RUN, JUMP OR CLIMB WITH A LOADED FIREARM. Always pull a firearm toward you by the butt, not the muzzle.

(9) STORE FIREARMS AND AMMUNITION SEPARATELY AND SAFELY. Store each in secured locations beyond the reach of children and careless adults.

(Rule 1660-01-27-.03, continued (10) AVOID ALCOHOLIC BEVERAGES BEFORE OR DURING SHOOTING. Participants may not possess any alcoholic beverage, narcotic drug, barbiturate, marijuana or other behavior modifying substance while on the area. No individual may be under the influence of these substances including legal prescription medications at any time while within the facilities.

(11) Because all firing ranges are unique and site specific, each individual range will operate on a Standard Operating Procedure (SOP) which will be posted onsite. This SOP will outline numerous aspects of range operation and other site specific items.

(12) Eye and hearing protection must be worn while on or in the firing range area.

(13) All participants must check in through the range office.

(14) Youth under 16 years of age must be accompanied and supervised by an adult at least 21 years of age at all times.

(15) Only approved paper targets may be used. Paper targets must be placed on frames provided by the Agency. All paper targets, expended rounds and litter must be removed from the range and placed in the appropriate trash and/or recycle receptacles provided.

(16) Range Safety Officers, where provided, will have control of range safety, activities and persons using the range.

(17) Range flags or other signaling devices will be displayed while the range is active.

(18) Domesticated animals are prohibited unless service related.

(19) Ranges are open only during posted days and hours. The Hunter Education Centers may be used for training or other activities as scheduled during off or non-peak days and hours. The standard individual fee rate will apply for all participants in training events or other activities except for those set out in the SOP. Special activities must be scheduled and approved by the range manager.

(20) Hunter Education classes are to be scheduled a minimum of two weeks in advance and hunter education class participants and instructors will not be charged a use fee for the classroom or the required live fire exercise.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Repeal and new rule filed July 11, 2011; effective October 9, 2011.

Tenn. Comp. R. & Regs. 1660-01-27-.04 REPEALED

History

• Authority: T.C.A. §§ 70-1-206, 70-2-224, and 70-4-107.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Amendment filed September 15, 2000; effective November 29, 2000. Amendment filed February 10, 2005; effective April 26, 2005. Amendment filed August 19, 2005; effective November 2, 2005. Amendment filed January 2, 2009; effective March 18, 2009. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule was filed March 27, 2015; new effective date July 1, 2015.

Tenn. Comp. R. & Regs. 1660-01-27-.05 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Amendment filed September 15, 2000; effective November 29, 2000. Amendment filed June 21, 2002; effective September 4, 2002. Amendment filed February 10, 2005; effective April 26, 2005. Amendment filed May 31, 2013; effective August 29, 2013. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule was filed March 27, 2015; new effective date July 1, 2015.

Tenn. Comp. R. & Regs. 1660-01-27-.06 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: New rule filed August 31, 2000; effective November 14, 2000. Amendment filed February 10, 2005; effective April 26, 2005. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule was filed March 27, 2015; new effective date July 1, 2015.

Tenn. Comp. R. & Regs. 1660-01-27-.07 REPEALED

History

• Authority: T.C.A. § 70-1-206 and §70-2-224.
• Administrative History: Original rule filed January 29, 2007; effective April 11, 2007. Amendment filed March 27, 2015; effective June 25, 2015. A six-day stay of the effective date of the rule was filed March 27, 2015; new effective date July 1, 2015.

Chapter 1660-01-28 Rules and Regulations Governing License and Permit Fees

Tenn. Comp. R. & Regs. 1660-01-28-.01 BASIC RESIDENT LICENSES AND FEES

Licenses and fees are set out as follows:

Description:

Resident Combination Hunting & Fishing License.................................................. $33.00 Resident Junior Hunting, Fishing & Trapping License...............................................$9.00 Resident Sportsman License............................................................................ $165.00 Resident Waterfowl License - Supplemental..........................................................$37.00 Resident Big Game Gun License - Supplemental................................................... $33.00 Resident Big Game Archery License - Supplemental.............................................. $33.00 Resident Big Game Muzzleloader License - Supplemental....................................... $33.00 Resident Trapping License................................................................................ $33.00 Resident County of Residence Fishing License - Except Trout.................................. $10.00 Resident 1-Day Fishing License - Except Trout........................................................$6.00 Resident Trout License - Supplemental............................................................... $21.00 Resident 1-Day Fishing License - All Species....................................................... $11.00 Resident South Holston Reservoir License - Supplemental.......................................$20.00 No resident of Tennessee shall be required to possess any of the licenses listed above when hunting on the 4th Saturday in August, known as free hunting day. Hunting is limited to those species on which there is an open season as proclaimed by the Tennessee Fish & Wildlife Commission.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, and 70-2-219.
• Administrative History: Original rule filed February 10, 2005; effective April 26, 2005. Amendment filed July 24, 2006; effective October 7, 2006. Amendment filed January 4, 2008; effective March 19, 2008. Amendment filed June 28, 2010; effective September 26, 2010. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.02 NON-RESIDENT LICENSES AND FEES

Licenses and fees are set out as follows:

Description:

Non-Resident Junior Hunting & Fishing License.................................................... $10.00 Non-Resident Small Game & Waterfowl Hunting License...................................... $110.00 Non-Resident 7-Day Small Game & Waterfowl Hunting License................................$61.00 Non-Resident All Game Hunting License............................................................$305.00 Non-Resident 7-Day All Game Hunting License................................................... $214.00 Non-Resident Fishing License - Except Trout....................................................... $49.00 Non-Resident 3-Day Fishing License - Except Trout.............................................. $20.00 Non-Resident 3-Day Fishing License - All Species................................................ $40.00 Non-Resident 10-Day Fishing License - Except Trout............................................. $30.00 Non-Resident 10-Day Fishing License - All Species............................................... $61.00 Non-Resident Fishing License - All Species......................................................... $98.00 Non-Resident 7-Day Junior All Game Hunting License........................................... $26.00 Non-Resident Junior All Game Hunting License.................................................... $41.00

History

• Authority: T.C.A. §§ 70-1-206, 70-2-202, and 70-2-219.
• Administrative History: Original rule filed February 10, 2005; effective April 26, 2005. Amendment filed January 4, 2008; effective March 19, 2008. Amendment filed June 28, 2010; effective September 26, 2010. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.03 WILDLIFE MANAGEMENT AREA AND DESIGNATED AREA PERMITS AND FEES

Permits and fees are set out as follows:

Description:

Reelfoot Waterfowl Blind Permit*........................................................................$61.00 Resident Annual High Impact Habitat Conservation Permit...................................... $73.00 Resident High Impact Habitat Conservation Permit - 1 Day..................................... $15.00 Non-Resident Annual High Impact Habitat Conservation Permit.............................. $232.00 Non-Resident High Impact Habitat Conservation Permit - 1 Day............................... $37.00 Coy Gaither-Bedford Lake Permit - 1 Day.............................................................. $6.00 Reelfoot Preservation Permit - 3 Days**............................................................... $10.00 Reelfoot Preservation Permit - Annual**............................................................... $16.00 Reelfoot Preservation Permit - 1 Day**..................................................................$3.00 WMA Waterfowl & Small Game Permit*............................................................... $61.00 WMA Waterfowl & Small Game Permit - 1 Day*................................................... $12.00 WMA Small Game Permit - Except Waterfowl - Annual*.......................................... $20.00 WMA Big Game Permit - Annual*....................................................................... $24.00 Cherokee WMA Big Game Permit, Non-Quota*.....................................................$18.00 Gatlinburg Trout Permit - 3 Day........................................................................... $9.00 Gatlinburg Trout License - 1 Day........................................................................ $11.00 Tellico/Citico Trout Permit - 1 Day....................................................................... $6.00 Gatlinburg Trout Permit - 1 Day...........................................................................$3.00 Quota Hunt Application Fee.............................................................................. $12.00 Field Trials - WMA (Per Trial)*........................................................................... $75.00 * Supplemental ** Supplemental if hunting, fishing or trapping No resident of Tennessee shall be required to possess any of the permits listed above when hunting on the 4th Saturday in August, known as free hunting day. Hunting is limited to those species on which there is an open season as proclaimed by the Tennessee Fish & Wildlife Commission.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-219, and 70-2-225.
• Administrative History: Original rule filed February 10, 2005; effective April 26, 2005. Amendment filed July 24, 2006; effective October 7, 2006. Amendment filed January 27, 2007; effective April 7, 2007. Amendment filed June 28, 2010; effective September 26, 2010. Amendment filed November 17, 2010; effective February 15, 2011. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.04 MISCELLANEOUS LICENSES, PERMITS AND FEES

Licenses, permits and fees are set out as follows:

Description:

Migratory Bird Permit (Harvest Inventory Permit).....................................................$1.00 Facility Fishing License .................................................................................. no cost Apprentice Hunter Education Exemption..............................................................$11.00 Hunter Education Field Day Exemption Fee (21 and over)....................................... $11.00 Resident Senior Commercial Fisher License....................................................... no cost Resident Commercial Fisher License................................................................ $244.00 Commercial Helper License - Fishing................................................................ $244.00 Non-Resident Commercial Fisher License....................................................... $1,220.00 Resident Commercial Musseler License............................................................ $244.00 Non-Resident Commercial Musseler License................................................... $1,220.00 Resident Commercial Roe Fish Permit - Supplemental...................................... $1,220.00 Cultured Pearl License................................................................................ $1,220.00 Non-Resident Commercial Roe Fish Permit - Supplemental................................ $1,830.00 Resident Wholesale Roe Fish Permit................................................................ $610.00 Non-Resident Wholesale Roe Fish Dealer....................................................... $1,220.00 Wholesale Fish Dealer’s License......................................................................$610.00 Wholesale Mussel Dealer’s License.................................................................. $610.00 Non-Resident Fish Dealer’s License................................................................. $610.00 Falconry General Permit - Supplemental............................................................. $73.00 Resident Fish Dealer’s License..........................................................................$62.00 Commercial Bow License - Fishing.................................................................... no cost Non-Resident Trapping License....................................................................... $200.00 Fur Buyer License ......................................................................................... $183.00 Falconry Apprentice Permit - Supplemental.......................................................... $73.00 Falconry Master Permit - Supplemental............................................................... $73.00 Commercial Wildlife Preserve - Big Game Permit................................................ $366.00 Commercial Wildlife Preserve - Small Game Permit............................................. $183.00 Taxidermist Permit........................................................................................ $122.00 Animal Importation Permit - One Shipment...........................................................$31.00 Animal Importation Permit - Annual.................................................................. $244.00 Permanent Exhibitor Permit.......................................................................... $1,220.00 Temporary Exhibitor Permit............................................................................ $305.00 Resident Senior Citizen Combination Hunting & Fishing License................................ $4.00 Resident Permanent Senior Citizen Combination Hunting & Fishing License............... $49.00 Resident Annual Senior Citizen Sportsman License............................................... $49.00 Resident Annual Sport Combination Hunting & Fishing License Certified Physically or Mentally Disabled (under 18) ***................................... $5.00 Resident Permanent Sport Combination Hunting & Fishing License Certified Intellectually Disabled ****............................................................ $10.00 Personal Possess Permit, Class I - One Animal................................................... $183.00 Personal Possess Permit, Class I - Entire Facility..............................................$1,830.00 Personal Possession Permit, Class II - One Animal............................................... $31.00 Personal Possession Permit, Class II - Entire Facility........................................... $305.00 Propagation Facility Permit, Small Game/Waterfowl............................................... $61.00 Propagation Facility Permit, Class II - Except Small Game/Waterfowl...................... $305.00 Propagation Facility Permit, Class I.................................................................$3,050.00 Resident Permanent Sport Combination Hunting & Fishing License Permanent Wheelchair Restricted.............................................................. $10.00 Slat Basket Tag Permit.....................................................................................$10.00 TWRA Lake Fishing Permit - 1 Day...................................................................... $6.00 TWRA Lake Boat Rental Permit - 1 Day.............................................................. $10.00 Annual TWRA Lake Fishing Permit..................................................................... $48.00 Lake Halford Permit - 1 Day............................................................................... $6.00 Annual Lake Halford Permit.............................................................................. $48.00 Replacement License or Permit - Cost for replacement of one license or permit in a single transaction .................................................................................... $7.00 Replacement License or Permit $1.00 - Cost for replacement of each additional license or permit in a single type 194 transaction...................................................... $1.00 Resident Permanent Sport Fishing License - Certified Blind.................................... $10.00 Resident Permanent Sport Combination Hunting & Fishing License (Sport Fishing and Hunting License) - Disabled Veterans............................... $10.00 Resident Permanent Sport Fishing License - Persons Drawing Social Security Benefits Due to Intellectual Disability.......................................................... $10.00 Hunter Education Replacement Card................................................................... $7.00 Resident Mississippi River Roe Fish Permit - Supplemental................................. $1,000.00 Resident West/Middle Tennessee Roe Fish Permit - Supplemental.......................$1,000.00 Resident East Tennessee Roe Fish Permit - Supplemental................................. $1,000.00 Non-Resident Mississippi River Roe Fish Permit - Supplemental.......................... $1,500.00 Non-Resident West/Middle Tennessee Roe Fish Permit - Supplemental................ $1,500.00 Non-Resident East Tennessee Roe Fish Permit - Supplemental........................... $1,500.00 Resident Commercial Turtle Permit - Supplemental............................................... no cost Non-Resident Commercial Turtle Permit - Supplemental........................................ no cost ***Pursuant to T.C.A. § 70-2-104(e)(4), it shall be denoted on the license that the person is disabled. ****Pursuant to T.C.A. § 70-2-104(a)(3)(C), it shall be denoted on the license that the hunter is intellectually disabled.

History

• Authority: T.C.A. §§ 64-1-810, 70-1-206, 70-2-104, 70-2-205, 70-2-208, 70-2-215, 70-2-219, 70-2-220, 70-2-221, and 70-2-301.
• Administrative History: Original rule filed February 10, 2005; effective April 26, 2005. Amendment filed July 29, 2005; effective October 12, 2005. Amendment filed September 29, 2006; effective December 13, 2006. Amendment filed February 26, 2007; effective May 12, 2007. Amendments filed October 5, 2012; to have become effective January 3, 2013. However, the Government Operations Committee filed a 29-day stay of the effective date of the rule on December 17, 2012; new effective date February 1, 2013. Amendment filed November 7, 2012; effective February 5, 2013. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.05 APPRENTICE HUNTER EDUCATION EXEMPTION - ELIGIBILITY AND

CONDITIONS.

(1) The Apprentice Hunter Education Exemption will be required for all hunters 10 years of age or older who have not completed the mandatory hunter education course as specified in T.C.A. § 70-2-108. The Apprentice Hunter Education Exemption will exempt the hunter for a period of one year from time of purchase from having to complete the mandatory hunter education course. This exemption can only be purchased three consecutive years in the lifetime of the hunter.

(2) Hunters who are required to possess the Apprentice Hunter Education Exemption must be accompanied by an adult 21 years of age or older, who must meet the hunter education requirements as specified in T.C.A. § 70-2-108.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-108.
• Administrative History: Original rule filed September 29, 2006; effective December 13, 2006. Amendment filed July 10, 2009; effective October 8, 2009. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.06 FACILITY FISHING LICENSE - ELIGIBILITY AND CONDITIONS

(1) This license is available at no cost upon written request by a representative employee of a facility located in Tennessee (i.e., hospital, residence or school) that desires to hold a recreational fishing event for residents, students or patients with physical or mental disabilities or for elderly group home residents as part of a medically approved therapy. A representative of the facility must supervise the participants at all times.

(2) Such written request must be sent to the Executive Director of TWRA at least two (2) weeks prior to the event. The license is good for only one fishing event or trip, not to exceed three (3) days. If further events or additional days are desired, another written request must be made. All fishing must be done in compliance with state laws, rules and regulations and proclamations.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-108(a).
• Administrative History: Original rule filed February 26, 2007; effective May 12, 2007.

Tenn. Comp. R. & Regs. 1660-01-28-.07 PERMITS AND FEES FOR TIER ONE HUNTER EDUCATION CENTERS AND

PUBLIC FIRING RANGES.

(1) Permits and Fees for Tier One Ranges:

Tier One Ranges shall include: Cheatham WMA, Catoosa WMA, Prentice Cooper WMA, North Cumberland WMA, Chuck Swan WMA, and Yanahli WMA firing ranges.

(a) Permit Fees:

1. Adult (16 years of age and older) - $5.00 per 2 hours.

2. Adult Annual Permit (16 years of age and older) - $100.00.

3. Classroom Permit - $50.00 per hour or $150 per day (up to 8 hours.)

4. Surcharge of $61.00 for after-hour use of facilities in addition to regular rates.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 1660-01-28-.08 PERMITS AND FEES FOR TIER TWO HUNTER EDUCATION CENTERS AND

PUBLIC FIRING RANGES.

(1) Permits and Fees for Tier Two Ranges:

Tier Two Ranges shall include: Stones River Hunter Education Center and Firing Range and John Sevier Hunter Education Center and Firing Range.

(a) Permit Fees:

1. Adult (16 years of age and older) - $7.50 per 2 hours.

2. Adult Annual Permit (16 years of age and older) - $150.00.

3. Classroom Permit - $50.00 per hour or $150 per day (up to 8 hours.)

4. Surcharge of $61.00 for after-hour use of facilities in addition to regular rates.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 1660-01-28-.09 PERMITS AND FEES FOR TIER THREE HUNTER EDUCATION CENTERS AND

PUBLIC FIRING RANGES.

(1) Permits and Fees for Tier Three Ranges:

Tier Three Ranges shall include Tennessee Wildlife Resources Agency Hunter Education Center and Firing Range (Bartlett).

(a) Permit Fees:

1. Adult (16 years of age and older) - $9.50 per hour.

2. Adult Annual Permit (16 years of age and older) - $300.00.

3. Classroom Permit - $50.00 per hour or $150 per day (up to 8 hours.)

4. Surcharge of $61.00 for after-hour use of facilities in addition to regular rates.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-224.
• Administrative History: Original rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 1660-01-28-.10 LICENSES FOR HUNTING, TRAPPING, AND FISHING GUIDE SERVICES

Licenses are set out as follows:

Description:

Resident Guide License............................................................................... $150.00 Non-Resident Guide License...........................................................................$650.00 A guide is any individual who accepts compensation for providing assistance to another in any act of hunting, fishing and/or trapping and shall be required to possess a guide license.

Entities employing individuals as guides may purchase such resident and non-resident guide licenses as may be necessary for its employees.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed March 27, 2015; effective June 25, 2015. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.11 NATIVE TENNESSEAN ANNUAL LICENSE

(1) Non-residents who were born in Tennessee may apply for Native Tennessean annual licenses, which provide non-residents who were originally born in the state but who no longer reside in the state, the opportunity to purchase annual Tennessee hunting/fishing/trapping licenses at the same cost as residents.

(2) Applicants for a Native Tennessean annual license must provide a certified copy of the original birth certificate showing that the applicant was born in the state of Tennessee and/or that the parent’s address was in the state of Tennessee at the time of birth as shown on the certified birth certificate, as well as a valid current photo identification.

(3) First-time applicants for the Native Tennessean annual license must submit their application to the Agency. Native Tennessean annual license will be identical to annual resident licenses sold by the Agency, but will be properly designated “Native Tennessean.”

(4) All regular annual licenses currently offered to residents will be made available to applicants who qualify as Native Tennesseans. Lifetime licenses will not be included in the Native Tennessean license program.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: New rule filed October 19, 2016; effective January 17, 2017. Amendments filed May 20, 2019; effective August 18, 2019. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.12 LIFETIME SPORTSMAN LICENSES

Lifetime sportsman licenses and fees are set out as follows:

Description:

Under three (3) years of age........................................................................... $320.00 Seven (7) years of age but less than thirteen (13) years of age.............................. $988.00 Thirteen (13) years of age but less than fifty-one (51) years of age....................... $1,976.00 Fifty-one (51) years of age but less than sixty-five (65) years of age..................... $1,153.00 Sixty-five (65) years of age or older.................................................................. $329.00 Three (3) years of age but less than seven (7) years of age................................... $659.00 Adopted under 13 years of age within 3 years of adoption.................................... $320.00

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-201.
• Administrative History: New rule filed January 26, 2021; effective April 26, 2021. Amendments filed March 21, 2023; effective June 19, 2023.

Tenn. Comp. R. & Regs. 1660-01-28-.13 EXPIRATION OF LICENSES AND PERMITS

(1) Pursuant to T.C.A. § 70-2-107, the traditional license year, beginning March 1 of each year and lasting until the last day of February the following year, is hereby abolished. An annual license system is established as set forth in paragraph (2).

(2) Each license or permit issued under these rules must be dated when issued. Each license or permit issued under these rules is valid for twelve (12) months after the date of issuance, except for the following:

(a) Lifetime sportsman license (Type 401, 402, 403, 404, 405, 406, and adoptive lifetime license created under T.C.A. § 70-2-201), which is valid from the date of issuance until the death of the license holder;

(b) Permanent license or permit (Type 166, 169, 189, 197, 198, and 199), which is valid from the date of issuance until the death of the license or permit holder;

(c) Falconry permit (Type 117, 122, and 123), which expires on June 30 of the third year from the date of issuance;

(d) Permit issued to a successful quota hunt applicant, which is valid for the period specified on the quota permit;

(e) Short-term license or permit (Type 21, 23, 36, 38, 65, 72, 74, 77, 78, 79, 80, 85, 88, 90, 92, 96, 97, 98, 99, and 191), which is valid for the period specified on the license or permit;

(f) Short-term range permit (Set forth in Tenn. Comp. R. & Regs. 1660-01-28-.07, -.08, and -.09), which is valid for the period specified on the permit;

(g) Migratory bird permit (Type 06) which is valid for the period specified on the permit; and (h) Permit for captive wildlife (Type 124, 125, 150, 160, 161, 170, 171, 172, 173, 174, 175, and 176), which expires on June 30 of each year.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-107.
• Administrative History: New rule filed November 16, 2021; effective February 14, 2022.

Tenn. Comp. R. & Regs. 1660-01-28-.15 DEER BAIT PRIVILEGE LICENSE

(1) A Deer Bait Privilege License is required for all persons hunting deer over bait and is supplemental to all other licenses and permits, including sportsman licenses.

(2) Fees are as follows:

(a) Resident - $50 (b) Non-Resident - $100

History

• Authority: T.C.A. §§ 70-1-206, 70-1-302, 70-2-201, 70-2-202, and 70-4-113.
• Administrative History: New rule filed April 23, 2026; effective July 22, 2026.

Chapter 1660-01-30 Commercial Fishing and Wholesale Fish Dealers

Tenn. Comp. R. & Regs. 1660-01-30-.01 LICENSES AND PERMITS

(1) A Commercial Fishing License is required by anyone engaging in commercial fishing. A commercial fisher with a valid Commercial Fishing License must be on board the vessel while commercial fishing for fish or turtles. Commercial fishers must have a valid commercial helpers permit for each person on board the vessel that is aiding or assisting in the act of commercial fishing.

(2) An individual who purchased a Resident Commercial Roe Fish Permit between March 1, 2006, and March 31, 2006, shall have priority to renew that permit by March 15 of each license year until he/she fails to renew such permit. An individual who purchased a Resident Commercial Roe Fish Permit between March 1, 2014, and November 1, 2014, shall have priority to renew that permit by March 15 of each license year until he/she fails to renew such permit. Beginning March 15, 2015, the number of Resident Commercial Roe Fish Permits were reduced on a year-by-year basis to a maximum of forty (40). Priority status does not apply to non-resident permits. Beginning July 1, 2023 through September 30, 2023, a regional Resident Mississippi River Roe Fish Permit - Supplemental, Non-Resident Mississippi River Roe Fish Permit - Supplemental, Resident West/Middle Tennessee Roe Fish Permit - Supplemental, Non-Resident West/Middle Tennessee Roe Fish Permit - Supplemental, Resident East Tennessee Roe Fish Permit - Supplemental and Non-Resident East Tennessee Roe Fish Permit - Supplemental will be sold to replace the existing Resident and Non-Resident Commercial Roe Fish Permit - Supplemental. Current Resident Commercial Roe Fish Permit - Supplemental(s) permittees will have priority to purchase one (1), two (2) or all three (3) of the Regional Resident Roe Fish Permits. If the maximum number of each Regional Resident Roe Permit - Supplemental is not purchased by September 30, 2023, any unsold Regional Resident Roe Fish Permit - Supplement will be sold via a drawing to be held on a single date to be determined by TWRA between October 1, 2023, through October 15, 2023. On October 15, 2023, a priority list for a Resident Mississippi River Roe Fish Permit - Supplemental, Resident West/Middle Tennessee Roe Fish Permit - Supplemental, Resident East Tennessee Roe Fish Permit - Supplemental will be established. An individual who purchased a Resident Mississippi River Roe Fish Permit - Supplemental, Resident West/Middle Tennessee Roe Fish Permit - Supplemental, Resident East Tennessee Roe Fish Permit - Supplemental on or before October 15, 2023, shall have priority to renew that permit by July 31 of each year until he/she fails to renew such permit.

The maximum number of Non-Resident Mississippi River Roe Fish Permit - Supplemental, Non-Resident West/Middle Tennessee Roe Fish Permit - Supplemental and Non-Resident East Tennessee Roe Fish Permit - Supplemental sold shall be three (3) in total. Non- Resident Roe Fishers can only purchase one (1) permit per individual.

Beginning July 31, 2024, the number of regional resident permittees will be reduced on a year-by-year basis to a maximum of fourteen (14) for the Mississippi River Roe Fish Permit - Supplemental, twenty-four (24) for the West/Middle Tennessee Roe Fish Permit - Supplemental and twelve (12) for the East Tennessee Roe Fish Permit - Supplemental when/if the maximum number of any of the three (3) Regional Resident Roe Fish Permit - Supplemental(s) is not purchased from July 1 through July 31 of each year. A commercial fisher with a valid Commercial Fishing License and a valid Mississippi River Roe Fish Permit - Supplemental, West/Middle Tennessee Roe Fish Permit - Supplemental and East Tennessee Roe Fish Permit - Supplemental must be on board the vessel while any part of a paddlefish or bowfin is harvested from the waters of the state. A wholesale fish dealer must have a valid Wholesale Fish Dealer’s License and a valid Wholesale Roe Fish Permit - Supplemental to buy, hold, or sell any part of a paddlefish or bowfin.

(3) The maximum number of Resident Commercial Turtle Permit - Supplemental(s) issued shall be thirty-five (35) and the maximum number of Non-Resident Commercial Turtle Permit - Supplemental(s) issued shall be three (3). An individual who purchased a Commercial Turtle Permit between March 1, 2012, and October 15, 2012, shall have priority to renew that permit by March 15 of each year thereafter until he/she fails to renew such permit.

Beginning July 1, 2023, through September 30, 2023, a Resident Commercial Turtle Permit - Supplemental and Non-Resident Commercial Turtle Permit - Supplemental shall be obtained to replace the existing Resident/Non-Resident Commercial Turtle Permit - Supplemental.

Current Resident Turtle Permit - Supplemental permittees shall have priority to obtain the Resident Commercial Turtle Permit - Supplemental. If the maximum number of each Resident Commercial Turtle Permit - Supplemental is not obtained by September 30, 2023, all remaining Resident Commercial Turtle Permit - Supplemental(s) will be issued via a drawing to be held on a single date to be determined by TWRA between October 1, 2023, through October 15, 2023. On October 15, 2023, a priority list for Resident Commercial Turtle Permit - Supplemental will be established. An individual who purchased a Resident Commercial Turtle Permit - Supplemental on or before October 15, 2023, shall have priority to renew that permit by July 31 of each year until he/she fails to renew such permit. Priority status does not apply to non-resident permittee(s). A commercial fisher with a valid Commercial Fishing License and a Resident Commercial Turtle Permit - Supplemental must be on board the vessel while any part of a turtle is harvested from the waters of the state. A wholesale fish dealer must have a valid Wholesale Fish Dealer’s License to buy, hold, or sell any part of a turtle.

(4) Commercially harvested paddlefish or parts thereof taken from the waters of the state and sold in state must be marketed to a licensed wholesale fish dealer who has a valid Wholesale Roe Fish Permit, Supplemental.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-301.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017. Amendments filed March 15, 2023; effective June 13, 2023.

Tenn. Comp. R. & Regs. 1660-01-30-.02 REPORT REQUIREMENTS

(1) Commercial fishers and wholesale fish dealers must have a valid phone number and street address on file with TWRA at all times. Commercial fishers and wholesale fish dealers are required to submit daily and/or monthly reports as requested to the TWRA, except for commercial fishers with a commercial bow license that are only required to submit an annual report as instructed.

(2) Commercial fishers are required to provide TWRA with requested information and samples for all fish or turtles (or parts thereof) which they harvest from Tennessee waters or import into Tennessee.

(3) Requested information shall be reported on report forms provided by TWRA. These forms must be completed within 24 hours of harvest or importation and/or a completed Daily Commercial Roe Fish Harvest Report must be submitted to the wholesale fish dealer at time of transaction.

(4) Paddlefish and bowfin harvest are only documented on the Daily Commercial Roe Fish Harvest Report.

(5) All other commercial fish harvested are only documented on the Monthly Commercial Fishing Report and turtles harvested are only documented on the Monthly Commercial Turtle Reports.

(6) Commercial fishers must notify TWRA on the appropriate form if they did not harvest fish or turtles (or parts thereof) during a month.

(7) Wholesale fish dealers are required to provide TWRA with requested information and samples for all fish or turtles (or parts thereof) which they receive from commercial fishers, wholesale fish dealers, or non-resident equivalents. Wholesale transactions are reported on the Monthly Wholesale Fish Dealer Report.

(8) Wholesale fish dealers must indicate the quantity of fish or turtles (or parts thereof) that they receive from a commercial fisher on reports issued by the commercial fisher and/or reports issued by TWRA.

(9) The wholesale fish dealer must record the raw drained egg weight (0.01 pounds) for each individual fish received with eggs indicated. The raw drained egg weight is the weight of the eggs after rinsing and draining that is used to calculate the percentage of salt added that would yield the salted processed weight.

(10) Wholesale fish dealers must sign and date these reports within 24 hours of receiving the product.

(11) Wholesale fish dealers must satisfy the commercial fishing reporting requirements as instructed by TWRA for non-residents who supply them with fish or turtles (or parts thereof) harvested out-of-state.

(12) Wholesale fish dealers must notify TWRA on the appropriate form if they did not receive fish or turtles (or parts thereof) during a month.

(13) Commercial fishers and wholesale fish dealers must retain a copy of all reports and forms for a period of two years, and make them available for inspection by TWRA.

(14) Commercial fishers and wholesale fish dealers must contact the Fisheries Division within 5 days upon purchasing a license and request the required forms.

(15) Commercial fishers importing or exporting commercial fish or turtles (or parts thereof) into or out of Tennessee must have bills of lading denoting the quantity of product, name and address of supplier, name of water body from which product was harvested, and date of import/export.

(16) A copy of the bill of lading must be in the possession of the person importing or exporting the product. Commercial fishers must retain a copy of each bill of lading for a period of two years, and make it available for inspection by TWRA.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-301.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017.

Tenn. Comp. R. & Regs. 1660-01-30-.03 RESIDENT ROE FISH PERMIT/SUPPLEMENT APPLICATION AND DRAWING

(1) A Resident Mississippi River Commercial Roe Fish Permit, Supplemental - Resident West/Middle Tennessee Commercial Roe Fish Permit - Supplemental and Resident East Tennessee Commercial Roe Fish Permit - Supplemental will only be available beginning in the year 2024 if the number of permits sold from July 1 through July 31 of each year is less than the maximum number for a Resident Mississippi River Commercial Roe Fish Permit - Supplemental, Resident West/Middle Tennessee Commercial Roe Fish Permit - Supplemental and Resident East Tennessee Commercial Roe Fish Permit - Supplemental.

The number of permits available in this drawing process will equal the difference between each Regional Resident Roe Fish Permits maximum number and the number sold by July 31 of each year. Between August 1 and August 15 of each year, priority Regional Resident Roe Fish Permit - Supplemental permittee(s) shall have the ability through a drawing to obtain any remaining permits not purchased by July 31 of each year. When/if a Resident Regional Roe Fish Permit - Supplement fall below the maximum number then whichever of the available Regional Resident Mississippi River Commercial Roe Fish Permit - Supplemental, Resident West/Middle Tennessee Commercial Roe Fish Permit - Supplemental and Resident East Tennessee Commercial Roe Fish Permit - Supplemental will be available for any resident commercial license holder via a drawing to be held on a single date to be determined by TWRA between October 1 through October 15 of each year.

(2) Applicants must be residents of the State of Tennessee, possess a valid Commercial Fishing License (Types 100 or 101) at the time of the drawing.

(3) The Resident Roe Fish Permit - Supplement drawing will be announced by TWRA. On drawing day, participating applicants must appear in person at TWRA’s Nashville office and complete an application supplied by TWRA between 9 a.m. and 11 a.m. (central time). One application is permitted per person. If more than one application is submitted by a person, then all applications from that individual will be excluded from the drawing.

(4) Applicants who are randomly selected by TWRA must purchase the one (1), two (2), or all three of the Regional Resident Permit - Supplement(s) within one hour. Selected applicants will be removed from the applicant pool for the duration of the drawing. Those failing to meet the purchasing requirements will forfeit the right to purchase the permit/supplement. A subsequent random drawing for the unpurchased roe fish permit/supplement will then occur from the remaining application pool.

(5) Those individuals that possess any of the Regional Resident Roe Fish Permit - Supplemental(s) shall have priority to renew that permit from July 1 through July 31 of each year until he/she fails to renew the permit.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-301.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017. Amendments filed March 15, 2023; effective June 13, 2023.

Tenn. Comp. R. & Regs. 1660-01-30-.04 RESIDENT TURTLE PERMIT - SUPPLEMENT APPLICATION AND DRAWING

(1) Resident Commercial Turtle Permit - Supplement will only be available beginning in the year 2024 if the number of permits issued from July 1 through July 31 of each year is less than thirty-five (35) Resident Commercial Turtle Permit - Supplement. The number of permits available in this drawing process will equal the difference between thirty-five (35) and the number issued by July 30. When/if a Resident Commercial Turtle Permit - Supplement falls below the maximum number then the available Resident Commercial Turtle Permit - Supplement will be available for any resident commercial license holder via a drawing to be held on a single date to be determined by TWRA between October 1 through October 15 of each year.

(2) Applicants must be residents of the State of Tennessee, possess a valid Commercial Fishing License at the time of the drawing.

(3) The Resident Commercial Turtle Permit - Supplement(s) drawing will be announced by TWRA. On drawing day, participating applicants must appear in person at TWRA’s Nashville office and complete an application supplied by TWRA between 9 a.m. and 11 a.m. (central time). One application is permitted per person. If more than one application is submitted by a person, then all applications from that individual will be excluded from the drawing.

(4) Applicants who are randomly selected by TWRA must purchase the Resident Commercial Turtle Permit - Supplement within one (1) hour. Selected applicants will be removed from the applicant pool for the duration of the drawing. Those failing to meet the purchasing requirements will forfeit the right to purchase the permit - supplement. A subsequent random drawing for the unpurchased Resident Commercial Turtle Permit - Supplemental(s) will then occur from the remaining application pool.

(5) Those individuals that possess a Resident Commercial Turtle Permit - Supplement shall have priority to renew that permit from July 1 through July 31 of each year until he/she fails to renew the permit.

History

• Authority: T.C.A. §§ 70-1-206 and 70-2-301.
• Administrative History: New rule filed March 15, 2023; effective June 13, 2023.

Chapter 1660-01-31 Commercial Musseling

Tenn. Comp. R. & Regs. 1660-01-31-.01 POSSESSION AND SALES OF UNDERSIZED SHELLS

(1) No person, firm, or corporation shall take, buy, sell, barter, or possess mussels (alive or dead) that are not of the species and sizes listed in the current Statewide Proclamation on the Commercial Taking, Possessing, and Selling of Mussels, or are not legalized by other proclamations, rules, or regulations. No person, firm, or corporation shall be in possession of non-processed freshwater mussels unless they have in their possession the required commercial musseling license, wholesale mussel dealer license, or pearl culturing license.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017.

Tenn. Comp. R. & Regs. 1660-01-31-.02 MUSSEL FEE

(1) A fee in the amount prescribed by law must be paid to the Tennessee Wildlife Resources Agency on mussels taken from Tennessee waters.

(a) The procedure for governing the collection of these fees on mussels that are sold to a resident wholesale mussel dealer is as follows:

1. The payment to TWRA shall be calculated from receipts filled out by the wholesale mussel dealer for each transaction. A Mussel Shell Summary Sheet reporting the receipt number, pounds of shells purchased for each transaction, calculated fee payable to TWRA, and the signature of the company official completing the report shall be completed and sent to TWRA by the 15th of the month following the monthly transaction period.

2. Wholesale mussel dealers are required to furnish the musseler with receipts for all mussels acquired on forms provided by TWRA. A receipt will be issued for each transaction when the transaction occurs, and will show the musseler's name, commercial mussel license number, pounds of shells bought by type, size category and harvest location as stated by seller, date of the transaction, signature of buyer or recipient, and signature of the seller.

3. A copy of each receipt shall be kept by the wholesaler for a period of 2 years, and be made available for inspection by TWRA during regular business hours. A copy of each receipt shall be given to the musseler. Musselers must keep their copy of the receipt for a period of 2 years, and make it available for inspection by TWRA.

4. A copy of each receipt issued during a month shall be furnished to TWRA at the Nashville Office by the 15th of the following month.

October, 2017 (b) The procedure governing the collection of these fees on mussels that are not sold to an in-state wholesale mussel dealer is set out as follows:

1. A mussel export form provided by TWRA must be completed by the mussel harvester giving pertinent information including the mussel harvester's name, commercial musseling license number, date of export, pounds of shells by size category, fee due, and money order number, cashier check number, or personal check number used as payment to TWRA.

2. A copy of the mussel export form shall be retained by the mussel harvester and must be on the shipper's person when crossing the state line. A money order, cashier's check, or personal check is the only acceptable means for making a fee payment to TWRA. The receipt or copy of the same from the cashier's check, money order, or personal check used to pay TWRA the fee must be retained by the harvester. The receipt or a copy thereof of the money order, cashier's check, or personal check must also be maintained by the person taking the mussels across the state line.

3. The original of the mussel export form and a cashier's check, money order, or personal check made out to TWRA for the fee amount must be mailed via U.S.

Postal Service to the TWRA, P.O. Box 40747, Nashville, TN 37204, before the mussels are transported or shipped across the state line.

4. Failure to fill out any part of the mussel export form or falsification of information shall be a violation.

5. The mussel harvester must retain copies of the mussel export form and copies of payment document (either money order receipt, copy of cashier's check or personal check, or the canceled personal check) for a period of two years and be made available for inspection by TWRA personnel.

(c) The procedure governing the collection of these fees on mussels that are purchased or otherwise obtained by a resident pearl culture business is as follows:

1. The payment to TWRA shall be calculated from receipts filled out by the pearl culture business for each transaction. A Mussel Shell Summary Sheet reporting the receipt number, pounds of shells purchased for each transaction, calculated fee payable to TWRA, and the signature of the company official completing the report shall be completed and sent to TWRA by the 15th of the month following the monthly transaction period.

2. A pearl culture business is required to furnish the musseler with receipts for all mussels acquired on forms provided by TWRA.

(i) A receipt will be issued for each transaction when the transaction occurs, and will show the musseler's name, commercial musseling license number, pounds of shells bought by type, size category and harvest location as stated by the seller, date of the transaction, signature of the buyer or recipient, and signature of the seller when the mussels obtained are not 3.0 inch to 4.0 inch "washboard" mussels.

(ii) A receipt will be issued for each transaction when the transaction occurs, and will show the musseler's name, commercial musseling license number, number of 3.0 inch to 4.0 inch "washboard" mussels, pounds of mussels purchased, pearl culture company name, date of the transaction, and signature of the company official purchasing the mussels.

October, 2017 3. A copy of each receipt shall be kept by the pearl culture business for a period of 2 years, and be made available for inspection by TWRA during regular business hours. A copy of each receipt shall be given to the musseler. Musselers must keep their copy of the receipt for a period of 2 years, and make it available for inspection by TWRA.

4. A copy of each receipt issued during a month shall be furnished to TWRA at the Nashville Office by the 15th of the following month.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017.

Tenn. Comp. R. & Regs. 1660-01-31-.03 IMPORTATION AND EXPORTATION

(1) All shipments of mussels imported into Tennessee by a person, firm, or corporation shall be accompanied by a bill of lading. The bill of lading shall provide the following:

(a) The signature of the person or purchasing agent of the firm or corporation importing the mussels;

(b) The signature of the person or purchasing agent of the firm or corporation that sold or otherwise provided the mussels to be imported;

(c) The date of shipment;

(d) The weight of mussels by size category;

(e) The origin of shipment including the name of the body of water where they were harvested; and (f) The destination of shipment.

(2) A copy of the bill of lading shall remain with the importing person, firm, corporation, or wholesale mussel dealer for a period of two years, and shall be made available to TWRA upon request.

(3) To export mussels from Tennessee, a completed bill of lading on forms provided by TWRA is required.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rules filed July 14, 2017; effective October 12, 2017.

Chapter 1660-01-32 Rules and Regulations for In Need of Management, Threatened, and Endangered Species

Tenn. Comp. R. & Regs. 1660-01-32-.01 ADOPTION OF FEDERAL ENDANGERED SPECIES ACT

(1) The Tennessee Wildlife Resources Agency hereby adopts by reference the species and subspecies protected by the Federal Endangered Species Act of 1973, as amended, 16 USCA, Chapter 35. A list of Tennessee’s federally threatened and endangered species under the Endangered Species Act may be found at 50 C.F.R. § 17.11 (August 25, 2025).

History

• Authority: T.C.A. §§ 70-1-206, 70-8-104, 70-8-105, 70-8-106, and 70-8-107.
• Administrative History: Original rules filed February 1, 2018; to have been effective May 2, 2018. However, the Government Operations Committee filed a 45-day stay on April 19, 2018; new effective date to have been June 16, 2018. On May 23, 2018, TWRA filed a 75-day stay; new effective date August 30, 2018. Amendments filed September 26, 2024; effective December 25, 2024. Amendments filed March 23, 2026; effective June 21, 2026.

Tenn. Comp. R. & Regs. 1660-01-32-.02 THREATENED AND ENDANGERED SPECIES LISTS AND RULES

(1) The following species or subspecies are listed as state endangered.

(a) Crayfish Common Name Scientific Name Big South Fork Crayfish Cambarus bouchardi Mountain Crayfish Cambarus conasaugaensis Conasauga Blue Burrower Cambarus cymatilis Valley Flame Crayfish Cambarus deweesae Chickamauga Crayfish Cambarus extraneus Speckled Crayfish Cambarus lentiginosus Obey Crayfish Cambarus obeyensis Pristine Crayfish Cambarus pristinus French Broad Crayfish Cambarus reburrus Flint River Crayfish Faxonius cooperi Tennessee Cave Crayfish Orconectes incomptus (b) Fish Common Name Scientific Name Western Sand Darter Ammocrypta clara Silverjaw Minnow Ericymba buccata Teardrop Darter Etheostoma barbouri Barrens Darter Etheostoma forbesi Striated Darter Etheostoma striatulum Tuscumbia Darter Etheostoma tuscumbia Coosa Chub Macrhybopsis etnieri Piebald Madtom Notorus gladiator Longhead Darter Percina macrocephala (c) Amphibians Common Name Scientific Name Streamside Salamander Ambystoma barbouri Eastern Hellbender Cryptobranchus alleganiensis Berry Cave Salamander Gyrinophilus gulolineatus Yellow-Spotted Woodland Salamander Plethodon pauleyi (d) Reptiles Common Name Scientific Name Kirtland’s Snake Clonophis kirtlandii Common Coachwhip Masticophis flagellum (e) Birds Common Name Scientific Name Bachman’s Sparrow Peucaea aestivalis (f) Mammals Common Name Scientific Name Southern Rock Vole Microtus chrotorrhinus carolinensis (g) Mollusks Common Name Scientific Name Cumberland Moccasinshell Medionidus conradicus Tennessee Pigtoe Pleuronaia barnesiana Tennessee Clubshell Pleurobema oviforme Salamander Mussel Simpsonaias ambigua (2) The following species or subspecies are listed as state threatened.

(a) Crayfish Common Name Scientific Name Bottlebrush Crayfish Barbicambarus cornutus Tennessee Bottlebrush Crayfish Barbicambarus simmonsi Short Mountain Crayfish Cambarus clivosus Hiwassee Crayfish Cambarus hiwasseensis Cumberland Block Crayfish Cambarus intermontanus Greensaddle Crayfish Cambarus manningi Midnight Blue Burrower Cambarus nyx Brawleys Fork Crayfish Cambarus williami Hatchie Burrowing Crayfish Creaserinus hortoni Surgeon Crayfish Faxonius forceps Blood River Crayfish Faxonius burri Crescent Crayfish Faxonius taylori Hardin Crayfish Faxonius wrighti Cumberland Plateau Cave Crayfish Orconectes barri Mammoth Cave Crayfish Orconectes pellucidus (b) Fish Common Name Scientific Name Lake Sturgeon Acipenser fulvescens Ashy Darter Allohistium cinereum Redlips Darter Allohistium maydeni Alligator Gar Atractosteus spatula Holiday Darter Etheostoma brevirostrum Crown Darter Etheostoma corona Coldwater Darter Etheostoma ditrema Flame Chub Hemitremia flammea Lined Chub Hybopsis lineapunctata Silver Lamprey Ichthyomyzon unicuspis Coppercheek Darter Nothonotus aquali Tippecanoe Darter Nothonotus tippecanoe Saddled Madtom Noturus fasciatus Blotchside Logperch Percina burtoni Bridled Darter Percina kusha Snail Darter Percina tanasi (c) Amphibians Common Name Scientific Name Reserved.

Reserved.

(d) Reptiles Common Name Scientific Name Rough Earthsnake Virginia striatula Alligator Snapping Turtle Macroclemys temminckii Mississippi Green Watersnake Nerodia cyclopion Slender Glass Lizard Ophisaurus attenuatus Coal Skink Plestiodon anthracinus Eastern Pine Snake Pituophis melanoleucus Pygmy Rattlesnake Sistrurus miliarius streckeri (e) Birds Common Name Scientific Name Henslow’s Sparrow Centronyx henslowii Golden-Winged Warbler Vermivora chrysoptera King Rail Rallus elegans Least Tern Sternula antillarum (f) Mammals Common Name Scientific Name Little Brown Bat Myotis lucifugus Tricolored Bat Perimyotis subflavus Eastern Spotted Skunk Spilogale putorius (g) Mollusks Common Name Scientific Name Green Floater Lasmigona subviridis

History

• Authority: T.C.A. §§ 70-1-206, 70-8-104, 70-8-105, 70-8-106, and 70-8-107.
• Administrative History: Original rules filed February 1, 2018; to have been effective May 2, 2018. However, the Government Operations Committee filed a 45-day stay on April 19, 2018; new effective date to have been June 16, 2018. On May 23, 2018, TWRA filed a 75-day stay; new effective date August 30, 2018. Amendments filed March 24, 2021; effective June 22, 2021. Amendments filed September 26, 2024; effective December 25, 2024. Amendments filed March 23, 2026; effective June 21, 2026.

Tenn. Comp. R. & Regs. 1660-01-32-.03 WILDLIFE IN NEED OF MANAGEMENT LIST AND RULES

(1) The following species or subspecies are listed as state wildlife in need of management.

(a) Crayfish Common Name Scientific Name Prickly Cave Crayfish Cambarus hamulatus Spiny Scale Crayfish Cambarus jezerinaci Cocoa Crayfish Cambarus stockeri Barren River Crayfish Faxonius barrenensis (b) Fish Common Name Scientific Name American Eel Anguilla rostrata Highfin Carpsucker Carpiodes velifer Tennessee Dace Chrosomus tennesseensis Blue Sucker Cycleptus elongatus Bigmouth Shiner Ericymba dorsalis Emerald Darter Etheostoma baileyi Chickasaw Darter Etheostoma cervus Tuckasegee Darter Etheostoma gutselli Redband Darter Etheostoma luteovinctum Lollypop Darter Etheostoma neopterum Egg-Mimic Darter Etheostoma pseudovulatum Firebelly Darter Etheostoma pyrrhogaster Arrow Darter Etheostoma sagitta Golden Topminnow Fundulus chrysotus Plains Minnow Hybognathus placitus Southern Brook Lamprey Ichthyomyzon gagei Smallscale Darter Nothonotus microlepidus Wounded Darter Nothonotus vulneratus Bedrock Shiner Notropis rupestris Tennessee Logperch Percina apina Frecklebelly Darter Percina stictogaster Riffle Minnow Phenacobius catostomus Southern Cavefish Typhlichthys subterraneus (c) Amphibians Common Name Scientific Name Cumberland Dusky Salamander Desmognathus abditus Northern Pygmy Salamander Desmognathus organi Junaluska Salamander Eurycea junaluska Tennessee Cave Salamander Gyrinophilus palleucus Big Mouth Cave Salamander Gyrinophilus palleucus necturoides Pale Salamander Gyrinophilus palleucus palleucus Four-Toed Salamander Hemidactylium scutatum Southern Crawfish Frog Lithobates areolatus Cumberland Plateau Salamander Plethodon kentucki Weller’s Salamander Plethodon welleri (d) Reptiles Common Name Scientific Name Smooth Softshell Apalone mutica Timber Rattlesnake Crotalus horridus Red-Bellied Mudsnake Farancia abacura Eastern Hog-Nosed Snake Heterodon platirhinos (e) Birds Common Name Scientific Name Grasshopper Sparrow Ammodramus savannarum Eastern Whip-poor-will Antrostomus vociferus Least Bittern Botaurus exilis Chimney Swift Chaetura pelagica Little Blue Heron Egretta caerulea Loggerhead Shrike Lanius ludovicianus Swainson’s Warbler Limnothlypis swainsonii Black-Crowned Night-Heron Nycticorax nycticorax Cerulean Warbler Setophaga cerulea Brown-Headed Nuthatch Sitta pusilla Bewick’s Wren Thryomanes bewickii (f) Mammals Common Name Scientific Name Star-Nosed Mole Condylura cristata Rafinesque’s Big-Eared Bat Corynorhinus rafinesquii Eastern Small-Footed Bat Myotis leibii Long-Tailed Weasel Neogale frenata Southern Appalachian Woodrat Neotoma floridana haematoreia Eastern Woodrat Neotoma floridana illinoensis Allegheny Woodrat Neotoma magister Hairy-Tailed Mole Parascalops breweri Eastern Water Shrew Sorex albibarbis Long-Tailed Shrew Sorex dispar Eastern Pygmy Shrew Sorex hoyi Southern Bog Lemming Synaptomys cooperi Meadow Jumping Mouse Zapus hudsonius

History

• Authority: T.C.A. §§ 70-1-206, 70-8-104, 70-8-105, 70-8-106, and 70-8-107.
• Administrative History: Original rules filed February 1, 2018; to have been effective May 2, 2018. However, the Government Operations Committee filed a 45-day stay on April 19, 2018; new effective date to have been June 16, 2018. On May 23, 2018, TWRA filed a 75-day stay; new effective date August 30, 2018. Amendments filed March 24, 2021; effective June 22, 2021. Amendments filed September 26, 2024; effective December 25, 2024. Amendments filed March 23, 2026; effective June 21, 2026.

Chapter 1660-01-33 Rules and Regulations Governing Tracking Wounded Deer

Tenn. Comp. R. & Regs. 1660-01-33-.01 TRACKING WOUNDED DEER REQUIREMENTS

The use of one dog may be used to locate a wounded deer under the following provisions:

(1) Deer season must be legally open.

(2) The dog must be maintained on a leash at all times and under the control of the hunter.

(3) Only weapons legal for hunting for that season are allowed while tracking with the dog.

(4) No weapons are permitted after legal shooting hours.

(5) If the hunter chooses to use the services of a handler, then the hunter must accompany the handler at all times while afield.

(6) The handler may only use one dog which must be leashed at all times and under the control of the handler. The handler is not required to possess a hunting license when providing this service to the hunter.

(7) If the season requires hunters to wear daylight fluorescent orange, then the accompanying handler should also wear daylight fluorescent orange for safety.

(8) If the deer travels off the property where it was legally shot, it is incumbent upon the hunter to obtain permission from any and all landowners to cross their property and/or to retrieve the deer.

(9) The hunter shall notify the appropriate regional office of the Agency before initiating any tracking effort with a dog. The hunter shall specify the location where the tracking will occur, including the county and physical address.

(10) Any tracking effort utilizing a dog shall terminate at midnight, local time.

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-118.
• Administrative History: Original rule filed December 10, 2018; effective March 10, 2019.

Chapter 1660-01-34 Rules and Regulations for Chronic Wasting Disease (CWD)

Tenn. Comp. R. & Regs. 1660-01-34-.01 CWD MANAGEMENT ZONES

(1) There is created CWD Management Zone 1 consisting of the following counties: Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton, Wayne and Weakley.

(2) If a cervid (any member of the family Cervidae) tests positive for CWD in a Tennessee county that is contiguous with a CWD Management Zone, then the county shall become part of the adjacent CWD Management Zone.

(3) If a cervid tests positive for CWD in a Tennessee county that is outside of and not contiguous with a CWD Management Zone, additional CWD Management Zone(s) may be created.

(4) The Agency shall maintain and publish on its website map(s) of CWD Management Zone(s).

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Emergency rules filed December 21, 2018; effective through June 19, 2019. Emergency rules expired effective June 20, 2019, and the rule reverted back to its previous status. Original rules filed May 15, 2019; effective August 13, 2019. Amendments filed March 13, 2023; effective June 11, 2023.

Tenn. Comp. R. & Regs. 1660-01-34-.02 EXPORTATION OF WILDLIFE CARCASSES, PARTS, AND PRODUCTS FROM A

CWD MANAGEMENT ZONE.

(1) No person may export a cervid carcass or carcass part harvested from within a CWD Management Zone unless:

(a) The carcass parts are meat that has bones removed;

(b) The carcass parts are antlers, antlers attached to cleaned skull plates, or cleaned skulls (where no meat or tissues are attached to the skull);

(c) The carcass parts are cleaned teeth;

(d) The carcass parts are finished taxidermy and antler products; or (e) The carcass parts are hides and tanned products.

(2) Notwithstanding paragraph (1), the following parties are authorized to transport cervid carcasses and carcass parts outside of a CWD Management Zone either to a laboratory or university certified to manage CWD material, or to a landfill for the necessary disposal of the carcasses and carcass parts, as long as current best management practices respecting such disposal are followed:

(a) A Tennessee-permitted waste management company;

(b) Staff from the Tennessee Wildlife Resources Agency; or (c) Any party with whom the Tennessee Wildlife Resources Agency expressly contracts for the transportation or disposal of cervid carcasses or carcass parts.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Emergency rules filed December 21, 2018; effective through June 19, 2019. Emergency rules expired effective June 20, 2019, and the rule reverted back to its previous status. Original rules filed May 15, 2019; effective August 13, 2019. Amendments filed March 13, 2023; effective June 11, 2023.

Tenn. Comp. R. & Regs. 1660-01-34-.03 FEEDING OF WILDLIFE WITHIN A CWD MANAGEMENT ZONE

(1) Within a CWD Management Zone, the placement of feed, grain, salt products, minerals, and other consumable natural and manufactured products is prohibited.

(2) The prohibition in subsection (1) does not apply to the following:

(a) Feed placed within one hundred (100) feet of any residence or occupied building;

(b) Feed placed in such a manner to reasonably exclude access by deer;

(c) Feed placed as part of a wild hog management effort authorized by the agency; or (d) Feed and minerals from normal agricultural practices, normal forest management practices, or crop and wildlife food production practices.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rules filed May 15, 2019; effective August 13, 2019. Rule was previously numbered 1660-01-34-.04 but was renumbered 1660-01-34-.03 with the deletion of original rule 1660-01-34-.03 filed March 13, 2023; effective June 11, 2023. Amendments filed March 13, 2023; effective June 11, 2023.

Chapter 1660-01-35 Rules and Regulations Governing Lake Halford

Tenn. Comp. R. & Regs. 1660-01-35-.01 PURPOSE

(1) The purpose of the rule is to establish guidelines and processes for the administration of Lake Halford (formerly Carroll County 1000 Acre Lake) as a TWRA Lake.

(2) These rules supplement all other law and rules applicable to the activities on Lake Halford and supersede all rules of the Carroll County Watershed Authority.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, 70-1-302, 70-2-203, and 70-2-225.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.02 GENERAL RULES

(1) General rules for the use of Lake Halford (a) The portion of the lake south of Tennessee Valley Authority power lines is designated as fishing only. Any vessel in this area must travel at no wake area speed.

(b) The boat ramp will open 30 minutes prior to sunrise and will close 30 minutes after sunset. The TWRA may change these times in certain circumstances for public safety.

Boat operation 30 minutes after sunset to 30 minutes before sunrise shall be at no wake area speed.

(c) Skiing, wakeboarding, tubing, or similar activities are prohibited inside of marker buoys for fishing, swimming, and no wake areas.

(d) The TWRA has the authority to close all or portions of the lake at its discretion.

(e) No person shall be under the influence or in the possession of any intoxicating beverages or drugs while on Lake Halford or adjacent TWRA property. Alcoholic beverages shall be limited to the designated camping location.

(f) The discharge of firearms or fireworks are prohibited.

(g) Hunting is prohibited on Lake Halford and adjacent TWRA property.

(h) Launching or retrieving of boats from any embankment or shore other than the main ramp is prohibited.

(i) Swimming is prohibited from fishing piers and platforms, marinas, courtesy docks, or around boat ramps.

June, 2023 2 (j) Vessels, as defined by Tenn. Code Ann. § 69-9-204, are prohibited in the swimming area.

(k) No person shall deface TWRA property, block access areas, cut trees, bushes, and shrubs or litter the area.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, 70-1-302, and 70-2-203.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.03 FISHING

(1) Fishing of Lake Halford (a) An appropriate state license shall be required as provided by the rules and regulations of the TWRA. All fishing must be in compliance with and governed by TWRA rules and regulations and laws of the State of Tennessee.

(b) Fishing from the swimming area is prohibited.

(c) No cleaning of fish shall take place on TWRA property except at designated areas.

(d) Fishing from the dam is prohibited.

(e) Fishing from the 50-foot buffer is prohibited except by permission of the adjacent property owner.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, 70-1-302, and 70-2-203.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.04 BEACHES AND SWIMMING

(1) Beaches and Swimming at Lake Halford (a) No lifeguard is on duty, swim at your own risk.

(b) Persons using the beaches shall obey the direction of TWRA personnel and posted rules.

(c) Swimming from the beaches is permitted only between sunrise and sunset.

(d) All swimmers shall observe all rules for the safety and enjoyment of all visitors.

(e) With the exception of service animals accompanying persons with disabilities, no animals are permitted on beaches.

(f) Glass and glass containers are not allowed on beaches.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, and 70-1-302.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.05 PARKS, PLAYGROUNDS, AND OUTDOOR RECREATION

(1) Use of Parks, Playgrounds, and Outdoor Recreation (a) The parks and playgrounds are available for use from sunrise to sunset.

(b) Visitors will be held responsible for damage to TWRA property.

June, 2023 3 (c) TWRA staff reserves the right to control, restrict, or limit the use of these amenities for group activities. Groups over twelve (12) people must have written permission from the TWRA Lake Manager to use these areas prior to the day of use.

(d) With the exception of service animals accompanying persons with disabilities, no animals are allowed in the parks, playgrounds, or in the Lake Headquarters area.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, and 70-1-302.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.06 DOCKS

(1) Docks on Lake Halford (a) All persons desiring docks must submit a written application to the TWRA Lake Manager and must receive written permission prior to any construction of the dock.

(b) Submitted dock plans shall include a drawing.

(c) Docks are allowed and will only be approved if they do not impede or present a hazard to boat traffic and meet all other guidelines and requirements as described herein.

(d) Fees for docks are as follows:

1. Landowner fee - One-time fee - $5,000.00 2. Community dock - One-time fee - ($5,000.00 x number of slips)

(e) A denial of a dock permit by the TWRA Lake Manager may be appealed, in writing, to the Executive Director as provided in relevant provisions of Tenn. Code Ann. §§ 4-5-301 et seq.

(2) General dock rules are as follows:

(a) Only one dock shall be permitted per waterfront lot, and no dock shall have more than two slips and two personal watercraft platforms.

(b) Private boat ramps are prohibited.

(c) Boat houses are prohibited.

(d) Docks shall not extend more than 25 feet into the water at normal lake level. Docks constructed in coves shall not extend more than one-third the distance to the opposite shore or 25 feet into the water, whichever is shorter. Any requests for more than 25 feet shall be considered individually by the TWRA.

(e) No docks shall be located within 15 feet from any neighbor's property line. Where this density requirement cannot be met, only community docks will be allowed. This would require waterfront lots to contain a minimum of 100 feet of shoreline if a dock is desired.

(f) Boat lifts and hoists shall be placed adjacent to or enclosed within a dock with a maximum of two boat lifts and hoists per dock.

(g) Boat lifts and hoists not placed adjacent to or enclosed within a dock shall be considered a dock and an additional dock will not be permitted.

June, 2023 4 (h) All docks shall be maintained and kept in good repair at the expense of the permittee. A new permit is not required for maintenance of docks provided that docks shall be returned to the originally permitted condition.

(3) Dock construction shall be consistent with the following:

(a) Wooden or metal-framed floating docks are preferred. Recycled plastic wood products are permitted. Only one dock per waterfront lot is permitted.

(b) Styrofoam encased in plastic (encapsulated foam) is required. Barrels are strictly prohibited.

(c) Permanent piers or pilings are discouraged. If pilings are necessary; they must be at least four inches (4”) in diameter. Anchoring devices may only be used directly beneath the dock and must not present a hazard to boaters or swimmers (d) The conversion of an uncovered dock to a covered dock is allowed with written permission from the TWRA Lake Manager.

(e) Dock bumpers can be a fire hose or commercial bumper material. No cut or uncut tires are allowed.

(f) Carpeting is permitted only on the top of the dock.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, 70-1-302, and 70-2-225.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Tenn. Comp. R. & Regs. 1660-01-35-.07 CAMPING

(1) Camping is allowed subject to the following:

(a) Camping is allowed with permission of the TWRA Lake Manager and is only allowed in designated areas.

(b) Quiet hours are 11 p.m. - 6 a.m.

(c) Speed limit in the park area is 15 mph.

(d) Pets must be on a leash of 6 feet or less and under physical control at all times while in the campground. Visitors are required to clean up after their pets for health and sanitation purposes. Pets must not be left unattended, and pets are not permitted on the beach, in designated swimming areas, bathrooms, and shower buildings.

(e) Campsite capacity shall be limited to a maximum of eight people per site and two vehicles.

(f) Maximum term of stay shall be 14 days.

(g) Possession of alcoholic beverages in open containers or consumption of any alcoholic beverages on TWRA property shall be limited to the designated camping locations.

History

• Authority: T.C.A. §§ 64-1-810, 69-9-201, et seq., 70-1-206, 70-1-302, and 70-2-225.
• Administrative History: New rules filed March 10, 2023; effective June 8, 2023.

Chapter 1660-01-36 Rules and Regulations Governing the Sale of Forestry Products

Tenn. Comp. R. & Regs. 1660-01-36-.01 PURPOSE

(1) The Agency may conduct sales of forestry products derived from agency owned property in accordance with the Agency’s statutory mission and in furtherance of its habitat and wildlife management responsibilities.

(2) The Agency will conduct the sale of forestry products consistent with the process established by the Tennessee Department of Agriculture’s Division of Forestry, and the Tennessee Department of General Services.

(3) The Agency will further comply with Tenn. Comp. R. & Regs. 0690-02-01-.18 when conducting sales of forestry products derived from agency owned property.

History

• Authority: T.C.A. §§ 70-1-206, 70-1-302, and 70-1-306(i).
• Administrative History: New rules filed December 1, 2023; effective February 29, 2024.

Tenn. Comp. R. & Regs. 1660-01-36-.02 DEFINITIONS

(1) “Forestry products” means any product derived from trees of the forest including processed or unprocessed logs, timber, and wood.

(2) “Commercially feasible sales” means the proposed area of forestry products has an accessible quantity of material that an appropriate and experienced contractor would likely be interested in bidding for the rights to harvest and purchase it.

(3) “Non commercially feasible sales” means the proposed area of forestry products does not have an accessible quantity of material that an appropriate and experienced contractor would likely be interested in bidding for the rights to harvest and purchase it.

(4) “Invitation to bid” means a procurement method where a contract is awarded to one or more bidders.

(5) “Sealed bids” means a respondent’s proposal, which is delivered to the State in a sealed envelope in response to the invitation to bid.

History

• Authority: T.C.A. §§ 70-1-206, 70-1-302, and 70-1-306(i).
• Administrative History: New rules filed December 1, 2023; effective February 29, 2024.

Tenn. Comp. R. & Regs. 1660-01-36-.03 SALE PROCEDURES

(1) The Agency’s procedures for the sale of forestry products are outlined as follows:

February, 2024 2 (a) Commercially feasible sales that are conducted to meet established objectives of habitat and wildlife management will be conducted as follows:

1. Such sales shall be under sealed bids, publicly advertised, opened, and recorded.

2. Notice of each sale shall be entered in at least one (1) newspaper of general circulation in the county or counties in which the sale is to be made. Invitations to bid shall specify the terms and conditions of the sale and the date the bids will be publicly opened and recorded, which shall be not less than twenty (20) days after the date of mailing, excluding Saturdays, Sundays, and holidays.

3. The bid of the highest responsible bidder who accepts the terms and conditions contained in the invitations to bid shall be selected.

4. The successful bidder shall be required to sign a timber sale contract at which time he will pay the full purchase price and post a performance bond equaling seven (7) percent of the sale price of the timber.

5. Payment of both of the above amounts shall be by certified or cashier’s checks, payable to the Tennessee Wildlife Resources Agency.

6. Official records of the sale will be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (a)1. through (a)5. above shall be forwarded to the State Surplus Property Division for review.

(b) The following procedures shall be followed when commercially feasible sales are conducted as a result of natural or man-made catastrophes, such as ice storms, wind storms, wildfire, or insect and disease attacks occur:

1. The Agency will notify prospective buyers when catastrophes occur that require emergency sales. Also, a notice of the sale will be entered in at least one (1) newspaper of general circulation in the county or counties in which the catastrophe occurred.

2. The Agency will establish a set price of fair market value for each forestry product in the sale which all contractors will be required to pay. The price of each product will be periodically reviewed and will be revised if deemed necessary. Adequate documentation shall be provided concerning the establishment of prices and shall be dated and signed by the official or officials establishing the prices. This documentation shall be made a part of the official records of the sale. The fair market value shall be determined by considering the following criteria:

(i) The character, condition, and location of the forestry products, (ii) The condition and climate of the potential market, (iii) Known prevailing market prices, (iv) The use of published industry value guides, (v) The use of estimates by persons knowledgeable of the type of forestry products to be sold, (vi) The immediacy of removal needs to avoid spoilage or conserve habitat.

February, 2024 3 3. All contractors will be required to sign a timber sale contract specifying the amount, time limit, the amount of performance bond, and other details of the sale.

4. Payments shall be made by certified or cashier’s checks payable to the Tennessee Wildlife Resources Agency.

5. Official records shall be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (b)1. through (b)4. above shall be forwarded to State Personal Property Utilization Division for review.

(c) The following procedures will be followed when sales are conducted which are not commercially feasible because they do not contain sufficient volume, or the timber is too scattered.

1. All timber involved in this type of sale will be harvested by the Agency personnel and sold at the highest price obtainable.

2. If possible, the Agency shall obtain three written bids. If not possible, documentation shall be provided setting out reasons why bids could not be obtained. This documentation shall be made a part of the official records of the sale.

3. All sales shall be approved in writing by the Executive Director and made a part of the official records of the sale.

4. The successful bidder will not be required to sign a timber sale contract or post a performance bond.

5. All checks shall be made payable to the Tennessee Wildlife Resources Agency.

6. Official records shall be maintained in the Tennessee Wildlife Resources Agency Main Office in Nashville. Copies of the documents described in (c)2. through (c)5. above shall be forwarded to State Personal Property Utilization Division for review.

History

• Authority: T.C.A. §§ 70-1-206, 70-1-302, and 70-1-306(i).
• Administrative History: New rules filed December 1, 2023; effective February 29, 2024.

Chapter 1660-01-37 Rules and Regulations Governing the Possession and Use of Raptors

Tenn. Comp. R. & Regs. 1660-01-37-.01 PURPOSE

(1) The Tennessee Wildlife Resources Agency (TWRA or Agency) recognizes the importance of consistency and balance that is necessary in concurrent federal and state regulatory areas. In addition to incorporating by reference the regulations published in the October 1, 2023, edition of Title 50 Code of Federal Regulations Part 21 and the regulations found in the October 1, 2023, edition of Title 50 Code of Federal Regulations Part 22, the following supplementary regulations are adopted in Tennessee.

(2) Except as additionally required herein, the Federal Regulations, found in the October 1, 2023, edition of Title 50 Code of Federal Regulations Part 21 and Part 22 shall take precedence and shall govern all aspects of falconry, raptor use, and raptor possession.

(3) In all aspects of raptor use, it shall be the responsibility of the individual engaged in the activities detailed in this regulation to have read and understood the federal regulations that this state

regulation incorporates and supplements.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-404, and 70-4-414.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.02 DEFINITIONS

(1) All definitions as they appear in T.C.A. 70-4-402 and the October 1, 2023, published edition of Title 50 Code of Federal Regulations Part 21 and 22 shall apply.

(2) “Bate” or “bating” means to flutter off the gauntlet (glove) or perch in an attempt to fly when the bird is restrained by jesses or leash.

(3) “Brancher” is a young raptor which has left the nest or eyrie, but which has not yet left the immediate vicinity.

(4) “Eyass” means a young raptor which is still in the eyrie (nest) and is not yet capable of flying.

(5) “Haggard” means a wild raptor which is greater than one year old.

(6) “Imping” means using a molted feather, or feather from a deceased raptor, to replace a broken feather of a raptor.

(7) “MBTA” means the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712).

(8) “Mews” means the building or room in which falconry raptors are kept, i.e., housing facilities.

April, 2025 2 (9) “Passager” or “Passage” means a raptor from the wild which is less than one year old and is not a nestling, brancher, or haggard.

(10) “Raptor” means a live migratory bird of the Order Accipitriformes, the Order Falconiformes, or the Order Strigiformes listed in 50 C.F.R. § 10.13, including the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos).

(11) “Sponsor” means a person who possesses a current General or Master falconry permit with at least two years experience at the General falconry permit level and who is responsible for individually instructing and training an apprentice falconer in the fundamentals of falconry.

(12) “Possession” and short-term handling of a falconry raptor. We do not consider short-term handling, such as letting any other person hold or practice flying a raptor you possess under your permit, to be possession for the purposes of this section if you are present and the person is under your supervision.

(13) “Take” means to trap or capture or attempt to trap or capture a raptor for the purpose of falconry.

(14) “Transfer" means the change of possession of a raptor from one permittee to another by mutual agreement, i.e., the transfer of ownership in contrast to loaning a raptor.

(15) “Weathering area” means an outdoor facility that exposes raptors to environmental conditions.

History

• Authority: T.C.A. §§ 70-1-206, 70-4-402, and 70-4-414.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.03 FALCONRY PERMITS

(1) Each individual engaged in falconry, identified in these rules as “falconer” or “permittee”, shall possess a current Tennessee State falconry permit and may use his or her raptor(s) for all purposes not expressly prohibited by Code of the Federal Regulation, Tennessee specific law or regulations, and/or proclamations of the Tennessee Fish and Wildlife Commission.

(2) Falconry Examination Requirement (a) Before any Apprentice Falconry Permit is issued, the applicant shall be required to answer correctly at least 80 percent of the questions on a supervised examination approved by the U.S. Fish and Wildlife Service relating to the basic biology, care, and handling of raptors, literature, laws, regulations, and other appropriate falconry subject matter. A successful score on an exam from another state shall be sufficient if proof is provided.

(b) The applicant shall pay the fee for the Falconry Examination each time the exam is administered.

(c) Each applicant failing an examination may retake the exam after ten business days.

(d) Any applicant possessing a valid falconry permit from another state shall not be required to take an examination when applying for a similar falconry permit in Tennessee when changing residency. However, the applicant must provide documentation of the falconry permit from the former state.

(3) Falconry Permit Requirements and Application Procedures (a) To apply for a falconry permit, an applicant must include the following information:

April, 2025 3 1. A completed application form and permit fee.

2. Proof of a successful completion of a falconry examination from Tennessee or another state, or verification that the person has previously held a falconry permit at the level they seek.

3. For an apprentice permit, the applicant must meet the minimum requirements as set forth in the federal rule. However, an apprentice permittee may only possess a passage American kestrel (Falco sparverius), or a passage red-tailed hawk (Buteo jamaicensis) captured by the apprentice, or any captive-bred raptor approved by federal regulations, acquired from a legal source or transferred to the apprentice by another falconer.

4. If a sponsor of an apprentice falconer withdraws sponsorship, the sponsor shall notify the apprentice falconer immediately upon withdrawing sponsorship and both shall notify the Agency in writing within 30 days of withdrawing sponsorship. If the apprentice falconer does not secure a new sponsor within 30 days of the sponsorship withdrawal, then the apprentice falconer’s permit shall expire, and any raptor possessed shall be released to the wild or transferred to another falconer.

(b) A valid state falconry permit from Tennessee or another state or country meeting federal falconry standards is required before any person may take, possess, or transport a raptor for falconry purposes. Permitted falconers moving to Tennessee from another state or a or country meeting federal falconry standards, with the intent of establishing residency, and bringing raptors with them, shall transfer their permit to Tennessee provided they make application to the Agency within 30 days after relocation. T he Agency shall take action on the application within 30 days.

(c) Permit to take a peregrine falcon for falconry:

1. Peregrine falcons may only be taken under the authority of a permit obtained through a random computer drawing. Only permitted General Class or Master Class resident and non-resident falconers may participate in the drawing.

Interested falconers must complete a no-fee Peregrine Falcon Take Permit Application found on TWRA’s website, (http://www.tn.gov/twra/).

Such application must be completed and postmarked or emailed no later than midnight on August 15th each year. If August 15th falls on Sunday, the deadline will be midnight on August 16th. All applications should be sent to TWRA, Falconry Coordinator, P.O.

Box 40747, Nashville, TN 37204, or emailed to: twra.permitprogram@tn.gov 2. All valid applications will be entered in a random drawing to select the permit(s) available for peregrine falcon take in Tennessee. Permit drawings will be held during the last week of August each year, with actual dates posted on the Agency’s website. Permittees will be notified by phone and mail.

3. Peregrine falcons may be trapped from September 20th through October 20th of each year. All birds taken must be first-year (juvenile) and as passage birds. Any banded bird captured must be immediately released at the site of capture and the band number and location of trapping site reported to the TWRA Falconry Coordinator and the USGS Bird Banding Laboratory (www.reportband.gov) within 10 days. Permittees who trap a peregrine falcon wearing a transmitter must contact the TWRA Falconry Coordinator immediately for authorization and assistance.

April, 2025 4 (4) In addition to a Tennessee Falconry permit, a hunting license will be required to hunt with raptors in Tennessee. This includes a Federal Duck Stamp and State Migratory Bird Permit when hunting waterfowl.

(5) Acquisition, Take, Banding, Transfer and Loss of Raptors:

(a) All wild-caught raptors held within this state, except those held for scientific, rehabilitation, or zoological purposes, shall be banded or tagged in accordance with federal rules. Raptors with small tarsus, including American Kestrel (Falco sparverius), Merlin (Falco columbarius), Sharp-shinned hawk (Accipiter striatus), and male Cooper’s Hawk (Accipiter cooperii) are exempt.

(b) Each falconer shall purchase, receive, sell, barter, or transfer raptors only in compliance with all applicable federal and state regulations.

(c) Eyasses may be taken only by General and Master Class Falconers.

(d) At least one eyass shall be left in the eyrie when a wild eyass is taken.

(e) No species listed in Tennessee as endangered, nor federally listed species, shall be taken from the wild within the state unless authorized. Only one raptor of any species listed in Tennessee as threatened may be authorized per year for any General or Master Class Falconer.

(f) Nothing shall prohibit a Tennessee resident falconer from legally obtaining, from outside Tennessee, a species listed by the home state as threatened or endangered, provided the falconer complies with the requirements of the state from which the raptor species is acquired.

(g) Wild raptors may be taken for falconry in Tennessee only in accordance with the following conditions:

1. Each person taking a raptor from the wild in Tennessee for falconry purposes shall possess a current, valid Tennessee hunting license. Seasons for taking wild raptors for falconry in Tennessee shall be consistent with state proclamations. Wild raptors with scientific markers (bands, auxiliary markers, transmitters) shall be reported to the TWRA Falconry Coordinator and the USGS Bird Banding Laboratory (www.reportband.gov) within 10 days.

2. A resident falconer may take up to two raptors per calendar year from the wild in Tennessee, except for falconers at the apprentice level.

3. A non-resident falconer wishing to take a raptor from the wild in Tennessee shall first apply for and obtain written authorization from the Agency prior to attempting to take a raptor. A Tennessee non-resident state hunting license is also required for this activity.

4. All non-resident falconers issued written authorization to take a raptor from the wild in Tennessee shall report in writing to the Agency within ten business days of leaving the state, whether or not the person was successful in trapping a raptor. If successful, the report shall include the species, sex (if known), location and date of capture. Reporting for a resident or non-resident falconer will also include uploading the information on the State/Federal 3-186A database. Out-of-state falconers will send a paper or electronic copy of their uploaded data to the TWRA Falconry Coordinator.

April, 2025 5 (6) Permits will expire on June 30 of the third year from date of issuance or renewal.

(7) Revocation or Suspension of a Falconry Permit:

(a) Conviction for violation of any falconry regulation, federal or state, may result in suspension or revocation of a falconry permit. Another raptor type permit will be required for the owner to keep the raptor unless a conviction requires confiscation of the raptor.

(b) Upon request of the person whose permit has been revoked or suspended, the Agency may restore the person’s falconry permit at the end of the revocation or suspension period. The revocation and suspension period shall be in accordance with current federal and/or state standards.

(8) Active-duty military personnel, and/or immediately family members residing with the active-duty military personnel, shall possess a falconry permit from the state in which the facility and raptors reside. Those individuals may or may not be permanent Tennessee residents.

(9) Before any falconry permit is issued, the applicant’s raptor housing facilities and falconry equipment shall be physically inspected and certified by a representative of the Agency as meeting the minimum standards detailed in Title 50 Code of Federal Regulations Part 21 and

Part 22 found in the October 1, 2023, edition of the Code of Federal Regulations. All facilities and equipment shall always be kept at or above the minimum standards.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-2-202, and 70-4-401, et seq.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.04 SPECIAL PURPOSE PERMITS

(1) Special Purpose raptor permits issued by the U.S. Fish and Wildlife Service shall be honored by the Agency, and a copy of such shall be provided to the Agency upon receipt. However, the scope of such permits shall be provided to the Agency, and the scope shall not violate Tennessee law.

(2) If the scope of the Special Purpose raptor permit should fall under the Temporary Exhibitor or Permanent Exhibitor permit as defined by T.C.A. § 70-4-402, for Class II species, then such permit shall be required. However, and notwithstanding any rule to the contrary, a Tennessee commercial propagator permit shall not be required in addition to a permanent exhibitor permit.

History

• Authority: T.C.A. §§ 70-1-206 and 70-4-401, et seq.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.05 ABATEMENT PERMITS

(1) Payment may be accepted for providing abatement activities if the permittee has a USFWS special purpose abatement permit. It is important to note that a federal depredation permit may also be required because a federal abatement permit does not allow the killing of other wildlife; only the scaring or driving away.

(2) If conducting abatement activities for a fee beyond recoupment of costs or beyond de minimus expenses (such as fuel costs or meals), a nuisance animal damage control permit from TWRA shall be required prior to conducting abatement activities in accordance with Tenn. Comp. R. & Regs 1660-01-21. For the purposes of this rule, abatement activity occurs when the person April, 2025 6 uses a raptor to destroy, or otherwise control nuisance wildlife and charges a fee for such services.

(3) If experience is sufficient, the TWRA may waive the animal damage control test for a Master Falconer when one practices falconry bird-based damage control only. Possession of a USFWS special purpose abatement permit is evidence of sufficient experience to carry out falconry bird-based damage control only and an animal damage control test is not required.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-2-202, 70-4-404, and 70-4-414.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.06 PROPAGATION PERMITS

(1) A permittee shall submit a completed FWS Form 3-202-8 to the appropriate Regional Migratory Bird Permit office and the TWRA Falconry Coordinator by January 31 each year for the prior calendar year.

(2) Before any person may engage in the business of propagating Class I or Class II species for sale, barter or trade, such person must obtain and possess a state permit for each propagating location. However, notwithstanding any rule to the contrary, a USFWS Propagation Permit shall meet the propagation permit requirement for Class II and Class III raptors.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-2-202, 70-4-410, and 70-4-414.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Tenn. Comp. R. & Regs. 1660-01-37-.07 GENERAL REQUIREMENTS AND MISCELLANEOUS RESTRICTIONS

(1) All Migratory Bird Acquisition and Disposition Reports (Form 3-186A) shall be submitted to the online State/Federal 3-186A Falconry database and by email to TWRA within the same time frame as required by federal regulation. However, for propagation purposes, the annual Form 3-202-8, shall suffice for TWRA reporting in lieu of individual 3-186A forms.

(2) Wild raptors may be taken only in accordance with the proclamations issued by the Tennessee Fish and Wildlife Commission.

(3) Non-resident falconers may bring their raptors into the state for hunting and for all other uses that are not expressly prohibited.

(4) If a person who holds a falconry permit or other supplemental permits accepts compensation in addition to recoupment of costs or beyond de minimus expenses (such as fuel costs or meals) for engaging in an activity that assists another person in any act of hunting, fishing and/or trapping in accordance with Tenn. Comp. R. & Regs. 1660-01-28, the permittee shall purchase a guide license prior to the activity.

(5) Each falconer is required to report a move or any permanent change of address to a new state as well as the state from which they moved within 30 days after the change.

(6) All raptor housing facilities used to house and keep raptors shall be physically inspected and approved prior to renewal of falconry permit and if any change of location of the facility occurs.

(7) Authorization to possess and keep approved eagles for falconry in Tennessee shall be via a written endorsement on the permittee’s falconry permit and otherwise consistent with 50 CFR Parts 17, 21, and 22, as published in the October 1, 2023, edition of the Code of Federal Regulations. As a reminder, federal regulation does not allow bald eagles to be used for falconry or utilized in captive propagation.

April, 2025 7 (8) A violation of any of these rules and regulations or of any law governing the wildlife of this state or country may be sufficient cause to refuse to issue a permit or to revoke an existing permit in accordance with 1660-01-37-.03(7) above. If an applicant for or holder of a falconry permit has been charged with a violation of these rules and regulations or state or federal wildlife laws, a permit may be suspended pending adjudication.

History

• Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-2-202, and 70-4-401, et seq.
• Administrative History: New rules filed January 8, 2025; effective April 8, 2025.

Chapter 1660-02-01 Rules and Regulations for Boating Certificates

Tenn. Comp. R. & Regs. 1660-02-01-.01 APPLICATION FOR CERTIFICATE OF NUMBER

(1) All applications for a Certificate of Number shall include the following information and shall be submitted on forms furnished by the Wildlife Resources Agency.

(a) Name and address of registrant, including zip code; registrant identifier, which must be the registrant’s social security number, or date of birth together with driver’s license number, or date of birth together with TWRA Identification Number;

(b) Name and address of co-registrant (if applicable), including zip code; co-registrant identifier, which must be the co-registrant’s social security number or date of birth together with TWRA identification number; maximum of one co-registrant per Certificate of Number;

(c) Present TN number (if any) on vessel;

(d) Hull materials: Authorized terms are “aluminum,” “fiberglass,” “plastic,” “rubber/vinyl/ canvas,” “steel,” “wood,” or “other”;

(e) Type of propulsion: Authorized terms are “air thrust,” “manual,” “propeller,” “sail,” “water jet,” or “other”;

(f) Fuel: Authorized terms are “electric,” “diesel,” “gas,” or “other”;

(g) Make and model of vessel;

(h) Model year of vessel;

(i) Overall length of vessel (in feet and inches);

(j) Primary operation: Authorized terms are, “charter fishing,” “commercial fishing,”

“commercial passenger carrying,” “dealer or manufacturer demonstration,” “other commercial operation,” “pleasure,” or “rent or lease”;

(k) Signature of registrant and co-registrant (if applicable);

(l) Vessel type: Authorized terms are “air boat,” “auxiliary sail,” “cabin motorboat,”

“houseboat,” “inflatable boat,” “open motorboat,” “paddlecraft,” “personal watercraft,”

“pontoon boat,” “rowboat,” “sail only,” or “other”;

(m) Engine drive type: Authorized terms are “inboard,” “outboard,” “pod drive,” “sterndrive,” or “other”;

(n) State of principal operation and use;

(o) Indicate whether the application is for a new number, renewal of a number, or transfer of registration; and (p) Manufacturer’s hull identification number (if any) for all vessels built 1972 or after.

(2) All requirements of paragraph (1) shall apply to rental boats, except that a description of motor, if any, and type of fuel need not be completed on the application in every case where the engine is not rented as part of the boat.

(3) Paragraph (1) shall apply for dealers’ or manufacturers’ vessels except a description of the vessel shall not be required since the number issued may be transferred from one vessel to another. In lieu of the description, the word “manufacturer” or “dealer” as appropriate will be plainly indicated on the application.

(a) Application for a dealer or manufacturer certificate must be accompanied by a notarized copy (copies) of the dealer/manufacturer license to conduct such business, the sales tax number issued to said business, and the most recent sales tax certificate.

(b) A dealer and manufacturer certificate is to be used only for demonstration and/or testing purposes and may be transferred from boat to boat. However, no certificate may be used to operate more than one boat at the same time and each boat operated simultaneously requires a separate certificate.

(4) Application for a duplicate Certificate of Number containing the information as required by paragraph (1) of these regulations shall be made if the Certificate of Number is lost or destroyed. Such an application shall be made within fifteen (15) days of loss or destruction.

(5) The application for number by a new registrant and co-registrant (if applicable) of a vessel bearing a Tennessee number shall, for the purpose of fee, be regarded as an original application for number and the number issued shall be identical to the previous one.

(6) Applications for a consignment vessel, Certificate of Number, shall adhere to the following guidelines:

(a) A consignment vessel is one which is owned by a vessel manufacturer or boat dealer, and is consigned to an individual or other entity for a period of time for demonstration or advertising use, and for which no sale has occurred.

(b) A consignment vessel Certificate of Number may only be issued to a vessel manufacturer or boat dealer located in Tennessee.

(c) Applications for consignment vessels shall be made using the Tennessee Wildlife Resources Agency “application for boat Certificate of Number” (WR0292), and include all applicable information outlined in 1660-02-01-.02 (Issuance of Certificate of Number).

(d) Applications must be accompanied by proof of manufacturer’s or dealer’s status which shall include at least the company name, Manufacturer Identification Code, location of the company office, and United States tax identification number or tax number issued by the Tennessee Department of Revenue.

(e) The application fee shall be the same as any other vessel of the same length.

(f) Applications for consignment vessels may be made with any regional office of the Tennessee Wildlife Resources Agency.

(g) The Certificate of Number shall be issued in the name of the manufacturer’s or dealer’s business name.

(h) If the vessel is sold at the end of the consignment period, it must be sold as a used vessel.

(i) The vessel number will remain unchanged at the time of sale unless the state of principal use changes or as outlined in 1660-02-01-.01(5), 1660-02-01-.02(8) or 1660- 02-01-.02(9).

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed April 16, 1993; effective May 31, 1993. Amendment filed October 16, 1996; effective December 28, 1996. Amendment filed April 3, 2008; effective June 17, 2008. Amendments filed March 31, 2017; effective June 29, 2017. Amendments filed February 28, 2024; effective May 28, 2024. Amendments filed April 1, 2025; effective June 30, 2025.

Tenn. Comp. R. & Regs. 1660-02-01-.02 ISSUANCE OF CERTIFICATE OF NUMBER

(1) All Certificates of Number issued by the Wildlife Resources Agency shall be pocketsize, water resistant and available for examination on the vessel for which issued whenever the vessel is in use, and shall contain the following information:

(a) Name and address of registrant, including zip code;

(b) Name of co-registrant (if applicable);

(c) Number issued to the vessel;

(d) Expiration date;

(e) Make and model of boat;

(f) Hull material: Authorized terms are “aluminum,” “fiberglass,” “plastic,”

“rubber/vinyl/canvas,” “steel,” “wood,” or “other”;

(g) Overall length of vessel (in feet and inches);

(h) Propulsion type: Authorized terms are “air thrust,” “manual,” “propeller,” “sail,” “water jet,” or “other”;

(i) Type of fuel: Authorized terms are “electric,” “diesel,” “gas,” or “other”;

(j) Primary operation: Authorized terms are “charter fishing,” “commercial fishing,”

“commercial passenger carrying,” “dealer or manufacturer demonstration,” “other commercial operation,” “pleasure,” or “rent or lease”;

(k) Engine drive type: Authorized terms are “inboard,” “outboard,” “pod drive,” “sterndrive,” or “other”;

(l) Vessel type: Authorized terms are “air boat,” “auxiliary sail,” “cabin motorboat,”

“houseboat,” “inflatable boat,” “open motorboat,” “paddlecraft,” “personal watercraft,”

“pontoon boat,” “rowboat,” “sail only,” or “other”;

(m) State of principal operation and use;

(n) Manufacturer’s hull identification number (if any); and (o) Model year of vessel.

(2) Certificates of Number issued to rental motorboats need not include the type of fuel or method propulsion if the motor is not rented as part of the boat, but shall be plainly marked with the word “Rental.”

(3) The Certificate of Number for vessels less than 26’ in length and leased or rented to another for the latter’s non-commercial use of less than twenty-four (24) hours may be retained on shore by the vessel’s owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative; provided, however, the operator shall have with him a copy of the lease or rental agreement signed by the owner or his authorized representative and by the person leasing or renting the vessel that contains the vessel’s number than appears on the Certificate of Number and the period of time for which the vessel is leased or rented.

(4) Certificates of Number issued for a dealers’ or manufacturers’ vessel shall, in lieu of the description of the vessel, be plainly marked with the words ‘MANUFACTURER’ or ‘DEALER’ as appropriate.

(5) Certificates of Number issued are valid for a period of up to three (3) years from date of issuance unless sooner cancelled. Certain causes for cancellation of certificates and voiding of numbers are:

(a) Surrender of certificate for cancellation;

(b) Notification of sale;

(c) Issuance of a new Certificate of Number for the same vessel;

(d) Issuance of a marine document by the U. S. Bureau of Customs for the same vessel;

(e) False or fraudulent certification in an application for number.

(6) When a registrant and/or co-registrant of a vessel numbered by Tennessee changes their address from that shown on the Certificate of Number, they shall notify in writing the Wildlife Resources Agency of the new address within fifteen (15) days from such change.

(7) When a vessel numbered by Tennessee is lost, stolen and/or recovered, destroyed, abandoned or transferred to another person, the Certificate of Number issued for the vessel shall be surrendered together with written notification of the change in status of the vessel to the Executive Director, within fifteen (15) days from such event.

(8) The owner of a vessel must remove the number when the vessel is documented by the United States Coast Guard, the Certificate of Number becomes invalid, or the vessel is no longer principally used in Tennessee.

(9) The Certificate of Number is invalid if the person whose name appears on the certificate dies or loses their interest by sale or other legal process.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 8, 1975. Amendment filed March 2, 1978; effective April 1, 1978. Amendment filed April 3, 2008; effective June 17, 2008. Amendments filed March 31, 2017; effective June 29, 2017. Amendments filed February 28, 2024; effective May 28, 2024. Amendments filed April 1, 2025; effective June 30, 2025.

Tenn. Comp. R. & Regs. 1660-02-01-.03 FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER

The fee to be collected for issuance of a vessel Certificate of Number or registration shall be as follows:

Vessel Fee Category 1 year 2 years 3 years 16 feet and under $18 $34 $50 Over 16 feet to less than 26 feet $35 $68 $101 26 feet to less than 40 feet $54 $102 $153 40 feet and over $72 $138 $203 Dealer/Manufacturer $45 $92 $135 Duplicate $9 Consignment: 16 feet and under $18 $34 $50 Over 16 feet to less than 26 feet $35 $68 $101 26 feet to less than 40 feet $54 $102 $153 40 feet and over $72 $138 $203

History

• Authority: T.C.A. §§ 69-9-207 and 70-1-206.
• Administrative History: Original rule filed July 31, 1998; effective October 14, 1998. Amendment filed April 3, 2008; effective June 17, 2008. Amendments filed March 29, 2019; effective June 27, 2019. Amendments filed April 1, 2025; effective June 30, 2025.

Chapter 1660-02-02 Rules and Regulations for Number

Tenn. Comp. R. & Regs. 1660-02-02-.01 PATTERN

(1) Every vessel identification number issued by the State of Tennessee shall consist of three parts. The first part shall consist of the capital letters “TN”. The second part shall consist of not more than four (4) Arabic numerals. The third part shall consist of not more than two (2) capital letters. A validation decal shall be required as a part of the pattern of identification.

Each part shall be separate from the other by a hyphen or equivalent space. For example: •- TN-I-A; •-TN-1234-AA; •TN 46 ZZ. Since the letters “I”, “O” and “Q” may be mistaken for Arabic numerals, they shall not be used in the suffic. Objectionable words formed by the use of two or three letters shall not be used.

History

• Authority: T.C.A. § 70-1-206(3).
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 7, 1985; effective June 6, 1985.

Tenn. Comp. R. & Regs. 1660-02-02-.02 DISPLAY

(1) The identification number awarded to any vessel under the Tennessee numbering system shall be displayed thereon by being:

(a) Painted on, or attached to, each side of the bow (i.e., the forward half) of the vessel; read from left to right; and in such position to provide clear legibility for identification.

(b) In block characters of good proportion not less than three (3) inches in height and of a color which will contrast with the color of the background (i.e., dark numbers on a light background, or light numbers on a dark background) and so maintained as to be clearly visible and legible. Vessels operated by manufacturers or dealers for demonstration purposes may have the number issued printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated or tested so long as the display meets the above requirements.

(c) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.

(d) A validation decal must be affixed to the vessel on each side of the forward half of the vessel immediately preceding or following the TN identification number.

(e) Vessels with a valid document issued by the United States Coast Guard shall not be required to display a certificate of number but shall display a current vessel validation decal issued by the Tennessee Wildlife Resources Agency. The decal shall be located on each side of the vessel on the windows located nearest the main operator station, or if not equipped with windows, the decal shall be placed in the immediate vicinity of the operator so that the decal is clearly visible to enforcement officers. Sailboats, in lieu of that location, may place the decal on the bottom of the main mast, on both the port and starboard sides.

History

• Authority: T.C.A. §§ 69-9-209, 70-1-206, and 70-1-206(3).
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 7, 1985; effective June 6, 1985. Amendment filed April 3, 2008; effective June 17, 2008. Amendments filed March 31, 2017; effective June 29, 2017.

Chapter 1660-02-03 Rules and Regulations Governing Equipment Required on Vessels and Navigation Rules

Tenn. Comp. R. & Regs. 1660-02-03-.01 APPLICABILITY

This rule applies to all vessels that are propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed November 20, 1975; effective December 20, 1975. Amendments filed March 31, 2017; effective June 29, 2017.

Tenn. Comp. R. & Regs. 1660-02-03-.02 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 27, 1983; effective June 27, 1983. Repeal filed April 10, 2007; effective June 24, 2007.

Tenn. Comp. R. & Regs. 1660-02-03-.03 FLOTATION DEVICES

(1) As used in this rule:

(a) Personal Flotation Device or PFD means a device that is approved by the Commandant of the U.S. Coast Guard under 46 CFR Part 160, as published in the July 1, 2024, edition of the Code of Federal Regulations.

(b) Throwable PFD or Not Wearable PFD means a PFD that is intended to be thrown to a person in the water, such as a ring buoy or cushion. Unless specifically marked otherwise, a wearable PFD is not a throwable PFD.

(c) Wearable PFD means a PFD that is intended to be worn or otherwise attached to the body.

(d) Inflatable PFD means a PFD that depends on inflated compartments for buoyancy and is designed to support a specified number of persons completely out of the water.

(2) No person may use a recreational vessel unless:

(a) At least one wearable PFD is on board for each person and each PFD is used in accordance with any requirements specified on the approval label and owner’s manual if the approval label refers to such manual.

(b) If the recreational vessel is 16 feet or more in length, one throwable PFD is onboard in addition to the total number of wearable PFDs required in paragraph (a) of this section.

Canoes and kayaks 16 feet or more in length are exempted from the requirements for carriage of the additional throwable PFD.

(3) The operator of a vessel, when carrying passengers for hire, shall provide a United States Coast Guard approved life jacket for each person on board, and unless the service is such that children are never carried, with an additional number of approved life jackets suitable for children equal to at least 10 percent of the total number of persons carried.

(4) All PFDs carried on board vessels operating within the state shall be in good and serviceable condition, and of an appropriate size for the persons who intend to wear them. Wearable PFDs shall be readily accessible and throwable devices shall be immediately available for use.

(5) A PFD is considered to be in serviceable condition only if the following conditions are met:

(a) No PFD may exhibit deterioration that could diminish the performance of the PFD, including— 1. Metal or plastic hardware used to secure the PFD on the wearer that is broken, deformed, or weakened by corrosion;

2. Webbings or straps used to secure the PFD on the wearer that are ripped, torn, or which have become separated from an attachment point on the PFD; or 3. Any other rotted or deteriorated structural component that fails when tugged.

(b) In addition to meeting the requirements of paragraph (a) of this section, no inherently buoyant PFD, including the inherently buoyant components of a hybrid inflatable PFD, may exhibit— 1. Rips, tears, or open seams in fabric or coatings, that are large enough to allow the loss of buoyant material;

2. Buoyant material that has become hardened, non-resilient, permanently compressed, waterlogged, oil-soaked, or which shows evidence of fungus or mildew; or 3. Loss of buoyant material or buoyant material that is not securely held in position.

(c) In addition to meeting the requirements of paragraph (a) of this section, an inflatable PFD, including the inflatable components of a hybrid inflatable PFD, must be equipped with— 1. Except as provided in paragraph (d) of this section, a properly armed inflation mechanism, complete with a full inflation medium cartridge and all status indicators showing that the inflation mechanism is properly armed;

2. Inflatable chambers that are all capable of holding air;

3. Oral inflation tubes that are not blocked, detached, or broken;

4. A manual inflation lanyard or lever that is not inaccessible, broken, or missing; and 5. Inflator status indicators that are not broken or otherwise non-functional.

(d) The inflation system of an inflatable PFD need not be armed when the PFD is worn inflated and otherwise meets the requirements of paragraphs (a) and (c) of this section.

(6) Exemptions:

(a) Racing shells, rowing sculls, and racing paddlecraft are exempted from the requirements for carriage of any wearable or throwable PFD.

1. This exemption only applies to racing shells, rowing sculls, and racing paddlecraft when competing in an organized or sanctioned race or training program approved by a national or international body, or by appropriate permit, and where adequate safety precautions are in place.

2. Paddlecraft means a vessel powered only by its occupants, using a single or double bladed paddle as a lever without the aid of a fulcrum provided by oarlocks, thole pins, crutches, or similar arrangements.

(b) Sailboards are exempted from the requirements for any carriage of any Type PFD. A sailboard means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast not secured to a hull by guys or stays.

(c) Vessels of the United States used by foreign competitors while practicing for or racing in competition are exempted from these carriage requirements provided the vessel carries one of the sponsoring foreign country’s acceptable flotation devices for each foreign competitor on board.

History

• Authority: T.C.A. §§ 69-9-209, 69-9-502, and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed March 2, 1978; effective April 1, 1978. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed May 27, 1983; effective June 27, 1983. Amendment filed September 26, 1996; effective December 10, 1996. Amendments filed March 31, 2017; effective June 29, 2017. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 1660-02-03-.04 REPEALED

History

• Authority: T.C.A. §§ 70-1-206 and 69-9-209.
• Administrative History: Original rule certified May 8, 1974. Repeal and new rule filed May 27, 1983; effective June 27, 1983. Repeal filed April 10, 2007; effective June 24, 2007.

Tenn. Comp. R. & Regs. 1660-02-03-.05 BACKFIRE FLAME CONTROL

(1) Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an efficient means of backfire flame control.

Installations made before November 19, 1952, need not meet the detailed requirements of this subpart and may be continued in use as long as they are in good condition. The following are acceptable means of backfire flame control for gasoline engines:

(a) A backfire flame arrestor specifically approved by the U.S. Coast Guard. The flame arrestor shall be suitably secured to the air intake with flame tight connections.

(b) An engine air and fuel intake system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an approved flame arrestor. A gasoline engine which has such an air and fuel intake system and which is to be operated without an approved flame arrestor shall be labeled to meet requirements of the U.S. Coast Guard.

(c) Any attachment to the carburetor or location of the engine air intake by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel in which a way that the flames will not endanger the vessel or persons on board.

All attachments shall be metallic construction with flame tight connections and firmly secured to withstand vibration, shock and engine backfire. Such installations do not require formal approval but will be accepted by the law enforcement officers on the

basis of this subpart.

(2) All motorboats or motor vessels, except open boats, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flash point of 100°F or less, shall have at least 2 ventilator ducts fitted with cowls or their equivalent for the efficient removal of explosive or inflammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to a point at least midway or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness so as to prevent displaced fumes from being recirculated.

(a) However, boats built after July 31, 1978, shall not have to comply with the requirements for fuel tank compartments that— 1. Contain a permanently installed fuel tank if each electrical component is ignition protected; and, 2. Contain fuel tanks that vent to the outside of the boat.

(b) In addition, boats built after July 31, 1980, which are in compliance with the following regulations shall be exempt from the requirement of 1660-02-03-.05, paragraph (2).

(3) No person may operate a boat built after July 31, 1980, that has a gasoline engine for electrical generation, mechanical power, or propulsion unless it is equipped with an operable ventilation system that meets the following requirements;

(a) Each compartment in a boat that has a permanently installed gasoline engine with a cranking motor must— 1. Be open to the atmosphere; or 2. Be ventilated by one or more power exhaust blower systems which meet the standards set up in CFR 183.610.

(b) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water.

(c) Each boat that is required to have an exhaust blower must have a label that— 1. Is located as close as practicable to each ignition switch;

2. Is in plain view of the operator; and 3. Has at least the following information:

Warning-Gasoline Vapors Can Explode. Before Starting Engine Operate Blower for 4 Minutes and Check Engine Compartment Bilge for Gasoline Vapors.

(4) Except for compartments open to the atmosphere, a natural or power ventilation system must be provided for each compartment in a boat that— (a) Contains a permanently installed gasoline engine;

(b) Has openings between it and a compartment that requires ventilation; except that an accommodation compartment above a compartment requiring ventilation by a deck or other structure does not have to comply;

(c) Contains a permanently installed fuel tank where an electrical component is not ignition protected;

(d) Contains a fuel tank that vents into that compartment; or (e) Contains a non-metallic fuel tank with an aggregate permeability rate greater than the allowable standards established in CFR 183.620.

(5) Natural ventilation means an airflow in a compartment in a boat achieved by having a— (a) Supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and (b) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.

(c) Each exhaust opening or exhaust duct must originate in the lower one-third of the compartment.

(d) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be above the normal accumulation of bilge water and be able to move the rate of air required as computed in CFR 183.630.

(e) Each natural ventilation system must be constructed so that— 1. Each supply opening is forward facing and located on the exterior surface of a boat; or 2. Air will flow into or out of the supply openings at the necessary rate (as computed in CFR 183.630) when the boat is in a wind flowing from bow to stern at a velocity of 10 miles per hour when the engine is not operating.

(6) As used in this section, the term “open boats” means those motorboats or motor vessels with all engine and fuel tank compartments and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere so as to prevent the entrapment of such gases and vapors within the vessel.

(7) Where alterations are needed for existing motorboats or motor vessels to comply with these requirements they shall be accomplished as soon as practicable but in any case shall be completed by June 1, 1966.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 11, 1981; effective July 27, 1981. Amendments filed March 31, 2017; effective June 29, 2017.

Tenn. Comp. R. & Regs. 1660-02-03-.06 FIRE EXTINGUISHERS

(1) All motorboats carrying passengers for hire must carry the correct number and type of fire extinguishers for a vessel of its size.

(2) All motorboats 26 feet in length or longer shall carry the correct number and type of fire extinguisher for a vessel of its size.

(3) Fire extinguishers are required on all motorboats which have compartments wherein explosive or flammable gases or vapors can be entrapped, such as:

(a) Closed compartments under thwarts and seats wherein fuel tanks may be stored;

(b) Double bottoms not sealed to the hull or which are not completely filled with flotation material;

(c) Closed living spaces;

(d) Closed stowage compartments in which combustible or flammable materials are stowed;

(e) Permanently installed fuel tanks which are defined as:

1. When the tank is secured to the deck so that tools are required to remove it;

2. When the fill tube is connected to the boat and tank so that screws or bolts must be loosened to remove the tank;

3. When the filled tank cannot be easily or readily handled by one person on board.

(4) Any vessel may substitute one BII hand portable fire extinguisher for two BI hand portable fire extinguishers.

(5) Recreational vessels 65 feet or less in length.

(a) Recreational vessels 65 feet or less in length shall carry at least the minimum number of hand portable fire extinguishers as set forth below, except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire need not carry such portable fire extinguishers if the construction of such motorboat will not permit the entrapment of explosive or flammable gases or vapors.

Minimum Number of BI/5-B Hand Portable Fire Extinguishers Needed No fixed fire With fixed fire extinguishing extinguishing system in system in machinery spaces machinery spaces Length of Motorboat __________________________________________________________________ Less than 16’ 1 0 16’ to less than 26’ 1 0 26’ to less than 40’ 2 1 Greater than 40’ but no more than 65’ 3 2 *One B-II/20-B portable fire extinguisher may be substituted for two B-I/5-B portable fire extinguishers.

(6) Recreational vessels more than 65 feet in length.

(a) A recreational vessel more than 65 feet in length must carry at least the minimum number of portable fire extinguishers specified for its tonnage as set forth in Table 4 to 33 CFR § 175.320(b)(1), as published in the July 1, 2024, edition of the Code of Federal Regulations, which is reproduced below:

Table 4 to 33 CFR § 175.320(b)(1)

Gross tonnage -- Minimum Number of 20-B portable fire extinguishers More than Not more than 50 1 50 100 2 100 500 3 500 1,000 6 1,000 8 (b) In addition to the portable fire extinguishers required by Table 4 to 33 CFR § 175.320(b)(1), as published in the July 1, 2024, edition of the Code of Federal Regulations, the following fire extinguishing equipment must be fitted in the machinery space:

1. One 20-B fire extinguisher must be carried for each 1,000 brake horsepower of the main engines or fraction. However, not more than six such extinguishers are required to be carried.

2. On recreational vessels of more than 300 gross tons, either one 160-B semiportable fire extinguishing system must be fitted, or alternatively, a fixed fire extinguishing system must be fitted in the machinery space.

(c) The frame or support of each 160-B semi-portable fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck.

(d) If an approved semi-portable fire extinguisher has wheels, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions.

(e) Extinguishers with larger numerical ratings or multiple letter designations. Extinguishers with larger numerical ratings or multiple letter designations may be used to meet the requirements of Table 1 to 33 CFR § 175.320(a)(1) and Table 4 to 33 CFR § 175.320(b)(1), as published in the July 1, 2024, edition of the Code of Federal Regulations.

(7) Portable fire extinguishers and semi-portable fire extinguishing systems.

(a) All portable and semi-portable fire extinguishers must 1. Be on board the vessel and readily accessible;

2. Be of an approved type;

3. Not be expired or appear to have been previously used; and 4. Be maintained in good and serviceable working condition, meaning:

(i) If the extinguisher has a pressure gauge reading or indicator it must be in the operable range or position;

(ii) The lock pin is firmly in place;

(iii) The discharge nozzle is clean and free of obstruction; and (iv) The extinguisher does not show visible signs of significant corrosion or damage.

(b) Vaporizing-liquid fire extinguishers containing carbon tetrachloride, chlorobromomethane, or other toxic vaporizing liquids, are not acceptable.

(c) Portable or semi-portable extinguishers that are required by their name plates to be protected from freezing must not be located where freezing temperatures may be expected.

(d) The use of dry chemical stored pressure fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, is permitted on board recreational vessels if such fire extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers:

1. When the date on the inspection record tag on the extinguishers shows that 6 months have elapsed since the last weight check ashore, then such extinguishers are no longer accepted as meeting required maintenance conditions until they are reweighted ashore, found to be in a serviceable condition, and within required weight conditions.

2. If the weight of the container is ¼ ounce less than that stamped on the container, it must be serviced.

3. If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguishers to see that the frangible disc in the neck of the container is intact; and, if such disc is not intact, the container must be serviced.

4. If there is evidence of damage, use or leakage, such dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the extinguisher must be serviced or replaced.

(e) Dry chemical powder extinguishers, stored pressured extinguishers, and fire extinguishers without pressure gauges or indicating devices, manufactured after January 1, 1965, cannot be labeled with the marine type label described in 46 CFR § 162.028-4, as published in the July 1, 2024, edition of the Code of Federal Regulations.

These extinguishers may be carried onboard recreational vessels as excess equipment, subject to subparagraphs (a) and (b) of this section.

(f) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all portions of the space concerned may be covered.

(8) Fixed fire extinguishing systems.

(a) A fixed fire extinguishing system must be of a type approved by the United States Coast Guard under 46 CFR Part 162, as published in the July 1, 2024, edition of the Code of Federal Regulations.

(b) A carbon dioxide system must be designed and installed in accordance with 46 CFR

Part 76, Subpart § 76.15, as published in the July 1, 2024, edition of the Code of Federal Regulations.

(c) An automatic sprinkler system must be designed and installed in accordance with 46 CFR Part § 25.30-15(c), as published in the July 1, 2024, edition of the Code of Federal Regulations.

(9) Condition and number of fire extinguishers required for recreational vessels built model year 2017 or earlier.

(a) Recreational vessels with a model year between 1953 and 2017 must meet the following requirements:

1. Previously installed fire extinguishers with extinguishing capacities that are less than what is required in Table 1 to 33 CFR § 175.320(a)(1), as published in the July 1, 2024, edition of the Code of Federal Regulations, or Table 2 to 33 CFR § 175.320(b)(1), need not be replaced but must be maintained in good and serviceable condition.

2. All extinguishers installed after August 12, 2016, must meet the applicable requirements in 33 CFR §§ 175.305 through 175.320, as published in the July 1, 2024, edition of the Code of Federal Regulations.

(b) Condition and number of fire extinguishers required for recreational vessels built before model year 1953. A recreational vessel built before year 1953 must meet the applicable number and general type of equipment provisions of 33 CFR §§ 175.305 through 175.320, as published in the July 1, 2024, edition of the Code of Federal Regulations.

Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service provided they are in good condition. All new installations must meet the requirements of 33 CFR §§ 175.305 through 175.320.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 11, 1981; effective July 27, 1981. Amendments filed March 31, 2017; effective June 29, 2017. Amendments filed April 2, 2026; effective July 1, 2026.

Tenn. Comp. R. & Regs. 1660-02-03-.07 NAVIGATION RULES – ADOPTION OF FEDERAL CODE AND REGULATIONS

(1) The State of Tennessee hereby adopts, and incorporates by reference, The Inland Navigation Rules Act of 1980 which appears in 33 CFR Parts 83–90. All vessels operating on or using the waters of Tennessee shall be governed by and follow these rules.

(2) Vessels operating in areas designated as “Slow-No wake” shall be governed by the following definitions;

(a) “Slow-No wake” shall be defined as a vessel traveling at or below idle speed, or at such speed that the boat or its wake (waves) is not sufficient to cause possible injury or damage to other persons, boats, or property.

(3) Vessels may not be used, operated, or anchored in such a way that interferes with or blocks vessel traffic in designated channels.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 27, 1983; effective June 27, 1983. Amendment filed April 16, 1993; effective May 31, 1993. Amendment filed February 28, 1996; effective May 13, 1996. Amendment filed April 10, 2007; effective June 24, 2007. Amendment filed April 4, 2012; effective July 3, 2012.

Chapter 1660-02-04 Rules and Regulations Governing Reporting of Boating Accidents

Tenn. Comp. R. & Regs. 1660-02-04-.01 ACCIDENT REPORT

(1) The operator of a vessel shall immediately notify the Tennessee Wildlife Resources Agency and, shall provide the information listed in Rule 1660-02-04-.01(2) to an officer of the Tennessee Wildlife Resources Agency upon request when, as a result of an occurrence that involved the vessel or its equipment – (a) A person dies;

(b) A person is injured and receives, or should have received, medical treatment beyond first aid;

(c) Damage to the vessel or combination of vessels and other property damage totals more than $2000 or complete loss of vessel; or (d) A person disappears from the vessel under circumstances that indicate death or injury.

(2) The following information about the casualty or accident shall be provided as required by paragraph (1) of this rule to be included in the report filed by the Agency.

(a) The numbers and names of each vessel involved.

(b) The names and address of each owner of each vessel involved.

(c) The name of the nearest city or town, the county, the state, and the body of water.

(d) The time and date the casualty or accident occurred.

(e) The location on the water.

(f) The visibility, weather, and water conditions.

(g) The estimated air and water temperatures.

(h) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report.

(i) The name and address of each operator of each vessel involved.

(j) The number of persons on board or towed on skis by each vessel.

(k) The name, address, and date of birth of each person injured or killed.

(l) The cause of each death.

(m) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel;

(n) The name and address of each owner of property involved.

(o) The availability and use of personal flotation devices.

(p) The type and amount of each fire extinguisher used.

(q) The nature and extent of each injury (r) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

(s) A description of each equipment failure that caused or contributed to the cause of the casualty.

(t) A description of the vessel casualty or accident.

(u) The type of vessel operation and the type of accident.

(v) The opinion of the person making the report as to the cause of the casualty.

(w) The make, model, type, beam width at widest point, length, horsepower, propulsion engine drive type, fuel, hull material, and model year, of the reporting operator’s vessel.

(x) The name, address, and telephone number of each witness.

(y) The manufacturer’s hull identification number, if any, of the reporting operator’s vessel.

History

• Authority: T.C.A. §§ 70-1-206 and 69-9-209.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 27, 1983; effective June 27, 1983. Amendment filed August 3, 2006; effective October 17, 2006. Amendments filed March 31, 2017; effective June 29, 2017.

Tenn. Comp. R. & Regs. 1660-02-04-.02 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed March 31, 2017; effective June 29, 2017.

Chapter 1660-02-05 Rules and Regulations Governing Issuance of Warning Citations

Tenn. Comp. R. & Regs. 1660-02-05-.01 OFFICERS

Officers of the Wildlife Resources Agency, upon observance of violations of Title 69, Chapter 9, and any rules and regulations promulgated by the Commission may, at their discretion, issue warning citations to the offenders.

History

• Authority: T.C.A. §§ 69-9-220 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed March 16, 2017; effective June 14, 2017.

Chapter 1660-02-06 Rules and Regulations Governing Uniform Waterway Marker System

Tenn. Comp. R. & Regs. 1660-02-06-.01 NAVIGATION AIDS AND REGULATORY MARKERS

(1) Lateral navigation markers of the U.S. Aids to Navigation System identify dangerous or controlled areas and guide vessel operators safely along waterways. Green cylinder-shaped buoys and red coneshaped buoys are used in pairs on well-defined channels, including rivers or other relatively narrow waterways, to indicate that the navigation channel lies between the buoys and boats should pass between them. On irregularly defined channels, solid colored buoys may be used singly in staggered fashion on alternate sides of the channel. They will be spaced at sufficiently close intervals to indicate that the channel lies between the buoys and boats should pass between them. A smaller version of the green cylinder-shaped buoys with a white top and the red cone-shaped buoys with a white top mark secondary channels and boats should pass between them. Red triangle signs and green square signs called daymarks are attached to structures such as posts in the water or on the bank also indicate the channel. Green buoys with a red stripe or red buoys with a green stripe are junction buoys and indicate two channels coming together.

(a) The green buoys mark the left side of the channel looking upstream. If they are numbered, they will show odd numbers. Numbers increase in an upstream direction.

(b) The red buoys mark the right side of the channel looking upstream. If they are numbered, they will show even numbers. Numbers increase in an upstream direction.

(c) Smaller green cylinder-shaped buoys with a white top mark the left side of the secondary channel looking upstream.

(d) Smaller red cone-shaped buoys with a white top mark the right side of the secondary channel looking upstream.

(e) The green daymarks mark the left side of the channel looking upstream. If they are numbered, the numbers are odd and indicate the mile marker.

(f) The red daymarks mark the right side of the channel looking upstream. If they are numbered, the numbers are even and indicate the mile marker.

(g) Green buoys with a red horizontal stripe at the topside of the buoy indicate two channels coming together and the preferred channel is to the right of the buoy as you travel upstream.

(h) Red buoys with a green horizontal stripe at the topside of the buoy indicate two channels coming together and the preferred channel is to the left of the buoy as you travel upstream.

(i) Where used, lights on these buoys and daymarks are regularly flashing (30 flashes per minute), red lights on red buoys and red daymarks, and green lights on green buoys and green daymarks.

A quick-flashing light (60 flashes per minute) has special significance as at sharp turns or sudden constructions in the channel or to mark wrecks or other navigation obstructions.

(2) Where there is no well-defined channel or when a body of water has obstructions which can be approached from more than one direction, supplemental navigation aids according to the cardinal system may be used.

(a) A red striped white buoy marks mid-channels and may be passed on either side.

(b) A black striped white buoy indicates that an obstruction to navigation extends from the nearest shore to the buoy and boats must not pass between the buoy and the nearest shore.

(c) Where used, lights on the buoys are quick-flashing (60 flashes per minute); red lights on red buoys or daymarks, green lights on green buoys or daymarks, and white lights on other buoys.

(3) Information buoys or markers have an orange-bordered square or rectangle on a white background.

Words printed in black inside the border will tell you place names, distances, arrows indicating direction, availability of supplies and services.

(4) Controlled or restricted activity areas are indicated by buoys or markers having an orange circle on a white background. Examples of words printed in black inside the circle are: 5 MPH, NO FISHING, FISH ONLY, NO SKIING, SKI ONLY, NO SCUBA, SKIN DIVERS ONLY, etc.

(5) Buoys or markers with an orange diamond on a white background are used to warn of danger.

Examples of words printed in black inside the diamond are: ROCK, DAM, MARINE CONTRUCTION, FERRY CABLE, etc.

(6) Buoys or markers with an orange diamond with a cross inside on a white background mean BOATS KEEP OUT. Explanatory reasons printed in black may appear outside the crossed diamond shape, such as DAM, WATERFALL, RAPIDS, SWIM AREA, etc.

(7) Anchor and mooring buoys are white with a blue stripe midway between the top of the buoy and the waterline.

(8) The System recognizes the flag adopted by the Underwater Society of America for use during activities. The flag is a diagonal white stripe running from the top left-hand side to the bottom righthand side on a field of red. Boaters are warned to keep away from the area where the flag is displayed to avoid submerged divers.

(9) All aids and markers except those placed by an authorized representative of the Federal Government must be authorized by the Wildlife Resources Agency.

(10) Permission to establish private aids or markers on state waterways by groups, individuals, municipalities, or other groups must be obtained by written request to the Executive Director of the Wildlife Resources Agency.

(a) This shall include, but not be limited to, slalom courses and other special purposes aids, markers, or structures.

(b) Any unauthorized buoy, aid, marker, or structure is subject to immediate removal by the Wildlife Resources Agency.

(11) Mooring or fastening watercraft to any buoy or marker is prohibited except in case of emergency.

(12) Removal of any buoy or marker by any unauthorized personnel is prohibited.

History

• Authority: T.C.A. §§69-9-20 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed April 16, 1993; effective May 31, 1993. Amendments filed March 9, 2006; effective May 23, 2006.

Chapter 1660-02-07 Rules and Regulations Governing Operations of Vessels

Tenn. Comp. R. & Regs. 1660-02-07-.01 REPEALED

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed September 15, 2000; effective November 29, 2000.

Tenn. Comp. R. & Regs. 1660-02-07-.02 AEDC LAKE

(1) Motorboats shall not exceed idling speed under the Morris Ferry Bridge or more than six (6) miles per hour within one hundred (100) feet of any shoreline or other designated area.

(2) All boats shall enter or depart loading and docking areas slowly to avoid endangering people boarding or loading boats.

(3) Boats and skiers shall not pass within one hundred (100) feet of a skin diver’s surface marker.

(4) Boats shall keep a distance of one hundred (100) feet (right or left) when passing another boat.

(5) Boats and skiers are prohibited in posted areas being used by swimmers, except craft used for life saving purposes.

(6) Boating is prohibited in all areas officially marked as restricted by AEDC.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974.

Tenn. Comp. R. & Regs. 1660-02-07-.03 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Repeal filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.04 OLD HICKORY LAKE

(1) Vessels are prohibited in the Old Hickory Beach Swimming Area located on the southwest side of Old Hickory Lake in the cove nearest the dam and delineated by a line of informational buoys.

(2) Vessels being operated in the cove adjacent to and south of the Old Hickory Beach Swimming Area shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(3) Vessels being operated in the cove adjacent to the Rockland Day Use Area which is located near Old Hickory Dam and Lock in Sumner County and delineated by a line of informational buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(4) Vessels being operated on Old Hickory Lake within the area, as delineated by a line of informational buoys, adjacent to Walton’s Ferry Access in Sumner County near River Mile 220.8, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(5) Vessels being operated on Old Hickory Lake in the portion of Shutes Branch known as Langfords Cove, south of the highway bridge and the area adjacent to Shutes Branch Recreation Area, both as delineated by informational buoys, in Wilson County, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(6) Unauthorized vessels are prohibited from entering that designated area adjacent to the DuPont Loading Dock located at River Mile 218.

(7) Vessels being operated on Old Hickory Lake within the Laguardo Recreation Area in Spencer Creek (River Mile 236) shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(c) Vessels are prohibited in the swimming area.

(8) Vessels being operated on Old Hickory Lake in the area known as Fetherling Cove located at River Mile 218.5 in Sumner County and delineated by informational buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(9) Vessels being operated on Old Hickory Lake within the area adjacent to the Lock 3 Access in Sumner County near River Mile 218, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(c) Vessels are prohibited in the swimming area.

(10) Vessels being operated on Old Hickory Lake within the area adjacent to the Sanders Ferry Park Access in Sumner County near River Mile 222, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(11) Vessels being operated on Old Hickory Lake within the area adjacent to Creekwood Marina and the Mallard Point Access located in Drakes Creek in Sumner County, as delineated by a line of informational buoys, spanning the entire width of the waterway, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(12) Vessels being operated on Old Hickory Lake within the area adjacent to the Stark Knob Access in Sumner County near River Mile 225.5, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(13) Vessels being operated on Old Hickory Lake within the area adjacent to the Saundersville Access in Sumner County near River Mile 228.2, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(14) Vessels being operated on Old Hickory Lake within the area adjacent to the Avondale Access in Sumner County near River Mile 229.4, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(15) Vessels being operated on Old Hickory Lake within the area adjacent to the Cages Bend Campground Access in Sumner County near River Mile 234, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(16) Vessels being operated on Old Hickory Lake within the area adjacent to the Station Camp Access located in West Fork Station Camp Creek in Sumner County, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(17) Vessels being operated on Old Hickory Lake within the area adjacent to the Bull Creek Access in Sumner County near River Mile 239.6, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(18) Vessels being operated on Old Hickory Lake within the area adjacent to the Lone Branch Access located in Cedar Creek in Wilson County, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(19) Vessels being operated on Old Hickory Lake within the area adjacent to the Cedar Creek Campground Access located in Cedar Creek in Wilson County, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(c) Vessels are prohibited in the swimming area.

(20) Vessels being operated on Old Hickory Lake within the area adjacent to the Burton Road Access located in Spencer Creek in Wilson County, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(21) Vessels being operated on Old Hickory Lake within the area adjacent to Gallatin Marina located in Sumner County, spanning the entire width of the east fork of Station Camp Creek, as delineated by a line of information buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 28, 1975; effective June 28, 1975. Amendment filed February 6, 1978; effective March 8, 1978. Amendment filed July 2, 1979; effective August 16, 1979. Amendment filed August 1, 1990; effective September 15, 1990. Amendment filed April 26, 2013; effective July 25, 2013. Emergency rule filed October 2, 2013; effective through March 31, 2014. Amendment filed December 23, 2013; effective March 23, 2014. Amendments filed October 1, 2018; effective December 30, 2018. Amendment filed February 2, 2021; effective May 3, 2021. Emergency rule filed May 27, 2021; effective through November 23, 2021. Emergency rule expired effective November 24, 2021, and the rule reverted to its previous status. Amendments filed November 16, 2021; effective February 14, 2022.

Tenn. Comp. R. & Regs. 1660-02-07-.05 PERCY PRIEST RESERVOIR

(1) All motorboats being operated within the sites described below shall be operated at a “Slow- No Wake” speed and shall not tow a person on water skis, surfboard or similar devices.

(a) Site No. 1, Elm Hill Public Use Area located on the west bank of the reservoir approximately River Mile 9.4.

(b) Site No. 2, Hermitage Public Use Area located east of Percy Priest Dam at approximately River Mile 6.8, the area known as Hermitage Cove.

(c) Site No. 3, Hamilton Creek Public Use Area located on the west bank of the reservoir in Hamilton Creek Cove at approximately River Mile 10.5.

(d) Site No. 6, Suggs And Vivrett Creeks, Public Use Area located on the east bank at the head of the Suggs Creek embayment at approximately River Mile 12.5.

(e) Site No. 9, Four Corners Public Use Area located on the west bank of the reservoir in the Hurricane Creek embayment at approximately River Mile 18.5.

(f) Site No. 16, Fate Sanders Public Use Area located on the east bank of the reservoir at approximately River Mile 29.3.

(g) Site No. 13, Poole Knobs Public Use Area located on the west bank of the reservoir in the vicinity of Sinking Creek at approximately River Mile 24.

(h) Site No. 20, Fall Creek Public Use Area located on the east bank of the reservoir within the Fall Creek embayment at approximately River Mile 33.1.

(i) Site No. 10, Long Hunter State Park located on the east bank of the reservoir at approximately River Mile 20.8.

(j) Site No. 11, Elm Hill Public Use Area located on the west bank of the reservoir at approximately River Mile 9.9.

(k) Site No. 12, Smith Springs Recreation Area located on the west bank of the reservoir at approximately River Mile 14.

(l) Site No. 13, Cook Recreation Area located on the east bank of the reservoir at approximately River Mile 11.4.

(m) Site No. 14, Seven Points Recreation Area located on the east bank of the reservoir at approximately River Mile 12.

(n) Site No. 6, Anderson Road Day Use Area is located on the west bank of the reservoir at approximately River Mile 13.

(o) Site No. 26, Hamilton Creek Launch Ramp is located on the west bank of the reservoir at approximately River Mile 10.5.

(p) Site No. 11, Fate Sanders Day Use Area is located on the east bank of the reservoir at approximately River Mile 30.5.

(q) Site No. 15, Jefferson Springs Day Use Area is located on the west bank of the reservoir at approximately River Mile 36.

(r) Site No. 10, Poole Knobbs Day Use Area is located on the west bank of the reservoir River Mile 28.

(s) Site No. 13, Stewart Creek Day Use Area is located on the west bank of the reservoir at approximately River Mile 29.5.

(t) Site No. 4, Seven Points Campground Launch Ramp is located on the east bank of the reservoir at approximately River Mile 12.

(u) Site No. 3, Cook Day Use Area Launch Ramp is located on the east bank of the reservoir at approximately River Mile 8.5.

(v) A portion of the area leased by the YMCA lying within a cove located on the left descending bank, east of the Smith Springs Recreation Area, which extends outward in a 300-foot radius, more or less, from the YMCA dock as delineated by a line of buoys.

(w) A cove on the left descending bank adjoining the YMCA property at Stones River Mile approximately 5.3.

(2) All areas listed above are further identified by informational buoys in the water on entering or leaving the areas and by informational signs at launching ramps located within or near the areas.

(3) Vessels being operated on J. Percy Priest lake within the Hermitage Recreation area, as delineated by a line of informational buoys, in Davidson County, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard or similar devices.

(4) Vessels are prohibited in the sites described below:

(a) Cook Recreation Area swimming beaches (b) Anderson Road Recreation Area swimming beach (c) Seven Points Recreation Area swimming beaches (d) Poole Knobs Recreation Area swimming beach The areas listed above are further identified by informational buoys.

(5) Vessels being operated on Percy Priest Reservoir within the Stewart Creek Fishing Cove at Stones River Mile 14.0 as delineated by a line of informational buoys shall be operated as follows:

(a) Vessels operate with electric trolling motors and paddles only.

(b) Area designated as fish-only zone.

(6) Vessels being operated on Percy Priest Reservoir within the Vivrette Creek Fishing Cove located on the east bank of the reservoir at approximately River Mile 12.5 in Suggs Creek as delineated by a line of informational buoys shall be operated as follows:

(a) Vessels operated with electric trolling motors and paddles only.

(b) Area designated as fish-only zone.

(7) Vessels being operated on Percy Priest Reservoir within the cove known as Party Cove on the left descending bank of the reservoir and west of the Hobson Pike Bridge and within the lease area of the YMCA Camp as delineated by a line of buoys shall be restricted to vessels operating with electric trolling motors and paddles only from May 1 through September 30.

From October 1 through April 30, this will be a no-wake zone.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed August 2, 1982; effective August 31, 1982. Amendment filed October 26, 1988; effective December 10, 1988. Amendment filed June 11, 1992; effective July 26, 1992. Amendment filed July 31, 1998; effective October 14, 1998. Amendment filed March 31, 2000; effective June 14, 2000. Amendment filed June 3, 2008; effective August 17, 2008.

Tenn. Comp. R. & Regs. 1660-02-07-.06 PICKWICK LAKE

(1) Vessels being operated on Pickwick Lake within the Winn Springs Cove area, as delineated by a line of informational buoys, near River Mile 214 in Hardin County, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(2) Vessels being operated within Slate Rock Creek, Sulphur Creek, and Caney Creek, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

History

• Authority: T.C.A. §§ 69-10-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed May 28, 1975; effective June 28, 1975. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.07 CENTER HILL LAKE

(1) Vessels being operated on Center Hill Reservoir within the Floating Mill Park Recreation Area as delineated by a line of informational buoys shall be operated, as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(2) Vessels being operated on Center Hill Lake within the area adjacent to Sand Beach, Rock Island State Park, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(3) Vessels being operated on Center Hill Lake within the Ragland Bottom, Johnson Chapel, and Hurricane Bridge Recreation Areas, as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(4) Vessels being operated on Center Hill Reservoir near Cookeville Boat Dock Marina within the Falling Water River channel spanning the entire waterway, as delineated by a line of information buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(5) Vessels being operated on Center Hill Reservoir within the Caney Fork River arm near Sligo Marina, as delineated by a line of informational buoys spanning the entire waterway, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(c) This zone is effective from May 15 to September 15 annually.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed April 26, 2013; effective July 25, 2013. Emergency rule filed July 12, 2021; effective through January 8, 2022. Emergency rule expired effective January 9, 2022, and the rule reverted to its previous status. Amendments filed November 16, 2021; effective February 14, 2022. Amendments filed November 1, 2022; effective January 30, 2023.

Tenn. Comp. R. & Regs. 1660-02-07-.08 BEECH RIVER WATERSHED LAKES

(1) The following rules are applicable to these lakes:

Beech Pine Sycamore Cedar Pin Oak Dogwood Redbud (a) All motorboats operating within 150’ of boat launching ramps as designated by buoys shall be operated at a “Slow-No Wake” speed, and shall not tow a person on skis, surfboard or similar devices.

(b) Motorboats are prohibited from operating within areas designated by buoys for swimming.

(c) Beech Lake, Henderson County-Vessels operating in the first cove north of Beech Lake Dam on the east side of the lake, as delineated by a line of information buoys, shall operate at a “Slow-No Wake” speed.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed July 14, 1980; effective August 28, 1980. Amendment filed October 4, 1989; effective November 18, 1989.

Tenn. Comp. R. & Regs. 1660-02-07-.09 WATAUGA LAKE

(1) All vessels are prohibited from U.S. Forest Service Watauga Point Recreation Swim Area (WRM 40.1L) and U.S. Forest Service Shook Branch Swim Area (WRM 37L) as delineated by line of “No Boating” buoys.

(2) Vessels being operated on Watauga Reservoir at U.S. Forest Service’s Rat Branch Boat Ramp (WRM 37.0L) as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed August 10, 1995; effective October 24, 1995. Amendment filed January 5, 2001; effective March 22, 2001. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.10 TIMS FORD LAKE

(1) Vessels being operated on Tims Ford Lake within a portion of Hasty Hollow Cove and Tennessee Elk River Development Association’s Campground Cove (River Mile 153), as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(2) Vessels being operated within Travis Hollow at River Mile 140 on Tims Ford Reservoir, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(3) Vessels being operated in an area delineated by signs and/or buoys near the mouth of Rock Creek and Elk River Mile 162 shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices within the “Slow-No Wake” area.

(4) Vessels are prohibited in the swimming area located in the Dry Creek embayment adjacent to the Highway 50 bridge.

(5) Vessels being operated on Tims Ford Lake in the Dry Creek section which is located adjacent to State Highway 50 in Franklin County and delineated by informational buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(6) Vessels being operated on Tims Ford Lake in Boiling Fork Creek near the State Highway 130 bridge as delineated by signs and/or buoys shall be operated as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(7) Vessels being operated in the area delineated by signs and/or buoys at the Tims Ford Reservation access ramp, Elk River Mile 133.6L shall operate as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices within the “Slow-No Wake” area.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed November 4, 1976; effective December 4, 1976. Amendment filed June 9, 1978; effective July 10, 1978. Amendment filed June 11, 1981; effective July 27, 1981. Amendment filed July 12, 1985; effective August 11, 1985. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed August 29, 1990; effective October 13, 1990. Amendment filed August 9, 1993; effective October 23, 1993. Amendment filed March 10, 1995; effective May 24, 1995. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.11 SPECIAL AREAS

(1) All motorboats being operated within 300 feet of a commercial dock or marina shall be operated at a “Slow-No Wake” speed unless otherwise marked and approved under Rule

Tenn. Comp. R. & Regs. 1660-02-07-.12 NORMANDY RESERVOIR

(1) All motor boats being operated within the areas described herein will be operated at a “Slow- No Wake” speed:

(a) Cedar Point Recreation Area, located at River Mile 251, from approximately 100 yards out from summer pool and covering an area 600 yards in length.

(b) Barton Springs Recreation Area, located near River Mile 252 near the swimming area and launching ramp as delineated by a line of “Slow-No Wake” buoys.

(c) Barton Springs Bridge (Hiles Road) as delineated by signs and/or buoys.

(d) Normandy Dam Reservation access ramp, Duck River Mile 248.8L as delineated by buoys.

(e) Wards Chapel ramp, Duck River Mile 255.2R as delineated by buoys.

(2) Vessels on Normandy Reservoir are prohibited within the swimming areas as delineated by signs and/or buoys at the following locations:

(a) Barton Springs Recreation Area.

(b) Cedar Point Recreation Area.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed June 9, 1978; effective July 10, 1978. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed April 16, 1993; effective May 31, 1993. Amendment filed January 30, 1995; effective April 15, 1995.

Tenn. Comp. R. & Regs. 1660-02-07-.13 COLD CREEK

(1) Vessels being operated on Cold Creek shall operate at a “Slow-No Wake” speed.

(2) Skiing permitted only on Wednesdays, Thursdays, Sundays, the 4th of July and Labor Day from 12:00 noon to sunset on Cold Creek Chute.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed March 6, 1979; effective April 20, 1979. Amendment filed October 4, 1989; effective November 18, 1989.

Tenn. Comp. R. & Regs. 1660-02-07-.14 FORT LOUDOUN LAKE

(1) All vessels being operated within the mouth of Little Turkey Creek from the Northshore Drive Bridge to a point approximately 600’ within the cove delineated by a line of informational buoys or signs shall operate at a “Slow-No Wake” speed.

(2) All vessels are prohibited from two Fort Loudoun Dam Reservation swimming beaches (T.R.M. 602.5R) and Yarberry Peninsula swimming beach (T.R.M. 604.6L) as delineated by a line of “No Boating” buoys.

(3) Vessels being operated on Fort Loudoun Lake at Fort Loudoun Dam Reservation Boat Ramp (T.R.M. 602.5R) as delineated by a line of informational buoys or signs shall operate at a “Slow-No Wake” speed.

(4) Vessels being operated on Fort Loudoun Lake at T.V.A.’s Poland Creek Recreation Area public ramp (T.R.M. 620.3) as delineated by a line of informational buoys or signs shall operate at a “Slow-No Wake” speed.

(5) All vessels are prohibited in the Knox County Concord park Swimming Beach Area at Fort Loudoun Reservoir (Tennessee River Mile 616.3R) as delineated by a line of “No Boating” buoys.

(6) All vessels being operated on Fort Loudoun Reservoir in the area adjacent to the Cowan Park Boat Ramp (Tennessee River Mile 621.5R) as delineated by a line of information buoys shall operate at a “Slow-No Wake” speed.

(7) All vessels are prohibited from operating within the designated zone near the City of Knoxville water intake. The area is in the vicinity of Tennessee River Mile 649.4.

(8) Vessels operating on the Little River arm of Fort Loudoun Reservoir near the Hwy 129 bridge and the Norfolk Southern railroad bridge as delineated by lines of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed March 6, 1979; effective April 20, 1979. Amendment filed July 2, 1979; effective August 16, 1979. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed August 10, 1995; effective October 24, 1995. Amendment filed July 31, 1998; effective October 14, 1998. Amendment filed February 25, 2004; effective May 10, 2004. Emergency rule filed May 28, 2010; effective through November 24, 2010. Emergency rule expired effective November 25, 2010, and the rule reverted to its previous status. Amendments filed November 1, 2022; effective January 30, 2023. Emergency rule filed February 20, 2024; effective through August 18, 2024. Emergency rule expired effective August 19, 2024, and the rule reverted to its previous status.

Tenn. Comp. R. & Regs. 1660-02-07-.15 CHICKAMAUGA LAKE

(1) All vessels being operated in the Wolftever Creek area from the Wolftever Creek Highway 58 Bridge to a point approximately 100 yards upstream from the Harrison Bay boat launching ramp, as delineated by a line of informational buoys and signs, shall be operated at a “Slow- No Wake” speed.

(2) All vessels operating in the Lee branch tributary of Possum Creek from the first Lutheran Boat House to the end of the slough (approximately 600 yards) and delineated by a line of information buoys shall operate at a “Slow-No Wake” speed.

(3) All vessels being operated on Chickamauga Reservoir in an area around the Chester Frost Park boat launching ramp, as delineated by a line of buoys, shall operate at a “Slow-No Wake” speed.

(4) All vessels are prohibited in the T.V.A. Swimming Area at Chickamauga Beach from May 1 through Labor Day as delineated by a line of “No Boating” buoys.

(5) All vessels being operated on Chickamauga Reservoir in the Little Ware Branch Embayment, as delineated by information buoys, shall operate at a “Slow-No Wake” speed.

(6) All vessels being operated on Chickamauga Reservoir in the cove due north of T.R.M. 482.5 as marked by information buoys shall operate at a “Slow-No Wake” speed.

(7) All vessels being operated within the following T.V.A. Recreation Area Ramps will be operated at a “Slow-No Wake” speed as delineated by a line of buoys:

(a) Grasshopper Creek Recreation Area Ramp at approximately T.R.M. 494.2.

(b) Chickamauga Dam Reservation Ramp at approximately T.R.M. 471.5.

(c) Possum Creek Recreation Area Ramp at approximately T.R.M. 489.7.

(d) Sale Creek Recreation Area Ramp at approximately T.R.M. 495 and Sale Creek Mile 2.1 (8) All vessels are prohibited from operating within the following T.V.A. Recreation Area Beaches as delineated by a line of buoys from May 1 through Labor Day.

(a) Possum Creek at approximately T.R.M. 489.7.

(b) Armstrong Ferry at approximately T.R.M. 505.6.

(c) Sale Creek at approximately T.R.M. 495 and Sale Creek Mile 2.1.

(d) Agency Creek at approximately Hiwassee River Mile 7.2.

(e) Grasshopper Creek at approximately T.R.M. 494.2.

(f) Skull Island at approximately T.R.M. 485.

(g) Little Possum Creek at approximately T.R.M. 489.7.

(9) All vessels being operated within the Savannah Bay Area of Wolftever Creek at the Savannah Bridge, as delineated by informational signs and or buoys, shall be operated at a “Slow-No Wake” speed; towing of surfboards, tubes, skis, and similar devices is prohibited within the zoned area.

(10) All vessels being operated on Chickamauga Lake in the cove of the First Presbyterian Church Camp located on the west bank at T.R.M. 493.5L as marked by a line of informational buoys shall operate at a “Slow-No Wake” speed from June 1 through September 1.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed July 14, 1980; effective August 28, 1980. Amendment filed July 8, 1987; effective August 22, 1987. Amendment filed April 22, 1988; effective June 6, 1988. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed April 20, 1998; effective July 14, 1998. Amendment filed March 31, 2000; effective June 14, 2000. Amendment filed October 3, 2001; effective December 17, 2001.

Tenn. Comp. R. & Regs. 1660-02-07-.16 LAND BETWEEN THE LAKES

(1) Vessels operating on the body of water known as Bards Lake shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) The use of water skis, surfboards, or similar devices within the “Slow-No Wake” area is prohibited.

(c) Boating shall be prohibited within designated swimming or training areas.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed June 11, 1981; effective July 27, 1981. Amendment filed October 4, 1989; effective November 18, 1989.

Tenn. Comp. R. & Regs. 1660-02-07-.17 CHEATHAM RESERVOIR

(1) Vessels on Cheatham Reservoir within Sycamore Creek (Cumberland River Mile 154.2), in the area between a line of buoys located at the Chapmansboro Road Bridge (Sycamore Creek Mile .7) downstream to the mouth of the creek (Sycamore Creek 0.0) shall be operated as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Vessels shall not tow a person on water skis, surfboard, or similar devices.

(2) Vessels operating in the Overall Creek embayment at about River Mile 172.5 on Cheatham Reservoir shall operate at a “Slow-No Wake” speed.

(3) Vessels in Brush Creek embayment at about River Mile 161 shall operate at a “Slow-No Wake” speed.

(4) Vessels operating within Sams Creek (Cumberland River Mile 161.7) beginning at the boat ramp beside State Route 251 (Sams Creek Mile 0.0) as designated by a line of buoys and running the entire length of Sams Creek, shall be operated as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Vessels shall not tow a person on water skis, surfboard, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed August 2, 1982; effective August 31, 1982. Amendment filed February 26, 1987; effective April 12, 1987. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed May 3, 1996; effective July 17, 1996.

Tenn. Comp. R. & Regs. 1660-02-07-.18 TELLICO RESERVOIR

(1) Vessels being operated on Tellico Reservoir in an area around Old Ft. Loudoun State Historic Area, as delineated by a line of buoys shall operate at a “Slow-No Wake” speed.

(2) All motorboats being operated within the sites described below shall be operated at a “Slow- No Wake” speed and shall not tow a person on water skis, surfboard or similar devices.

(a) Site #1-Lotterdale Cove Campground Beach and Boat Ramp located on east bank of the reservoir approximately Little Tennessee River Mile 9.5.

(b) Site #2-Poplar Springs Beach and Boat Ramp located on west bank of the reservoir approximately Little Tennessee River Mile 3.7, the area known as Poplar Springs.

(c) Site #3-Notchy Creek Campground Beach and Boat Ramp located on west bank of the reservoir in Notchy Creek approximately Tellico River Mile 5.4.

(d) Site #4-Toqua Day Use Area Beach and Boat Ramp located on the west bank of the reservoir approximately Little Tennessee River Mile 21.7.

(e) Site #5-Vonore Beach and Boat Ramp located on the west bank of the reservoir in the Island Creek section at approximately Little Tennessee River Mile 16.7.

(f) Site #6-Clear Creek Boat Ramp located on the west bank of the reservoir in the Clear Creek section at approximately Little Tennessee River Mile 10.8.

(g) Site #7-Baker Creek Access Area located on the east bank of the reservoir in Baker Creek at approximately Little Tennessee River Mile 13.8.

(h) Site #8-Tellico Lake Dam Reservation Ramp (Tellico River Mile 4R).

(i) Site #9-Poplar Creek located under the bridge that crosses the said creek on Tellico Parkway, Little Tennessee River Mile 4.4L.

(j) Site #10-Clear Creek located under the bridge on Tellico Parkway in Clear Creek Embayment, Little Tennessee River Mile 11.0L.

(k) Site #11-Tellico River located at a metal culvert under SR360 (Vonore-Taqua Highway Bridge), Tellico River Mile 2.5R.

(l) Site #12-Hammontree Branch located at a metal culvert under SR72, Little Tennessee River Mile 23.2R.

(m) Site #13-Tellico Yacht Club at approximately Little Tennessee River Mile 7.8.

(n) Site #14-Tanasi Yacht Club at approximately Little Tennessee River Mile 5.3.

(3) All areas above are further identified as delineated by a line of information buoys.

(4) All vessels are prohibited in the Chota Park Swimming Beach Area (Little Tennessee River Mile 7.5L) as delineated by a line of “No Boating” buoys.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed January 24, 1984; effective February 23, 1984. Amendment filed April 20, 1988; effective June 4, 1988. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed March 7, 2001; effective May 21, 2001. Amendment filed September 16, 2003; effective November 30, 2003.

Tenn. Comp. R. & Regs. 1660-02-07-.19 NICKAJACK RESERVOIR

(1) All vessels utilizing Nickajack Reservoir in an area around Nickajack Cave Bridge, as delineated by buoys and/or signs, shall operate at a “Slow-No Wake” speed and shall not tow a person on water skis, surfboard, inner tube or similar devices.

(2) All vessels being operated within the sites delineated by informational buoys and/or signs, described below shall be operated at a “Slow-No Wake” speed and shall not tow a person on water skis, surfboard, inner tube or similar devices.

(a) Site #1-Maple View Public Use Area located on the south bank of the reservoir at approximately Tennessee River Mile 425.

(b) Site #2-Running Water Bridge under Highway 156 located at approximately Tennessee River Mile 419.5.

(c) Site #3-Shellmound Recreation Area beach, boat ramp and pier located on the north bank of the reservoir at approximately Tennessee River Mile 425.5.

(d) Site #4-Marion County Park boat ramp located between Hwy. 41 and Interstate 24 on the north bank of the reservoir at approximately Tennessee River Mile 429.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed April 9, 1984; effective May 9, 1984. Amendment filed May 11, 1990; effective June 25, 1990. Amendment filed April 26, 2013; effective July 25, 2013. Rule 1660-02-07-.19(2)(d) suspended October 14–15, 2023, pursuant to Proclamation 23-10 filed August 29, 2023. Rule 1660-02-07-.19(2)(d) suspended October 12–13, 2024, pursuant to Proclamation 24-13 filed August 29, 2024. Rule 1660-02-07-.19(2)(d) suspended October 11– 12, 2025, pursuant to notice filed October 6, 2025. Rule 1660-02-07-.19(2)(d) suspended October 9–11, 2026, pursuant to Proclamation 26-12 filed August 21, 2026.

Tenn. Comp. R. & Regs. 1660-02-06-.01 , or a specific rule and regulation.

(a) The measurement shall be made from the last structure associated with the dock or marina except as noted above.

(b) For this rule, a commercial marina is defined as any permanent facility accessible by boat which:

1. Offers goods or services to the general public in exchange for currency or other consideration, 2. Has a valid business license, if required, and a Tennessee Tax Identification number, 3. Is permitted by the U.S. Corps of Engineers, and the Tennessee Valley Authority if applicable, as a commercial boat dock or marina.

(2) No person shall operate or use any vessel, within the area designated and appropriately marked as a hazardous area, below any dam and/or lock unless each person aboard is wearing a U.S. Coast Guard approved wearable flotation device in accordance with the approval label.

(a) This regulation is not intended to affect regulations promulgated by other governmental agencies, federal or state, related to activities that may or may not be conducted within said hazardous area.

(3) Vessels being operated within 300 yards of the Tennessee Wildlife Resources Agency access ramp on Indian Creek will be operated at a “Slow-No Wake” speed.

(4) Vessels being operated on Deer Creek located at River Mile 125 on Kentucky Lake shall operate at a “Slow-No Wake” speed within the embayment area.

(5) Water skiing is prohibited on Great Falls Reservoir in the Rock River Embayment from its mouth upstream to Blanks Bridge.

(6) Vessels being operated on Crooked Creek located at River Mile 121.5 on Kentucky Lake shall operate at a “Slow-No Wake” speed from the mouth of the Tennessee River to the Crooked Creek embayment.

(7) Vessels being operated within the buoyed area in Eagle Creek located at River Mile 1 on the Big Sandy River, from a point east of Big Eagle picnic area, west to the west boundary of Buchanan’s boat dock, shall operate at a “Slow-No Wake” speed.

(8) Vessels on Reelfoot Lake are prohibited from the Highway 21 Bridge, in Lake County, south to the new Reelfoot Lake spillway, as marked by signs.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule certified May 8, 1974. Amendment filed November 20, 1975; effective December 20, 1975. Amendment filed November 4, 1976; effective December 4, 1976. Amendment filed June 8, 1977; effective July 8, 1977. Amendment filed February 6, 1978; effective March 8, 1978. Amendment filed April 20, 1988; effective June 4, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed October 4, 1989; effective November 18, 1989. Amendment filed January 28, 2002; effective April 13, 2002. Amendment filed April 26, 2004; effective July 10, 2004. Amendment filed April 26, 2013; effective July 25, 2013. Amendment filed March 16, 2017; effective June 14, 2017. Amendments filed October 1, 2018; effective December 30, 2018.

Tenn. Comp. R. & Regs. 1660-02-07-.20 REPEALED

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed February 26, 1986; effective March 28, 1986. Repeal filed July 25, 1986; effective September 8, 1986.

Tenn. Comp. R. & Regs. 1660-02-07-.21 BOONE LAKE

(1) All vessels being operated on Boone Lake in the area adjacent to the T.V.A. Boone Dam Access Ramp as delineated by a line of informational buoys shall operate at a “Slow-No Wake” speed.

(2) All vessels are prohibited in the T.V.A. Swimming Area at Boone Lake Dam Reservation Beach (South Fork Holston River Mile 18R) as delineated by a line of “No Boating” buoys.

(3) All vessels are prohibited from Johnson City’s Winged Deer Park Fishing Boardwalk under Devault Bridge Hwy. 11-E (WRM 10.9L) as delineated by a line of “No Boating” buoys.

(4) Vessels being operated on Boone Lake adjacent to Johnson City’s Winged Deer Park Fishing Boardwalk’s “No Boating” zone, (WRM 10.9L) and Tennessee Wildlife Resources Agency Boat ramp (WRM 11.0L) as delineated by a line of informational buoys or signs, shall operate at a “Slow-No Wake” speed.

(5) Vessels being operated on Boone Lake at Bluff City Access Area (SFHRM 34.3L) as delineated by a line of informational buoys or signs, shall operate at a “Slow-No Wake” speed.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 28, 1987; effective July 10, 1987. Amendment filed January 6, 1997; effective March 22, 1997. Amendment filed September 28, 2000; effective December 12, 2000.

Tenn. Comp. R. & Regs. 1660-02-07-.22 KENTUCKY LAKE

(1) Vessels being operated on Ricketts Creek at River Mile 126.5 on Kentucky Lake shall operate at a “Slow-No Wake” speed from the mouth of Ricketts Creek through the waters extending west to a point of 100 yards west of the facilities operated by Ricketts’ Creek Enterprises.

(2) All vessels being operated from the mouth of Spring Creek, which is located at River Mile 133 on Kentucky Lake, shall operate at a “Slow-No Wake” speed into the creek for approximately 300 yards to 100 yards north and northeast of the Spring Creek Access Launching Ramp.

(3) All vessels are prohibited in the Paris Landing State Park Swimming Area as delineated by a line of buoys located just southwest of the U.S. Highway 79 bridge near Tennessee River Mile 66.5 in Henry County.

(4) All vessels being operated in the area of the confluence of the Beech River and Tennessee River (approximately Tennessee River Mile 135.7) upstream to the State Highway 100 bridge, as delineated by the appropriate buoys, shall operate at a “Slow-No Wake” speed.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 26, 1988; effective December 10, 1988. Amendment filed June 8, 1989; effective July 23, 1989. Amendment filed February 22, 1996; effective May 7, 1996. Amendment filed May 19, 2000; effective August 2, 2000. Amendment filed December 19, 2019; effective March 18, 2020.

Tenn. Comp. R. & Regs. 1660-02-07-.23 WATTS BAR LAKE

(1) Motorboats in the cove around Spring City Park in the Wolf Creek Embayment of Watts Bar Lake extending from the bridge on new Lake Road to a point marked by a line of informational buoys approximately 50 yards northeast of the TWRA fishing pier shall operate at a “Slow-No Wake” speed.

(2) Vessels operating in the Bowman Branch slough of Watts Bar Lake around Roane County Park shall operate at a “Slow-No Wake” speed from the mouth of said slough to a point approximately 300 yards to the rear of the slough as marked by a line of informational buoys.

(3) Vessels operating in the cove around Shelton’s Campground located near the mouth of White’s Creek at Tennessee River Mile 545 shall operate at a “Slow-No Wake” speed and shall not tow persons on water skis, surfboards, or similar devices as delineated by a line of informational buoys and signs.

(4) All vessels being operated within the following T.V.A. Recreation Area Ramps will be operated at a “Slow-No Wake” speed as delineated by a line of buoys:

(a) Watts Bar Dam Reservation at approximately T.R.M. 530.2.

(b) Hornsby Hollow at approximately T.R.M. 540.

(c) Fooshee Pass at approximately T.R.M. 538.3.

(d) Riley Creek at approximately T.R.M. 570.2.

(5) All vessels are prohibited from operating within the following T.V.A. Recreation Area Beaches as delineated by a line of buoys from May 1 through Labor Day.

(a) Watts Bar Dam Reservation at approximately T.R.M. 530.2.

(b) Rhea Springs at approximately T.R.M. 532.4 and Pine River Mile 3.5.

(c) Fooshee Creek at approximately T.R.M. 538.3 (d) Riley Creek at approximately T.R.M. 570.2.

(e) Hornsby Hollow at approximately T.R.M. 540.

(6) All vessels being operated on Watts Bar Lake in the cove of the Boy Scouts, Camp Buck Toms, located on the west bank at T.R.M. 549.8L as delineated by a line of buoys and/or inf ormational signs, shall operate at a “Slow-No Wake” speed from June 1 through September 1.

(7) All vessels being operated within the Camp Creek Cove at Lakeside Resort located off of Whites Creek on Watts Bar Lake as delineated by a line of buoys and/or informational signs, shall be operated at a “Slow-No Wake” speed. Towing of surfboards, tubes, skis, and similar devices is prohibited within the zoned area.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 26, 1988; effective December 10, 1988. Amendment filed March 10, 1995; effective May 24, 1995. Amendment filed July 31, 1998; effective October 14, 1998. Amendment filed October 3, 2001; effective December 17, 2001.

Tenn. Comp. R. & Regs. 1660-02-07-.24 OCOEE RIVER

Motorized vessels are prohibited between Ocoee River Mile 19.5 and Ocoee Dam No. 3 as designated by informational signs.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 11, 1990; effective June 25, 1990.

Tenn. Comp. R. & Regs. 1660-02-07-.25 CHEROKEE RESERVOIR (CHEROKEE DAM)

(1) Vessels being operated on Cherokee Reservoir at Cherokee Dam, within the cove delineated by a line of informational buoys and signs, in Jefferson County, shall operate as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow persons on water skis, surfboards, inner tubes, or similar devices.

(2) All vessels are prohibited in the T.V.A. Swimming Area at Cherokee Dam Reservation Beach (HRM 53.2L) as delineated by a line of “No Boating” buoys.

History

• Authority: T.C.A. § 70-1-206.
• Administrative History: Original rule filed May 11, 1990; effective June 25, 1990. Amendment filed October 21, 1991; effective December 5, 1991. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.26 MELTON HILL RESERVOIR

(1) All vessels are prohibited in the T.V.A. Swimming Area at Melton Hill Reservoir Beach (CRM 23.5L) as delineated by a line of “No Boating” buoys.

(2) Vessels being operated on Melton Hill Lake at Melton Hill Dam Boat Ramp (CRM 23.4L) as delineated by a line of information buoys shall operate as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube or similar devices.

(3) All vessels are prohibited from Clark Center Recreation Park Swimming Beach (CRM 37.5R) as delineated by a line of “No Boating” buoys.

(4) Vessels being operated on Melton Hill Reservoir at Clark Center Recreation Park (CRM 37.5R) as delineated by a line of informational buoys or signs, shall operate at a “Slow-No Wake” speed. Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 21, 1991; effective December 5, 1991. Amendment filed March 10, 1995; effective May 24, 1995. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.27 DOUGLAS LAKE

(1) All vessels are prohibited in the T.V.A. Swimming Area at Douglas Dam Reservation Beach (FBRM 32.5L) as delineated by a line of “No Boating” buoys.

(2) Vessels being operated on Douglas Lake at Douglas Dam Reservation Boat Ramp (FBRM 32.5L) as delineated by a line of information buoys shall operate as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, or similar devices.

(3) All vessels in the vicinity of French Broad River Mile 49.5, as delineated by a line of buoys and/or signs, shall be operated as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Vessels shall not tow water skis, tubes, surfboards, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 21, 1991; effective December 5, 1991. Amendment filed March 29, 2000; effective June 12, 2000.

Tenn. Comp. R. & Regs. 1660-02-07-.28 NORRIS RESERVOIR

(1) All vessels are prohibited in the T.V.A. Swimming Area at Loyston Beach (Mill Creek Mile 1.2L) as delineated by a line of “No Boating” buoys.

(2) From April 15 - September 15 of each year, vessels operated on Norris Lake at Anderson County Park Boat Ramps, two (2) (CRM 98.4L) and (CRM 87.7L), as delineated by a line of information buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, or similar devices.

(3) All vessels are prohibited in the Anderson County Park Swimming Beach (CRM 87.75L) as delineated by a line of “No Boating” buoys.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 21, 1991; effective December 5, 1991. Amendment filed April 6, 1993; effective May 31, 1993. Amendment filed August 10, 1995; effective October 24, 1995. Emergency rule filed May 28, 2010; effective through November 24, 2010. Emergency rule expired effective November 25, 2010, and the rule reverted to its previous status.

Tenn. Comp. R. & Regs. 1660-02-07-.29 SOUTH HOLSTON LAKE

(1) Vessels being operated on South Holston Lake in the vicinity of the Sullivan County Recreation Area in Painter Spring Branch (HRM 60.6R) and the boat ramp adjacent to Sullivan County Recreation Area (HRM 60.5R), as delineated by a line of informational buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard or similar devices.

(2) All vessels are prohibited from U.S. Forest Service’s Jacobs Creek Swim Area (SHRM 59.8L) as delineated by a line of “No Boating” buoys.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed April 16, 1993; effective May 31, 1993. Amendment filed August 10, 1995; effective October 24, 1995.

Tenn. Comp. R. & Regs. 1660-02-07-.30 PARKSVILLE LAKE

(1) Vessels being operated on Parksville Lake, Polk County, within the sites delineated by informational buoys and signs as described below shall operate at a “Slow-No Wake” speed and shall not tow persons on skis, surfboards, or similar devices.

(a) Kings Slough Access Area located in Bakers Creek Embayment approximately 1.1 miles from mouth of said embayment.

(b) Camp Ocoee located in Bakers Creek Embayment approximately 1.2 miles from mouth of said embayment.

(c) Parksville Access Area located on the north shore at Ocoee River Mile 15.5.

(d) East Parksville Access Area located on the north shore at Ocoee River Mile 15.6.

(e) Ocoee River at the confluence of Big Creek upstream to ORM 19.5.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed January 30, 1995; effective April 15, 1995. Amendment filed May 19, 2000; effective August 2, 2000.

Tenn. Comp. R. & Regs. 1660-02-07-.31 FORT PATRICK HENRY RESERVOIR

(1) All motorboats being operated within the site described below shall be operated at a “Slow- No Wake” speed and shall not tow a person on water skis, surfboard, or similar devices:

(2) Vessels being operated on Fort Patrick Henry Reservoir in the vicinity of Duck Island at Warrior Path State Park (HRM 11.7L) as delineated by a line of informational buoys shall operate as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed February 3, 1995; effective April 19, 1995.

Tenn. Comp. R. & Regs. 1660-02-07-.32 CORDELL HULL LAKE

(1) All motorboats being operated within 75 feet either side of the bridge on Tennessee State Highway 53 just west of the Jackson-Smith County Line at the mouth of Dillard Creek (a.k.a.

Indian Creek), Cumberland River Mile (CRM) 331.5 as designated by a line of buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(2) Vessels being operated near the cove adjacent to the Defeated Creek Campground which is located near the mouth of Defeated Creek on Cordell Hull Reservoir and delineated by a line of informational buoys at CRM 316.8 shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(3) Vessels being operated near the area known as Defeated Creek Day Use Area and ramp as delineated by a line of informational buoys located at Defeated Creek River Mile (DCRM) 2.0 shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(4) Vessels being operated near the Indian Creek Campground and ramp located 1.5 miles upstream from the Hwy 53 bridge as delineated by a line of informational buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(5) Vessels being operated near the Salt Lick Campground located approximately 1.0 mile upstream from the confluence of Salt Lick Creek and Cumberland River, CRM 337.6, and delineated by a line of informational buoys shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

(6) Vessels being operated on Cordell Hull Lake in the portion of Flynn’s Lick Creek adjacent to Camp Discovery, as delineated by a line of buoys, shall be operated as follows:

(a) Motorboats shall operate at a “Slow-No Wake” speed.

(b) Motorboats shall not tow a person on water skis, surfboard, inner tube, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed April 29, 1996; effective July 13, 1996. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.33 LAKE BARKLEY

(1) All vessels in the vicinity of the Dyer’s Creek Recreation Area Launching Ramp, as delineated by buoys and/or signs, shall be operated as follows:

(a) Vessels shall operate at a “Slow-No Wake” speed.

(b) Vessels shall not tow water skis, tubes, surfboards, or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000.

Tenn. Comp. R. & Regs. 1660-02-07-.34 DALE HOLLOW LAKE

(1) All vessels being operated within two-hundred feet (200’) of Sunset Marina shall be operated at a “Slow-No Wake” speed.

(2) All vessels being operated around Sunset Marina and Hwy. 111 Bridge as delineated by a line of informational signs and buoys shall not tow persons on skis, surfboards, tubes, and similar devices between May 1 and October 1.

(3) All vessels being operated within approximately thirty-five hundred feet (3500’) on the east side (upstream) and eleven-hundred feet (1100’) on the west side (downstream) of the Highway 111 bridge, as delineated by a line of informational buoys, shall be operated at a “Slow-No Wake” speed from May 15 through September 15.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Amendment filed October 16, 2002; effective December 30, 2002. Amendments filed April 30, 2024; effective July 29, 2024.

Tenn. Comp. R. & Regs. 1660-02-07-.35 WOLF RIVER EMBAYMENT (MUD ISLAND HARBOR)

(1) All vessels operating in that portion of the Wolf River from the mouth (WRM 0) upstream to the Interstate 40 bridge, as delineated by signs or buoys, shall operate at a “Slow-No Wake” speed and shall not tow a person on water skis, surfboard, inner tube or similar devices.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed May 31, 2000; effective August 14, 2000. Repeal and new rule filed January 5, 2001; effective March 22, 2001. Amendment filed April 26, 2013; effective July 25, 2013.

Tenn. Comp. R. & Regs. 1660-02-07-.36 PUBLIC FACILITIES

Launching Areas, transient boat facilities, docks, and swimming beaches intended for public use which are owned by the state, local, or federal government, including the Tennessee Valley Authority, may be marked as necessary and appropriate with informational signs or buoys as either “Slow-No Wake,” “No Towing,” or “Boats Keep Out.”

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed October 3, 2001; effective December 17, 2001.

Tenn. Comp. R. & Regs. 1660-02-07-.37 REPEALED

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Emergency rule filed May 8, 2009; effective through October 20, 2009. Emergency rule filed May 8, 2009, expired on October 21, 2009, and rule reverted to its previous status. New rule filed July 27, 2009; effective October 25, 2009. Repeal filed April 15, 2011; effective July 14, 2011.

Chapter 1660-02-08 Issuance of Special Permits

Tenn. Comp. R. & Regs. 1660-02-08-.01 SKI JUMPS

Those persons desiring to place a ski jump ramp on the waters of Tennessee must make application for such ramp in writing to the executive director of the Tennessee Wildlife Resources Agency and must be able to comply with the following:

(1) (a) They must accompany the request with documentation showing approval has been obtained from the appropriate federal agencies (i.e., U.S. Army Corps of Engineers or TVA).

(b) The application may be in letter form and must indicate:

1. The exact location desired.

2. Acknowledgement that the ramp will be maintained in safe condition at all times.

(c) Permits will not be issued for ski jump ramps to be installed in a permanent mooring basis.

(d) Ski jump ramps approved to be left overnight except within 300 feet from boat docks must be adequately marked and equipped with amber colored flashing light.

(e) Ski jump ramps must be constructed and equipped with adequate means of preventing nonauthorized use. Such equipment must be installed and utilized in such a manner as to not be a hazard.

(f) Ski jump ramps may be placed on the water for use only for the dates specified on the permit.

History

• Authority: T.C.A. §70-1-206.
• Administrative History: Original rule filed April 18, 1977; effective May 18, 1977. Amendment filed May 19, 1980; effective July 3, 1980.

Chapter 1660-02-09 Rules and Regulations Governing Noise Level Standards

Tenn. Comp. R. & Regs. 1660-02-09-.01 NOISE LEVEL STANDARDS

(1) No person shall operate any vessel in or upon the waters of Tennessee in such a manner so that the total noise produced by the watercraft exceeds 86 dBA at a distance of 50 feet or more, whether or not said vessel is in motion.

(a) Measurements shall be made with a Type I or Type II sound level meter which meets the requirements of the American National Standards Institute SI.4-1971.

(b) Measurements shall be taken at a minimum distance of 50 feet, and in so far as practical, be taken at an angle approximately perpendicular to the vessel in question.

(c) A test course, if used in testing, shall consist of an approximately straight course 50 yards in length through which the vessel in question shall operate at full throttle; measurements shall be made at a minimum distance of 50 feet and at an angle approximately perpendicular to the vessel near the center of the course.

(d) Any duly commissioned officer of the Wildlife Resources Agency with a reason to suspect that a vessel is exceeding the noise limitation may require the vessel operator to transverse a noise emission test course as set forth herein.

(e) Any person who fails to comply with the directive to transverse the test course shall be subject to prosecution under T.C.A. § 69-9-301 et seq. and/or at the discretion of the officer, the vessel shall be ordered to immediately return to its mooring and cease operations.

History

• Authority: T.C.A. §§ 69-9-302 and 70-1-206.
• Administrative History: Original rule filed June 11, 1981; effective July 27, 1981. Amendment filed January 13, 2017; effective April 13, 2017.

Chapter 1660-02-10 Rules and Regulations Governing Personal Watercraft

Tenn. Comp. R. & Regs. 1660-02-10-.01 OPERATION OF PERSONAL WATERCRAFT

(1) “Personal Watercraft” shall mean a vessel propelled by machinery which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated by a person sitting or standing inside the vessel. It shall include, but not be limited to, jet skis, wet bikes, waverunners, sea-doos, and similar craft.

(2) No person shall operate a personal watercraft unless each person aboard is wearing a wearable personal flotation device as approved by the United States Coast Guard and in accordance with the approval label.

(3) No person shall operate a personal watercraft between sunset and sunrise.

(4) Personal watercraft shall not be operated in such a manner as to endanger life, limb, or property. Maneuvers such as, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to said vessel or when visibility around said vessel is obstructed, or riding unreasonably or unnecessarily close to ramps, docks, or the shore shall constitute unsafe or reckless operation.

(5) Exemptions: the provision of these rules shall not apply to a person’s participation in an event authorized by permit in accordance with T.C.A. § 69-10-211.

History

• Authority: T.C.A. §§ 69-9-209 and 70-1-206.
• Administrative History: Original rule filed July 8, 1994; effective September 21, 1994. Amendment filed January 13, 2017; effective April 13, 2017.

Chapter 1660-02-11 Rules and Regulations Regarding Marine Sanitation

Tenn. Comp. R. & Regs. 1660-02-11-.01 DEFINITIONS

(1) “Marine Sanitation” as used in these rules shall apply to waste associated with marine heads on vessels.

(2) Marine Sanitation Device shall mean any device on board a vessel which is designed to retain, treat, or discharge waste associated with a marine head.

(3) Commercial Facility: For the purpose of meeting the provisions of the marine sanitation law, a commercial facility shall be defined as one which received a fee or other consideration as payment for housing, storing, or mooring a vessel for a period of time exceeding 24 hours.

(4) Inoperable device: A device or system is considered inoperable when it can not be readily placed back in service.

(a) Examples of an inoperable device are:

1. systems on which Y valves have been secured in a position which prohibits improper discharge of waste. Y valves will be considered “secured” when held in the closed position by non-releasing wire ties or seals as furnished by the Wildlife Resources Agency.

2. systems where wiring has been removed in such a way that the device cannot readily be reconnected for use.

3. systems where hoses have been removed so that overboard discharge of untreated sewage on discharge lakes, or overboard discharge of any kind on no discharge lakes is not possible.

4. Removal of the “installed” head.

(b) Methods such as removal of fuses, locking doors which provide access to the head, and removal of Y valve handles shall not be considered as making a device or system inoperable.

History

• Authority: T.C.A. §§70-1-206, 69-9-209, and 69-10-216.
• Administrative History: Original rule filed April 29, 1996; effective July 8, 1996.

Tenn. Comp. R. & Regs. 1660-02-11-.02 MARINE AND DOCK COMPLIANCE

(1) Marinas and docks shall be deemed in compliance of the marine sanitation law when they:

(a) have on file an affidavit stating they do not house, store, or moor vessels which have holding tanks; or (b) provide a pump-out service subject to the provisions of 1660-2-110.02 or (c) have on file a current and valid agreement with another marina as in 1660-2-11-.02(3)(c).

(2) Marinas which provide a pumpout service shall adhere to the following provisions:

(a) The service shall be available during normal business hours including holidays.

(b) Marinas which cease operations during specific days or months shall notify their constituents (including those which they have acquired through contract with another marina) in advance of the closing dates. During the closure period, marinas shall have in place a system whereby vessels moored at their facility can arrange for pumpout service with at least a (5) day notice.

(3) A marina may contract with another marina or pumping service subject to the following conditions:

(a) the marina which agrees to provide the service shall have an approved system as outlined in 1660-2-11.02(2).

(b) contracting marinas shall not be farther apart than (4) water miles and accessible in a way that does not require vessels to be trailered or use a navigation lock.

(c) Contracts with pump out services not located at marinas shall assure that services are available as in 1660-2-11-.02(2) above and that service can be provided within 30 minutes upon request by the boater.

History

• Authority: T.C.A. §§70-1-206, 69-9-209, 69-9-216.
• Administrative History: Original rule filed April 29, 1996; effective July 8, 1996.

Tenn. Comp. R. & Regs. 1660-02-11-.03 VESSEL COMPLIANCE

(1) Vessels shall be deemed in compliance of the marine sanitation law when:

(a) the vessel does not have an installed head.

(b) the vessel is equipped with a holding tank which is constructed or secured in such a way that overboard discharge of sewage is not possible.

(c) The vessel is operating on waters designated as “approved for overboard discharge of marine waste” and has an operate U.S. Coast Guard approved Type 1 or 2 marine sanitation device attached to installed marine head.

(d) The vessel is operating on waters designated as “no discharge for marine waste” and has rendered inoperable any system that would allow overboard discharge of sewage.

History

• Authority: T.C.A §§70-1-206, 69-9-209, and 69-9-216.
• Administrative History: Original rule filed April 29, 1996; effective July 8, 1996.

Chapter 1660-02-12 Rules and Regulations for Boating Education

Tenn. Comp. R. & Regs. 1660-02-12-.01 BOATING EDUCATION PROGRAM

(1) Any Tennessee resident born after January 1, 1989, who is operating a boat of more than 8.5 horsepower, must have onboard the TWRA-issued Boating Safety Education Certificate card.

(2) To receive the Boating Safety Education Certificate card a person must:

(a) Pass a National Association of State Boating Law Administrators (NASBLA) approved boating safety examination that is approved by the TWRA; and (b) Purchase the Boating Safety Exam Permit for $10.00 from any licensing agent that sells hunting and fishing licenses, which includes TWRA Regional Offices and the TWRA online licensing portal.

(3) To receive a replacement card, a person must purchase a Replacement Boating Certification card for $5.00 from any licensing agent that sells hunting and fishing licenses, which includes TWRA Regional Offices and the TWRA online licensing portal.

(4) Falsification of a document with intent that it will be taken as a genuine government record may be prosecuted pursuant to T.C.A. § 39-16-504.

History

• Authority: T.C.A. §§ 69-9-209, 69-9-226, and 70-1-206.
• Administrative History: Original rule filed May 15, 2007; effective July 29, 2007. Amendments filed March 16, 2017; effective June 14, 2017. Emergency rules filed April 30, 2025; effective through October 27, 2025. Amendments filed July 24, 2025; effective October 22, 2025.

Tenn. Comp. R. & Regs. 1660-02-12-.02 REPEALED

History

• Authority: T.C.A. §§ 69-9-209, 69-9-226, and 70-1-206.
• Administrative History: Original rule filed May 15, 2007; effective July 29, 2007. Emergency rules filed April 30, 2025; effective through October 27, 2025. Repeal filed July 24, 2025; effective October 22, 2025.

Tenn. Comp. R. & Regs. 1660-02-12-.03 BOATING EDUCATION COURSE PROVIDERS

(1) Any National Association of State Boating Law Administrators (NASBLA) approved course provider requesting that the Tennessee Wildlife Resources Agency accept their boating safety course as an avenue to prepare anyone born after January 1, 1989 to pass the monitored TWRA boating safety examination must be able to comply with the following:

(a) The course provider must accompany the request with a letter confirming:

1. That the course provider will not issue a Boating Safety Certificate to any Tennessean born after January 1, 1989.

2. That by January 31 of each year, the course provider will provide the TWRA with the number of Tennesseans certified in the previous year and their ages so that the TWRA can provide accurate data to the United States Coast Guard in the annual Recreational Boating Safety Performance Report.

3. That the course provider will provide a valid contact number and/or email address to the TWRA and keep this information updated if any changes occur.

(2) It is acceptable for course providers to issue a Boating Safety Education Certificate to anyone born before January 1, 1989, for insurance purposes or for a non-Tennessee resident.

(3) Falsification of a document with the intent that it will be taken as a genuine government record may be prosecuted pursuant to T.C.A. § 39-16-504.

History

• Authority: T.C.A. §§ 69-9-209, 69-9-226, and 70-1-206.
• Administrative History: Original rule filed May 15, 2007; effective July 29, 2007. Emergency rules filed April 30, 2025; effective through October 27, 2025. Amendments filed July 24, 2025; effective October 22, 2025.

Chapter 1660-02-13 Rules and Regulations Governing Abandoned Vessels

Tenn. Comp. R. & Regs. 1660-02-13-.01 DEFINITIONS

(1) “Abandoned vessel” is a vessel intended as a means of transportation upon or under the water, whether or not it is still capable as a means of transportation including watercraft in an ‘obvious state of disrepair’ such as being burned throughout and/or inoperable under its own power which:

(a) has remained unattended on public water(s) of the State of Tennessee, or land adjacent to these public water(s) for more than thirty (30) days without the expressed consent of the owner(s) or person(s) in control of the property; or (b) is adrift or submerged for more than thirty (30) days in or upon the public waters of the State of Tennessee; or (c) a vessel deemed, through due process, to have no ownership;

(d) is left unattended on any public property without notice to the managing entity of such public property for more than thirty (30) days;

(e) has remained on private property without the consent of the owner or person in control of the property or, parked or left in a garage, trailer park, or any type of storage or parking lot without consent of the managing entity for more than thirty (30) days.

(2) A “dry dock storage facility” is an entity, not on the public waters of Tennessee, where vessels, parts and pieces of vessels and components are available for sale or trade and stored either inside a building or outside for more than thirty (30) days.

(3) A “wet slip,” “boat dock” or “storage facility” is a commercial business located on the public waters of Tennessee, where vessels, parts, and pieces of vessels and components are stored either on a dock or within a boat slip.

(4) “Agency” means the Tennessee Wildlife Resources Agency.

History

• Authority: T.C.A. §§66-29-132, 69-9-207, 69-9-209 and 70-1-206.
• Administrative History: Original rule filed September 20, 2010; effective December 19, 2010.

Tenn. Comp. R. & Regs. 1660-02-13-.02 NOTIFICATION TO AGENCY

(1) A person or governmental entity wishing to possess an abandoned vessel shall follow the procedures and guidelines set forth by the Agency. All records of recovered abandoned vessels shall be held by the Agency.

December, 2010 2 (2) A state, federal or local law enforcement entity may remove an abandoned vessel that constitutes a hazard or obstruction to navigation from the public waters of the State of Tennessee.

(3) A person or governmental entity shall notify the Agency within 48 hours after removing or recovering an abandoned vessel from the public waters of the State of Tennessee. Upon notification, the agency will provide a Notification/Request to Register Abandoned Boat form (WR-0932) which the person or entity will fill out and return. The form shall include: where the vessel was located prior to recovery, condition of vessel, name of person or entity recovering the vessel, date and time vessel was removed/recovered, where vessel is currently stored or located, any identification numbers found, and the name, address, and phone number of the person responsible for the removed/recovered vessel. A photograph of the vessel must also be included with the form.

History

• Authority: T.C.A. §§66-29-132, 69-9-207, 69-9-209 and 70-1-206.
• Administrative History: Original rule filed September 20, 2010; effective December 19, 2010.

Tenn. Comp. R. & Regs. 1660-02-13-.03 NOTICE TO OWNER(S) AND/OR SECURED PARTY(IES)

(1) If the vessel has a registration number assigned by any State, or if there are means of identifying the owner(s) and/or lienholder(s), the Agency will notify the owner(s) and/or lienholder(s) at their last known address by certified mail/return receipt requested.

(2) The United States Coast Guard will be provided with a copy of the notice when commercial vessels are involved.

(3) The Agency will provide a copy of the notice to the Uniform Commercial Code Division of the Office of the Secretary of State if a lienholder is identified.

(4) The notice must contain the following information:

(a) A description of the vessel, including any identifying numbers;

(b) Location of the vessel;

(c) A statement informing the owner(s) and/or the lienholder that the vessel must be claimed within thirty (30) days of receipt of notice, if notice is given by certified mail, and a statement that if notice is given by publication, the owner(s) and/or the lienholder must claim the vessel within 30 days after the last day the notice runs in the newspaper.

(d) A statement informing the owner(s) and/or the lienholder(s) that a failure to claim the vessel within the prescribed time will constitute the vessel being considered abandoned.

(e) A statement informing the owner(s) and/or the lienholder(s) that the vessel will be disposed of if no claim is made and the vessel removed within the prescribed time.

(f) In the event the requesting party is a governmental agency, such agency shall have the discretion of placing the vessel into service in lieu of auction.

(5) Notice by Publication If the Tennessee Wildlife Resources Agency is unable to determine the last registered owner(s) or the identity of any secured party(ies) of the abandoned vessel, or if notice by December, 2010 3 certified mail is unsuccessful following one (1) attempt, the requesting party shall place a notice, to appear for two (2) consecutive publications, in a newspaper of general circulation published in the county or city where the vessel was recovered. The notice by publication shall contain the information required under Rule 1660-02-13-.03(4) and shall be published within 15 days following the failed attempt at certified mail.

If notice is given by publication, the owner(s) and/or the lienholder must claim the vessel within 30 days after the last day the notice runs in the newspaper.

(6) Failure to recover vessel (a) If the owner is properly notified prior to recovery and owner does not remove/recover vessel within 5 days, the owner may be responsible for all charges incurred in removing/recovering the vessel and may be charged with a violation of this rule.

(b) The removal time for the vessel may be immediate if the vessel impedes the use of a public facility, or presents a safety, navigational, or environmental hazard.

History

• Authority: T.C.A. §§66-29-132, 69-9-207, 69-9-209 and 70-1-206.
• Administrative History: Original rule filed September 20, 2010; effective December 19, 2010.

Tenn. Comp. R. & Regs. 1660-02-13-.04 APPLICATION FOR CERTIFICATE OF NUMBER

(1) If the owner(s) or secured party(ies) fails to claim the vessel within 30 days after the certified mail and after the notice by publication is given, the requesting party may apply to the Tennessee Wildlife Resources Agency for certificate of number.

(a) The requesting party must provide the following:

1. A completed affidavit for Request to Register Abandoned Boat (WR-0932); and 2. Original copies of the notice of publication as required in Rule 1660-02-13-.03(5); and 3. A photograph of the vessel.

2. A Certificate of Deletion issued by the U.S. Coast Guard if the vessel bears an official number issued by the Coast Guard or there is other evidence that the vessel was documented by the Coast Guard. Applicant must contact the National Vessel Documentation Center.

(2) Issuance of Registration:

(a) Upon receipt of the documents noted above, the Tennessee Wildlife Resources Agency shall issue a Letter of Authorization form (WR-# 0939) to the applicant that allows the county clerk to validate the claimant’s State of Tennessee Application for Boat Certificate of Number.

(b) Applicant must submit validated State of Tennessee Application for Boat Certificate of Number along with the proper fees to Tennessee Wildlife Resources Agency’s Registration Division.

(c) All costs incurred in obtaining a certificate of number shall be borne by the applicant.

December, 2010 4

History

• Authority: T.C.A. §§66-29-132, 69-9-207, 69-9-209 and 70-1-206.
• Administrative History: Original rule filed September 20, 2010; effective December 19, 2010.

Tenn. Comp. R. & Regs. 1660-02-13-.05 VESSELS ABANDONED AT STORAGE FACILITIES

(1) Any vessel(s) subject to this rule shall be available for inspection by a commissioned officer of the TWRA during normal business hours. This vessel inspection shall include but not be limited to:

(a) Documentation records;

(b) All identification numbers;

(c) All records, receipts, or transfers of ownership;

(d) Any other paper work which may show vessel origination; and (e) Physical inspection of vessels, or parts thereof, located at these facilities.

History

• Authority: T.C.A. §§66-29-132, 69-9-207, 69-9-209 and 70-1-206.
• Administrative History: Original rule filed September 20, 2010; effective December 19, 2010.

Chapter 1660-03-01 Repealed

Tenn. Comp. R. & Regs. 1660-03-01-.01 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Tenn. Comp. R. & Regs. 1660-03-01-.06 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Tenn. Comp. R. & Regs. 1660-03-01-.02 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Tenn. Comp. R. & Regs. 1660-03-01-.03 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Tenn. Comp. R. & Regs. 1660-03-01-.04 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Tenn. Comp. R. & Regs. 1660-03-01-.05 REPEALED

History

• Authority: T.C.A. §§ 69-9-209; 70-1-206; 10-7-501, et seq.; and 2008 Public Chapter 1179.
• Administrative History: Original rule filed February 22, 2010; effective May 23, 2010. Repeal filed July 17, 2017; effective October 15, 2017.

Chapter 1660-03-02 Rules and Regulations Governing Public Records Requests

Tenn. Comp. R. & Regs. 1660-03-02-.01 POLICY

(1) The Tennessee Public Records Act (“TPRA”) provides that all state, county and municipal records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. Accordingly, the public records of the Agency are presumed to be open for inspection unless an exemption is otherwise provided by law. Personnel of the Agency shall provide access and assistance in a timely and efficient manner to persons requesting access to public records. None of the provisions of this rule shall be used to hinder access to open public records; however, the integrity and organization of public records, as well as the efficient and safe operation of the Agency shall be protected as provided by current law. Concerns about the provisions or enforcement of this rule should be addressed to the Agency’s Public Records Request Coordinator.

(2) Definitions:

(a) “Records custodian” means the office, official or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(b) “Public records” mean all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

(c) “Public records request coordinator” means the individual, or individuals, responsible for ensuring public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The public records request coordinator may also be a records custodian.

(d) “Redacted record” means a public record otherwise open for public inspection from which protected or confidential information is removed or obscured prior to release or inspection.

(e) “Requestor” means the person requesting access to a public record, whether inspection or duplication.

History

• Authority: T.C.A. §§ 10-7-503, 69-9-209, and 70-1-206.
• Administrative History: Original rules filed March 8, 2019; effective June 6, 2019. June, 2019 2

Tenn. Comp. R. & Regs. 1660-03-02-.02 PUBLIC RECORD REQUESTS

(1) All public record requests shall be made to the Public Records Request Coordinator (“PRRC”) or his/her designee in order to ensure public record requests made pursuant to the TPRA are routed to the appropriate records custodian and fulfilled in a timely manner.

(2) Requests for inspection may be made at the Agency’s administrative offices located at 5107 Edmondson Pike, Nashville, Tennessee 37211 between the hours of 8:00 am and 4:30 pm.

C.S.T., Monday through Friday excepting holidays. Requests may also be made via phone, fax, email or web submissions.

(3) Requests for copies and/or inspection and copies may be made via phone, fax, email, or web submissions in addition to being mailed or hand delivered to the Agency’s administrative offices. If mailed, those should be addressed to the Public Records Request Coordinator c/o Legal Division, Tennessee Wildlife Resources Agency, 5107 Edmondson Pike, Nashville, Tennessee 37211.

History

• Authority: T.C.A. §§ 10-7-503, 69-9-209, and 70-1-206.
• Administrative History: Original rules filed March 8, 2019; effective June 6, 2019.

Tenn. Comp. R. & Regs. 1660-03-02-.03 RESPONDING TO REQUESTS

(1) Public Record Request Coordinator (a) The PRRC shall review public record requests and make an initial determination of the following:

1. If the records requested are described with sufficient specificity to identify them; and 2. If the governmental entity is the custodian of the records requested.

(b) The PRRC shall acknowledge receipt of the request and take the following appropriate action(s):

1. Advise the requestor of the following:

(i) Provision of proof of state citizenship;

(ii) Fees for reproduction and labor, if applicable;

(iii) Waivers of fees, if applicable; and (iv) Aggregation of multiple requestors.

2. The Agency may deny the request in writing if the following applies:

(i) The requestor is not a Tennessee citizen;

(ii) The request lacks specificity;

(iii) An exemption exists that makes the record not subject to disclosure under the TPRA; or (iv) The Agency is not the custodian of the requested records. If the records relate to another governmental entity and the PRRC is aware of the correct June, 2019 3 governmental entity, the PRRC will advise the requestor of the correct governmental entity and PRRC for that entity, if known.

3. If appropriate, the PRRC may contact the requestor to see if request can be narrowed.

4. The PRRC shall forward the records request to the appropriate records custodian and help facilitate the production of the records.

(2) The designated PRRC for the Tennessee Wildlife Resources Agency will be the attorney(s) in the Legal Division for the Agency.

(3) Contact information for questions about the TPRA process:

Public Records Request Coordinator Attention: Legal Division 5107 Edmondson Pike Nashville, TN 37211 Telephone: 615-781-6606 Fax: 615-781-5264 E-mail: TWRA.RecordReq@tn.gov (4) Records Custodian (a) Upon receiving a public records request, the request shall be forwarded to the PRRC for review.

(b) If it is not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, or for other similar reasons, then the PRRC shall, within seven (7) business days from the date of receipt of the request, inform the requestor if the records can be released, and if so, provide a reasonable time for production of such records.

(c) The Agency will provide existing records made in the normal course of business that are subject to disclosure pursuant to the Open Records Act; however the Agency is not required to create records in response to any request, including but not limited to summaries, spreadsheets, lists, etc.

(d) If it is determined that production of records should be segmented because the records request is for a large volume of records or additional time is necessary to prepare the records for access, the PRRC shall notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the PRRC should contact the requestor to see if request can be narrowed.

(e) If additional pertinent records are discovered that were inadvertently omitted from the original records production, the records custodian will inform the PRRC, who will contact the requestor concerning the omission and produce the records as quickly as practicable.

(5) Redaction (a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing June, 2019 4 access. The records custodian shall coordinate with the Agency’s Legal Division/PRRC for review and redaction of records.

(6) Confidential Records (a) Records that are created on the Agency’s REAL system and that are populated and updated using information from the state’s drivers’ license database are considered confidential pursuant to § 18 USC 2721 and Tenn. Code Ann. §§ 55-25-101 et seq.

Such records are not subject to the Open Records Act, and shall only be disclosed in accordance with exemptions provided for in federal and state law.

(7) Inspection of Records (a) There is no charge for inspection of open public records.

(b) The location for inspection of records within the offices of the Agency shall be specified by the records custodian.

(c) The PRRC may require an appointment for inspection or may require inspection of records at an alternate location under reasonable circumstances.

(8) Reproduction of Records (a) Copies will be available for pickup at the location specified by the records custodian.

(b) Upon payment for costs of postage, copies will be delivered to the requestor’s home address by US Postal Service.

(c) A requestor may be allowed to make copies of records with personal equipment including but not limited to a cellphone equipped with a camera but only after such records have been inspected and properly redacted, if necessary.

(d) In order to alleviate costs, copies of records may be provided via electronic transmission via email.

(9) Fees and Charges (a) Prior to producing copies of records, requestors will be provided with an estimate of the charges, itemized by per page costs, labor, as well as other media that has been reproduced, to be assessed.

(b) When fees for copies and labor do not exceed $10.00 the fees will be waived.

(c) The Agency shall assess charges for the copying and labor based on the most current version of the Schedule of Reasonable Charges, issued by the Office of Open Records Counsel, which can be found on the Comptroller’s website at: https://comptroller.tn.gov/office-functions/open-records-counsel/office-of-open-recordscounsel/policies---guidelines.html.

(d) Payment is to be made by cash, cashier’s check, money order, or credit card. The cashier’s check or money order shall be made payable to the Tennessee Wildlife Resources Agency and must be delivered to the agency sales office at TWRA Agency Sales Division, Ray Bell Region II Office Building 5105 Edmondson Pike PO Box 41489 Nashville, TN 37204.

June, 2019 5 (e) Payment in advance will be required whenever reproduction costs are estimated to exceed $10.00.

History

• Authority: T.C.A. §§ 10-7-503, 69-9-209, and 70-1-206.
• Administrative History: Original rules filed March 8, 2019; effective June 6, 2019.

Chapter 1660-04-01 Rules and Regulations Governing Commercial Non-Motorized Vessel Outfitters

Tenn. Comp. R. & Regs. 1660-04-01-.01 PURPOSE

(1) To provide the Tennessee Wildlife Resources Agency an effective system of regulation for commercial outfitters that lease or rent non-motorized vessels to individuals for recreational use on the waters of Tennessee (2) To preserve the recreational value of Tennessee rivers and lakes by promoting the protection of these natural resources.

(3) To preserve the integrity of public access to Tennessee rivers and lakes for the benefit of recreational boaters and anglers.

(4) To promote the safety of the public.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.02 DEFINITIONS

(1) “Agency” and “TWRA” mean the Tennessee Wildlife Resources Agency.

(2) “Non-motorized vessel” (hereinafter referred to as “NMV”) means canoes, kayaks, stand up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars.

(3) “Waters of Tennessee” means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes.

(4) “Commercial NMV outfitter” means any entity (e.g., business, joint venture, individual, etc.) that leases or rents NMV for non-commercial use by the public on the waters of Tennessee, except it does not mean:

(a) A commercial outfitter operating pursuant to and in possession of a permit issued by the United States Forest Service on waters in and adjacent to the Cherokee National Forest;

(b) A commercial outfitter operating at a lake or pond wholly contained within the boundaries of any property owned or operated by the Tennessee Department of Environment and Conservation or the Agency; or November, 2019 2 (c) Any state governmental entity.

(5) “Life jacket” means a personal flotation device approved by the Commandant of the Coast Guard under 46 CFR part 160.

(6) “Public access area” means a government-owned area open to the public that grants the public access to the waters of Tennessee such as a boat ramp or canoe/kayak steps.

(7) “Accident” means any occurrence in which the operator of a commercial NMV requires medical attention beyond basic first aid.

(8) “Water rescue” means any occurrence in which, absent intervention, an occupant or operator of a commercial NMV could suffer serious bodily injury or death.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.03 OPERATING REQUIREMENTS

(1) A commercial NMV outfitter must possess a valid operating permit issued by the TWRA.

(2) A commercial NMV outfitter must maintain the following records:

(a) Number and type of NMV leased or rented each day;

(b) The public access and body of water utilized by an NMV each day, if known;

(c) Number of accidents and/or casualties involving the use of a commercial outfitter’s NMV; and (d) Number of water rescues each day involving a commercial NMV outfitter’s vessel.

(3) Records maintained by commercial NMV outfitters required by these rules are subject to inspection by TWRA personnel. Commercial NMV outfitters shall provide the TWRA with any such requested information.

(4) A commercial NMV outfitter shall not lease or rent to an individual less than 16 years of age unless the individual is accompanied by someone at least 18 years of age.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.04 APPLICATION TO THE TENNESSEE WILDLIFE RESOURCES AGENCY

(1) Beginning October 1, 2019, a commercial NMV outfitter shall apply to the TWRA for an operating permit through the appropriate application form provided by the TWRA.

(2) An operating permit is effective from January 1 through December 31 of each year.

(3) All operating permit renewals shall be filed with the TWRA between October 1 and December 15.

(4) Each application shall include, among other information, the following information for each applicant:

November, 2019 3 (a) The number of vessels owned by the commercial NMV outfitter that are available for lease or rent;

(b) The waterways of the state on which the applicant intends to operate, if known;

(c) Any public access areas the applicant intends to utilize;

(d) Estimated months of operation;

(e) Tennessee Secretary of State control number, if applicable;

(f) A copy of the applicant’s business license;

(g) A copy of the applicant’s Department of Revenue Certificate of Registration;

(h) Proof of liability insurance; and (i) Designated representative for the applicant.

(5) Operating permits may be transferred upon written notification to the TWRA of the date of transfer, the name of the new business owner, and the new designated representative.

Transfer notifications must be submitted before the date of transfer.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.05 VESSEL REQUIREMENTS FOR COMMERCIAL OUTFITTERS

(1) Each NMV, except a stand up paddle board, operated by a commercial outfitter must clearly and conspicuously display the outfitter’s name on both exterior sides of the NMV. If the outfitter has a uniquely identifying logo, then the outfitter’s logo may be displayed instead of the outfitter’s name. The name and/or logo must be visible above the water line when the NMV is in the water.

(2) Each stand up paddle board operated by a commercial outfitter must display the outfitter’s name and/or uniquely identifying logo on the top or side of the paddle board, but the name and/or logo is not required to be visible above the water line when the paddle board is in the water.

(3) Each craft must be maintained in a reasonable operating condition for its intended use. Each outfitter shall inspect its craft after each trip for damage or wear which materially affect the structural integrity of the craft. If such damage is found, repairs must be made to the craft before it can be used for commercial NMV purposes.

(4) All NMV used in commercial NMV operations shall be subject to inspection by TWRA personnel.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.06 SAFETY REQUIREMENTS AND PROCEDURES

(1) Commercial NMV outfitters must provide life jackets to occupants of NMVs in accordance with United States Coast Guard regulations.

November, 2019 4 (2) If a canoe, kayak, or stand up paddle board is leased or rented, then the NMV must be equipped with the appropriate paddles and/or oars for the particular NMV and its occupants.

(3) If a paddle board is leased or rented for use on open water (e.g., lakes, reservoirs, ponds, etc.), then the NMV must be equipped with an appropriate paddle board leash.

(4) If a canoe, kayak or stand up paddle board is leased or rented, then the NMV must be equipped with a life jacket of the appropriate size for the person on the NMV.

(5) If a person on board the NMV is 12 years old or younger, then that person must wear a life jacket at all times while on the NMV.

(6) Commercial NMV outfitters must maintain life jackets, paddles/oars, and leashes in a good and serviceable condition for their intended use. Each commercial NMV outfitter shall inspect this equipment after each trip for damage which materially affects the structural integrity of the equipment. If such damage is found, repairs must be made before it can be used for commercial NMV purposes. If damage is found on a life jacket, the life jacket must be serviced or disposed of in accordance with Tenn. Comp. R. & Regs. 1660-02-03-.03.

(7) All life jackets, paddles, oars, and leashes used in commercial NMV operations shall be subject to inspection by TWRA personnel.

(8) Each commercial NMV outfitter is encouraged to equip each NMV leased or rented with a litter bag. Litter bags will be provided to commercial NMV outfitters by the TWRA upon request.

(9) Commercial NMV outfitters shall conduct a safety briefing for all passengers and strive to include at least the following topics as appropriate to the body of water in question and the conditions of the day:

(a) Description of the waterway and water features including, but not limited to, and any dam generation issues, shoals, shallows, riffles, or known obstructions;

(b) How to identify and manage hazards like deadfall/strainers and low head dams;

(c) How to manage wind and weather conditions of the day;

(d) How to navigate among motorized watercraft;

(e) Equipment;

(f) Paddling techniques to maintain a proper distance from the other NMVs, swimmers, fishermen, and other users on the water;

(g) Swimming in moving water;

(h) Relevant safe boating laws;

(i) River and lake etiquette; and (j) Trespass concerns; and (k) Contingency plans and phone numbers to use if someone in the group gets into trouble.

November, 2019 5 (10) All safety instruction must be conducted with materials or methods approved by the TWRA.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.07 TRANSPORTATION

(1) All parking by commercial NMV outfitters and their customers at public access areas controlled by the TWRA shall be restricted to areas approved by the TWRA. This provision shall not apply to customers of commercial NMV outfitters utilizing private NMVs.

(2) Commercial NMV outfitters shall comply with the Department of Safety Rules and Regulations regarding the transportation of passengers.

(3) Commercial NMV outfitters shall comply with the Department of Safety Rules and Regulations regarding commercial vehicles.

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.

Tenn. Comp. R. & Regs. 1660-04-01-.08 NONRENEWAL OF PERMIT

(1) A commercial NMV outfitter’s operating permit may not be renewed for failure to:

(a) Pay the requisite fees;

(b) Provide the necessary application information;

(c) Maintain the information and documentation required by Rule 1660-04-01-.03(2); or (d) Produce and/or allow for the inspection of any information requested by the TWRA pursuant to Rule 1660-04-01-.03(3).

History

• Authority: T.C.A. §§ 69-9-227 and 70-1-206.
• Administrative History: Original rules filed August 13, 2019; effective November 11, 2019.