ALERT: Tennessee Regulation Changes

The Tennessee Wildlife Resources Agency (TWRA) is amending Rule 1660-01-18 which covers animals kept under human care. The biggest concern is the requirement to tattoo or microchip any Class II animal (Tennessee native species) that is being propagated/bred. This poses health and animal cruelty risks for some species.

Please note that much of this text (link below) is already current law and most of the text in the proposal is identical to the current regulation. The only way to see what has changed is to compare the two texts side-by-side.

Comment deadline and email: June 22 at 4:30 CST to twra.rulescomments@tn.gov

Public hearing: 9:00 AM CST on June 23 at TWRA Region II Office, 5105 Edmondson Pike, Nashville, Tennessee 37211

Read the full text at https://usark.org/wp-content/uploads/2023/05/23-TN-regs.pdf.

Changes being proposed:

1. A propagation permit is required for all Class II animals, unless otherwise stated. (Class II wildlife means all native species, including reptiles, except those listed in other classes.)
2. An exhibitor’s permit is required when exhibiting Class II captive bred native wildlife when charging a fee.
3. No fee may be charged when exhibiting wild-caught Class II native wildlife. Temporary exhibitors may receive a free of charge exhibitor permit.
4. Class II Wildlife legally propagated requiring a Wildlife Possession – Class II Permit shall be micro-chipped or tattooed within 30 days of taking possession. The micro-chip registration number or tattoo identification shall be reported to the TWRA Captive Wildlife Coordinator.
5. Adds Komodo dragons to Class I Wildlife (note: listed as amphibians).
6. Adds macaques to Class I Wildlife.
7. Hybrids resulting from the cross of two Class I species are added to the list of Class I wildlife.
8. Class II still includes native species, except those listed in other classes but the text adds: (a) Rear-fanged native poisonous snake species; and (b) Native and passage raptors.
9. For Class III: changes “Nonpoisonous reptiles and amphibians except caimans and gavials” to “Non native, nonpoisonous reptiles and amphibians except North American native rear-fanged poisonous species.”
10. For Class III: changes “Avian species not otherwise listed, excluding North American game birds, ostriches and cassowary” to “All waterfowl species except those defined in Chapter I, Title 50, of the U.S. Code of Federal regulations as North American migratory game birds; ostriches, cassowaries.”
11. Adds Nine-banded armadillo (Dasypus novemcinctus) to Class V.
12. Removes all of these aquatic species from Class V (which means they should be legal to keep responsibly in aquaria): Snakeheads (all members of the Family Channidae), New Zealand mud snail (Potamopyrgus antipodarum), Round goby (Neogobius melanostomus), Rudd (Scardinius erythrophthalmus), Swamp eels (all members of the Family Synbranchidae), Marbled crayfish (Marmorkreb) (Procambarus fallax f. virginalis),  and Gold Asian clam (Corbicula fluminalis).
13. Adds this text to Rule 1660-01-18-.04(4): Exhibitor (temporary or mobile) permits shall not be valid until inspected and approved. Th[e] exhibitor must have a copy of the permit and approved inspection on hand while inside the boundaries of the state.
14. Adds this text to Rule 1660-01-18-.04(6): Elephants are exempt from the requirement of this paragraph as long as they are maintained in accordance with this law. Persons exhibiting in a mobile or temporary facility poisonous animals shall have in their possession antivenin for each species possessed.
15. Deletes this text from Rule 1660-01-18-.05: 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.
16. Rehabilitation centers now: Must complete the Basic Skills in Wildlife Rehabilitation Course from NWRA or IWRC.
17. Add this text to Rule 1660-01-18-.05: Rehabilitation facilities where Class III animals (other than dogs and cats) are present, shall abide by the following: (1) Outdoor facilities (any cage, enclosure, corral, pen or the like) shall be no less than one-hundred (100) feet from any Class III animal; (2) Indoor facilities shall be separate from the living area by a locking door; (3) TWRA approved bio-safety and bio-security protocols shall be followed at all times.
18. Changes to the rehabilitation periods: Rehabilitation periods are as follows: (1)  Eastern Gray Squirrel, Skunk, Opossum, Groundhog: 120 days; Raccoon, Fox, Coyote, Box Turtle: 210 days; All other species: 90 days; (2) After the rehabilitation periods, all Class II wildlife must be released, except: (3) 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. (4) 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.
19. White-tailed deer rehabilitation rules seem to be removed and new rules for black bear rehabilitation added (see Rule 1660-01-18-.05 (4)(t).
20. Adds this rule for educational centers: All permitted educators shall conduct a minimum of twelve (12) events each calendar year and report the dates and locations to the Captive Wildlife Coordinator, TWRA by January 31st of each year for the preceding year.