Section 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.Tenn. Comp. R. & Regs. 1660-01-18-.04
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 1/30/2022.Authority: T.C.A. §§ 70-1-206, 70-4-401(a), 70-4-403, 70-4-404, and 70-4-405.