Section 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.Tenn. Comp. R. & Regs. 1660-01-21-.01
Original rule filed September 20, 1988; effective November 4, 1988. Amendment filed August 26, 1993; effective November 9, 1993.Authority: T.C.A. §§ 70-1-206 and 70-4-113(b).