Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Ave ., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

Sequence Number: 00,, -j-O-\ v\ Phone: 615-741-2650 Rule ID(s): ci,,q-i,4 Email: publications.informalion@tn.gov File Date: '7/1'7/ltll

Effective Date: - """"0 ..... /......,1 ?'--'/ ..... lt-t---'---

Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann. § 4-5-205).

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b) .

Agency/Board/Commission: Tennessee Wildlife Resources Ag_ency Division: Boating_ and Law Enforcement

Contact Person: Chris Richardson Addre~s: _§107 _Edl!londson Pike ,_Nashville, TN

Zip: 37211 Phone: ' 615-308-0477 Email: chris.richardson@tn.gov

Revision Type (check all that apply): Amendment

X New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

~ ter Number Ch 16 Ru 16 16 16 16

60-01-34 le Number

60-01-34-.01 60-01-34-. 02 60-01-34-.03 60-01-34-. 04

Chaoter Title Rules and Regulations for Chronic Wasting Disease Counties Rule Title Establishment of Positive CWD Counties and High Risk CWD Counties Exportation of Wildlife Carcasses, Parts, and Products from an Positive CWD C aunty

aunty Exoortation of Wildlife Carcasses, Part~ and Products from a Hlg_h Risk CWD C Feeding of Wildlife Within a Positive CWD County or a High Risk CWD County

SS-7039 (October 2018) RDA 1693

Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s) . Statutory authority must be given for each rule change. For information on formatting rules go to https://sos.tn .gov/products/division-publications/rulemaking-guidelines.

RULES OF

TENNESSEE WILDLIFE RESOURCES AGENCY WILDLIFE RESOURCES

CHAPTER 1660-01-34

RULES AND REGULATIONS FOR CHRONIC WASTING DISEASE COUNTIES

TABLE OF CONTENTS

1660-01-34-.01 Establishment of Positive CWD Counties and High Risk CWD Counties

1660-01-34-.02 Exportation of Wildlife Carcasses, Parts, and Products from an Positive CWD County

1660-01-34-.03 Exportation of Wildlife Carcasses, Parts , and Products from a High Risk CWD County

1660-01-34-.04 Feeding of Wildlife Within an Positive CWD County or High Risk CWD County

1660-01-34-.01 ESTABLISHMENT OF POSITIVE CWD COUNTIES AND HIGH RISK CWD COUNTIES

(1) A Tennessee county shall be deemed a positive CWD (Chronic Wasting Disease) county upon confirmation that a cervid has tested positive for CWD within the territorial boundaries of said county.

(2) A Tennessee county shall be deemed a high risk CWD county when there is a confirmed case of CWD within 1 O miles of the territorial boundaries of said county.

(3) The Agency shall maintain and publish a map and list of positive CWD counties and high risk CWD counties.

1660-01-34-.02 EXPORTATION OF WILDLIFE CARCASSES, PARTS, AND PRODUCTS FROM AN POSITIVE CWDCOUNTY

(1) No person may export a cervid carcass or carcass part harvested from a positive CWD county .

(2) Notwithstanding paragraph (1 ), cervid carcasses or carcass parts harvested in a positive CWD county may be exported from a positive CWD county if:

(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 ;

(e) The carcass parts are hides and tanned products; or

(f) The carcass or carcass part is exported to another positive CWD county and only transported through other positive CWD counties.

SS-7039 (October 2018) 2 RDA 1693

1660-01-34-.03 EXPORTATION OF WILDLIFE CARCASSES, PARTS, AND PRODUCTS FROM A HIGH RISK CWD COUNTY

( 1) No person may export a cervid carcass or carcass part harvested from a high risk CWD county.

(2) Notwithstanding paragraph (1 ), cervid carcasses or carcass parts harvested in a high risk CWD county may be exported from a high risk CWD county if:

(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;

(e) The carcass parts are hides and tanned products;

(f) The carcass or carcass part is exported to another high risk CWD county and only transported through other high risk CWD counties; or

(g) The carcass or carcass part is exported to a positive CWD county and only transported through high risk CWD counties or positive CWD counties, but in no event may a cervid carcass or carcass part be transported to another high risk CWD county through a positive CWD county.

1660-01-34-.04 FEEDING OF WILDLIFE WITHIN A POSITIVE CWD COUNTY OR HIGH RISK CWD COUNTY

(1) Within positive CWD counties and high risk CWD counties, the placement of 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; or

(b) Feed placed in such a manner to reasonably exclude access by deer; or

(c) Feed placed as part of a wild hog management effort authorized by the agency; or

(d) Feed and minerals present solely as a result of normal agricultural practices, normal forest management practices, or crop and wildlife food production practices.

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* If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Angie Box 1./ Dennis Gardner J/ Jimmy Granbery ,,1 Kurt Holbert t/ Steve Jones ,,I Connie King ,./ Brian Mclerran J Jim Ripley ✓ Tony Sanders ✓ James Stroud ,/ Kent Woods i/ Tommy Woods ✓ Hank Wright J/

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Tennessee Fish and Wildlife Commission (board/commission/ other authority) on 04/26/19 (mm/dd/yyyy), and is in compliance with the provisions of T.C.A. § 4-5-222.

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: 03/04/19

Rulemaking Hearing(s) Conducted on: (add more dates). 04/26119

Agency/Board/Commission:

Rule Chapter Number(s):

Date: April 26, 2019

Signature: 3~ t.,,J4-.­Name of Officer: Bolo blf c~: { !501V

Title of Officer: /lss,5fi,1NT' D1~~&'/s, , TWRJ'/ '

Tennessee Fish and Wildlife Commission

1660-01-34

All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

SS-7039 (October 2018) 4

Herbert H. atery Ill Attorney General and Reporter

sls/ },Oto/ I r Date

RDA 1693

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SS-7039 (October 2018)

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RDA 1693

Public Hearing Comments

One copy of a document that satisfies T.C.A. § 4-5-222 must accompany the filing .

[X] There were no public comments to the above-described rule.

[ ] Attached hereto are the responses to public comments.

SS-7039 (October 2018) 6 RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

There are no businesses, small or otherwise, that would bear the cost of or directly benefit from the proposed rule.

SS-7039 (October 2018) 7 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 ( llttp: //publications. tnsosfiles.comlacts/106/pu b/pc1070. pdf) of the 2010 Session of the General Assembly)

The Agency does not believe that the rule amendment/repeal will have any impact on local governments.

SS-7039 (October 2018) 8 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

This rule establishes positive and high risk Chronic Wasting Disease (CWD) counties, restricts the exportation and importation of wildlife carcasses from said counties, and prohibits the feeding of wildlife within said counties. There are no relevant changes to current or previous regulations though this is similar to and will replace an emergency rule filed on December 21, 2018. The emerQencv rule will cease to be effective on June 19, 2019.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

None

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

I Deer hunters, deer processors, taxidermist, and the Tennessee Department of Agriculture.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

None

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

Unknown

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

[ Chris Richardson , Assistant Director TWRA

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

I Chris Richardson, Assistant Director TWRA

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

I 5107 Edmondson Pike, Nashville, TN 37211; 615-308-0477; chris.richardson@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None

SS-7039 (October 2018) 9 RDA 1693