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 RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 (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. RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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 twenty- five (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. RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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 RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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: RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 (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 RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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 year- round 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. RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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. RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 (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. Co- registrants 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 signs- RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 ons 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 year- round 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 RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 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; RULES AND REGULATIONS GOVERNING MIGRATORY BIRD HUNTING CHAPTER 1660-01-02 3. Rushing Bay; and 4. Campgrounds, lake access, and other public use areas and safety zones as posted.