LAW
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Ohio Laws and Rules
(A) It shall be unlawful for holders of commercial or noncommercial propagation license in possession of white-tailed deer (Odocoileus virginianus) or their hybrids to:
(1) Maintain or keep white-tailed deer or their hybrids in an enclosure that does not meet the following standards:
(a) Of a sufficient height and strength to prevent ingress or egress of any captive or wild white-tailed deer or their hybrids.
(b) Fencing must be a minimum of ninety-two inches in height.
(c) Fencing must be constructed of materials approved by the division of wildlife in consultation with the U.S. department of agriculture animal and plant health inspection service, the Ohio department of agriculture and representatives of the Ohio cervid industry.
(d) Fail to upgrade fencing or enclosures to comply with the standards set forth in this rule January 1, 2010.
(2) Take white-tailed deer from the wild in to captivity.
(3) Fail to maintain laboratory result records for chronic wasting disease testing. These records shall be kept permanently on the premises stated on the license, and shall be open for inspection by any authorized representative of the division of wildlife at all reasonable times.
(B) It shall be unlawful to release or fail to prevent escape of any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.
(C) It shall be unlawful to dispose of, in a manner not approved by the Ohio department of agriculture or at an Ohio environmental protection agency approved facility, any carcasses or parts of captive cervidae which are killed or die.
(D) It shall be unlawful to fail to notify by telephone the chief of the division of wildlife or their agent of any escaped or missing cervidae within twenty-four hours of knowledge of their absence.
(E) It shall be unlawful to obtain a live, captive white-tailed deer, or apply for a permit for commercial or noncommercial propagation of white-tailed deer or their hybrids without first having the holding facility, fence or enclosure inspected by the chief of the division of wildlife or their designee.
(F) Permanent establishments accredited by the American zoo and aquarium association, or scientific or research institutions with approval from the chief of the division of wildlife are exempt from this rule, however it shall be unlawful for such establishments or institutions to:
(1) Fail to report by March fifteenth of each year the sex, quantity and disposition of all white-tailed deer or their hybrids in possession during the previous twelve months. Such report shall be on a division of wildlife approved form.
(2) To release any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.
(3) Fail to notify by telephone the chief of the division of wildlife or his agent of any escaped or missing white-tailed deer or their hybrids within twenty-four hours of knowledge of their absence.
(G) In accordance with Chapter 119. of the Revised Code, the chief may suspend or revoke a wild animal propagating license if he finds the license holder has violated or is violating Chapter 1531. or Chapter 1533. of the Revised Code or any division rule.
Effective: 11/24/2008
R.C. 119.032 review dates: 11/01/2013
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10, 1533.79
Rule Amplifies: 1531.06, 1531.08, 1531.10, 1533.79