1501:31-19-03 [Effective until 7/1/2017] Disease surveillance area regulations.

(A) The chief of the division of wildlife or the chief's designee may establish disease surveillance areas within the state if chronic wasting disease is detected in a member of the cervidae family.

(1) The disease surveillance area shall include all areas within a minimum of six miles centering on the location of the detection of chronic wasting disease.

(2) The boundaries of the disease surveillance area will be established by utilizing existing boundaries of political subdivisions of the state, roadways or rivers.

(3) The list of areas established as a disease surveillance area will be published by the division of wildlife and posted on the Ohio division of wildlife website at http://www.wildohio.gov.

(4) A disease surveillance area will be established for a minimum of three years.

(B) Deer taken from within a disease surveillance area during the deer gun season and the deer muzzleloading season shall be delivered for inspection and sampling to an official division of wildlife carcass inspection station within the disease surveillance area where killed no later than noon the following day after harvest or by eight p.m. if harvested on the last day of that season. The head shall not be detached from the carcass prior to presentation for inspection and sampling at an official carcass inspection station.

It shall be unlawful to fail to comply with paragraph (B) of this rule.

(C) It shall be unlawful within a disease surveillance area to place, expose, deposit, distribute, or scatter salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever capable of luring, enticing, or attracting deer, except salt, mineral supplement, grain, fruit, vegetables or feed placed, exposed, deposited, distributed, or scattered as a result of normal agricultural practices.

(D) It shall be unlawful within a disease surveillance area to hunt or take deer by the aid of or on or over any area where salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever capable of luring, enticing, or attracting deer has been placed, exposed, deposited, distributed, or scattered.

Hunting over naturally occurring or cultivated plants and standing or harvested agricultural crops is not prohibited.

(E) It shall be unlawful within a disease surveillance area to hunt or take deer on or over any area where salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever has been placed, exposed, deposited, distributed, or scattered for ten days following the complete removal of any salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever.

Hunting over naturally occurring or cultivated plants and standing or harvested agricultural crops is not prohibited.

(F) It shall be unlawful to possess a deer carcass under section 1533.121 of the Revised Code that has been removed from a disease surveillance area except when in compliance with rule 1501:31-19-02 of the Administrative Code.

(G) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Cite as Ohio Admin. Code 1501:31-19-03

Effective: 11/9/2015
Five Year Review (FYR) Dates: 11/09/2020
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10
Rule Amplifies: 1531.06, 1531.08, 1531.10