1501:31-19-04. Cervidae regulations

(A) It shall be unlawful for holders of a captive white-tailed deer 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) The enclosure must prevent ingress or egress of any captive white-tailed deer or their hybrids.

(b) Enclosures must be a minimum of eight feet in height with a maximum deviation not to exceed four per cent.

(c) Enclosures 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. The current minimum enclosure standards are:

Woven wire mesh fencing.

(2) Take white-tailed deer from the wild in to captivity.

(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 under section 941.14 of the Revised Code or at an Ohio environmental protection agency approved facility, any carcasses or parts of captive cervidae which are killed or die.

(D) Escaped captive white-tailed deer.

(1) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to notify the chief of the division of wildlife or their agent of any escape of any captive white-tailed deer within twenty-four hours of becoming aware of the escape.

(2) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to immediately upon becoming aware of an escape of any captive white-tailed deer, make repairs to the enclosure to prevent escape of any additional captive white-tailed deer.

(E) 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.

Replaces: 1501:31-19-04

Five Year Review (FYR) Dates: 9/6/2018 and 09/06/2023
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10, 1533.79
Rule Amplifies: 1531.06, 1531.08, 1531.10, 1533.79
Prior Effective Dates: 11/24/2008, 01/01/2013

Prior History: (Effective: 01/01/2013
R.C. 119.032 review dates: 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10, 1533.79
Rule Amplifies: 1531.06, 1531.08, 1531.10, 1533.79
Prior Effective Dates: 11/24/2008 )