Senate committee hears opposition to legislation threatening Ohio's deer herd

Outdoor writer and hunter education instructor Larry S. Moore, a long-time volunteer leader for Buckeye Firearms Association and winner of the 2005 USSA Patriot Award and 2007 League of Ohio Sportsmen/Ohio Wildlife Federation Hunter Educator of the Year, offered opponent testimony today expressing his personal opposition to Senate Bill 225, which the U.S. Sportsmen's Alliance (USSA) contends threatens the future of deer hunting in Ohio.

Senate Bill 225, which seeks to move oversight and regulation of captive deer breeders and deer hunting facilities from the Ohio Department of Natural Resources' Division of Wildlife (ODW) and place them under the control of the Ohio Department of Agriculture (ODA), is sponsored by Sens. Bob Gibbs (SD22), and co-sponsored Mark Wagoner (SD2), Bill Seitz (SD8), Tom Patton (SD24), Jimmy Stewart (SD20), and Tim Schaffer (SD31).

The Senate co-sponsors are all Republicans, a fact that did not go unnoticed by Moore, who sits on the Greene County Republican Central Committee, and who has been tapped by Ohio Republican Pary Chair Kevin DeWine to head the party's Ohio Sportsmen Coalition in the run-up to the fall elections.

"Every bill I've testified against in the last five years has been Republican sponsored," Moore observed ruefully.

(A companion bill in the House, HB410, has been introduced by Democrat Rep. Mark D. Okey.)

The bill is being heard by the Senate Agriculture Committee, which is vice-chaired by the bill's sponsor, Senator Gibbs. As such, in today's hearing, Gibbs took the opportunity to provide opening remarks.

Gibbs noted that there is much confusion and misinformation regarding the bill. He noted that participation in the ODA-side of the testing is to be voluntary.

But Moore observed that Page 8 of the bill indicates the license would be mandatory:

Sec. 943.22. (A) Except as otherwise provided by rules, a person desiring to engage in the business of propagating and selling commercial deer in an authorized enclosure that is owned or leased by the person shall apply in writing to the director of agriculture for a license to do so. (emphasis added)

Senator Gibbs explained that something got lost in the drafting process and the wording would be re-visited.

"We were left confused by Senator Gibbs statements," Moore said.

Senator Gibbs further noted that the ODA and ODW are meeting and working on the issue.

"Sources have informed me that the Ohio Division of Natural Resources (ODNR) Director and ODA Director oppose SB225 as written," Moore noted. "Since neither was at the hearings this morning, I was unable to verify that information."

Moore and Larry Mitchell, President League of Ohio Sportsmen, testified as opponents. Evan Heusinkveld, USSA's director of state services, and others from USSA attended today's hearing but chose not to testify at this time.

Several proponents led the testimony, including an Ohio deer farmer and preserve operator, a representative of the North American Deer Farmers Association, and Polly Britton, Ohio Animal Owners Association.

Britton objected to the cost of the program ($300 per year in fees), observing that it is currently only $40 for an ODW permit. Moore said that while no answer was offered by the committee, the real answer to why it will cost so much more is because ODA doesn't have the resource system in place. Also, since ODW is funded by hunting, fishing, and trapping licenses and permits, the commercial/preserve operator is somewhat underwritten by sportsmen.

Moore led the opponent testimony (see below for his complete testimony, including portions delivered verbally and also in writing). Moore told the committee that "after hearing the testimony of the morning, it is clear we all seek the same objective – that of protecting both the wild Ohio white-tailed deer herd and the investment of private individuals in their business.

"Should chronic wasting disease (CWD) be found in Ohio's white-tailed deer herd (and it may only be a matter of time regardless of what approach is taken) both the wild and captive white-tailed deer herds will be at risk," Moore testified.

Moore also noted that the issue is a question of good government, efficient government, and effective government.

"Currently, a commercial operator may be inspected by ODNR and/or ODA; a preserve/non-commercial propagator can be inspected by ODNR; and those operating both commercial and preserve operations may be inspected by both, with varying rules. This is overlapping of agency functions with different rules certainly can't be the most effective way for the State of Ohio to function – especially in these economic times. If I were operating such a business, I'd certainly want to work with one set of rules and one agency as my inspection point."

Moore noted that a non-commercial propagator is someone who has white-tailed deer for their enjoyment, and used as examples Greene County Fish and Game and Troy Fish and Game, both of which have such licenses. Those clubs raise deer for education and the enjoyment of club members, but do not buy and sell.

Another point of the commercial operators that Moore believes needs regulation is the sale of deer urine (doe-in-heat) to various scent makers. Some scents are made in Ohio. Others the urine is shipped in interstate commerce and the end product manufactured and shipped back to Ohio. Since the exact transmission method for CWD is not pin-pointed, Moore observed that this also presents a risk.

"We need to know that Ohio's commercial urine producers have CWD/disease-free deer. But we also need to know that the end product that comes back into Ohio is also tested and disease free. Otherwise the hunter using various scent products has the potential to unknowingly introduce CWD into the Ohio white-tailed deer herd," observed Moore.

Moore told the committee members that he has nothing against the ODA. "I live downstream from several mega-dairy operations. I support them as 'agri-business' – but there is a huge potential risk for massive pollution run-off if not managed. I don't believe the ODA has the inspectors to adequately handle this job.

"Several have noted that ODW doesn't have the resources and/or have delayed in adopting tighter rules. The Division held some open houses in 2008 dealing with this very issue. The protests from the commercial deer farmers/preserve operators (especially in District 5 where I attended hearings) derailed that effort. The Division has been re-evaluating.

"However, I believe the ODA is an even less effective choice. Witness the recent Issue 2 over livestock care standards in Ohio. Currently legislation is working its way through the Ohio General Assembly to implement the Livestock Care Board. It seems that, if the ODA were effective at creating standards for livestock industry, Issue 2 would not have been required. Some information I've received on that legislation indicates the cost has already escalated from the initial $170,000 range to over $500,000. Given government financial projections, I can believe that. ODA will have a full agenda to implement livestock standards and inspections without dealing with commercial white-tailed deer."

Polly Britton, Ohio Animal Owners, noted that she wanted her bottle-fed, pen-raised Fallow deer to be exempt. She also noted that she doesn't want to build a eight-feet tall fence when her Fallow deer have no inclination to escape.

Moore said that "while I know and respect Polly, you just can't have it both ways. Currently non-native species (such as Fallow Deer or Red Stag) are not under the jurisdiction of the ODW or ODA. This needs to be addressed at some point in time; although perhaps outside the discussion of SB225. Fallow deer have escaped. There was a Red Stag taken by an Ohio white-tailed deer hunter this year. Whether these species can transmit CWD is not clear."

"One thing is clear," Moore said. "We need consistent rules and regulations to protect all the white-tailed deer in Ohio. I remain convinced the ODNR Division of Wildlife is the best equipped state agency to develop and enforce such a set of regulation."

"This is truly a piece of legislation that doesn't need to be – should not be. The ODA, ODW, commercial deer operators who are asking for regs and protection, and sportsmen groups should be able to sit down; agree on the problems/issue; and develop some set of logically rules governing an industry that applies to all and protects both the captive and wild Ohio white-tailed deer – in the interest of commerce, sportsmen and all Ohioans."

Following is the testimony and supporting documents offered in the Senate hearing by Moore:

SB225 Position Statement

Larry S. Moore

SB 225 proposes to transfer regulatory authority over white-tailed deer propagation and hunting preserve facilities from the Department of Natural Resources, Division of Wildlife to the Department of Agriculture.

I've examined this issue and can find no logical reasons or benefits resulting from the transfer of captive or commercial white-tailed deer regulation from the Division of Wildlife to the Department of Agriculture. Quite the opposite is the case as I believe such a transfer presents a significant risk to the wild Ohio white-tailed deer herd while offering no benefits.

Currently the Ohio Division of Wildlife has management responsibilities for all white-tailed deer and other wildlife within Ohio. The Division of Wildlife is the state agency charged with these duties on behalf of all the people of Ohio.

The Ohio Division Wildlife and the Department of Agriculture work closely on many issue including the monitoring for Chronic Wasting Disease (CWD) in Ohio. This is effective because the Division of Wildlife has the biological management and enforcement resources in place across the state. The backbone of these resources is the professionally educated and trained force of Wildlife Officers in each county. The Department of Agriculture simply does not have these resources available for the additional workload that SB 225 would impose on the agency. The current cooperation between the Division of Wildlife and the Department of Agriculture is working. SB 225 attempts to fix an area that is, quite frankly, not broken.

SB 225 authorizes many licenses, fees and inspections that duplicate the systems already in place at the Division of Wildlife.

As a sportsman, outdoor writer and deer hunter, I recognize the need for additional rules, regulations and enforcement of commercial deer operations and hunting preserves. The Division of Wildlife has conducted open houses dealing with various proposals. They are in the process of evaluating the existing regulations and strengthening them in order to ensure the protection of Ohio's wild white-tailed deer population. I support strong regulations with tough penalties for violators.

The Ohio Division of Wildlife has actively inspected many commercial facilities. In Highland County, a close neighbor to my home in Greene County and an area where I hunt, Wildlife Officers discovered illegal importation of deer from a CWD infected area resulting in a joint-agency decision to eradicate the herd. Highland County is prime deer hunting area. The latest Ohio record buck, commonly referred to as the Stephens Buck, was killed in Highland County. Greedy commercial operators give all propagators and preserve operators a bad name just as poachers do to hunters. The illegal operations are putting Ohio's nationally recognized white-tailed deer herd at risk. Current laws must be strengthened just as they were when illegal operations by Lake Erie commercial fishing operators threatened the resources there. Transferring authority from the Ohio Division of Wildlife to the Department of Agriculture will weaken Ohio's enforcement activities.

The ODNR Division of Wildlife has served as effective stewards of all wildlife and biodiversity for the benefit of all for many years. They have built a trusted relationship with sportsmen across the state. They have a cooperative network of sportsmen and conservation organizations that support them in their mission. The ODNR Division of Wildlife should remain the focal point for the management of white-tailed deer within Ohio, whether that is wild or captive animals.

The Division of Wildlife operates with a professional team of management, biologists and law enforcement. They should be free from the political influences and meddling that SB 225 represents. I urge the immediate withdrawal or defeat of this misguided legislation.

SB225 Analysis and Key Considerations

Larry S. Moore

• Ohio's deer management program is one of the most envied in the country. The state ranks 8th nationally for the number of resident hunters. It also ranks 8th nationally in annual hunting-related sales and 10th in the number of jobs associated with the hunting-related industry. Members of the Ohio Division of Wildlife have been actively recruited by other states natural resources agencies.
• The Division of Wildlife was honored with the Quality Deer Management Association (QDMA) 2009 Agency of the Year Award. QDMA annually recognizes a state wildlife agency for its dedication to the quality deer management philosophy and the positive results it has yielded.
• Nationally, Ohio has become known as a major deer hunting state with several world record animals having been taken in recent years. Non-resident hunting license sales have increased by 55% over the last five years.
• The Ohio Division of Wildlife is a leader in youth hunting, recruitment and retention. There are special early youth only hunting seasons for a variety of species including white-tailed deer. These seasons provide the opportunity to pass along the great outdoor hunting traditions. A healthy vital wild white-tailed deer herd is critical to the future hunting opportunities for the youth of Ohio.
• When CWD was detected in the state of Wisconsin in 2002 the resident hunter numbers dropped by 10% and non-resident numbers dropped by 19%. Financial loss associated with losing those hunters was estimated at about $20 million per year. In addition, WI spent $12.6 million combating CWD in 2003 and has spent $5 million annually since.
• Disease in Ohio's wild white-tailed deer population would negatively impact participation by the nearly 500,000 deer hunters in Ohio.
• As an outdoor writer, I've interviewed people coming to Ohio from a number of states. These hunters are diverse in their backgrounds. The states range from New Jersey to Florida, Alabama, Georgia and even California. The one thing they have in common is the wish that their home state had the quality deer herd and hunting opportunities that we have in Ohio. These opportunities are thanks to the sound scientific management practices of the Ohio Division of Wildlife.
• Thanks to programs such as Farmers and Hunters Feeding the Hungry (FHFH) there is a growing venison donation program that provided approximately 400,000 meals to needy families throughout the state in 2009.
• Small business is one of the major economic engines that drives Ohio. Many small businesses, especially in southeastern Ohio depend on the income generated during deer season. The list range includes "Mom and Pop" store operators, restaurants, hotels/motels, campgrounds and taxidermists.
• Each year, hunting has an $859 million economic impact in Ohio through the sale of equipment, fuel, food, lodging, etc.