Recovery Protocol for Escaped or Released Farmed Deer and Elk

Table of Contents

1. Background
2. Deer and Elk Owner’s Responsibilities and the Fish and Wildlife Conservation Act
3. Recommended Actions and Reporting Responsibilities
4. Deer and Elk Farmer Responsibilities
5. ODEFA Responsibilities
6. OMNR and OMAFRA Responsibilities
7. OMNR Wildlife in Captivity Specialist Responsibilities
8. Appendix 1 - Process for Determining Risk Posed By Escaped or Released Cervids and Appropriate Action
9. Process For Considering Risk Factors
10. Risk Categories and Appropriate Action
11. Appendix 2 - Canadian Food Inspection Agency (formerly Agriculture and Agri-Food Canada)
    District Offices - Ontario Area
12. Related Links
    

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Background

The Canadian Food Inspection Agency (CFIA) estimates there are over 300 operations in Ontario keeping more than 17,000 deer and elk. It should be stressed that not all of these operations are farms. A substantial number of non-farm operations such as zoos, animal exhibits, parks, petting zoos and private animal collectors, also keep deer and elk. This protocol is intended to apply only to farmed deer and elk. Farmed deer and elk are defined as animals which are being kept in captivity in Ontario for the purpose of commercial propagation or the commercial production of meat, hides, pelts, antler products or other products.

Cervids currently farmed in Ontario include elk, red deer, elk-red deer hybrids, white-tailed deer, fallow deer, sika deer and mule deer. It is in the farmer's best interest to ensure the deer and elk, representing his/her investment, remain on the farm premises. In addition, the escaped or released animals may pose risks to public safety, private or public property, other livestock, the animal's well-being and native wildlife. The focus of this protocol is to protect native wildlife. It is recognized that even with the best management, fencing and handling facilities, there is the risk of deer and elk escaping from the farm premises. There have been some incidents where farmed deer and elk have escaped or been released; some of these escaped or released animals have never been recovered.

For purposes of this document, the term "escape" refers to an accidental or unintentional escape (e.g. - a natural disaster, a gate accidentally not locked, …); while the term "release" implies an unauthorized release (e.g. an act of vandalism). Regardless of the nature of the escape or release, the farmer should have a pre-planned recovery strategy in place, including knowing his/her responsibilities. This protocol will provide deer and elk farmers, facing an unexpected escape or release incident, with a summary of the recommended actions and reporting responsibilities. Producers, farm employees, processing plant and livestock auction personnel should have the protocol readily accessible (i.e. - posted near phones, in the glove compartment of vehicles used for transporting deer and elk).

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Deer and Elk Owner’s Responsibilities and the Fish and Wildlife Conservation Act

The Fish and Wildlife Conservation Act (FWCA) was proclaimed on January 1st, 1999
and replaced the Game and Fish Act. The Act is administered by the Ontario Ministry of Natural
Resources (OMNR). Farmed deer and elk are exempt from most of the provisions of the Act and regulations; however, the Act does contain provisions that necessitate the recovery of escaped or released deer and elk from farms, as well as non-farm operations.

The deer and elk owner's legal responsibilities and issues under the Act include:

• ensuring deer and elk are not released or allowed to escape;
• in the event of an escape or unauthorized release, immediately notifying (i.e. normally within 24 hours) the Ministry of Natural Resources. This protocol allows all deer and elk farmers (Ontario Deer and Elk Farmers Association (ODEFA) members and non-ODEFA members) to report escapes or releases to either ODEFA or directly to OMNR;
• owners of non-farmed deer and elk (e.g. animal displays, wildlife parks etc.) must report escapes and releases directly to the OMNR Provincial Coordination Center in Sault Ste. Marie at 1(877) 847-7667 or fax (705)945-6669 (available 24 hours/day, 7 days/week), immediately (i.e. within 24 hours of the escape or release);
• recovering or killing the escaped animal as soon as practicable. The time frame for resolving the incident will vary from incident to incident depending on the potential risks posed to native wildlife. Appendix 1 - Process For Determining Risk Posed By Escaped or Released Cervids and Appropriate Action, outlines a process for evaluating all potential factors (genetic concerns, habitat competition, feral populations,…) to determine the overall risk category (High, Medium or Low) and the appropriate actions required;
• if the owner is unable to capture or kill the escaped/released animals within a reasonable time frame, the Minister has the authority to capture or kill the escaped/released animals without incurring any liability. The owner could be liable for all expenses incurred by the Minister, unless the escape or release was caused by a natural disaster or act of vandalism.
  

Recommended Actions and Reporting Responsibilities

The following actions should be implemented upon discovering an escape or release:

1. Deer and Elk Farmer Responsibilities

• quickly assess the situation; if the incident is believed to be a public safety concern (i.e. - deer/elk on or near a major highway) the police should be notified immediately;
• secure the remaining animals - preferably in an interior paddock, so exterior paddocks can be used to draw escaped or released animals back;
• deal with any injured animals;
• attempt to draw escaped or released animals back into paddocks;
• formulate a recovery plan for animals that have yet to be recovered. The plan and its implementation speed should reflect the risk category as outlined in Appendix 1. Consider some of the suggested actions outlined in OMAFRA's "draft Best Management Practices to Recover Escaped or Released Deer and Elk";
• if all the deer/elk are recovered immediately (i.e. within 24 hours) after the escape or release, the farmer should notify the local MNR district or area office. In such instances, there is no need to meet the documentation requirements outlined in this protocol unless otherwise instructed by the MNR staff person contacted.
• if the escape or release occurs in transit between farms or en route to an abattoir or auction facility or from an abattoir or auction facility, and initial attempts to recover the deer/elk are unsuccessful, the incident should be immediately reported to the ODEFA at (519)443-7540 or Fax (519)443-6304.
• as an alternative to reporting the incident to ODEFA, the farmer may report the escape or release directly to the 24 hour OMNR Provincial Coordination Center Response Center, Sault Ste. Marie - telephone 1 (877) 847-7667, fax (705) 945-6669 (available 24 hours/day, 7 days/week);
• if the escape or release occurs at the farm and initial attempts to recover the deer/elk are unsuccessful, the farmer must report the incident to the ODEFA, MNR PCC or local MNR office immediately (i.e. within 24 hours of the escape or release);
• the preferred means of reporting the incident to the ODEFA or MNR is by telephone;
• the farmer should also fax a completed "Form A - Preliminary Report for Escaped or Released Deer or Elk" (OMNR Form FW4015). If the farmer does not have access to a fax or does not have time to complete the Preliminary Report within the 24 hour time frame, he/she should provide the details contained on the Preliminary Report to ODEFA or MNR via telephone. Form A is the only document that is required to be submitted within the first 24 hours.
• the agency receiving the information (i.e. either ODEFA or OMNR) will forward information to OMAFRA, CFIA and other OMNR staff.

The farmer should develop a working relationship with the District OMNR staff (see #4 to follow), so they can jointly assess and review the preliminary recovery approach (included in Form A), progress made and potential actions to be implemented, based on risk to native wildlife, as outlined in Appendix 1. ODEFA, OMAFRA and CFIA should also be involved.

The farmer will provide additional information to the District OMNR staff by means of Form B - "Recovery Plan Progress Report of Escaped or Released Deer or Elk (OMNR Form FW4016) and Form C - "Inventory Report for Escaped or Released Deer or Elk" (OMNR Form FW4017). The time frame for submitting Forms B and C will be based on risk analysis measures in Appendix 1.

All personal information contained in Form A, B and C is collected by OMNR, under the authority of the Fish and Wildlife Conservation Act, sections 46 and 54. The personal information will be used to assist in implementation of the recovery protocol, to monitor progress in the recovery of escaped animals and to compile an annual report on escaped or released farmed deer or elk. This information will be shared with OMAFRA, CFIA and ODEFA. A generic report summarizing escape/release incidents will be compiled and distributed to other interest groups, on an as requested basis. The report will contain summary information on the number of incidents, numbers of animals and species involved, general locations, and recovery results. It will not, however, disclose details of specific incidents nor personal information, thus maintaining confidentiality as required under the Freedom of Information and Protection of Privacy Act. The annual report will differentiate between incidents involving farmed and non-farmed deer/elk.

Depending on the circumstances, it may also be advisable for the owner of the escaped deer and elk to contact the following:

• police - where serious traffic & public safety concerns exist, especially for in-transit escapes;
• farm veterinarian - in event of injured animals or possible need for tranquilizers;
• Ministry of Transportation, local township, municipality or district - in event of traffic concerns - blue pages of telephone book;
• Ontario Farm Animal Council - telephone # 905-821-3880 - in the event of an unauthorized release;
• neighbours - especially other deer/elk farmers;
• insurance agent.

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2. ODEFA Responsibilities

Under this escape and recovery protocol, ODEFA will assist in reporting escapes and releases involving deer and elk from all commercial farming operations, including ODEFA and non-ODEFA members. ODEFA will not become involved in the reporting of escapes or releases involving deer or elk from non-commercial farming operations (i.e. - zoos, animal exhibits, parks, petting zoos and private animal collections). ODEFA has agreed to assume the following responsibilities on behalf of the farmer:

• to act as the first point of contact for farmers, abattoirs and auction personnel, who report the escape or release of farmed deer or elk;
• to establish, maintain and service a telephone line (519-443-7540) to handle reported escapes and releases;
• to immediately telephone and fax Form A - Preliminary Report (OMNR Form FW4015) completed by either the farmer or ODEFA, to the following contacts:
  a) OMNR PCC, Sault Ste. Marie - telephone 1 (877) 847-7667 or fax (705)-945-6669 (available 24 hours/day, 7 days/week);
  b) Canadian Food Inspection Agency (CFIA) - Animal Health District Office - see Appendix 2 for list of District Offices; and
  c) Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), the Alternative Livestock Specialist or the Equine & Alternative Livestock Veterinary Scientist, Fergus - telephone (519)846-0941 or Fax (519)846-8178.

3. OMNR and OMAFRA Responsibilities

• if ODEFA reports the escape or release to the OMNR PCC, the OMNR PCC should immediately telephone and fax the Preliminary Report to:
  a) OMNR Wildlife in Captivity Specialist, Wildlife Section, Peterborough - (705)755-1999; Fax (705)755-1900; and
  b) OMNR District Office - with jurisdiction for the location where the escape or release occurred.
• if the farmer or a member of the public reports the escape or release directly to an OMAFRA/OMNR field office, the staff should immediately telephone and fax the Preliminary Report to:

a) ODEFA - phone # (519)443-7540 or fax # (519)443-6304;
b) CFIA - Canadian Food Inspection Agency - Animal Health District Office - see Appendix 2 for list of District Offices;
c) OMAFRA - Alternative Livestock Specialist or the Equine & Alternative Livestock Veterinary Scientist - Fergus - (519)846-0941 or Fax (519)846-8178.
d) OMNR Wildlife in Captivity Specialist, Wildlife Section, Peterborough - (705)755-1999 or Fax (705)755-1900.

• OMNR District staff should develop a working relationship with the farmer. The farmer will provide additional information to the District OMNR staff by means of Form B - "Recovery Plan Progress Report of Escaped or Released Farmed Deer or Elk" (OMNR Form FW4016 and Form C - "Inventory Report for Escaped or Released Farmed Deer or Elk" (OMNR Form FW4017). The farmer and District OMNR staff should jointly assess and review the preliminary recovery approach (included in Form A, OMNR Form FW4015), progress made and potential actions to be implemented, based on risk to wildlife, as outlined in Appendix 1.
• MNR is ultimately responsible for assessing risk and approving recovery timelines and plans, but OMAFRA, CFIA and ODEFA will be consulted in making the decisions.
  

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4. OMNR Wildlife in Captivity Specialist Responsibilities

• compile an annual report on escaped or released farmed deer or elk and distribute to OMAFRA, ODEFA, CFIA and other OMNR staff;
• compile and distribute a "generic report" summarizing escape/release incidents to other interest groups, on an as requested basis. The report will contain summary information on the number of incidents, numbers of animals and species involved, general locations, and recovery results. It will not however, disclose details of specific incidents nor personal information thus maintaining confidentiality as required under the Freedom of Information and Protection of Privacy Act. The annual report will differentiate between incidents involving farmed and non-farmed deer/elk.
• coordinate annual discussion between these parties to evaluate the effectiveness and/or need for the protocol.
• liaise with/provide advice to district MNR staff re: risk analysis, time frames etc.
  

Appendix 1 - Process for Determining Risk Posed By Escaped or Released Cervids and Appropriate Action

Wildlife conservation is the paramount concern of this paper. The paper focuses on the analysis of risk that escaped or released cervids pose for native wildlife. However, the following factors must also be given serious consideration in situations where an escape or release of farmed cervids has occurred:

Public safety is a serious concern. If escaped or released animals are posing or may pose an immediate issue related to public safety (e.g. - animals near or on a major highway), then priority should be given to immediately contacting the local police and working with them to resolve the issue. OMNR and other agencies should also be contacted as soon as possible as per this protocol.

Another very important factor that needs immediate consideration is the possible impacts that escaped or released animals may have on nearby farming operations. There should be a high degree of concern if the escaped or released animals come from a restricted (untested) or suspect herd, under the Canadian Food Inspection Agency's Captive Ungulate Program, especially if there is any risk that the animals will come in contact with livestock or other deer or elk farming operations. There may also be concerns relative to the impacts that escaped animals may have on specialty crops. It is highly recommended that where there are such agricultural concerns, the owner of the escaped or released animals should immediately contact the owners of nearby agricultural operations.

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Process For Considering Risk Factors

1. OMNR will have lead in evaluating/interfacing with the producer and ODEFA regarding wildlife concerns. Any sanction or action taken as a result of wildlife concerns may be taken under the FWCA or other mechanism.
2. All factors will be evaluated in determining risk category and appropriate action; the fact which ranks the highest will determine the overall risk category for the escape/ release event.
3. Regardless of the risk category, all escaped animals must be removed within a period of 9 months unless otherwise authorized by MNR.

Appendix 2 - Canadian Food Inspection Agency (formerly Agriculture and Agri-Food Canada) District Offices - Ontario Area