Overview

This protocol applies only to farmed deer and elk in Ontario and is to protect native wildlife. It provides deer and elk farmers with a summary of actions and reporting responsibilities in situations involving the escape or release of farmed cervids.

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
  • reindeer
  • mule deer

It is in the farmer's best interest to ensure the deer and elk, representing their 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 wellbeing and native wildlife.

There is the risk of deer and elk escaping from (or while in transport to or from) the farm premises even with the best management, fencing and handling facilities.

Difference between escaped and released animals

The term "escape" refers to an accidental or unintentional escape (such as a natural disaster, a gate accidentally not locked). The term "release" implies an unauthorized release (for example, 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 their responsibilities. Producers, farm employees, processing plant and livestock auction personnel should have the protocol readily accessible (for example, posted near phones or in the glove compartment of vehicles used for transporting deer and elk).

Deer and elk owner's responsibilities under the Fish and Wildlife Conservation Act

The Fish and Wildlife Conservation Act, 1997 (FWCA) is administered by the Ontario Ministry of Natural Resources and Forestry (MNRF). Farmed deer and elk are exempt from most of the provisions of the FWCA and regulations. However, the FWCA 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 FWCA include:

  • ensuring deer and elk are not released or allowed to escape
  • in the event of an escape or unauthorized release, immediately notifying (for example normally within 24 hours) the local MNRF district or area office
  • 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.

If the owner is unable to capture or kill the escaped/released animals within a reasonable time frame, the Minister of Natural Resources and Forestry has the authority to capture or kill the escaped or 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 for deer and elk farmers

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

  • quickly assessing the situation and if the incident is believed to be a public safety concern (for example, if a deer/elk is on or near a major highway) and notifying the police immediately
  • securing the remaining animals, preferably in an interior paddock, so exterior paddocks can be used to draw escaped or released animals back
  • dealing with any injured animals
  • attempting to draw escaped or released animals back into paddocks
  • reporting the incident to the local MNRF district or area office
  • formulating a recovery plan for animals that have yet to be recovered. The plan and its implementation speed should reflect the assessment of risk as outlined in Appendix 1.
  • considering some of the suggested actions outlined in the Ontario Ministry of Food, Agriculture and Rural Affairs’ (OMAFRA) fact sheet Best management practices to recover escaped or released deer and elk

Who to contact

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

  • local police (where serious traffic and public safety concerns exist, especially for in-transit escapes)
  • farm veterinarian (in event of injured animals or possible need for tranquilizers)
  • Ontario Ministry of Transportation, local township, municipality or district (in event of traffic concerns)
  • neighbours (especially other deer/elk farmers)
  • insurance agent

Documentation requirements

If all the deer/elk are recovered immediately (within 24 hours) after the escape or release, there is no need to meet the documentation requirements outlined in this protocol unless otherwise instructed by the MNRF.

If more than 24 hours has passed after the escape or release, the farmer should fax or email a completed "Form 4020 - Report for Escaped or Released Deer or Elk" (MNRF Form FW4020) to the local MNRF district or area office.

If the farmer does not have access to a fax or email, they should provide the details contained on the form to MNRF via telephone.

Form FW4020 is the only document that is required to be submitted and may be updated or amended at any time as circumstances dictate.

Reviewing and assessing a recovery approach

The farmer should develop a working relationship with their local MNRF district or area office so they can jointly assess and review the proposed recovery approach (included in Form FW4020), progress made and potential actions to be implemented as outlined in Appendix 1. OMAFRA and the Canadian Food Inspection Agency (CFIA) may also be involved.

The farmer will provide additional information indicating progress made toward recovery of the animals to the MNRF district staff by means of submitting an updated Form FW4020.

All personal information contained in Form FW4020 is collected by MNRF, under the authority of the Fish and Wildlife Conservation Act, 1997 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 may be shared with OMAFRA and CFIA. A generic report summarizing escape/release incidents will be compiled and distributed to other interest groups on an as requested basis, but will not disclose details of specific incidents nor any personal information, thus maintaining confidentiality as required under the Freedom of Information and Protection of Privacy Act.

MNRF and OMAFRA Responsibilities

All escapes or releases should be reported to the local MNRF district or area office with jurisdiction for the location where the escape or release occurred. The local MNRF district or area office may request the involvement of the:

MNRF district staff should develop a working relationship with the farmer. The farmer will provide additional or updated information to the district MNRF staff via Form FW4020 "Report for Escaped or Released Deer or Elk.” The farmer and District MNRF staff should jointly assess and review the proposed recovery approach, progress made and potential actions to be implemented, based on the risk posed to wildlife, as outlined in Appendix 1.

MNRF is ultimately responsible for assessing risk and approving recovery timelines and plans, but OMAFRA and CFIA may be consulted in making the decisions.

Appendix 1: Process for determining risk posed by escaped or released cervids and appropriate action

This protocol primarily 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

Public safety is a serious concern. If escaped or released animals are posing or may pose an immediate issue related to public safety (such as 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. MNRF and other agencies should also be contacted as soon as possible as per this protocol.

Agricultural concerns

Another factor to consider are 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 CFIA's Cervid Movement Policy, especially if there is any risk that the animals could come in contact with wildlife, 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.

Biological and ecological wildlife concerns

Factor Species of cervid Risk
Elk management restoration area Sika deer, red deer, elk/red deer hybrids or elk (without documentation verifying that animals are purebred High
Elk management restoration area Elk (if documentation provided verifying that animals are purebred) Low to moderate
Near a significant deer yard (habitat competition) All species Low to moderate (during fall and winter periods depending on number of animals escaped/released and size of deer yard)
Genetic concerns (such as breeding With white-tailed deer) Mule deer High
Genetic concerns (such as breeding With white-tailed deer) Other species Low
Genetic concerns (such as breeding With white-tailed deer) Red deer or elk/red deer hybrids High - prior to or during rut season

Moderate - after rut season
Concerns relative to the establishment of feral populations All species Low (in short term, as it will take time for feral populations to become established)

CFIA reportable disease (tuberculosis and brucellosis) concerns to native wildlife

Factor Species of cervid Risk
Herd untested (restricted status) All species High (especially urgent in winter deer yard situations and elk restoration areas)
Restricted herd (being tested for first time) - one or more animals test suspect All species High (especially urgent in winter deer yard situations and elk management areas)
Herd tested - one or more animals test suspect from a previously negative status herd All species Low to moderate
Herd tested - negative status (within last 5 years) All species Low
Other disease and parasite concerns All species Low to high depending on specific circumstances

Other factors to consider

Factor Species of cervid Risk
Degree of farmer cooperation/effort All species Risk can increase with lack of farmer cooperation or effort
Release/escape during transit or at abattoir All species High
Released/escaped herd size and distribution All species The larger the herd and more broken up, the greater the risk
Time elapsed since release or escape All species Increased risk as time elapses
Landscape type (southern agricultural vs. northern forests - topography, geography, land cover) All species Greater risk when escape is adjacent to cover/corridors vs. open agricultural land
Season and time of year White-tailed deer, elk, red deer or hybrids in elk management areas, mule deer Greater concern before or during rutting season depending on species, sex and location

Process for considering risk factors

MNRF will have the lead in evaluating/interfacing with the owner regarding wildlife concerns. Any sanction or action taken as a result of wildlife concerns may be taken under the FWCA or other mechanism.

All biological, ecological and disease risk factors will be evaluated in determining risk category and appropriate action. The factor which ranks the highest will determine the overall risk category for the escape/release event.

Situations evaluated in the highest risk category require that immediate measures be taken within 24 hours, while those assessed as moderate risk should be resolved within 4 to 8 weeks.

Regardless of the risk category, all escaped animals must be removed within a period of 9 months unless otherwise authorized by MNRF.

Risk categories and appropriate action

Degree of risk Risk description Appropriate measures
Risk 1 Immediate and urgent (usually one or more "high risk" criteria)
  • effective and immediate action required
  • action needs to be implemented within 24 hours and generally problem should be resolved within a few days
Risk 2 Moderate
  • monitor closely and regularly
  • generally, problem should be resolved within 3 to 8 weeks
Risk 3 Low
  • monitor at least biweekly
  • time until resolution can be several months depending on circumstances
  • maximum period of 9 months

Appendix 2: CFIA local animal health district offices (Ontario area)

Central region

Southwest region

Northeast region

Northwest region