The Nuts and Bolts of Ohio Deer Baiting Rules
The deer baiting laws in Ohio are governed by a set of regulations that are designed to protect both the health and well-being of the deer population and the environment. In general, the state of Ohio currently prohibits the use of bait or lure on any animal while hunting, but there are a few exceptions. These regulations are in place to prevent the spread of disease and to maintain a fair hunting process.
When defining the term "bait" in the context of these regulations, the Ohio Department of Natural Resources (ODNR) does not include items such as salt or minerals when they are used solely to provide supplemental nutrition. Because these items are not considered as attractants, they can be placed on or near the ground during hunting season without violating any laws.
The main purpose of Ohio’s deer baiting laws is to address disease prevention, particularly for diseases like chronic wasting disease (CWD) and bovine tuberculosis (bTB). The Ohio Division of Wildlife implemented the rules to control the spread of these diseases in 2007, following an outbreak of bTB in the state’s deer population in 2004 . After this outbreak, the state made several regulatory changes, including the prohibition of baiting. At that point, the state only allowed baiting in certain areas, but that prohibition has remained constantly in place since 2006, leading many hunters to believe the complete ban to be permanent.
The ban on baiting helps prevent the spread of disease among deer in Ohio. The initial rule was based on a study (The Potential Effects of White-tailed Deer Baiting on Deer Health and Management) of deer baiting in Pennsylvania. From that study, the ODNR determined that baiting disrupted deer metabolism and the spread of diseases. Mating behavior from both males and females was negatively impacted by baiting, reducing overall pregnancy rates. The study also suggested that deer congregated around bait often enough to spread bTB, resulting in animals becoming exposed to the disease at feeding sites.
The ODNR has diverted efforts and resources to accomplishing the stated goals and is serious about limiting the amount of baiting that is allowed, even for research purposes. The rules are strict, and not even public wildlife education events (involving handouts) are allowed to include any deer bait.
Defining Legal and Illegal Deer Baiting in Ohio
The Ohio Department of Natural Resources (ODNR) states that "Baiting is the practice of placing bait on the ground to attract deer." It goes on to explain that baiting can be an effective tool for deer hunting. It should be noted, however, that the ODNR places legal limitations on baiting in an effort to control Chronic Wasting Disease and therefore each State or County may have different rules on baiting.
As an example of a legal deer baiting practice, the ODNR states that "Food blocks, salt blocks, mineral blocks, sugar blocks, and bait containing 500 milligrams or less of added copper sulfate, provided the bait is on the ground" is legal. Conversely, "Salt used primarily to support or aid a deer’s growth or reproduction or to help accomplish someone’s wildlife management goals" is illegal as it is specifically excluded from the list of "legal deer baiting practices".
Prosecutions and Penalties for Baiting law Violations
Violation of the deer baiting law in Ohio contains a range of penalties for those who are caught hunting over corn, other grains, or other bait. You should know before you hunt over bait that while hunters have tried to have this law stricken as unconstitutional, they were unsuccessful.
If you are caught violating the deer baiting law, be advised that you will be put in a position where you have to prove that you had no idea that you were in violation. It is possible that you will be prosecuted, lose your filing privileges for a hunting license, have to pay a fine, and in addition, lose your deer (in some counties) to the state for disposal. On top of this, the agency charged with enforcing Ohio’s baiting laws is the Ohio Department of Natural Resources ("ODNR") Division of Wildlife. Where black bears exist, like in northeast Ohio, this law is strictly enforced and many charges have been brought directly with bears in mind.
Ohio law gives the Ohio Department of Natural Resources Division of Wildlife (Districts 1-4) and the Ohio Department of Agriculture (Districts 5-8) the authority to investigate and bring criminal charges for violations of the deer baiting law. Fines can be charged as misdemeanors of the first degree (up to $1,000 per charge), and up to the loss of filing privileges for a hunting license. District 3 has been extremely strict on deer baiting violations. Although in 2011, proposed legislation failed to pass which would have made a deer baiting violation a minor misdemeanor (which is punishable by a fine of up to $100). As it stands now, if you are caught hunting over bait, you would be charged with a misdemeanor of the first degree.
Exceptions and Special Cases
There are a few exceptions and special conditions that you should be aware of. For example, deer baiting is not prohibited on privately owned property when the owner or caretaker has a disability that prevents them from holding a firearm and shooting at deer or in the event the owner or caretaker of private land is enforcing the law regarding trespassers who have been hunting illegally. The ODNR has made special provisions for these instances. When the property owner/Caretaker is enforcing the law regarding trespassers they need to notify the local Wildlife officer before their enforcement actions. The owner/Caretaker will be allowed to set reasonable bait and check it periodically. This should prevent the deer from leaving private property and entering private property where baiting is illegal. This is , no doubt profoundly uninteresting to most people, but it is nice to have that burden lifted and have an avenue to enforce the trespassing laws on your property.
There is a limited exemption for certified disabled hunters. A person with a physical disability as certified under the Americans with Disability Act may be exempted from this rule. This certification must be presented to any wildlife officer if they should ask. In addition they will be required to carry an appropriate permit and go through the application process laid out by the Ohio Department of Natural Resources.
New Developments in Ohio’s Regulations on Deer Baiting
As public awareness of the issues surrounding deer baiting has grown, authorities in Ohio have also kept a close eye on the subject, and the state’s current laws now reflect their efforts. Although the legislature took several actions on deer baiting in the early 2000s, it wasn’t until 2017 that significant changes were made to the deer baiting rules. These changes included the clarification of certain provisions, the addition of new exceptions, and the introduction of new penalties for violations of the rules. []
From 2017 forward, any person found to be using bait on an open season shooting range will be cited for a minor misdemeanor, which carries over into the next five years. Those found using bait outside of an open season shooting range face either a citation as a minor misdemeanor or citation as a violation of a natural resource law, depending on the specific violation. A minor misdemeanor is an offense for which the offender may be fined up to $150, while violation of a natural resource law carries a maximum fine of $1,500 and may also result in the suspension of an offender’s hunting privileges.
Several other exceptions were added to the law. Deer feeding and baiting is permissible in connection with the management of deer on properties where the feeding or baiting is being conducted. The law states that such properties must be owned by the person responsible for the deer feeding or baiting. The law also includes a provision for the sale of deer hunting bait to legitimate bait sellers [[12]].
Perhaps the biggest addition to the law involves the stipulation that deer baiting will be permitted on open shooting ranges if the ranges take steps to prohibit and prevent the spread of contagious diseases between deer on the ranges. Those steps include ensuring that no deer from outside the range is disposed of anywhere within the range and designating only confirmed cases of CWD infected deer as unusable parts of the animal [[13]].
Staying Updated on Deer Baiting Laws
Diligent hunters understand the importance of staying informed about current rules and regulations in order to avoid unexpected and often costly fines for violating hunting laws. In this regard, knowing and abiding by deer baiting laws in Ohio is no different. The fact that these laws tend to change as populations and environmental conditions fluctuate makes it even more important.
The best place to find information on Ohio’s deer baiting laws is at the websites of the Ohio Department of Natural Resources: the Division of Wildlife (DOW) and the Ohio law and regulations page. Practitioners have found that most of the time, the lead agency responsible for enacting and enforcing the rules has the most comprehensive, up to date information available.
For the latest on baiting rules and regulations, DOW’s website is the best place to start. There you will find a list of recent news releases . Past release just 10 days ago announced a ban on deer baiting in 21 counties and made a strong argument for why baiting deer can pose a risk to the state’s deer population. It offers great insight into the rationale behind the changes in law.
Another great tool for the buckeye state hunter is the Ohio laws and regulations page. Practitioners can use the "search" function to search word or phrase directly related to baiting, or hunt for keywords such as "deer".
One thing that most experienced hunters should know is that not all rules are enacted at the state level. Depending on ones jurisdiction, counties may also pass a wide variety of rules and regulations that the hunter must work within. Some practice tips when it comes to keeping track of any local changes is to find out who the local wildlife manager is for your jurisdiction and ask them about the rules or subscribe to their mailing list if one is offered.