Department of @®hio i Legal Off Agriculture 8905 East Main Suet, Roynoldeburg, OH 43068 Governor John R, Kasich* Lt. Governor Mary Taylor Phone: 614-728-640 «Fax 614-995-4588 ‘wnww.agri.ohio.gov legal@egri.chio.gov Director David. Oar November 26, 2014 Daniel M. Yoder World Class Whitetails of Ohio, Ltd 7391 County Road 203 Millersburg, Ohio 44654 330-231-4282 Via certified mail 7004 1350 0003 2958 6043 Re: Notice of Order of Destruction of Animals Dear Mr. Yoder: Pursuant to Ohio Department of Agriculture’s (ODA) authority in chapter 941 of the Ohio Revised Code (ORO), this letter is to advise you that the Division of Animal Health has ordered that all of the captive whitetail deer at World Class Whitetails Hunting Preserve located at 7888 County Road 308, Millersburg, Ohio 44654 be destroyed by ODA after an appraisal of the whitetail deer has been completed. Specifically, the animals present at your facility have been exposed to Chronic Wasting Disease, a form of Transmissible spongiform encephalopathies which is listed in 901:1-21-02 of the Ohio Administrative Code (OAC) as a dangerously contagious and infectious disease. On April 24, 2014, World Class Whitetails Hunting Preserve was placed on quarantine for suspected exposure to Chronic Wasting Disease under ORC 941.07, On October 22, 2014, an animal from that facility tested positive for Chronic Wasting Disease. Due to the positive test of an animal located at World Class Whitetails Hunting Preserve, all whitetail deer present at preserve have been exposed to a dangerously contagious and infectious disease and therefore endanger the health or well-being of animal populations in the state of Ohio. Second, you violated the quarantine in effect at one of your breeding facilities known as “Honey Run Farm” located at 7391 C.R. 203, Millersburg, Ohio. Honey Run Farm was placed under quarantine on October 17, 2014 which prohibited any movement of whitetail deer on or off the premises without the consent of ODA. Despite the quarantine, on November 12, 2014, you introduced two deer on the quarantined premises without the written consent of ODA. Further, you have chronically violated record keeping requirements at farms you own, operate, or house whitetail deer. Pursuant to OAC 901:1-1-02(B)(2) the owner of monitored captive deer is required to notify ODA of any acquisitions to the herd within seven days of the acquisition. In violation of this reporting requirement, you acquired several whitetail deer and failed to notify ODA of such acquisitions within seven days of the acquisition. The acquisitions for which such notification was required occurred on October 6, 2014 (World Class Whitetails Hunting Preserve); October 31, 2014 (World Class Whitetails Hunting Preserve); November 7, 2014 a.(Walker Hollow Ranch located at 4603 T.R. 302, Millersburg, Ohio); November 10, 2014 (Walker Hollow Ranch); November 12, 2014 (Honey Run Farm and the Walker Hollow Ranch); and November 14, 2014 (Walker Hollow Ranch). Based on the above and pursuant to the authority under ORC chapter 941, ODA is ordering the destruction of all whitetail deer present at World Class Whitetails Hunting Preserve. Please sec the Director's Order attached as Exhibit A. This destruction is to be carried out by ODA or its elected designee. There shall be no hunting on the premises prior to the destruction of the whitetail deer on the premises. Please note any individual who, in violation of the Director's order, destroys an animal located at World Class Whitetails Hunting Preserve is guilty of a misdemeanor of the fourth degree. In accordance with section 941.12 of the ORC, your animals must be appraised prior to their destruction. ORC 941.12 further states that both ODA and the animal owner must select representatives to conduct the appraisals. To expedite this process, ODA proposes that the United States Department of Agriculture (USDA) Whitetail Deer Appraisal Calculator be utilized for the appraisal process. The calculator and a summary of how the calculator is utilized are attached to this letter as Exhibit B. You have seventy-two (72) hours within receipt of this letter to inform ODA whether you accept the use of the USDA Whitetail Deer Appraisal Calculator and waive your right to select a representative or you have elected to select a representative appraiser of your own. If you accept use of the calculator, an ODA representative shall use the calculator to appraise the value of all whitetail deer on your premises. If you fail to indicate to ODA your decision within that time frame, ODA will consider this a waiver of your right to select a representative and proceed with the use of USDA Whitetail Deer Appraisal Calculator as the official means of appraisal. If you disagree with ODA’s proposed finding you may request a hearing, If you wish to request a hearing, please send your request to Mr. David Miran, Jr., ODA Legal Counsel, Legal Section, Ohio Department of Agriculture, 8995 East Main Street, Reynoldsburg, OH 43068-3399, (614) 728-6390 or you may email your request to him at david.miran@agri.ohio.gov. You may also reach Mehek Cooke, ODA Chief Legal Counsel at (614) 728-6204 or Mehek.cooke@agri.chio.gov. You must request a hearing within 30 days of the mailing of this letter. This letter is being mailed to you on November 26, 2014. Based on ORC Chapter 119, you are further advised that, at the hearing, you have the right to be present in person, or you may present your arguments and contentions in writing. You also have the right to hire an attorney to represent you at the hearing. During the hearing, you will have the right to present evidence and examine witnesses appearing for and against you, Please be advised that a request for a hearing docs not put a stay on the destruction of your animals. Additionally, after the depopulation of whitetail deer at the World Class Whitetails Hunting Preserve, no cervidae may be held at that facility until further indicated by the Director. Be advised that if you fail to request a hearing within 30 days of the mailing of this letter, ODA will consider it a waiver of your right to an administrative hearing, @ Serng Farmers nd Protecng Conus sce 146‘The applicable law is as follows: 941.11 Order for destruction of animal. (A) Except as otherwise provided in this chapter, the director of agriculture, without prior hearing, may order the destruction of any domestic or nondomestic animal found to be adulterated with residues, infected with or exposed to a dangerously contagious or infectious disease, or determined to endanger the health or well-being of animal populations or public health in the state. If the director determines that seizure and destruction of a nondomestic animal is necessary, he shall coordinate the seizure and destruction of that animal with the department of natural (B) No person shall fail to comply with the director's order to destroy an animal found to be infected with or ‘exposed to a dangerously contagious or infectious disease or adulterated with residues, (C) The director, if possible, shall notify any person owning or having custody of an animal ordered destroyed, either in person or by certified mail, return receipt requested, prior to destruction. Evidence of the notification of a destruction order shall be proved by an affidavit or by the certified mail return receipt. (D) A destruction order shall contain all of the following information: (1) The name and address of the person owning and having custody of the animal, if known; (2) A description of the animal affocted by the order; (G) The reason for the order; (4) A reasonable deadline for compliance withthe order; (5) A notice to the effect that any person adversely affected by the destruction order may request a hearing to review the order. (E) A person adversely affected by an order may request in writing, within thirty days after receiving the order, a hearing in accordance with Chapter 119. of the Revised Code, 941.12 Appraising animal ordered destroyed. (A) Except as provided in niles adopted under section 941.41 of the Revised Code, no animal shall be ordered destroyed by the director of agriculture, in aecordance with this chapter, until that animal has been appraised in accordance with divisions (B) and (C) ofthis section. This section does not apply to any animal that is adulterated with residues and ordered destroyed by the directo. (B) The director of agriculture shall appraise, based on curent market value, any animal destroyed by his order under this chapter, and may indemnify the owner of the animal if, yon the request of the director, the director of| budget and management provides written notification to the director of agriculture that there is an unencumbered balance in the appropriation for the current biennium sufficient to pay the indemnity. The amouat of indemnity shall be the appraised value of the animal, less any salvage value and indemnity received from another agency. In no case shall the state indemnity payment exceed fifty dollars per head for a grade animal or onc hundred dollars per head fora registered purebred animal. (© For the purpose of indemnification, the value of eny animal ordered destroyed shall be determined by an appraisal made by a represcnative chosen by the owner and a representative chosen by the department of agriculture, In the event ofa disagreement as 1 the amount of the appraisal, a thid disinterested person shall be selected, at the owner's expense, by the two to act with them in the appraisal of the animal. (D) The director of agriculture may refuse to pay an indemnity for any animal ordered destroyed ifthe owner has been convicted of or pleads guilty toa violation of any of the provisions of this chapter or the rules promulgated thereunder. ‘901:1-21-02 Designation of dangerously contagious or infeetious and reportable diseases. (A) For purposes of Chapter 941. of the Revised Code and as provided for in division (A) of section 941.01 of the Revised Code, the director of agriculture designates as dangerously contagious or infectious diseases the following: (1) Anthrax; | Q) Bluetongue (ovine, caprine); G) Brucellosis (Brucella abortus, brucella melitensis, brucella suis); (4) Ceratomyxosis; (5) Contagious equine metrtis; (6) Eastern equine encephalomyelitis; (7) Equine infectious anemia; @ Sanne nd Procin Cosi shoe 886(8) Foot and mouth disease; (0) Fowl typhoid (10) High path avian influenza; (11) Hog cholera; (12) Infectious encephalomyelitis (poultry); (13) Infectious hematopoietic necrosis; (14) Infectious leryngotracheitis (other than vaccine induced); (13) Infectious pancreatic necrosis; (6) Infectious salmon anemia; 07) Lymphocytic choriomeningitis virus (LCMV) (8) Monkeypex; (9) Mycoplasma gallisepticum, turkeys; (20) Newcastle disease; Ql) Poultry chlamydiosis-omithosis; (22) Poultry paramyxovirus (other than Neweaste); (3) Proliferative kidney disease; (G4) Pseudorabies; @5) Psoroptc eatle scabies; (26) Psoroptic sheep seabies; Q1) Rabies, @8) Salmonella pullorum; (29) Serapie; (G0) Transmissible spongiform encephalopathies; G1) Tuberculosis; (G2) Venezuelan equine encephalomyelitis; (G3) Vesicular exanthemas (G4) Viral hemorrhagic septicemia; (G5) Whirling disease (Myxobolus cerebralis); (B) Whenever the director believes that a dangerously contagious or infectious disease is present in any geographic area of the state of Ohio, he may prohibit or regulate by proclamation the mavement of any animal(s) which could carry the disease within, into or out of the area. (C) No person shall sell, move or dispose of animal(s) so designeted in paragraph (B) of this rule without written permission from the department or its authorized representative. (D) The director may at any time designate a disease not specified in paragraph (A) of this rule without a hearing as a dangerously contagious or infectious disease by executive order. The executive order i effective when itis JJourmaized in the order book of the department of agriculture and is effective for ninety days from its journalizaton, Within three days after the order is journalized the director shal ile a certified copy ofthe order with the secretary of sate. Within seven days after the order is joumalized, the director shall cause it to be published in a newspaper of ‘general circulation within this state. Sincerely, ‘THE OHIO DEPARTMENT OF AGRICULTURE at Foskys vat Dr. oe State Veterinarian CC: David T. Daniels, Director Howard Wise, Assistant Director Mehek Cooke, Chief Legal Counsel Mr. Thomas Bird @ Sarg Famer nd Prt osu Shee 1246DEPARTMENT OF AGRICULTURE STATE OF OHIO Inre: Order No. 2014- 357] Daniel M. Yoder World Class Whitetails of Ohio, Ltd 7391 County Road 203 Millersburg, Ohio 44654 Destruction of Animals ORDER On April 24, 2014, the captive whitetail deer owned by Daniel M. Yoder of World Class Whitetails of Ohio, Ltd which are located at the World Class Whitetails Hunting Preserve 7888 County Road 308, Millersburg, Ohio 44654 were placed under quarantine for suspected exposure to Chronic Wasting Disease. On October 22, 2014, an animal from that facility tested positive for Chronic Wasting Disease. Pursuant to Ohio Department of Agriculture’s (ODA) authority in chapter 941 of the Ohio Revised Code (ORC), the animals present at World Class Whitetails Hunting Preserve located at 7888 Township Road, Millersburg, Ohio 44654 endanger the health or well-being of animal populations in the state of Ohio as they have been exposed to a dangerously contagious and infectious disease. Based on this danger, I hereby ORDER that: 1, The herd of captive whitetail deer currently on the World Class Whitetails Hunting Preserve 7888 County Road 308, Millersburg, Ohio 44654, will be destroyed by the Ohio Department of Agriculture, or its designee. 2. Mr. Daniel M. Yoder has seventy-two (72) hours within receipt of this order to comply with this order by indicating to the Ohio Department of Agriculture his representative for appraisal. 3. The premises shall remain under quarantine until such time as ODA lifts the quarantine order of April 24, 2014, 4. That upon journalization a certified copy of this Order be sent to Mr. Daniel M. Yoder. This Order is issued under the authority granted to me by Section 941.11 of the Revised Code. Effective date of this Order: Upon journalization : SS u of David T. Daniels, Director Date’ \ an Ohio Department of Agriculture Journal on thisctay of November, 2014 by s eeNOTICE OF APPEAL RIGHTS Pursuant to Ohio Revised Code Chapter 119, you the right to request an administrative hearing should you disagree with the proposed action. Any request for a hearing must be made to the Ohio Department of Agriculture, Attention David E, Miran, Js. 8995 East Main Street, Reynoldsburg, Ohio 43068, (614) 728-6390 or at legal@agri.chio.gov. Your request for a hearing must be received by the Ohio Department of Agriculture within thirty (30) days of receipt of this Order At the hearing you may appear in person, be represented by an attorney, or you may represent your position, arguments or contentions in writing. At the hearing, you may present evidence and examine witnesses appearing for and against you to show cause why the proposed action should not be levied against you. The Assistant Attorney General assigned to the Department will represent the Department at this hearing. Please note that in accordance with rulings from the Ohio Supreme Court, corporations must be represented by a licensed attorney in administrative hearings. Should your corporation appear without an attorney, you will not be able to cross-examine witnesses or make legal arguments. Please consult your own legal counsel if you have questions concerning this requirement. A request for a hearing pursuant to R.C. Chapter 119 will not prevent the destruction of the animals as directed in this Order.CERTIFICATION STATE OF OHIO é COUNTY OF LICKING, SS 7 ORDER NO. 2014- 457] I, David T. Daniels, Director, Ohio Department of Agriculture, do hereby certify that the annexed instrument is a true and correct copy of ORDER #201425, hvhich was entered upon the order journal of the Ohio Department of Agriculture on the" Yay of November, 2014. In testimony whereof, I have hereunto set my hand and affixed the seal of the Ohio Department Y of Agriculture at Reynoldsburg, Ohio, this ‘ty of November, 2014Whitetail Deer Appraisal Calculator The purpose of the whitetail deer appraisal calculator is to estimate the appraisal value of whitetail deer based upon a few animal characteristics, primarily antler scores. The values used were based upon information provided by Shawn Schafer, North American Deer Farmers Association and from a couple of whitetail deer appraisals done for APHIS. Bucks ILis assumed that the primary factor in determining the value of male deer is the size of his antlers. Two scoring methods are used to determine antler size: Boone and Crocket (B&C) and Safari Club International (SCI)'. As antler size increases the value of the buck increases, Table 1, The values in Table 1 reflect the value of the animal only, not the cost to hunt the animal”, ‘As animals age their antler scores increase which results in a two dimensional breeding quality rating system based age and antler score, Table 1, The age-antler score matrix is then divided into four quality grades: common, good, better, and supreme, Table 1 Breeder quality grades for the sire and dam sire are used to estimate SCI antler score for those bucks that do not have an antler score’, Each grade is assigned a numerical value: common = 1, good = 2, better = 3, supreme = 4 which allow the two grades (sire and dam sire) to be averaged. ‘The average score is rounded down and then rounded up to a whole number so one can get back to a grade name, potentially generating two grades*_ The two antler scores obtained from Table 2 are averaged together for the estimated SCI antler score. ‘The antler scores in Table 2 are at the lower end of the antler scores of Table 1, e.g. in Table 1 the lowest SCI antler score for a better grade 2 year old buck is 200 which is the value in Table 2. * Sci and BC initially would have similar gross scores, but BC will subtract for asymmetry ofthe antlers. The difference between the two can range from almost zero inches up to 50 inches. A 20 inch differential is assumed for the calculator. 2 Typically, the cost ofthe animal s approximately 50% of the total hunting experience price. * Using actual antler scores is preferred, but iffor some reason the owner can’t provide antler score documentation or doesn’t know antler score and it is out-of-season for the buck to have full grown antlers, then this method can be used to estimate antler scores, “Since the averaging of grade numerical values can result in a fraction, the average scores are round down and up resulting in two grade values if one of the grade values is odd. If both grade values are even then both the round ‘down and round up grade values are the same. For example, ifa 4-year buck sire was supreme grade (4) and his ‘dam sire was better grade (3) then the numeric grade would be 3.5. Thus, the antler values for both better grade (220) and supreme grade (250) would be averaged to estimate the buck’s antler score (235).Does The value of a doe is directly related to the quality grade of her associated sires: own sire, dam sire, and service sire (if pregnant or exposed), Table 3. The value assigned to each sire type is summed to generate the doe’s total appraisal value*, In determining appropriate values it was assumed that an open doe of supreme quality (own sire and dam sire being of supreme quality) ‘would be worth $3000. Also it was assumed that her own sire had twice the influence on value as her dam sire. Of course pregnancy status and who is the service sire can greatly influence doe value. Being pregnant from a top sire can be worth $1500 or more, resulting in supreme quality does having value from $3000 to $4500 depending on their pregnancy status. Lower quality does can have a value of $1000 or less and $750 was assumed for an open doe of common grade quality. It was assumed that the lowest value for a fawn was $125 so being pregnant from an unknown buck or a low quality buck was assumed to be worth $100, The rest of Table 3 was filled-in with approximate linear interpolation between highest and lowest values. If the doe has been exposed to a buck, but pregnancy is not confirmed the value of service buck only one-half of that listed in Table 3. Finally, yearling does are assumed to be worth one-half of adult does. Fawns Female supreme grade fawns are assumed to be worth $1000, while supreme males are worth $2,000, Table 4. For each downward step in quality grade value is cut in half so that common grade females are worth $125 and males, $250. The quality grade assigned to a fawn is the average of its sire and dam, where the quality of the dam is a function of her sire and dam sire. Like with the calculation of antler scores, two appraisal values are determined from Table 4 by rounding down and then rounding up the averaged quality grade°. Semen Straws Straws of semen are valued at their purchase (or selling) price. If the owner can’t produce receipts than semen straws will be valued at $100 each, * For example: a doe with a supreme own sire ($2000), a better dam sire ($750) and a supreme service sire ($1500) would be worth $2750 if open and $4250 if confirmed pregnant. For example: a male fawn has a quality numerical grade of 3.5 which when rounded down results in a grade of better ($1000) and when rounded up a grade of supreme ($2000) for an appraised value of $1500. 2Ost, Oc 091 + OT O1z Ost £ (sd 007 ovr zi oze ‘06T ost I ony duidag wa] Oop woURO pep ‘ody pue opain Aijend uody paseg saioog siapuy TOS PoeWINSA -z a12L ‘auiaidns awardns awauens son9q —sanieg sang poo? poof uowuuo> owes uowweD vowiwio? oUIWiaD —uaunte> ” Suiaidns awards auasans auiaidns §atigg sng poo? poof pac uouuoa ower dowuo> uoWiaD vow © fouiaidns awards awaidns auiasdns auiandns —s9n9q yieq —pood-—poo poo! vow? uowiwie2 uoUWHe> ows z uiidins ewaidns ewaidns _awaxdnsawaudns auiaidns ianaq__sanaq__J3Haq poof pool’ poo eww _uowiua> _uowuon t [ SRE TRAE BAG ] (aay 00'S oon'8S © 005'zs cans 0059S © Omw'Us © ows MSS «ows «| OOUES 000s 00st 05S ss anjentesesdde FOL GAR-OL SL~ORL_GHE-OHE GEL-OEL GLE“ IR-OLZ GL-OOL SET-OBT GAL -OBT e@t-0st GSE-05t Set-OoF GET bs +052 _6vE-One_GEZ-UEL _OLL-OZE_GIZ-OLZ_GOL-OOL_GGF-OGT_GEL OG _GLT-OLT_GSE-OMT _6SE-O5t _GyT-OVL_GEL-OET_GtL-0zt__GIF> ___-epOIN BALES saI0o5 aT BY POR BONS THY A SSRIS FTA TSS SHG PSS W FOVODS THO Fd TBESUS SOTTEN SEY ON afly pur azoog sopuy £q sapeig Aupend sopoasg yong pur soiodg sopuy Aq sonye, yesteuddy yong * 19‘Table 3. Doe Appraisal Value Parameters Based Upon Sires Sire Quality Grade [__ Own Sire Dam Sire Service Sire Common $500 $250 $100 Good $1000 $500 $300 Beiter $1500 $750 ‘$700 Supreme $2000 $1000 $1500 Doe Appraisal Value = Own Sire + Dam Sire + Service Sire (if confirmed pregnant or 4 of Service Sire if exposed, but not confirmed pregnant) Table 4. Fawn Appraisal Values ‘Quality Grade! Female I Male ‘Common $125 $250 Good $250 $500 Better $500 $1000 Supreme 31000 $2000 TQuality Grade average of sire and dam quality gradesoa fen ANEDOIS ——3eLsey auieouio ais pve sraous uno dose os 205 se nuyumourun uN PME 65t-0st eyt-ost er. bs Ger-vet_ezt-ozt__ att 2apa1 uO sajosuang 025 uy uouur yum sna 30} 5Or|¢n Kwan pe reed owen youey/ses sumes'3 see's oA eed 000 NA,