W. Va. Code R. § 61-34-8 - Fencing

8.1. The facility shall provide fencing and meet specifications to prevent the escape of captive cervids and the infiltration of wild cervids into a captive cervid farming facility as follows:

8.1.a. The facility shall be constructed of such material, strength and design:

8.1.a.1. To contain the captive animals within the enclosure;

8.1.a.2. To safeguard both the captive animals and the public against injury;

8.1.a.3. To prevent the transmission of disease by indirect contact from the captive animals to wild cervids and the public;

8.1.a.4. To prevent the escape of captive animals;

8.1.a.5. To prevent wild cervids from entering the enclosure; and

8.1.a.6. Require a five-foot cleared buffer around outer perimeter in order to inspect integrity of fence.

8.1.b. Perimeter fencing shall be adequate to prevent:

8.1.b.1. The ingress or egress of cervids;

8.1.b.2. Designed and constructed to take into account topography and terrain features;

8.1.b.3. Constructed to withstand commonly expected occurrences that would cause the fence to be breached. These occurrences shall include; but not limited to:

8.1.b.3.a. High winds;

8.1.b.3.b. Ice storms;

8.1.b.3.c. Large snowfall amounts; and

8.1.b.3.d. Flooding.

8.1.c. The perimeter fence shall meet the following requirements; or the equivalent thereof:

8.1.c.1. Fence material shall be New Zealand style deer fence or its equivalent;

8.1.c.2. Total height of fence shall be a minimum of eight (8) feet;

8.1.c.3. Minimum 12.5 gauge high tensile woven wire with locking knots and a maximum six (6) inch spacing shall be used;

8.1.c.4. Posts shall be metal 'T' posts, treated 4 X 4 posts, 6 inch treated round post or their equivalent;

8.1.c.5. Corner posts shall be properly braced and installed;

8.1.c.6. Posts shall be properly spaced and anchored;

8.1.c.7. Rigid posts shall be set at lowest points of dips and on crowns or humps;

8.1.c.8. Trees or other structures that could threaten the fence shall be removed or fencing shall be constructed so as to prevent the breach of the fence from the fall of a tree or structure.

8.1.c.9. Gates shall be of sufficient strength and construction with no gaps;

8.1.c.10. Gates shall have functional locks;

8.1.c.11. Fencing shall be properly attached to posts;

8.1.c.12. Bottom strand of fence shall be at ground level and reinforced; and

8.1.c.13. Water courses, gullies, ditches, etc. shall be properly fenced to prevent escape.

8.1.d. The minimum size for captive cervid facilities shall be 5,000 square feet for one animal. The enclosure size shall be increased by 25% for each additional animal.

8.1.e. The owner shall provide appropriate shelter and bedding material for the captive animals that protects them from inclement weather.

8.1.f. The owner shall provide fresh drinking water daily.

8.1.g. The owner shall provide captive animals daily with food that is wholesome, palatable, free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. No person shall feed any cervid with any material that contains protein derived from any mammalian tissues.

8.1.h. Where necessary, fecal and food waste shall be removed from the enclosure and stored or disposed of in a manner that prevents noxious odors or insect pests and is in accordance with best management practices. Food, urine, fecal waste, and soils exposed to these waste materials must not be disposed where they may be exposed to free ranging white tail deer.

8.1.i. The owner shall keep allcervids free from parasites, sickness or disease. If sick, cervids must be given immediate professional medical attention or be humanely destroyed.

8.1.j. Co-mingling of different cervid species is allowed if the population density is at least 20,000 square feet per animal and if all best management practices are followed by the captive cervid facility. (Food, water and waste material from captive cervids must not be available to or exposed to free ranging white-tailed deer.)

8.1.k. The facility shall not restrict the movement of or trap existing free ranging deer inhabiting the land on which the facility is constructed. Department personnel shall verify the absence of entrapped deer and may require snow cover for the detection of deer prior to the release of any captive cervids within the facility.

Notes

W. Va. Code R. § 61-34-8