(The views expressed are opinions only and are not legal advice)
Anyone who has their radar up in the world of whitetail deer hunting has undoubtedly heard about the massive CJ Alexander buck taken out of Ohio, a potential record, and also its recent confiscation by the Ohio DNR under allegations of poaching. At the time of the writing of this article, that investigation by the ODNR is ongoing and the eventual outcome unknown. However, the subsequent firestorm of rumors on social media, and the revelation of the law allegedly broken has led to questions for some hunters and also raised concerns. What does this case mean for the average hunter, and specifically for those who hunt in Ohio? I recently reached out to the ODNR in an attempt to get some answers. (A related YouTube Video here discussing this)
The Concerns
Let’s first look at the law allegedly broken in this case, the actions taken by the DNR, and the legal guardrails surrounding this law. The press release by the ODNR (here) reveals this case is specifically regarding the permission slip required in Ohio to hunt or retrieve game on private property. I think it’s important to actually read the law and be aware how it’s interpreted by the DNR versus how a layperson may read it. Below is the full law as written (also here):
The Law
Section 1533.17: (A) No person shall hunt or trap upon any lands, pond, lake, or private waters of another, except water claimed by riparian right of ownership in adjacent lands, or shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild waterfowl, or wild animal thereon without obtaining written permission from the owner or the owner’s authorized agent.
(B) Except as otherwise provided in this division, the owner, lessee, renter, or occupant of any lands, pond, lake, or private waters upon which a person violates division (A) of this section is not liable in damages to any person in a civil action for injury, death, or loss to person or property that arises during or incidental to the violation. For the purposes of this division, a finding that a person violated division (A) of this section is not dependent upon the person being charged with or convicted of a violation of division (A) of this section. This division does not apply to civil claims based upon alleged willful or wanton misconduct or intentionally tortious conduct of the owner, lessee, renter, or occupant. This division does not create a new cause of action or a substantive legal right against the owner, lessee, renter, or occupant, and does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law, to which the owner, lessee, renter, or occupant may be entitled under circumstances not covered by this section.
(C) A person who obtains the permission required under division (A) of this section shall carry it with the person at all times during which the person is engaged in an activity for which the permission is required and shall exhibit it upon request of a wildlife officer, constable, sheriff, deputy sheriff, police officer, other law enforcement officer, or the owner of the lands, pond, lake, or private waters on which the person is hunting or trapping or the owner’s authorized agent.
A Layman’s View
Upon reading, it may appear the confines for when a DNR officer can request the said permission slip is limited to “when the person is engaged in the activity.” One would assume this is when hunting on the premises in question or retrieving an animal. However, the ODNR press release about this particular investigation is dated December 26, 2023, and the reported taking of the animal by CJ Alexander was November 9, 2023, which is a big time gap. This suggests that a request by the DNR for the slip was not made when the buck was taken or retrieved. This is further corroborated in their own report (above) stating the investigation was initiated by information from someone else alleging that CJ did not have the proper permission slip (at some later time).
This raises a couple points of possible concern for hunters in the Buckeye State:
- Can anyone give a tip to the DNR that could lead to confiscation of game and then an investigation (which seems the order in this case)?
- What reason is “enough” for a tip to justify confiscation and investigation? (could another jealous hunter just make a claim that would result in action being taken?)
- Could this signed permission slip be requested by the DNR at any place or time after game is taken, even years later, and the hunter be expected to produce it (and if they cannot, be at risk)?
The Money Involved
Yet another point of concern is the money involved. In Ohio, if a buck is ruled as poached the convicted has to pay a fine based upon the size of the antlers. Although one would hope not, does this provide motivation for the DNR to confiscate deer with large racks (would the same attention be given for a doe that was allegedly poached or a spike buck)? There is also a possible reward for those who witness a wildlife crime and report it, if there is a conviction. So is this incentive system, intentional or not, unfairly stacked against anyone who takes a trophy animal?
I recently reached out to the ODNR to discuss the law in question, 1533.17 (above), and talked to Brian Banbury – Executive Administrator of Information and Education. Although we did not discuss the CJ Alexander buck case, I did get some clarity on this law, the application of it, and the tip/reward system in Ohio.
A Talk with the ODNR
According to Brian, the DNR has a lot of leeway when enforcing this law, and can request the mentioned permission slip at any point. There seems to be no time constraints on this – it is not limited to “when a person is engaged in the activity,” and Brian admitted this is a gray area. He also said that the landowner or caretaker/authorized agent is the one that has to report this to the DNR officially for anything to be done. The landowner or caretaker/authorized agent could, however, be tipped off to a violation on their land by a third party and then report it. Also, Brian asserted the DNR looks at each individual case and the law is applied based on the totality of the circumstance, but that it would have to be proved that a particular animal was killed or retrieved on the property in question. Further, the reward system is through a private entity, not state-issued money, and not all tips are eligible. If a tip is true and valid, a reward would be based on how credible the information is and how much risk the whistle-blower put themselves in. This is similar to other crime reporting incentive systems around the country.
What This May Mean in the CJ Alexander Case
Although many details of the CJ Alexander buck case are not known, a few things are now more clear. First, since it was claimed the buck was taken on his sister’s land, it would appear this investigation is based on an accusation that it was actually taken or retrieved elsewhere. The DNR didn’t just randomly ask for a permission slip for his sister’s land (unless CJ’s sister actually reported him and didn’t want him hunting there, which is unlikely). Second, jealous hunters didn’t tip off the DNR and therefore provoke action. Well, they may have, but the landowner in question must have filed the actual complaint, and for the DNR to act there must have been further evidence of wrong-doing. The details of that further evidence are still unclear, as well as the exact motivating factor of the person or persons who apparently tipped off the land owner.
What This May Mean for Ohio Hunters
For Ohio hunters, it appears the DNR can request this permission slip at any time and any place – not just while on the private permission property or in the act of hunting or retrieving game. As admitted by Brian Banbury, this is a legal gray area, and anyone hunting in Ohio needs to be aware of this. I did not get a clear answer on an exact time frame to hold onto signed permission slips (do we need to keep a file folder of them for decades?). Brian did reassure me that the DNR is not out to get anyone, and again, the landowner has to lodge the complaint. I would, however, have my i’s dotted and t’s crossed in this regard – just in case, as the use of this apparent legal fuzzy area seems at the discretion of the ODNR’s “case by case” interpretation. Also, if hunting a large buck, or you happen to shoot one, the reality is there exists a monetary reward system that, on top of the all-too-common jealousy factor, gives additional incentive for people to tip off a landowner to any potential wrong-doing or anything that appears amiss. With several levels of human interpretation here, the signed permission slip is your CYA to put it bluntly.
What About the Future?
Does the DNR have evidence that the CJ Alexander buck was taken or retrieved on land where he did not have permission, or enough to press this case further? I personally have my doubts, but we will see if a smoking gun is indeed produced. For anyone else hunting private land by permission in Ohio (or a similar state), with the way things are currently set up and the explosive nature of social media – get and hold onto those signed permission slips, forever.
