Our
post about Leslie Cain, the woman allegedly facing jail time for rescuing an orphaned fawn, generated such a large response, we decided to follow up with the Ohio Department of Natural Resources about the details of the case. Dave Kohler, a representative of the ODNR-Division of Wildlife, addressed our questions.
A lot of the comments on our story focused on the law Cain broke prohibiting the transportation of deer across state lines. Known as the
Lacey Act, the law is in place primarily to protect animals against trafficking (rather than preventing disease.) That said, when Cain moved the deer, she did break the law, despite her good intentions.
"Channel 5 ran a story that we wanted to kill the fawn and test for Chronic Wasting Disease (CWD)," Kohler says. "But that wasn't the issue. There is no viable test for CWD in a deer until they are at least 1 1/2 years old, so that was not our goal. The real issue is that this fawn was most likely not an orphan until it was removed from the vicinity of the adult doe. In addition, when people handle fawns, they may lose their fear of humans. In most instances, the best chance wild animals have to thrive in the wild is if they are left alone."
According to the
DNR website,"A fawn alone and hidden in a meadow, woodland edge, or even a backyard flower garden is most likely not an orphan. The doe deer often leaves her young alone in an out-of-the-way spot when she is off feeding. Since the doe cannot be in two places at once, a fawn may be left alone several times a day."
Kohler explains that Sunny probably wasn't actually an orphan in the first place, but after the fawn was being bottle-fed for a few days, Sunny's mother most likely would not have returned with people surrounding him. The concerned neighbors who were caring for Sunny were told to "let nature run its course" and "leave the fawn alone," which they interpreted as meaning leaving the baby deer to die. But according to Kohler, this simply meant that the fawn should be left alone so he could be reunited with his mother.
"The problem with a fawn that loses its fear of humans is that it won't be a fawn for long. When the fawn grows to maturity (1 1/2 years old), you could have a big buck with antlers," Kohler explains. "We had a case recently of a deer kicking a toddler. Now why is a deer that close to people? A deer that loses its fear of humans can be dangerous."
So why would the fawn be euthanized if found? According to Kohler, white-tailed deer are notoriously difficult to rehabilitate; many don't survive the rehabilitation and most of those that do are killed by cars, canines, or other causes within 60 days of release. The remainder sometimes become problem deer. In rare cases, truly orphaned deer may be adopted by other does, but if not they aren't equipped to survive on their own. When that happens, the DNR opts for euthanasia following American Veterinary Medical Association (AVMA) standards.
"There have been no charges filed against Ms. Cain," Kohler tells us. "I think she was just made aware of the maximum penalty possible, but no charges have been filed. If the deer's in Kentucky, that's their jurisdiction."
As cute and vulnerable as Bambi-like little fawns might seem, the DNR stresses that leaving them alone is safer for them (and us). When all is said and done, according to Kohler, "this unfortunate situation could have been avoided and was blown out of proportion, but it gives us an opportunity to educate folks about how wild animals function."
For more information on white-tailed deer and other wildlife, visit
wildohio.com.