A landowner shall not keep whitetail as farm deer, unless the whitetail iskept on land which is enclosed by a fence. The fence must be constructed and maintained as prescribed by rules adopted by the department. A landowner shall not keep the whitetail unless the fence iscertified in a manner and according to procedures required by the department. The fence shall be constructed and maintained to ensure that whitetail are kept in the enclosure and that other deer are excluded from the enclosure. A fence that is constructed on or after May 23, 2003, shall be at least eight feet in height above ground level. The department of agriculture and land stewardship may require that the fence isinspected and approved prior to certification. The department of natural resources may periodically inspect the fence according to appointment with the enclosure’s landowner.
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