If a deer farmer in Oklahoma breeds white-tailed deer under the Chronic Wasting Disease Genetic Improvement Act pilot program, where, when, and to whom can those deer actually be released?
Plain-English summary
Oklahoma Attorney General Gentner Drummond answered a question from Representative Scott Fetgatter about how the Chronic Wasting Disease Genetic Improvement Act (CWD Act) Pilot Program works in practice. Specifically: what limits apply to the release of white-tailed deer bred as part of that pilot program?
CWD is a fatal prion disease in deer, elk, and moose. Researchers found that certain genetic markers (especially the SS allele at codon 96 of the PRNP gene) appear to reduce a deer's susceptibility to CWD. The Oklahoma Legislature enacted the CWD Act in 2024 (codified at 2 O.S. § 6-520) to test these findings: the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) was directed to set up a pilot program that would let cervid producers breed deer using genetic-resistance criteria and release those deer onto private land in Oklahoma. ODAFF promulgated implementing rules in 2025 at Okla. Admin. Code § 35:15-44-22.
The AG read the statute and the rules together to lay out four cumulative limits on Pilot Program deer release:
- Only ODAFF-licensed farmed cervid producers can participate in or release deer under the Pilot Program.
- The deer themselves must meet the codon-96 SS allele and ODAFF-set genomic estimated breeding value (GEBV) thresholds, must be born and raised in Oklahoma, must be properly tagged, and (for bucks) must be under 24 months old.
- Releases can occur only between February 1 and April 15 each year.
- Releases must be onto private land. ODWC may charge a one-time permit fee of up to $500 to the receiving landowner under 2 O.S. § 6-520(D), but ODWC has not yet set the fee or built a collection mechanism, so the practical fee at issuance time is zero.
The AG also addressed an apparent conflict with the older Oklahoma Farmed Cervidae Act (OFCA), which generally bars commingling of farmed and native cervids and limits intrastate cervid transfer to other licensed farms or hunting operations. The AG concluded the Pilot Program operates as a narrow exception to those OFCA rules, applying the canon that a "more recent and specific statute" modifies an older general statute only to the extent necessary to avoid conflict.
The AG explicitly took no position on whether the Pilot Program is sound policy. That is a Legislature question.
What this means for you
If you are an Oklahoma cervid farmer participating in the Pilot Program
Confirm your ODAFF license is current and your registration under the CWD Act is on file. Track each Pilot Program deer's documentation: codon-96 SS allele test, GEBV score above the ODAFF threshold, Oklahoma birth and rearing records, official tag, and (for bucks) age under 24 months at release. Releases must happen during the February 1 to April 15 window. Keep records that match every release event to a specific receiving private landowner.
If you are a private landowner offered Pilot Program deer
You can receive Pilot Program deer onto your private land only after ODWC sets the rules for landowner participation under the CWD Act. As of this opinion's date, ODWC had not promulgated those rules. Until it does, the AG notes the practical fee is zero, but the regulatory pathway for landowners is incomplete. Before signing any agreement to receive deer, confirm with ODWC that you meet whatever requirements ODWC eventually adopts.
If you operate a commercial hunting area or own a wild-deer area
Under the OFCA, you cannot intentionally commingle farmed cervids with native cervids. Releasing Pilot Program deer onto land that hosts native deer was, on its face, in tension with that rule, but the AG read the Pilot Program as a narrow statutory exception. Even so, document the release carefully and track interactions with native populations, because the AG opinion does not insulate you from later policy changes.
If you are an ODAFF or ODWC official
ODAFF rules already exist (§ 35:15-44-22), but ODWC has not adopted the landowner-participation rules the CWD Act contemplates. The AG flagged this gap. Until ODWC promulgates rules and sets the permit fee, the regulatory framework on the receiving-landowner side is incomplete; participants are following ODAFF rules in the absence of ODWC's piece.
If you advise the agricultural or hunting industry
Watch the legislative session for amendments to the CWD Act. The opinion notes that the Wildlife Conservation Commission objected to expansion proposals (HB 3270 in 2026), and the program is politically contested. The AG's narrow-exception reading insulates the current Pilot Program from OFCA conflict, but a broader release authority would require statutory amendment.
Common questions
Q: Who can release deer under the Pilot Program?
A: Only farmed cervid producers licensed by ODAFF under the OFCA and registered with ODAFF under the CWD Act.
Q: What deer qualify for release?
A: Deer that are (i) born and raised in Oklahoma, (ii) carry the codon-96 SS allele and meet the ODAFF-set genomic estimated breeding value (GEBV), (iii) are appropriately tagged, and (iv) for bucks, are under 24 months old.
Q: When can releases happen?
A: Only between February 1 and April 15 each year, including in 2026 and beyond.
Q: Where can deer be released?
A: Onto private land only. ODWC was directed to promulgate rules for landowner participation, but those rules had not been finalized as of this opinion's date.
Q: Is there a fee?
A: ODWC may charge a one-time permit fee of up to $500 to the receiving landowner under 2 O.S. § 6-520(D). As of this opinion, ODWC had not set the fee or established a collection mechanism, so the practical fee is currently zero.
Q: What about the OFCA's bans on commingling and intrastate transfer outside licensed farms?
A: The AG read the Pilot Program as a narrow statutory exception to the OFCA's commingling ban (2 O.S. § 6-507) and the OFCA's transfer rules. The Pilot Program is "more recent and specific" and modifies the OFCA only to the extent necessary.
Q: Could a participant release more than the maximum number of deer?
A: The CWD Act and ODAFF rules cited by the AG do not impose an explicit per-participant cap; the limits in this opinion focus on who, when, where, and which deer can be released. Producers should confirm any per-program quotas with ODAFF.
Background and statutory framework
CWD spreads through prions shed in saliva, blood, urine, and feces of infected cervids. As of August 2025, CWD had been detected in at least 36 states, including Oklahoma. Once detected in a farmed herd, certified-herd protocols (USDA APHIS and ODAFF) trigger quarantine and depopulation, including potential euthanasia of the entire herd. ODWC manages CWD in wild herds under Okla. Admin. Code § 800:25-24-3.
The CWD Act emerged from research suggesting genetic resistance can reduce CWD susceptibility. The Seabury et al. (2020) study identified codon-96 PRNP variations as predictive of susceptibility. The USDA published guidance using GEBV scores to guide breeding decisions on white-tailed deer farms. The Oklahoma Legislature codified a state-level pilot in 2024.
The CWD Act tasks ODAFF with running the Pilot Program and ODWC with collecting baseline DNA samples from native free-ranging deer. ODAFF's 2025 rules at Okla. Admin. Code § 35:15-44-22 implement the participant requirements and release windows. ODWC has not yet promulgated rules for landowner participation, leaving a gap on the receiving end.
Citations and references
Statutes:
- 2 O.S.Supp.2024, § 6-520 (CWD Act, Pilot Program)
- 2 O.S.2021, §§ 6-501 to 6-516 (Oklahoma Farmed Cervidae Act)
- 2 O.S.Supp.2023, § 6-507 (commingling ban)
- 29 O.S.2021, § 4-106 (ODWC commercial deer hunting)
Regulations:
- Okla. Admin. Code § 35:15-44-22 (ODAFF Pilot Program rules)
- Okla. Admin. Code § 35:15-47 (ODAFF herd certification program)
- Okla. Admin. Code § 35:15-44-6 (intrastate cervid transfer)
- Okla. Admin. Code § 800:25-24-3 (ODWC wild cervid CWD protocol)
Case:
- Duncan v. Oklahoma Department of Corrections, 2004 OK 58, 95 P.3d 1076 (more-recent-and-specific statute modifies older general statute only as needed)
Source
- Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2026/3.html
- Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2026/A.G.%20Opinion%202026-3.pdf
Original opinion text
GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2026-3
The Honorable Scott Fetgatter
Oklahoma House of Representatives, District 16
2300 N. Lincoln Boulevard, Room 456
Oklahoma City, OK 73105
March 5, 2026
Dear Representative Fetgatter:
This office has received your request for an official Attorney General Opinion in which you ask
the following question:
What limitations, if any, apply to the release of white-tailed deer bred as part
of the pilot program established by the Chronic Wasting Disease Genetic
Improvement Act, 2 O.S.Supp.2024, § 6-520?
I.
SUMMARY
White-tailed deer bred pursuant to the Chronic Wasting Disease Genetic Improvement Act ("CWD
Act") pilot program may be released only by farmed cervid producers properly licensed and
registered with the Oklahoma Department of Agriculture, Food, and Forestry ("ODAFF").
Additionally, the deer must be born and raised in Oklahoma, be appropriately tagged, and meet
genetic and age benchmarks established under the CWD Act by ODAFF. Eligible deer may be
released only between February 1 and April 15 each year onto private land where the landowner
has paid any permit fee required under the CWD Act.
II.
BACKGROUND
Chronic Wasting Disease ("CWD") is a fatal neurodegenerative disorder affecting the cervid
family, e.g., deer, elk, and moose, characterized by, among other things, weight loss,
listlessness, stumbling or uncoordinated movement, and behavioral changes. See Ctrs. for Disease
Control and Prevention, Chronic Wasting Disease in Animals (Jan. 21, 2026),
https://www.cdc.gov/chronic-wasting/animals/index.html (hereinafter, "CDC – Chronic Wasting
Disease"). CWD is caused by misfolded prion proteins that accumulate in the central nervous
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
The Honorable Scott Fetgatter
Oklahoma House of Representatives, District 16
A.G. Opinion
Page 2
system and lead to brain damage. See Stacie J. Robinson et al., The role of genetics in chronic
wasting disease of North American cervids, 6 PRION 2 (2012) at 154.
CWD is highly transmissible, infecting healthy animals through direct or indirect contact with
prions shed through an infected animal's saliva, blood, urine, or feces. See CDC – Chronic Wasting
Disease. Once inside the new host, the prion induces the healthy animal's normal proteins to adopt
the same misfolded shape. See USDA – CWD Specifics. However, an animal may be infected
months or years before exhibiting any symptoms. See CDC – Chronic Wasting Disease. As of
August 2025, CWD had been found in at least 36 states, including Oklahoma. Id. CWD affects
both wild and farmed cervid herds but it is believed to spread more readily among farmed herds
given the animals' proximity to one another. See Jameson Mori et al., A review of chronic wasting
disease (CWD) spread, surveillance, and control in the United States captive cervid industry, 18
PRION 1 (2024) at 54–55.
Federal and state agencies have engaged in efforts to control CWD for years. For example, the
U.S. Department of Agriculture ("USDA") created a herd certification program as a voluntary
state–federal initiative whereby owners of farmed cervid herds who satisfy certain surveillance
and testing standards are permitted to transport their animals more freely between states. See 9
C.F.R. §§ 55.21–55.25; see also 16 U.S.C. § 667i. ODAFF has adopted standards to facilitate
Oklahomans' participation in the program. See OKLA. ADMIN. CODE § 35:15-47. Detecting CWD
in a certified herd triggers strict quarantine and depopulation measures, up to and including
euthanizing the entire herd. See USDA Chronic Wasting Disease (CWD) Program Standards, Part
B at 40–44 (May 2019), https://www.aphis.usda.gov/sites/default/files/cwd-programstandards.pdf; OKLA. ADMIN. CODE § 35:15-47-11.
Given the dire consequences of finding CWD within a herd, researchers have explored possibilities
for reducing genetic susceptibility to CWD. Specifically, research suggests that certain genotypes
of white-tailed deer may be less susceptible to CWD or may experience slower disease
progression. See, e.g., Seabury et al., Accurate Genomic Predictions for Chronic Wasting Disease
in U.S. White-Tailed Deer, 10 G3: GENES GENOMES GENETICS 1433 (Apr. 2020). From the genetic
sequences studied in tissue samples, the research identified variations (known as alleles) in codon
96 of the PRNP gene to be associated with CWD susceptibility. Id. at 1438. Using this
information, together with findings from other codons throughout the deer's genome, the research
distilled a so-called genomically estimated breeding value ("GEBV") intended to approximate an
animal's susceptibility to CWD. See id. at 1436. The USDA utilizes GEBV scores in guidance for
reducing CWD susceptibility at white-tailed deer farms. See U.S. Dept. of Agric., Genomically
Estimated Breeding Value Predictive Genetics and Chronic Wasting Disease (Aug. 2024),
https://www.aphis.usda.gov/sites/default/files/genomically-estimated-breeding-value.pdf.
Through the enactment of the CWD Act in 2024, the Legislature directed ODAFF to establish a
pilot program ("Pilot Program") to test these findings in Oklahoma white-tailed deer. See House
Bill 3462, 2024 Okla. Sess. Laws ch. 271 (codified at 2 O.S.Supp.2024, § 6-520). While the CWD
Act permits ODAFF and ODWC to promulgate rules "as needed to implement [its] provisions,"
the Legislature required the following to be part of the Pilot Program:
(1) ODWC must collect DNA samples from specified testing locations around the state "to
establish a baseline of average genetic codon markers and genomic breeding values for
native, free ranging Oklahoma white-tailed deer;"
(2) Participation in the Pilot Program is limited "to native white-tailed deer, born and raised
in Oklahoma with genetic resistance breeding, including the SS allele at codon 96, and
that surpass the genomic estimated breeding value cutoff" established by ODAFF; and
(3) Beginning in 2026, "bred female and male deer may be released" between February 1
and April 15.
2 O.S.Supp.2024, § 6-520(B). The CWD Act also permits ODWC to "charge a one-time permit
fee" of up to $500 to individuals who "purchas[e] deer as a result of the criteria established in the
pilot program." Id. § 6-520(D).
In 2025, ODAFF promulgated rules implementing the CWD Act's requirements. OKLA. ADMIN.
CODE § 35:15-44-22. The rules also, among other things, (1) limit participation in the Pilot
Program to ODAFF-licensed farmed cervid producers, (2) set fees for participation, and (3)
establish the GEBV for bred deer to be released. Id. From February 1 through April 15, deer bred
pursuant to the Pilot Program "may be released onto private land" of a landowner that has satisfied
requirements of ODWC regulations promulgated under the CWD Act. Id. § 35:15-44-22(d). To
date, however, ODWC has not promulgated rules setting forth the criteria for landowners who
wish to have Pilot Program deer released on their property.
III.
DISCUSSION
You have asked about limitations on the release of white-tailed deer bred as part of the Pilot
Program. The answer is straightforward based on the terms of the CWD Act and ODAFF rules.
First, only white-tailed deer producers licensed under the OFCA and registered with ODAFF
under the CWD Act may participate in, and release deer pursuant to, the Pilot Program. OKLA.
ADMIN. CODE § 35:15-44-22(a), (b). Second, any deer to be released must (i) meet the codon 96
and GEBV requirements established by the CWD Act and ODAFF, (ii) be born and raised in
Oklahoma and appropriately tagged, and (iii) in the case of bucks, be less than 24 months old. 2
O.S.Supp.2024, § 6-520(B)(2); OKLA. ADMIN. CODE § 35:15-44-22(d). Third, eligible deer may
be released only between February 1 and April 15 of each year. 2 O.S.Supp.2024, § 6-520(C)(3);
see also OKLA. ADMIN. CODE § 35:15-44-22(d)(2) (clarifying that this release period applies after
2026 as well). And fourth, deer released pursuant to the Pilot Program may be released only onto
private land, and ODWC may charge the landowner a "one-time permit fee" of up to $500 to
purchase one or more deer in the Pilot Program. 2 O.S.Supp.2024, § 6-520(D).
Any confusion regarding limitations on releasing deer under the Pilot Program likely stems from
the OFCA's restrictions on the transfer of farmed cervids more generally. For instance, the OFCA
forbids any person from "intentionally commingl[ing] or integrat[ing] any farmed cervidae with
native cervidae." 2 O.S.Supp.2023, § 6-507. So, releasing Pilot Program-bred deer onto private
land that is home to native cervids ostensibly could violate the OFCA. Similarly, under ODAFF
rules, OFCA licensees may transfer cervids within Oklahoma only to other OFCA licensees or to
ODWC-licensed commercial hunting areas. OKLA. ADMIN. CODE § 35:15-44-6(2). So, if Pilot
Program-bred deer are released to a private landowner who is neither, the release could ostensibly
violate ODAFF rules.
To the extent there is any confusion, however, it is misplaced. The Legislature provided no
indication that it intended the Pilot Program to be subject to OFCA restrictions. Indeed, the
requirement that participants in the Pilot Program must be ODAFF-licensed farmed cervid
producers came from ODAFF rules, not the Legislature. Moreover, ODAFF had the opportunity
through rulemaking to limit the recipients of deer bred under the Pilot Program to be consistent
with its own OFCA rules, but it opted not to. Instead, it provided only that the recipients must be
private landowners who satisfy any ODWC rules promulgated under the CWD Act (which ODWC
has not done). See OKLA. ADMIN. CODE § 35:15-44-22(d).
In short, the Pilot Program authorized by the CWD Act should be viewed as a narrow exception
to the OFCA and associated ODAFF rules. This reading accords with the rule of statutory
construction providing that a "more recent and specific statute will be determined to modify or
super[s]ede an earlier, more general statute only to the extent necessary to avoid the irreconcilable
conflict or inconsistency." Duncan v. Okla. Dept. of Corr., 2004 OK 58, ¶ 6, 95 P.3d 1076, 1079.
It is, therefore, the official Opinion of the Attorney General that:
White-tailed deer bred pursuant to the CWD Act pilot program may be
released only by farmed cervid producers properly licensed by and registered
with ODAFF. Additionally, the deer must be born and raised in Oklahoma, be
appropriately tagged, and meet genetic and age benchmarks established under
the CWD Act by ODAFF. Eligible deer may be released only between
February 1 and April 15 each year onto private land where the landowner has
paid any permit fee required under the CWD Act.
GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA
ETHAN SHANER
DEPUTY GENERAL COUNSEL