Question Submitted by: The Honorable Scott Fetgatter, Oklahoma House of Representatives, District 16

Summary

This document is Oklahoma Attorney General Opinion 2026 OK AG 3, addressing limitations on releasing white-tailed deer bred under the Chronic Wasting Disease Genetic Improvement Act pilot program. The opinion concludes that eligible deer may be released only by properly licensed and registered farmed cervid producers, must satisfy specified Oklahoma-origin, tagging, genetic, and age requirements, and may be released between February 1 and April 15 onto qualifying private land. The opinion is signed by Oklahoma Attorney General Gentner Drummond and Deputy General Counsel Ethan Shaner.

Holdings

1. Only farmed cervid producers licensed under the Oklahoma Farmed Cervidae Act and registered with the Oklahoma Department of Agriculture, Food, and Forestry under the Chronic Wasting Disease Genetic Improvement Act may participate in and release deer pursuant to the pilot program.
2. Released deer must satisfy the codon 96 and genomic estimated breeding value requirements established by the Act and ODAFF, be born and raised in Oklahoma, be appropriately tagged, and, if bucks, be less than 24 months old.
3. Eligible pilot-program deer may be released only between February 1 and April 15 each year and only onto private land, subject to any applicable landowner permit fee under the Act.
4. The pilot program is a narrow exception to the Oklahoma Farmed Cervidae Act and associated ODAFF rules, and the general OFCA restriction against intentionally commingling or integrating farmed cervidae with native cervidae does not independently bar releases authorized by the pilot program.

Questions Presented

1. What limitations apply to the release of white-tailed deer bred under the Chronic Wasting Disease Genetic Improvement Act pilot program?
2. Whether the pilot program operates as a narrow exception to the more general restrictions of the Oklahoma Farmed Cervidae Act and associated administrative rules.

Disposition

other