Oklahoma’s Captive Deer Legislation
The Oklahoma Department of Wildlife Conservation’s (ODWC) duty is to manage and regulate the state's wildlife resources for the benefit of all Oklahomans. For over a century, the stewardship of wild deer has been guided by professional science and the North American Model of Wildlife Conservation. This model dictates that wildlife is a public trust that should not be commercialized or managed by private interests.
Oklahoma’s long-standing model of wildlife management is facing a significant challenge from House Bill 3270. This legislation proposes a fundamental shift by transferring critical decision-making authority regarding wild deer from the Oklahoma Department of Wildlife Conservation (ODWC) to the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF).
Background
- The Chronic Disease Wasting Genetic Improvement Act (HB 3462) by Rep. Nick Archer and Sen. Grant Green was signed into law in 2024. It directs ODWC to establish a baseline of average genetic codon markers and genomic breeding values for native, free-ranging white-tailed deer. If warranted, rules would be promulgated by the Oklahoma Wildlife Conservation Commission and the Oklahoma Department of Agriculture, Food and Forestry (ODAFF).
- ODWC agreed to a process which includes a comprehensive review of the available science and a thorough examination of potential unintended consequences before any policy decisions would be considered. ODWC did not agree to a predetermined outcome to release deer into the wild.
- HB 3270, which passed out of the House, by Rep. Nick Archer and Sen. Casey Murdock would transfer responsibilities of the Chronic Disease Wasting Genetic Improvement Act from ODWC to ODAFF.
- The Oklahoma Wildlife Conservation Commission released a position statement against HB 3270.
- ODWC officials and several of its commissioners met with Rep. Nick Archer and other House members but were not successful in getting an amendment to HB 3270 that would restore the Commission's position to decide whether captive deer could be released into the wild.
ODWC encourages citizens to contact their state representatives and senators if they feel strongly about this topic.
Why is it Important?
- This legislation puts Oklahoma in a first-of-its-kind experiment. No other state currently allows the stocking of captive white-tailed deer into the wild.
- The Commission’s authority ensures wildlife is managed as a public trust, not for private or commercial interests.
- Oklahoma is a top-five deer hunting destination in the U.S., with recent annual harvests exceeding 134,000 deer. Introducing captive deer could affect the state’s hunting reputation, land values, and hunting lease markets.
- It could lead to the disqualification of Oklahoma deer from prestigious record books like those of the Boone and Crockett and Pope and Young clubs.
The potential risks of releasing captive deer include:
- Unintentional release of CWD(+) deer into the wild.
The introduction of novel diseases into the wild, including emergence of novel CWD strains.
- Increased susceptibility to existing, and more common, threats like blue tongue and EHD (epizootic hemorrhagic disease).
- Disruption of established herd dynamics and the creation of genetic weaknesses.
- Stocking additional deer into areas that are near or at carrying capacity could lead to additional agricultural depredation, deer/vehicle collisions and potential liability for those who have sold or released the deer.
It could alter deer density and resource selection. Deer that are released from captivity into the wild are going to use human resources and that results in more CWD.
Captive deer have low survival rates when released into the wild. Those deer are at a disadvantage and more susceptible to predation, dehydration and starvation.
What the Scientific Community Says
Oxford Study
“However, the proportion of phenotypic variance explained (PVE) by PRNP SNPs alone cannot be expected to facilitate a successful CWD eradication program, as further evidenced by 20 CWD positive WTD (white-tailed deer) possessing the codon 96SS genotype enrolled in the present study; including one that was both lymph node and obex positive.”
Animal and Plant Health Inspection Service (USDA)
“APHIS does not support the release of livestock, including farmed cervids, into wild populations. The one allowance APHIS recognizes as a legitimate reason for releasing captive cervids is outlined in title 9, Code of Federal Regulations, section 81.3(b), which provides for the release of captive deer, elk, or moose that were captured from a wild population for interstate movement and subsequent release.”
— Rosemary B. Sifford, DVM
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Association of Fish and Wildlife Agencies
“BE IT THEREFORE RESOLVED, that the Association opposes the release of any captive cervids into the wild to influence free-ranging cervid population genetics for the purpose of controlling or managing CWD, based on the current best scientific information, and encourages its members in their own jurisdictions to promote and implement the best scientific management practices for CWD.”
— The Fish and Wildlife Health Committee
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Chronic Wasting Disease Research Consortium
Main points:
1. White-tailed deer are abundant and widespread throughout much of the U.S. There is no feasible approach to releasing captive-bred white-tailed deer that would meaningfully change a free-ranging deer population’s genetic structure, neither locally nor at scales relevant to management, particularly in hunted populations.
2. Efforts to prevent direct and indirect contact between captive and wild deer are important to lower risk of pathogen transmission.
3. Movement or release of live cervids is a significant risk factor for disease transmission, including the introduction of novel pathogens as well as CWD prion spread to new areas. Human-assisted movement of any live deer, regardless of deer genotype, increases risk of introducing or moving CWD.
4. All white-tailed deer are susceptible to CWD. No alleles or combinations of alleles have been identified that prevent CWD infection, thus there are no known truly “resistant” genotypes.
5. Despite ongoing research in this area, there are critical knowledge gaps and scientific uncertainties about the relationship between CWD and deer genetics. Further research is needed to better identify and understand potential unintended consequences prior to the application of genetic tools to CWD management in free-ranging cervids.
a. Certain alleles within the prion protein gene influence CWD progression by extending the incubation period. More information collected from controlled studies would assist in efforts to scientifically assess the mechanism by which incubation period is altered and to better understand the influence of deer genetics on prion shedding profiles (e.g., duration and extent) within the context of CWD transmission.
b. Research suggests that the prion protein gene interacts with CWD prions in ways that could result in the adaptation and emergence of new CWD prion strains. New strains could have undesirable properties, such as increased efficiency of transmission among cervids, increased potential for interspecies (e.g., livestock, humans) transmission, or the potential to evade existing diagnostic tools.
c. Selectively breeding deer for specific alleles of the prion protein gene may come with costs, known as fitness tradeoffs. Deer that live longer with CWD may be less fit (have decreased capacity to survive and reproduce), but no research has been conducted to document fitness tradeoffs in this system.
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Pope & Young Club
“The Boone and Crockett Club and the Pope & Young Club understand that you may soon be petitioned to decide on a policy to allow the release of captive-raised deer to stem the spread of chronic wasting disease. We respectfully ask that you reject such a proposal.
We have been closely monitoring the latest developments of the scientific community regarding chronic wasting disease and remain concerned by the spread of this disease. In closely examining the latest research regarding “genetic durability” or “genetic resistance” to CWD in cervids, we do not find it possible that selective breeding could address the issue of CWD outside of closely monitored and controlled captive breeding operations.
If such a policy proposal does advance and individuals initiate the release of captive-raised deer into the wild, our respective records committees would be forced to consider the implications for accepting record book entries from anywhere in Oklahoma. This decision would be made in light of the Boone and Crockett Club’s longstanding position that genetically-manipulated game is not eligible for entry, as further described in its position statement on the Genetic Manipulation of Game, which Pope & Young supports.”
— Tony Schoonen, CEO, and Justin Spring, Executive Director
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Southeastern Cooperative Wildlife Disease Study
“Releasing farmed deer into a healthy and thriving wild population is a radical idea. Such an aggressive wildlife management intervention would typically be reserved for a species in crisis, and there would be significant goal-oriented planning, coordination and monitoring. This idea of releasing farmed deer carries many risks to the deer population in Oklahoma, and none of these risks have been defined, considered
,or mitigated. I am not aware of any science-based management approaches being discussed as it relates to preventing pathogen introduction, monitoring genetic profiles, monitoring disease status, or monitoring vital rates in wild or released deer, etc.”— Dr. Mark Ruder, Director
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