The Legislative Committee on Administrative Rules on July 10 approved changes to Fish and Wildlife rules aimed at preventing chronic wasting disease (CWD) from entering Vermont while avoiding an unintended conflict with Agency of Agriculture regulations for in‑state farms.

Hannah Smith, general counsel for the Department of Fish and Wildlife, said the department amended rule language to use the term “cervids” instead of “deer and elk” so the rule applies to the broader group of animals that can carry CWD, including moose. Smith also proposed an amendment to clarify that for the rule’s purposes, farm facilities located in Vermont and subject to the Agency of Agriculture’s rules are not treated the same as out‑of‑state imports.

Smith explained the change was intended to avoid an unintended prohibition: under the earlier wording, an in‑state farm facility in compliance with Agency of Agriculture rules could be left unable to legally possess processed carcasses under Fish & Wildlife rules. Replacing the phrase "in compliance with" with "subject to the provisions of" the Agency of Agriculture rules was proposed to avoid placing Fish & Wildlife in the position of assessing compliance with another agency’s rules.

A committee member asked whether violations under Fish & Wildlife would be criminal or civil; Smith said most Fish & Wildlife violations are criminal but that the department uses civil tickets for many wildlife rule violations and would coordinate with the Agency of Agriculture where jurisdiction overlaps.

The committee adopted the amendment (filed as rule 25 K 11) by voice vote. Fish & Wildlife told the committee the change is intended to prevent importation of CWD from endemic areas while allowing regulated in‑state farm facilities to operate without regulatory conflict between agencies.

The department said it expects to continue coordinating with the Agency of Agriculture on enforcement where necessary.