Attorney General Gentner Drummond has formally advised the Oklahoma Department of Wildlife Conservation (ODWC) to reverse its policy that seeks criminal charges against tribal members for hunting and fishing in Indian Country.
In a letter dated November 13 to ODWC Director Wade Free, Drummond stated, “These enforcement actions are not merely ill-advised—they are unlawful. They expose individual ODWC officers to personal liability. They waste limited law enforcement and prosecutorial resources on cases that cannot succeed. And they inflict significant harm on the State’s government-to-government relationships with the Five Tribes—relationships that took years to rebuild and that benefit all Oklahomans.”
The controversy stems from a directive issued by Governor Stitt instructing ODWC leadership to prosecute tribal members who hunt or fish on Indian reservations without a state permit. Drummond indicated he would intervene in such cases and seek dismissal of what he called baseless charges.
Drummond’s letter explained his view that the policy misinterprets case law and conflicts with federal law, which recognizes tribal sovereignty regarding hunting and fishing rights for tribal members.
He further wrote, “The practical consequences of ODWC’s policy are equally troubling. I have been informed that: (a) ODWC game wardens are actively threatening and citing tribal members engaged in lawful hunting activities on reservation lands; (b) Citations are being referred to the Governor’s office for prosecution by special counsel in state court; (c) Game wardens are reporting information about tribal members to their superiors, creating investigative files on individuals exercising protected treaty rights; (d) The State has appointed special counsel to prosecute at least one Chickasaw citizen for hunting on the Chickasaw Reservation without state licenses.”
Drummond also made clear his willingness to pursue legal action if the current policy is not withdrawn. “I take no pleasure in the prospect of litigation between state agencies. But my paramount obligation is to the rule of law and to the protection of Oklahoma’s legal and fiscal interests. ODWC’s current policy threatens both,” he wrote.
