Attorney General Gentner Drummond has issued a binding legal opinion stating that Oklahoma cannot prosecute tribal members for hunting and fishing on their own reservations. The opinion comes in response to Governor Stitt’s directive, which called for the arrest and prosecution of Native Americans engaging in these activities.
The formal opinion was requested by Representative Chris Kannady. Drummond reiterated his position that the enforcement policy advocated by Governor Stitt and the Oklahoma Department of Wildlife Conservation (ODWC) is not lawful and could harm relationships between the state and tribal nations.
“The supremacy of federal law dictates that it preempts application of the Oklahoma Wildlife Code to Members and Nonmember Indians hunting and fishing on the Nations’ reservations,” Drummond wrote. “Tribal citizens should not be deprived of their long-held rights while litigation proceeds.”
Last month, the Chickasaw, Cherokee, and Choctaw Nations filed a federal lawsuit challenging the state’s actions. Although it is uncommon for an Attorney General to issue an opinion during ongoing litigation, Drummond said that exceptional circumstances required immediate guidance. He also pointed out that providing this clarification now could help reduce potential liability for the state.
Drummond’s opinion relies heavily on the U.S. Supreme Court decision in New Mexico v. Mescalero Apache Tribe, which determined that states cannot enforce wildlife laws where tribes have established their own comprehensive management programs. The Cherokee, Chickasaw, and Choctaw Nations all have such codes in place with licensing requirements, seasons, and limits.
“The Nations’ codes address the same conservation objectives the State pursues, including species management, habitat protection, and sustainable harvest levels,” Drummond wrote.
Addressing concerns about illegal practices like “spotlighting,” Drummond stated these claims are unfounded because all three tribes explicitly prohibit such actions within their wildlife codes. The opinion does not change how state authorities can regulate non-Indians.
Drummond also highlighted years of cooperation between tribal governments and ODWC in managing wildlife resources through data sharing agreements that allow state game wardens to enforce tribal regulations.
“The tribes and ODWC have built a successful partnership over many years that serves the conservation interests of all Oklahomans,” Drummond said. “We should be strengthening this collaboration, not allowing political agendas to undermine decades of cooperative wildlife management. Oklahomans deserve elected officials who respect the law and these longstanding working relationships.”
The Attorney General’s opinion will remain binding for state and local officials unless overturned by a court.