Oklahoma Attorney General Gentner Drummond issued a legal statement today that could dramatically alter the state's approach to tribal hunting rights. In a move directly challenging Gov. Stitt's policy, Drummond's binding opinion declares that the state has no right to prosecute tribal members for hunting and fishing on their reservations, as reported by the Office of Attorney General's official website. Citing federal law, Drummond made it clear that such legal action by the state of Oklahoma not only runs afoul of the law but could also potentially damage relations with tribal nations.
In the face of Gov. Stitt's directive to arrest Native Americans exercising ancestral hunting and fishing practices, Drummond was compelled to speak out, even amidst ongoing litigation—a lawsuit filed by the Chickasaw, Cherokee and Choctaw Nations last month. Typically, an Attorney General might abstain from issuing opinions during active legal proceedings, but Drummond felt the need to quickly and clearly provide guidance, according to his assessment. His intervention aims to lessen the State's liability exposure and to reassert the tribes' rights. "Tribal citizens should not be deprived of their long-held rights while litigation proceeds," Drummond stated in the opinion, as per the Office of Attorney General.
The U.S. Supreme Court's landmark ruling in New Mexico v. Mescalero Apache Tribe forms a substantial basis for Drummond's opinion. The decision noted that state wildlife laws have no jurisdiction where tribes have robust wildlife management programs in place. The implicated Nations—Cherokee, Chickasaw and Choctaw—have all established their own extensive wildlife codes reflective of those endorsed by the state, aiming to protect species, habitats, and ensure sustainable harvest levels, according to the Office of Attorney General.
Contrary to claims that the tribes might engage in illegal hunting, Drummond's statement called these suggestions "demonstrably false." Allegations such as the practice of "spotlighting" were outright refuted; all three Nations' codes explicitly prohibit such tactics. "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," the Office of Attorney General reported.
Furthermore, the opinion underscores the history of cooperation between the tribes and the Oklahoma Department of Wildlife Conservation (ODWC), where shared data and agreements have facilitated a partnership beneficial for all Oklahomans. Rather than disavow these collaborative efforts, Drummond suggests, the State should be bolstering them. "The tribes and ODWC have built a successful partnership over many years that serves the conservation interests of all Oklahomans," Drummond expressed. In a political climate often fraught with divisions, he contends that respect for the law and recognition of these partnerships is paramount for the elected officials of Oklahoma. The full text of AG Drummond's opinion can be read on the Office of Attorney General's Newsroom page.
