Three Oklahoma Tribes Sue State Officials Over Unlawful Hunting and Fishing Citations

A significant new legal challenge to state authority has been mounted in the U.S. District Court for the Northern District of Oklahoma, where the Chickasaw Nation, Choctaw Nation of Oklahoma, and Cherokee Nation have jointly filed a federal lawsuit. The suit alleges that Governor Kevin Stitt and various state officials are unlawfully prosecuting Tribal citizens for hunting and fishing activities conducted on Tribal lands.

The lawsuit, filed on a Monday, names Governor Stitt, his recently appointed special prosecutor Russ Cochran, and the Oklahoma Department of Wildlife Conservation (ODWC) as defendants. The collective contention of the Tribes is that the Governor lacks the legal authority to appoint a special prosecutor specifically for wildlife offenses within the boundaries of their reservations. They argue further that the Governor's directives to the ODWC constitute a direct violation of Tribal sovereignty and jurisdiction, rights that were emphatically reaffirmed by the U.S. Supreme Court’s landmark 2020 McGirt v. Oklahoma decision.

Leaders from Oklahoma’s three largest Tribes issued strong condemnations regarding what they describe as the state's continued unlawful citation of Native hunters and fishers, asserting that these citizens are merely exercising rights protected by long-standing federal treaties and subsequent federal law.

Choctaw Nation Chief Gary Batton stated that the Nation is prepared to "defend its rights and those of its members against the Governor’s unlawful prosecution," emphasizing that hunting and fishing are traditions deeply rooted in Choctaw sovereignty that predate the establishment of the state. Batton expressed concern that Governor Stitt's actions are "causing harm and distress" to their members, vowing that the overreach would not continue. He reiterated the Tribe’s commitment to wildlife conservation and its desire for a continued "strong working relationship with ODWC."

Cherokee Nation Principal Chief Chuck Hoskin Jr. accused the state's actions of ignoring both treaty rights and the counsel of Oklahoma Attorney General Gentner Drummond. Hoskin declared the Nations are proud to stand together "in defense of tribal sovereignty, which protects our Native citizens on tribal land." He asserted that by "targeting hunters and fishers legally exercising their treaty rights," Governor Stitt demonstrates a greater interest in "attacking tribal sovereignty than helping the state." Hoskin further charged that the Governor "continues to reject a path of cooperation, and force a path of litigation," noting the earlier termination of wildlife compacts. The Chief expressed appreciation for the work of Attorney General Drummond and others who "respect tribal rights and Oklahoma values," and pledged to continue defending treaty rights in federal court.

Chickasaw Nation Governor Bill Anoatubby clearly defined the objective of the litigation: protecting rights reserved through federal treaties. Anoatubby stressed that their treaties are among the "supreme law of the land" and that their citizens are "good people acting in good faith," complying with federal and tribal law while respecting private property rights. He added that the Nations stand ready to collaborate with their state partners to "ensure accurate reporting of data and to facilitate safe and enjoyable hunting and fishing for all Oklahomans."

At the time of the initial filing, Oklahoma state officials had not immediately responded to requests for comment regarding the lawsuit.