Oklahoma Supreme Court Upholds Tribal Hunting and Fishing Rights

Attorney General's legal opinion protecting tribal members' rights survives challenge from Governor and state wildlife agency.

Apr. 1, 2026 at 4:07pm

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The Oklahoma Supreme Court unanimously rejected an attempt by Governor Kevin Stitt and the Oklahoma Department of Wildlife Conservation to strike down Attorney General Gentner Drummond's legal opinion that protects tribal members' right to hunt and fish on their own reservations. The Court's ruling leaves Drummond's opinion in effect, which declares that federal law prevents the state from arresting and prosecuting tribal members for exercising these long-held rights.

Why it matters

This decision is the latest in an ongoing dispute between the state government and tribal nations over the management of wildlife resources. The ruling affirms the authority of tribal governments to regulate hunting and fishing on their own lands, which is an important aspect of tribal sovereignty and self-governance.

The details

In December, Attorney General Drummond issued a formal opinion concluding that the state's enforcement actions against tribal members were unlawful, wasteful, and harmful to Oklahoma's relationships with tribal nations. The Cherokee, Chickasaw, and Choctaw Nations, whose members had been targeted under the state's enforcement policy, have their own detailed wildlife codes that mirror the state's conservation goals. The governor and state wildlife agency had asked the Oklahoma Supreme Court to strike down Drummond's opinion, but the Court unanimously rejected that request.

  • On March 23, 2026, the Oklahoma Supreme Court ruled to refuse the governor's request to strike down the Attorney General's opinion.
  • In December 2025, Attorney General Drummond issued the formal opinion concluding the state's enforcement actions were unlawful.

The players

Gentner Drummond

The Attorney General of Oklahoma who issued the legal opinion protecting tribal members' hunting and fishing rights.

Kevin Stitt

The Governor of Oklahoma who challenged the Attorney General's opinion in court.

Oklahoma Department of Wildlife Conservation

The state agency that joined the governor in asking the Oklahoma Supreme Court to strike down the Attorney General's opinion.

Cherokee, Chickasaw, and Choctaw Nations

The tribal nations whose members had been targeted under the state's enforcement policy and who have their own wildlife codes mirroring the state's conservation goals.

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What they’re saying

“This ruling is another rejection of Gov. Stitt's unlawful campaign against tribal citizens exercising their long-held rights. The Court would not be used as a tool to override settled federal law and decades of cooperative wildlife management. My position has never wavered: federal law is clear, and it is my duty to uphold it.”

— Gentner Drummond, Attorney General of Oklahoma

“It is time for Gov. Stitt and the ODWC to stand down, respect federal law and return to the collaborative partnership with tribal nations that has served Oklahoma's conservation interests for decades.”

— Gentner Drummond, Attorney General of Oklahoma

What’s next

The dispute will ultimately be resolved by the federal court, where a lawsuit filed by the Cherokee, Chickasaw, and Choctaw Nations is ongoing.

The takeaway

This ruling affirms the authority of tribal governments to regulate hunting and fishing on their own lands, which is an important aspect of tribal sovereignty and self-governance. It also highlights the ongoing tensions between state and tribal governments over the management of natural resources, and the need for collaborative partnerships that respect federal law and the rights of tribal citizens.