Oklahoma Supreme Court Upholds Tribal Hunting and Fishing Rights

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

Apr. 1, 2026 at 1:09am

The Oklahoma Supreme Court has unanimously rejected Governor Kevin Stitt's attempt to strike down Attorney General Gentner Drummond's legal opinion protecting 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 and tribal nations over wildlife management and enforcement. The ruling affirms the authority of tribal governments to regulate hunting and fishing on their own lands, which has been a point of contention with the state's efforts to assert control.

The details

In December, 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 policy, have their own detailed wildlife codes that mirror the state's conservation goals. The federal court will ultimately resolve the dispute, as the three tribal nations have an ongoing lawsuit against the state.

  • On March 23, the Oklahoma Supreme Court unanimously rejected Governor Stitt's request to strike down AG Opinion 2025-19.
  • In December, Attorney General Drummond issued the formal opinion declaring the state's enforcement actions as unlawful.

The players

Gentner Drummond

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

Kevin Stitt

The Governor of Oklahoma who challenged Drummond's legal opinion in an attempt to assert state control over wildlife management on tribal lands.

Cherokee Nation

One of the three tribal nations that has filed a lawsuit against the state over the wildlife enforcement dispute.

Chickasaw Nation

One of the three tribal nations that has filed a lawsuit against the state over the wildlife enforcement dispute.

Choctaw Nation

One of the three tribal nations that has filed a lawsuit against the state over the wildlife enforcement dispute.

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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 federal court will ultimately resolve the dispute, as the Cherokee, Chickasaw, and Choctaw Nations have an ongoing lawsuit against the state over the wildlife enforcement policy.

The takeaway

This ruling affirms the authority of tribal governments to regulate hunting and fishing on their own lands, rejecting the state's efforts to assert control over these long-held tribal rights. The decision underscores the need for continued cooperation and respect between the state and tribal nations on wildlife management issues.