A Pushmataha County judge is dismissing a case against Shawn Robertson, a Choctaw Nation citizen, who hunted without a state-issued license. The citation said Robertson hunted on public land. But Drummond says the land is technically Indian Country, and he interjected and moved to have Robertson's citation dismissed.
Drummond went further to say he would move to have all similar cases promptly dismissed as well.
"This is another senseless attempt to ignore the sovereignty of the tribal nations in Oklahoma, and it cannot be tolerated," Drummond said in a news release.
Drummond is implying that Gov. Kevin Stitt was involved in the decision by wildlife officials to enforce hunting permits for tribal citizens.
"I will not permit a petulant lame duck governor to further injure the State's relationship with our valuable tribal partners simply because he is unwilling to compact," Drummond said.
Wildlife commission leaders have denied the governor ordered wildlife officials to ticket tribal citizens for hunting or fishing without a state-issued license. However, it is in line with Stitt's decision not to renew hunting and fishing compacts with tribes in 2021, which previously allowed tribal citizens to obtain licenses through their tribes.
The Choctaw Nation applauded Drummond's move to safeguard tribal sovereignty in a press release, noting that their citizens' membership cards can act as their hunting and fishing licenses.
"We are a sovereign nation, and Tribal members have an unquestionable right to hunt and fish on our reservation, using their membership card as their license," Chief Gary Batton said in a statement.
Cherokee Nation Principal Chief Chuck Hoskin Jr. took a swipe at Stitt — a fellow Cherokee citizen — and also applauded Drummond.
"Our ancestors have hunted and fished on these lands for generations and we stand ready to uphold our cherished traditions and defend the rights of our people," he said.
The Oklahoma Department of Wildlife Conservation shared a press release earlier this month, drawing disapproval from several tribal leaders of the five largest tribes in Oklahoma and tribal lawyers.
At that time, Micah Holmes with the Oklahoma Department of Wildlife Conservation said the department wanted to provide clarification in light of two recent court decisions involving jurisdiction in Indian Country: Stroble v. Oklahoma Tax Commission and Stitt v. Tulsa..
He said tribal citizens need state-issued hunting and fishing licenses if they plan to hunt or fish outside of trust land. Without one, he noted, that's a misdemeanor or a state-issued citation.
"Those two recent court cases indicate that citations that would be issued as a result of not having a hunting and fishing license, for example, would be something that would stand up in state court," Holmes said. "So that's why we are, you know, just making that affirmation that we are going to make sure that all Oklahomans have hunting and fishing licenses."
Legal authorities bristled at that argument. Robert Gifford, a Cherokee Nation Citizen and tribal court judge for two major tribes, said, ultimately, hunting and fishing rights are essentially treaty rights, and the Oklahoma Supreme Court does not have the authority to overrule a treaty.
"It kind of goes back to the McGirt thing where they said, 'Hey, if Congress enters into a treaty, only Congress can do away with it. No one else,'" Gifford said. "You can't write laws around it. … So the state of Oklahoma, you know, the Oklahoma Supreme Court, within its authority, does not supersede and take precedent over an act of Congress or a federal treaty between a tribe and the United States government."
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
