The Chickasaw, Choctaw and Cherokee Nations are suing Gov. Kevin Stitt, Oklahoma Department of Wildlife Conservation officials and a special prosecutor in an ongoing dispute over hunting and fishing licenses on tribal reservations.
The filings provide examples of tribal citizens who have received citations from state game wardens for not having a state-issued hunting or fishing license when hunting or fishing on lands within their reservation boundaries.
The three tribal nations argue that the state game wardens issuing these citations are depriving their citizens of "their treaty right to hunt for subsistence purposes" and are infringing on tribal sovereignty, which therefore "constitutes irreparable harm." They also asked the court to pause the state's policy until the case is decided, allowing their citizens to hunt and fish immediately.
"Our primary aim is to protect the rights of our people to fish and hunt, as protected by treaty and federal law," said Chickasaw Nation Governor Bill Anoatubby in a written statement. "Our treaties are among the supreme law of the land. Our citizens are good people acting in good faith. They are acting in compliance with federal and tribal law and with respect for Oklahomans' private property rights."
The three nations also have support from Attorney General Gentner Drummond, who has repeatedly asked state game officials not to cite tribal citizens. In a letter to wildlife officials last week, Drummond threatened his own lawsuit against the Department of Wildlife Conservation if they didn't rescind its new policy.
"I take no pleasure in the prospect of litigation between state agencies. But my paramount obligation is to the rule of law and to the protection of Oklahoma's legal and fiscal interests. ODWC's current policy threatens both," he wrote.
Gov. Kevin Stitt, though, argues wildlife officials should continue citing tribal citizens if they don't have a state-issued hunting or fishing license. He appointed a special prosecutor to go after Indigenous hunters who are cited for hunting without a state license on tribal reservations.
In a news release, Stitt blasted Drummond and announced Russ Cochran will take on prosecutorial duties against tribal members who hunt or fish without state licenses. He's the former Assistant District Attorney for Lincoln and Pottawattamie Counties and former General Counsel for the Oklahoma Bureau of Narcotics.
"State and federal courts have been clear. The State of Oklahoma can prosecute Indians who commit non-major crimes in our state," Stitt said in a statement. "I will not stand by and allow lawless Drummond to undermine district attorneys who are prosecuting crimes and keeping Oklahomans safe."
Stitt said Cochran would prosecute Indigenous people hunting without a license issued by Oklahoma's Department of Wildlife Conservation (ODWC).
Those who have been impacted
In support of the lawsuit, several citizens of the three tribes shared sworn attestations about their experiences hunting and fishing under the new policy.
South-Central Oklahoma man Kodie Shepherd received a citation from a state game warden on Oct. 27 after showing his Chickasaw hunting and fishing license. He was fined a total of $513 for not having a state hunting license and a state archery tag, despite a reciprocal agreement made with four other tribes.
Shepherd said he will refrain from hunting or purchasing a state license, which he noted will impact not only himself but also his family.
"Subsistence hunting is so important to my family and takes up such a large part of our diet that we purchased a deep freezer to store the meat that I harvest this year," Shepherd said. "I had planned on taking the total legal bag limit of whitetail deer this season to maximize the benefit of hunting season for myself, my wife, and our three children."
Shepherd said hunting for him is not a sport, but a way he has reconnected with his Chickasaw heritage and has brought his family together.
"I am now honing my skill with the more traditional recurve bow, and I purchased bows for each of my children so that I can pass down the skill to them," Shepherd said. "The processing of meat that I take through hunting also serves as a familial activity. We come together to process meat on our own. We pull hides, gut the carcasses, and do everything by hand."
He said if he has to comply with state hunting laws that violate his treaty rights, it will cost him more money or more time to drive to tribal trust lands, which will be harder to fit into his schedule. However, if he waits to buy a state license or go hunting, his family will miss out on the meat supply they rely on and cultural nourishment.
Shawn Robertson is a 24-year-old Choctaw Nation citizen who said he hunts whitetail deer on the Choctaw Reservation every deer season. He's been using Choctaw hunting licenses since the tribe began issuing them.
"I harvest deer to feed myself, my wife, and my young daughter throughout the year," Robertson said in his sworn attestation. "Hunting for subsistence offers my family an affordable and healthy source of meat, and it has been especially important as the price of meat grows more expensive."
On Oct. 14, less than a week after the Oklahoma Department of Wildlife Conservation announced its policy on tribal hunting licenses, Robertson headed into the Hugo Wildlife Management Area to hunt deer with a bow but came up empty.
As Robertson left the wildlife management area in his father's truck with Choctaw Nation tags, a game warden pulled him over and asked if he had a hunting license.
"I answered yes, that I have a hunting license from the Choctaw Nation," Robertson said in a sworn statement. "He said that the State had done away with tribal licenses, and that I would need a state hunting license instead. He did not ask to see my Choctaw Nation hunting license."
The warden issued Robertson a misdemeanor citation. Unless Robertson buys a state hunting license, he faces a fine between $25 and $200, jail time up to 30 days, or both.
Robertson said he doesn't believe he was in the wrong.
"I take care every hunting season to comply with the law, and I have never encountered any issues before this citation," he said.
Despite his frustration, Robertson said he purchased a state hunting license afterward because he didn't want to risk additional fines or having his hunting equipment confiscated.
Robertson isn't alone in buying a license he doesn't feel he legally needs.
Larry Soap is a Cherokee Nation citizen who's been looking forward to hunting with his nine-year-old grandson this year. Subsistence hunting, he said, is an expression of his Cherokee heritage.
But after a conversation with a game warden about the ODWC's new policy, Soap said he bought state licenses for himself and his grandson, even though he believes they were already within the law.
"I do not want my grandson's first deer season to be made unpleasant by a citation from a state game warden," Soap said in a sworn affidavit. "It was a financial burden to take money away from other needs and put it towards purchasing a state license, but a peaceful hunting experience with my grandson is important to me."
Choctaw Nation Chief Gary Batton and Cherokee Nation Principal Chief Chuck Hoskin Jr. both issued statements condemning Stitt's disregard for treaty rights and cultural practices.
"Hunting and fishing are deeply rooted in our sovereignty and the traditions of the Choctaw people long before the state was founded," Batton said in his statement. "Gov. Stitt's attack of our Members is causing harm and distress, and we won't let this overreach continue."
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.
