Above photo: Signs seen Oct. 31 in Tahlequah let Cherokee Nation citizens know how and where they can hunt and fish within the reservation. Chad Hunter/Cherokee Phoenix.
The Chickasaw Nation, Choctaw Nation of Oklahoma and Cherokee Nation have filed a federal lawsuit in the U.S. District Court for the Northern District of Oklahoma, alleging that Gov. Kevin Stitt and state officials are unlawfully prosecuting tribal citizens for hunting and fishing on tribal land.
The suit, filed Monday, names Stitt; his newly appointed special prosecutor, Russ Cochran; and the Oklahoma Department of Wildlife Conservation (ODWC) as defendants. The tribes argue that the governor does not have the authority to appoint a special prosecutor for wildlife offenses on tribal land and that his directives to ODWC violate tribal sovereignty and jurisdiction affirmed by the U.S. Supreme Court’s 2020 McGirt decision.
Leaders of the state’s three largest tribes condemned what they say is the state’s continued unlawful citation of Native hunters and fishers who are exercising rights protected by treaties and federal law.
“The Choctaw Nation will defend its rights and those of its members against the Governor’s unlawful prosecution, as hunting and fishing are deeply rooted in our sovereignty and the traditions of the Choctaw people long before this state was founded,” Choctaw Nation Chief Gary Batton said. “Gov. Stitt’s attack of our members is causing harm and distress, and we won’t let this overreach continue. We remain committed to conserving, protecting and enhancing wildlife resources, including our continued strong working relationship with ODWC.”
Cherokee Nation Principal Chief Chuck Hoskin Jr. said the state’s actions ignore treaty rights and the advice of Oklahoma Attorney General Gentner Drummond.
“We are proud to stand today with our fellow sister nations in defense of tribal sovereignty, which protects our Native citizens on tribal land,” Hoskin said. “By targeting hunters and fishers legally exercising their treaty rights, against the advice of the Oklahoma attorney general, Governor Stitt is once again showing Oklahomans he cares more about attacking tribal sovereignty than helping the state. The governor, as he did when he terminated our long-standing wildlife compacts, continues to reject a path of cooperation, and force a path of litigation.”
Hoskin added that the tribe appreciates “the work of Attorney General Drummond and other partners throughout the state who respect tribal rights and Oklahoma values,” and vowed to continue defending treaty rights in federal court.
Chickasaw Nation Governor Bill Anoatubby said the tribes’ goal is simple: protecting rights reserved in federal treaties.
“Our primary aim is to protect the rights of our people to fish and hunt, as protected by treaty and federal law,” Anoatubby said. “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. We stand ready to work with our friends in the state of Oklahoma to ensure accurate reporting of data and to facilitate safe and enjoyable hunting and fishing for all Oklahomans.”
Oklahoma officials did not immediately respond to a request for comment.
