Oklahoma Supreme Court Upholds Tribal Hunting and Fishing Rights Opinion
Summary
The Oklahoma Supreme Court has upheld Attorney General Drummond's opinion protecting tribal members' hunting and fishing rights on their reservations. The court rejected Governor Stitt's challenge, affirming that federal law prevents state prosecution for these activities. This ruling leaves Drummond's opinion in effect while a related federal lawsuit proceeds.
What changed
The Oklahoma Supreme Court has unanimously ruled against Governor Kevin Stitt's challenge to Attorney General Gentner Drummond's formal opinion (AG Opinion 2025-19), thereby upholding the opinion that tribal members have the right to hunt and fish on their reservations without state interference. The court's decision affirms that federal law supersedes state attempts to arrest or prosecute tribal citizens for these activities, effectively preventing the state from overriding settled federal law and established wildlife management practices.
This ruling has significant implications for tribal sovereignty and intergovernmental relations in Oklahoma. While the state Supreme Court's decision leaves Drummond's opinion in effect, the ultimate resolution of the dispute will occur in federal court, where a lawsuit filed by three tribal nations is ongoing. The Attorney General urged the Governor and the Department of Wildlife Conservation to cease enforcement actions and return to collaborative wildlife management with tribal nations.
What to do next
- Monitor the ongoing federal lawsuit for final resolution of tribal hunting and fishing rights.
- Review internal policies and procedures regarding tribal hunting and fishing enforcement in light of the court's decision.
Source document (simplified)
Oklahoma Supreme Court sides with Drummond in tribal hunting, fishing dispute
Tweet PRINT Email Tuesday, March 24, 2026 OKLAHOMA CITY (March 24, 2026) – Attorney General Gentner Drummond's legal opinion protecting tribal members' right to hunt and fish on their reservations survived a challenge at the Oklahoma Supreme Court, after the justices unanimously rejected Gov. Kevin Stitt's attempt to strike it down.
The governor and the Oklahoma Department of Wildlife Conservation (ODWC) had asked the state's highest court to step in and strike down AG Opinion 2025-19. Yesterday, every justice on the Court ruled to refuse that request, which leaves Drummond’s opinion in effect. The opinion declares that federal law prevents Oklahoma from arresting and prosecuting tribal members for hunting and fishing on their own native lands.
“This ruling is another rejection of Gov. Stitt's unlawful campaign against tribal citizens exercising their long-held rights,” said Drummond. “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.”
Drummond issued the formal opinion in December after concluding that the state's enforcement actions 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 same conservation goals Oklahoma pursues.
The dispute will ultimately be resolved by the federal court, where a lawsuit filed by those three tribal nations is ongoing.
“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,” said Drummond.
Last Modified on Mar 24, 2026
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