State officials are asking a federal court to reject claims by tribal leaders and Oklahoma Attorney General Gentner Drummond that tribal members in eastern Oklahoma are exempt from state hunting and fishing laws.
In a new court filing, state leaders argue that Oklahoma has enforced its wildlife laws uniformly for more than a century on all fee lands within the state, including land owned, leased, or managed by the state itself. The filing warns that the position advanced by the tribes and supported by Drummond would represent a sharp break from longstanding wildlife enforcement practices without a clear legal basis.
The state’s response points to the U.S. Supreme Court’s decision in Oklahoma v. Castro-Huerta, which reaffirmed that states retain sovereign authority to enforce their laws unless Congress clearly says otherwise. State officials argue that eastern Oklahoma remains part of the state and is not legally separate for purposes of wildlife regulation.
Governor Kevin Stitt said the dispute centers on equal enforcement of state law.
“A foundational American value is that laws are applied equally to everyone, regardless of race,” Stitt said. “The Attorney General is out of line in using his position to push a result that helps his political allies while hurting Oklahoma’s own interests and ignoring decades of responsible conservation.”
The filing directly challenges the argument, echoed in a formal opinion by Drummond, that federal law preempts Oklahoma’s authority to regulate hunting and fishing in eastern Oklahoma. Stitt’s attorneys argue that neither the tribes nor the Attorney General have identified a treaty, federal statute, or binding precedent that strips Oklahoma of jurisdiction, particularly on state-owned or state-managed land.
State leaders also emphasize the role of the Oklahoma Department of Wildlife Conservation in protecting wildlife and maintaining safe outdoor recreation for all Oklahomans.
“For more than 100 years, the State of Oklahoma has worked to protect wildlife and promote safe hunting, fishing, and outdoor recreation,” Stitt said. “Like many sportsmen with tribal heritage, I purchased a lifetime hunting and fishing license to support the mission of the Oklahoma Department of Wildlife Conservation.”
The court challenge follows Drummond’s decision to take control of and dismiss a case involving a tribal member who was cited for hunting on state-owned land without a license. State officials argue that allowing such dismissals to stand would undermine settled law, state sovereignty, and consistent conservation practices.
The federal court will now determine whether the legal theories advanced by the tribes and supported by the Attorney General can override decades of precedent governing state wildlife management.
