Do Cherokees Need a Fishing License in Oklahoma in 2024?

In 2024, the Cherokee Nation and the State of Oklahoma have been in a dispute over hunting and fishing licenses. The agreement that allowed the Cherokee Nation to issue free hunting and fishing licenses to its citizens expired at the end of 2023, and Governor Kevin Stitt decided not to renew it.

The Hunting and Fishing Compact Between the Cherokee Nation and Oklahoma

Since 2016, the Cherokee Nation had an agreement with the State of Oklahoma that allowed the tribe to issue hunting and fishing licenses to its citizens at no cost. The tribe paid the state $2 per license, plus administrative fees, and bought 150,000 licenses per year. This agreement generated an estimated $38 million in revenue for Oklahoma over the past five years.

The Choctaw Nation had a similar agreement with the state, signing a 50,000-license compact in 2017 that was extended twice and generated about $6 million for the state. Both the Cherokee and Choctaw Nation compacts were set to expire at the end of 2023.

In November 2023, Lt. Gov. Matt Pinnell informed the tribal leaders that Oklahoma would not renew the compacts and offered “the opportunity to enter Hunting & Fishing Compacts that allow your governments to purchase licenses for your members at the same price that other Oklahoma citizens pay for the same licenses.”

The Dispute Between Governor Stitt and the Tribes

The decision not to renew the hunting and fishing compacts is part of an ongoing dispute between Governor Stitt and the tribal governments in Oklahoma. The tension dates back to 2019 when Stitt sought to renegotiate gaming compacts with the tribes.

In a statement, Stitt’s office cited the reason for not extending the current hunting compacts as “Governor Stitt believes that all Oklahomans should receive equal treatment under the law.” This is one of the same arguments Stitt has used to try to overturn the Supreme Court’s McGirt v. Oklahoma decision, which found that Oklahoma doesn’t have jurisdiction over serious crimes committed on tribal reservations by or against tribal citizens.

Cherokee Nation Principal Chief Chuck Hoskin Jr. and Choctaw Nation Chief Gary Batton said in a joint statement with other tribal leaders that Stitt is undermining all collaboration and not acting in the best interests of all Oklahomans.

The Cherokee Nation’s Response

In response to the expiration of the hunting and fishing compact, the Cherokee Nation announced that it will assert its treaty rights to allow tribal citizens to hunt and fish within the Cherokee Nation reservation boundaries without purchasing state licenses.

Hoskin said the tribe will allow citizens to hunt throughout its northeast Oklahoma reservation, which was reaffirmed after the McGirt ruling. The tribal hunting program will start on January 1, 2024.

“We really look at January 1 as just an opportunity to effectively make a switch from the compact-based jurisdiction to treaty-based jurisdiction through our government,” Hoskin said.

The Cherokee Nation has updated its hunting and fishing laws to incorporate Oklahoma bag limits and season dates for all fish harvested by CN citizens within the reservation boundary. Landowner permission is required to fish on private property.

Enforcement of Hunting and Fishing Laws

Cross-deputized agreements between the Cherokee Nation and the Oklahoma Department of Wildlife Conservation are in place to enforce tribal and state wildlife laws across the reservation. It is possible for Cherokee citizens to receive a citation for fishing without a license.

Non-tribal Oklahoma residents with a valid State of Oklahoma fishing license can still fish in the Cherokee Nation reservation. Citizens of other federally recognized tribes who fish in the Cherokee Nation reservation boundaries are allowed to obtain a permit or license from the Cherokee Nation.

The Future of Hunting and Fishing in Oklahoma

The expiration of the hunting and fishing compacts between the Cherokee and Choctaw Nations and the State of Oklahoma has created uncertainty and tension. The tribes are asserting their treaty rights to allow their citizens to hunt and fish without state licenses, while the state is insisting on equal treatment under the law.

It remains to be seen how this dispute will be resolved. In the meantime, Cherokee Nation citizens can use their tribal identification cards or blue cards as fishing licenses within the Cherokee Nation reservation boundaries, and the tribe is working to ensure responsible and sustainable hunting and fishing practices.