In Oklahoma, the relationship between the state government and Native American tribes, particularly the Cherokee Nation, has been a complex and evolving one when it comes to hunting and fishing rights. The Cherokee Nation has long maintained treaty-based rights to hunt and fish within its reservation boundaries, which span across 14 counties in northeastern Oklahoma. However, the specific rules and regulations governing these rights have undergone significant changes in recent years.
The Cherokee Nation-Oklahoma Hunting and Fishing Compact
Since 2016, the Cherokee Nation and the State of Oklahoma had been operating under a hunting and fishing compact that allowed the tribe to issue licenses to its citizens at no cost. This agreement, which was the first of its kind, enabled Cherokee Nation citizens to hunt and fish within the reservation boundaries without needing to purchase a separate state license.
Under the terms of the compact, the Cherokee Nation paid the state $2 per license, plus administrative fees, and purchased 150,000 licenses per year. This arrangement generated an estimated $38 million in revenue for Oklahoma over the past five years. The compact was set to expire on December 31, 2021, but had been extended by previous governors, including Kevin Stitt, in 2019 and 2020.
Governor Stitt’s Decision and the Aftermath
In November 2021, however, Oklahoma Lieutenant Governor Matt Pinnell informed tribal leaders that Governor Stitt would not be renewing the hunting and fishing compact with the Cherokee Nation for 2022. The governor’s office stated that this decision was made to ensure that “all Oklahomans receive equal treatment under the law”.
The Choctaw Nation, which had a similar 50,000-license agreement with the state that generated about $6 million in revenue, was also affected by the governor’s decision. The expiration of these compacts at the end of 2021 marked the end of a mutually beneficial partnership that had been praised by previous administrations.
In response to Governor Stitt’s actions, the Cherokee Nation announced that it would be asserting its treaty rights to hunt and fish within the reservation boundaries. Principal Chief Chuck Hoskin Jr. stated that the tribe would be granting permission for its citizens to hunt on reservation lands only, beginning January 1, 2022. The Cherokee Nation also expressed its willingness to continue cooperating with the state, but made it clear that Governor Stitt’s decision to abandon the compacts was a setback in this regard.
The Cherokee Nation Hunting and Fishing Code
In the absence of a compact with the state, the Cherokee Nation relies on its own Hunting and Fishing Code to manage hunting and fishing activities within its reservation. This code, which was enacted in 2006, allows Cherokee Nation citizens to hunt and fish within the tribe’s treaty territory without purchasing state licenses.
The Cherokee Nation Hunting and Fishing Code incorporates many of the current hunting and fishing regulations of the Oklahoma Department of Wildlife Conservation, including season dates, bag limits, and legal means of take. However, it substitutes Cherokee Nation citizenship for the state’s licensing and tagging requirements.
According to the code, Cherokee Nation citizens must carry their tribal citizenship card, also known as a “blue card,” as well as proper photo identification when engaging in hunting and fishing activities. If harvested game needs to be tagged, Cherokee licensees must affix a photocopy of their tribal citizenship card to the carcass.
Enforcement of the Cherokee Nation Hunting and Fishing Code is conducted by the Cherokee Nation Marshal Service and Office of the Attorney General. These entities rigorously enforce the code and corresponding regulations through field citations and the Cherokee Nation court system.
The Future of Hunting and Fishing Compacts
While the expiration of the hunting and fishing compact between the Cherokee Nation and Oklahoma has created some uncertainty, both parties have expressed a willingness to continue working together. Governor Stitt has stated that he is open to negotiating new compacts that allow tribal governments to purchase licenses for their members at the same price as other Oklahoma citizens.
The Cherokee Nation, on the other hand, remains committed to asserting its treaty rights and managing hunting and fishing activities within its reservation in a responsible manner. Principal Chief Hoskin has emphasized the tribe’s desire to cooperate with the state, but has also made it clear that the Cherokee Nation will continue to protect its sovereignty and the interests of its citizens.
As the situation continues to evolve, it will be important for both the state and the Cherokee Nation to engage in open and constructive dialogue to find a mutually beneficial solution. By working together and respecting each other’s rights and responsibilities, it is possible to strike a balance that preserves the cultural and economic significance of hunting and fishing for the Cherokee people while also ensuring the responsible management of natural resources across the state.