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Oklahoma tribes are disputing the conservation department’s demand that tribal members must have a state hunting and fishing license. (Photo by William T. Smith)

Oklahoma tribal members are challenging state hunting laws over treaty rights.

According to KXII 12, Oklahoma Department of Wildlife Conservation (ODWC) recently released a statement saying that all hunters, including tribal members, must have a state hunting and fishing license, even on reservation land.

For years, Oklahoma tribal members have hunted and fished on tribal land using their tribal membership card as a license.

The enforcement would require tribal members to purchase state hunting and fishing licenses, even if they are hunting on a reservation.

The ODWC announced it will enforce the law equally and will start issuing citations and conducting confiscations. Tribal leaders say this goes against their sovereignty and long-standing agreements.

“This letter is definitely stepping on our toes,” Gary Batton, Chief of the Choctaw Nation, said. “It affects our tribal members, it’s our inherent right and has been since the beginning of time, and we’re going to defend it all that we can.”

Sena Yesslith, Principal Chief of the Seminole Nation of Oklahoma, said attacking that sovereign right is “detrimental to our people.”

Chickasaw Nation Governor Bill Anoatubby said the nation’s licensing rules —and the ‘Five Tribes Wildlife Management Agreement’ allowing tribal members to hunt and fish across each tribe’s lands — are well within the rights of each nation.

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“We have the right to exercise control and authority over this territory when it comes to hunting and fishing,” he said.

But ODWC claims that, under the current law, tribal sovereignty only applies to criminal matters, not questions of licensing.

According to News 6, ODWC Spokesman Micah Holmes said the last agreement between the tribes and the state concerning the sharing revenue and simplifying licenses statewide for tribal and non-tribal citizens alike, expired in 2021. Holmes said there has been some uncertainty about the enforcement of state laws since then, but decisions on two unrelated court cases have settled the matter.

"This new direction from the court has made it a lot easier to understand, and we can enforce the laws more consistently and based solely on what people are doing and where they're at, and not an individual's background or tribal affiliation," said Holmes.

Both the Muscogee and Cherokee Nations are telling tribal citizens who are cited by Oklahoma Game Wardens to call for legal assistance.

The original statement from ODWC reads as follows:

“The Oklahoma Department of Wildlife Conservation (ODWC) reminds all hunters and anglers that state fish and wildlife laws apply to everyone in Oklahoma regardless of race, heritage, or background.

ODWC game wardens will continue to enforce the law and will issue citations to anyone in violation of the state’s fish and game laws, regardless of tribal citizenship. Our responsibility is to ensure consistent wildlife management and fair application of the law to protect Oklahoma’s natural resources for all citizens.

The Stroble v. Oklahoma Tax Commission case, which was decided July 1, 2025, by the Supreme Court of the State of Oklahoma, has provided clear legal confirmation that McGirt is limited to prosecuting crimes under the federal Major Crimes Act only.

Wildlife conservation depends on fairness and accountability, and we will continue to do our duty to enforce the law uniformly for all Oklahomans. Every license dollar funds the conservation programs that benefit hunters, anglers, and wildlife alike, so it is critical that every user contributes to this funding model that has made Oklahoma a top ten hunting and fishing destination. The Wildlife Department remains committed to protecting Oklahoma’s fish and wildlife resources for all citizens to enjoy."