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Cherokee Nation says it has filed federal suit over hunting and fishing rights; Rules Committee ratifies litigation
Summary
Attorney General Chad Harshaw told the Rules Committee the Nation, joined by the Chickasaw and Choctaw Nations, has filed in the U.S. District Court for the Northern District of Oklahoma seeking to stop state actions that would cite tribal citizens for hunting or fishing without state licenses; the committee ratified the litigation and requested it be forwarded to Tribal Council.
Attorney General Chad Harshaw told the Cherokee Nation Rules Committee on Dec. 15 that the Nation has filed a federal lawsuit in the U.S. District Court for the Northern District of Oklahoma asserting hunting and fishing rights for tribal citizens.
Harshaw said the filing followed what his office viewed as increased state activity before the opening of hunting season, including published guidance from the Oklahoma Department of Wildlife that directed wildlife agents to issue citations to Indians who lacked state licenses. "We did request injunctive relief that would be a court order directing the wildlife department to not engage in that conduct as against tribal citizens," Harshaw said, adding that the tribe expects further filings from the state and scheduling action by the court.
Harshaw said Cherokee Nation joined the Chickasaw and Choctaw Nations in the suit, and that the case seeks recognition of the Nation's regulatory authority within its reservation boundaries under longstanding treaty and reservation-rights law. He described the litigation as significant and said his office had given notices and anticipated increased attention as the matter proceeded.
Council members asked about legal theory and precedent. Councilwoman Julia Coates asked whether the hunting and fishing claims were related to prior water-rights litigation; Harshaw said there are similarities in how courts treat inherent tribal rights and that McGirt-era decisions could inform outcomes. On whether citations had been issued, Harshaw said his office had seen administrative fines processed by the state but had not identified direct state-court citations against tribal citizens that resulted in prosecutions in state court; he said state cases should be forwarded to tribal authorities when state courts lack jurisdiction.
The Rules Committee recorded a motion ratifying the litigation and, by voice vote with no opposition, approved it and directed the matter to Tribal Council later that evening.
Next steps: the AG’s office said it expects additional filings and scheduling from the federal court, and the committee forwarded the ratification for Tribal Council consideration.
