Tribal Nations Sign Historic Reciprocal Agreement

By Isaac White

The Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee Nation, have signed a significant agreement to enhance the exercise of their sovereign rights. The Seminole Tribe is expected to be a signatory to the deal soon. The Five Tribe Wildlife Management Reciprocity Agreement allows tribal members to use their tribal membership to hunt and fish within the participating tribes’ treaty territories. This decision affirms and exercises the inherent sovereignty of these tribal nations, showing a unified approach to managing their natural resources and upholding their inherent rights.

The announcement of the Five Tribe Wildlife Management Reciprocity Agreement was made at the July quarterly meeting of the Inter-Tribal Council of the Five Civilized Tribes, held at the Hard Rock Hotel & Casino Tulsa. This agreement allows hunting and fishing licenses issued by each tribe to be recognized by the other tribes on their respective lands. Most tribes allow tribal membership cards to serve as credentials or licenses for these activities.

“Hunting and fishing are inherent treaty rights among our five tribal nations and have been vital to food security for generations of Cherokees,” said Cherokee Nation Principal Chief Chuck Hoskin Jr. “As Cherokees, we can use tribal citizenship photo IDs to hunt and fish on our 7,000-square-mile reservation. For the past two years, this has proven to be a highly successful initiative for both the tribe and our outdoor sportsmen. This new Five Tribes agreement makes hunting and fishing in eastern Oklahoma more sustainable, and more diverse for all our citizens. The adoption of uniform codes by all tribal governments involved is a significant accomplishment and demonstrates the strength of our collective sovereignty.”

Oklahoma residents with valid state-issued hunting and fishing licenses are also eligible to hunt and fish within these tribal treaty territories, provided they follow all applicable laws. Hunting and fishing licenses for tribal members and citizens have been available since October 2022.

This agreement enables the Five Tribes to collaborate on wildlife management within their territories, enhancing their ability to manage natural resources sustainably. Under the agreement, hunting and fishing activities by tribal members and citizens will be subject to the laws of the tribe in whose nation the activity occurs. Individuals must secure permissions to access land others own for hunting and fishing, though each tribe will manage programs to provide access to tribally owned areas.

By recognizing each other’s hunting and fishing licenses, the Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee Nation, and Seminole Nation are asserting their right to govern their lands and resources independently of state control. This collaboration not only strengthens each tribe’s self-determination but also showcases their collective ability to manage wildlife resources effectively.

The agreement reflects the tribes’ commitment to sustainable management of their natural resources. Tribal citizens are responsible for knowing and adhering to the laws of the land where they engage in hunting and fishing activities. Additionally, each tribe will collect and report harvest data annually to better regulate and manage wildlife populations. This unified approach reinforces the tribes’ sovereign rights and dedication to preserving their lands and resources for future generations.

Not everyone has welcomed the Five Tribe Wildlife Management Reciprocity Agreement. The Oklahoma Department of Wildlife Conservation (ODWC) has expressed concerns, emphasizing that federal and state laws must still be followed, regardless of tribal agreements. In their statement, the ODWC highlighted that all hunters and fishers, including tribal members, must possess a state-issued license to comply with state regulations.

The agency expressed its displeasure on the ODWC website: “The press statement released by the Inter-Tribal Council of the Five Civilized Tribes concerning the Five Tribe Wildlife Management Reciprocity Agreement reflected very questionable statements of the law without any consultation with state partners. Regardless of where you live or where you hunt or fish within Oklahoma’s borders, you must comply with federal and state law.”

This stance has introduced a potential conflict, particularly considering the 2020 McGirt v. Oklahoma Supreme Court decision, which determined that much of eastern Oklahoma remains Native territory. This ruling complicated the landscape, as tribal sovereignty over these lands was reaffirmed. Consequently, enforcing state laws on these lands has become more complex, especially when tribal members possess licenses issued by their respective tribes rather than the state.

Governor Kevin Stitt’s refusal to renew the state-tribal hunting and fishing compacts in 2021 further intensified the situation. These compacts, which facilitated cooperation between the state and the tribes, are no longer in place, leading to increased jurisdictional confusion.

Despite these challenges, the tribes remain committed to working with state and federal partners to advance wildlife conservation and effectively enforce hunting and fishing laws. Cooperation across these entities is crucial for addressing violations such as hunting out of season, trespassing, and exceeding harvest limits, ensuring sustainable wildlife management practices continue.

The Five Tribe Wildlife Management Reciprocity Agreement represents a pivotal moment for tribal sovereignty and wildlife management. By collaborating on this agreement, the Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee Nation, and Seminole Nation have set a precedent for self-governance and intertribal cooperation. This unified approach allows the tribes to manage their natural resources more effectively and sustainably, ensuring that future generations can continue to benefit from these lands.

“Since time immemorial, our people have been the original environmentalists, looking to the land for sustenance and abundant life,” said Muscogee Nation Principal Chief David Hill. “I’m proud of this new agreement with the Five Tribes, as it not only shows a strengthening of our sovereign rights to hunt and fish on these lands, but gives us greater autonomy over the care and preservation of them for generations that follow. It’s a special gift to our citizens, many of them outdoorsmen, who have dreamed of a day that they could register their harvests under the flag and authority of their own Nation. That day is now, and we couldn’t be happier.”

The pact also highlights the potential for future collaborations among tribal nations and between tribes and state or federal entities. While challenges remain, particularly with state authorities like the Oklahoma Department of Wildlife Conservation, the commitment to working together for the common good of wildlife conservation is clear. The tribes’ ability to report and share harvest data annually will aid in the effective regulation of wildlife populations, benefiting both tribal and non-tribal communities.

“Before recorded history, Chickasaw people engaged in sustainable management of natural resources and wildlife, as did our First American neighbors, as a means to sustain our families throughout the seasons,” Chickasaw Nation Governor Bill Anoatubby said. “Just as we now work to preserve our history and culture, we are also stewards of our natural resources and wildlife. For this reason, we are pleased to commit to the careful management of fish and wildlife by partnering with the Inter-Tribal Council for this agreement. This will enhance our efforts to effectively manage our wildlife conservation efforts, in accordance with all applicable laws, as it expands opportunities for sportsmen throughout the participating tribal territories.”

Moreover, this agreement may serve as a model for other regions where tribal sovereignty and state laws intersect. It underscores the importance of respecting tribal rights and finding cooperative solutions to jurisdictional challenges. As the tribes continue to navigate these complexities, their efforts will likely lead to stronger, more resilient governance structures that honor their traditions and rights.

The long-term implications of this agreement extend beyond wildlife management. It signals a broader employment of tribal sovereignty and self-determination, challenging historical injustices and setting the stage for more equitable relations between tribal nations and state governments.