Cherokee Nation Chief Bill John Baker and Gov. Mary Fallin (R) signed the agreement on May 29, 2015. Photo from Anadisgoi
It looks like two more Oklahoma tribes are going to enter into hunting and fishing agreements with the state. The Choctaw Nation and the Chickasaw Nation are in negotiations, The Oklahoman reported. If talks prove successful, the tribe would join the Cherokee Nation with a hunting and fishing compact. The Cherokee agreement was the first of its kind in the state. It allows tribal members to hunt and fish for free in all 77 counties in Oklahoma. Some citizens, though, aren't happy with the deal, which requires the tribe to partially reimburse the state for the costs of hunting and fishing tags. They are collecting signatures for a petition that seeks a referendum on the compact, which was signed by Chief Bill John Baker and Gov. Mary Fallin (R) in May. In general, treaties reserve the right for tribes to hunt on their lands free from state interference. But even in the absence of specific language, the 10th Circuit Court of Appeals held that the Cheyenne and Arapaho Tribes can exercise hunting and fishing rights within its former reservation. "We conclude that state hunting and fishing laws do not apply, directly or indirectly, to hunting and fishing by members of the Cheyenne-Arapaho Tribes on land held as Indian allotments and on land held in trust by the United States for the tribes," the court stated. The state did not appeal the decision to the U.S. Supreme Court. A 1982 follow-up from the 10th Circuit clarified that treaty-ceded lands are subject to "dual" tribal and state jurisdiction. Get the Story:
Chickasaws, Choctaws negotiate state hunting and fishing licenses (The Oklahoman 9/19)
Petitioners seek to stop Cherokee hunting-fishing compact with Oklahoma (The Tulsa World 8/11) 10th Circuit Decisions:
Cheyenne-Arapaho Tribes v. Oklahoma (March 25, 1980)
Cheyenne-Arapaho Tribes v. Oklahoma (June 24, 1982)
Related Stories
Bill John Baker: Compact upholds Cherokee Nation treaty rights (6/4)Cherokee Nation signs hunting and fishing compact with state (5/29)
Cherokee Nation to negotiate hunting and fishing agreement (05/06)
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