Hanes v. State

OPINION

LANE, J.

¶ 1 This case presents an issue of first impression: may the State of Oklahoma enforce its fishing regulations against a Cherokee Indian fishing at the water’s edge on the *332west bank of the Neosho or Grand River1 at the city park in Miami, Oklahoma? To answer this question, we address two issues on appeal: 1) whether the riverbed of the Neo-sho or Grand River at the city park in Miami, Oklahoma is within Indian country, and 2) whether the State may enforce its protective fishing regulations against a Cherokee Indian fishing outside Indian country. We hold the site in question is…