Unified Sportsmen in major court victory over Game Commission
Last Monday Unified Sportsmen of Pennsylvania achieved a major victory in Commonwealth Court in its ongoing battle with the Pennsylvania Game Commission over the management of the state’s deer herd. On two prior occasions, the Court ruled for the Game Commission and dismissed the Unified Sportsmen’s suits, but this time around the USP won.
The most recent petition alleged that the Game Commission improperly authorized the decimation of Pennsylvania’s deer herd in excess of its natural and sustainable population through the issuance of antlerless deer permits and administration of the Deer Management Assistance Program (DMAP).
The USP’s petition sought an order requiring the Game Commission to collect appropriate “reproductive data” when considering the number and allocation of antlerless deer permits.
The petition also asked that the Court require the Game Commission to put an immediate halt to the taking of antlerless deer on state game land and state forest land, pending collection of the appropriate data.
The Game Commission raised several preliminary objections to the suit, which were rejected by the Court.
The Game Commission is now required to prepare a legal defense of its deer management program.
Unified Sportsmen pointed out that in its responding press release, “The Game Commission stated they look to moving forward and resolving this issue once and for all. However, they erroneously stated that it is unfortunate that valuable license dollar revenue will be wasted defending against this lawsuit. It has been long established that the Attorney General’s office provides all legal services in lawsuits against the PGC. Furthermore, any supporting documentation of the current deer management plan should be at their fingertips as this program is ongoing. There is practically no cost to the PGC in this matter. It is only appropriate that the PGC defend their actions for the last eight years. The Unified Sportsmen of Pennsylvania also looks forward to a speedy, but successful trial for sportsmen, our deer resource and all those who are effected by deer management in Pennsylvania.”
USP’s suit contends, “The Game Commission acted intentionally to destroy and diminish the deer herd, in contravention of law, below the natural and sustainable population level.
“Sportsmen seek declaratory … and injunctive relief to protect and preserve the … deer herd in order to adequately serve the interests of sportsmen to hunt and trap the wildlife resources of our Commonwealth as provided by law.”
The suit alleges that the Game Commission failed to manage the deer herd in accordance with the mandate set forth in Article I, Section 27 of the Pennsylvania Constitution, often referred to as the “Environmental Rights Amendment,” which states:
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
Sportsmen further alleged the Game Commission failed to act in accordance with Sections 322 (a), (c) (11)-(13) of the Game and Wildlife Code (Game Code), pertaining to its powers and duties.
The Code states, “It shall be the duty of the (Game) Commission to protect, propagate, manage and preserve the game or wildlife of this Commonwealth and to enforce, by proper actions and proceedings, the laws of this Commonwealth relating thereto.”
The Game Code also said, “The Commission is to serve the interest of sportsmen by preserving and promoting our special heritage of recreation hunting and furtaking by providing adequate opportunity to hunt and trap the wild resources of this Commonwealth.”
Unified Sportsmen allege by improperly authorizing the killing of too many antlerless deer, the Game Commission did not comply with its statutory duty to “protect, propagate, manage and preserve the game or wildlife of this Commonwealth, and did not provide an adequate opportunity for sportsmen to hunt as required by specific state statutes.”
USP also alleges the Game Commission failed to “collect, classify and preserve such statistics, data and information, as in its judgment will tend to promote the object of this title …” by failing to collect appropriate “reproductive data” for the deer herd.
As a firm believer in deer management, I, too, feel the current deer management program has gone too far and is not in the best interest of the sportsmen of Pennsylvania.
With the “deer wars” on again, all we can do is sit back and wait for the next dispatch from the front.
Herald-Standard Outdoors Editor Rod Schoener can be reached on line at rschoener@heraldstandard.com