USP Deer Lawsuit Moves Forward

[Outdoor Talk Network by Jim Slinsky]
Broadcasted Nationwide on the OTN Radio Network

Notice: All content on this website is copyrighted. Do not copy, reproduce or distribute without permission.
© Copyright 1999-2008 Outdoor Talk Network

USP Deer Lawsuit Moves Forward ©

By Jim Slinsky
06/21/08

On June 16, 2008 the Commonwealth Court of PA made their decision official. It rejected the preliminary objections of the PA Game Commission and granted the Unified Sportsmen of PA their day in court, so to speak. Judge Robert Simpson wrote the majority decision.

We all realize that anytime you go to court, you roll the dice. The old cliché` ‘there are innocent people in jail and guilty people found innocent” is unfortunately true. Ours is the best judicial system in the world, but it is not perfect.

Unified and the PGC have their work cut out for them. The PGC has thirty days to answer the allegations set forth in the Unified complaint. Afterward, Unified must prepare a list of questions, or interrogatories for the PGC to answer. PGC personnel will be asked to provide depositions on camera for the record. There will be cross-examinations of testimony. Ultimately, as the substance of the case unfolds, USP and the PGC will probably end up in court. It is safe to say the entire deer management world is watching. Deer managers in other states are concerned their decisions may be challenged if USP is successful. Hunters are watching nationwide to see if challenging the policies of a state resource agency has the potential for success in their state.

Let us not forget USP sued to stop only the doe seasons on State Game Lands and State Forest Lands. They have asked the court to provide injunctive relief and halt the killing of does on public land, not private land. The PGC has admitted repeatedly that they do not know how many deer we have in the Commonwealth. Yet, they have once again in 2008 issued about 860,000 doe permits with a two-week concurrent buck and doe season. It is Unified’s contention that the resource is literally being destroyed on our public lands. The PGC does not separate public from private land doe tags and many believe that doe tags are being utilized disproportionately on public land. This leads to the age old problem of over-harvest on public land and under-harvest on private land. Most private land hunters are very cautious about how many does they take off their land. They want to be certain enough deer are left to perpetuate the herd for next season. The PGC and DCNR apparently do not utilize the same logic.

While this entire case is unprecedented in our lifetimes, there is a story within the story. Never before have our PGC deer managers been subjected to cross-examination. Our PGC Commissioners never held their feet to the fire to prove their deer management policies were sound. This time there are legal consequences. Making false statement under oath is perjury. Speaking in generalities and guessing at causes and effects will not suffice. The case has the potential of finding the exact people who dreamed up the current deer management plan.

While the legal case plays out, hopefully the Legislative Budget and Finance Committee will find a team to conduct the legislatively mandated deer audit. The court will not need to fully accept USP’s or the PGC’s numbers. A staff of national experts will crunch the numbers and provide those details. This should be very interesting.

When we step back and look at the big picture someone or some entity suing the PGC for their deer management was inevitable. The politics had evolved, or should I say deteriorated to the point that the PGC would not listen to reason and the minds of our PGC Commissioners were completely closed. Our Senators were disinterested in the debate being heavily influenced by the PGC’s Legislative Liaison and special interest groups. Only a segment of our House of Representatives had the integrity and knowledge to realize something was terribly wrong. Thankfully, a large segment of the House has a conscience.

Hopefully, another positive may come out of this legal battle. For decades the PGC has declared they “own the wildlife” of PA. They state hunting is a privilege and as such sportsmen have no right to question their management policies. This is a throwback to the 1930’s when hunters were considered mere Neanderthals in red wool clothing carrying a modern firearm.

Of course, hunters have long-realized times have changed. I believe the PGC is about to come to that realization, as well.

Jim Slinsky is the host and producer of the “Outdoor Talk Network”, a nationally syndicated, outdoor-talk radio program. For a station near you or to contact Jim, visit his website at www.outdoortalknetwork.com.

Return To:Newspapers Columns

OUTDOOR TALK NETWORK
11 Dogwood Drive
Jim Thorpe, PA 18229
Tel. 570-325-5560