MANAGEMENT SERIES, NO. 19:
OF STATE LAW
Title 34, Section 322(c)(13) of the Game and Wildlife Code
lists the specific duties of the commission:
"(c) In order to administrate and enforce this
title, the commission through proper action shall: (13)
Serve the interest of sportsmen by preserving and
promoting our special heritage of recreational hunting and
furtaking by providing adequate opportunity to hunt and
trap the wildlife resources of this Commonwealth."
amendment to Title 34 was enacted in 1996 to assure that the
Pennsylvania Game Commission's game management policy would
always "serve the interests of sportsmen
for recreational hunting". However, within
four years PGC had violated this state law, and the agency
remains in gross and deliberate violation of this Title 34
directive. PGC has ignored its legislative duty, and deliberately
manipulated the wording of Section 322(c)(13) in order to
deceive readers with the false impression that the deer-reduction
program is operating in compliance with state law and the
chartered mission of the agency. It is not! Three manipulations
were included on the first page of PGC's 2009-2018 deer-management
plan that was authored by the Commission's three deer biologists
(Christopher Rosenberry, Bret Wallingford, and Jeannine Fleegle),
and that was supervised, reviewed, and approved by Calvin
DuBrock and Carl Roe.
Manipulation. The deer team listed PGC's deer-management
mission as follows: "Balancing white-tailed
deer impacts is the fundamental issue affecting a majority
of Pennsylvania's deer management decisions."
No, it is not! PGC's legislated mission is to "serve
the interest of sportsmen for recreational hunting".
It is not within the job description of the staff to arbitrarily
rewrite PGC's mission at their discretion in order to achieve
a personal agenda—the deer-reduction mission of Chesapeake
Manipulation. The deer team lists the Title 34, Section
322 mission as follows: "...to manage wildlife
populations and to preserve and promote our special heritage
of hunting and trapping by providing adequate opportunity
to hunt and trap the wildlife resources of this Commonwealth."
This is not, however, the Section 322 quoted directive (see
the first paragraph). At their personal discretion the deer
team removed the State Law directive to "serve
the interest of sportsmen for recreational hunting"
and replaced it with the phrase "to manage
wildlife populations". In so doing, these
state employees ignored PGC's chartered mission and state
law in order to advance their personal agenda to promote biodiversity
at the expense of deer and sportsmen, and attempted to deceive
sportsmen, legislators, the governor, and the agency's own
board of commissioners into believing that their deer-reduction
program was a legal action.
Manipulation. Article 1, Section 27 of the Pennsylvania
Constitution states: "Pennsylvania's public
natural resources are the common property of all the people,
including generations yet to come. As trustee of the resources,
the Commonwealth shall conserve and maintain them for the
benefit of all the people." This "environmental
rights" section was ratified in 1971 to guarantee that
public natural resources are not owned by the State, but are
entrusted to the State by the people to be wisely managed
for everyone. From Section 27, PGC has created a mission statement
"to manage all wild birds, mammals, and their habitats
for current and future generations". Unfortunately,
the deer team manipulated the original intent of the Constitution
in order to mislead readers into believing that deer reduction
is justified, and even directed by the Constitution. A summary
review of Section 27 indicated that "people often read
this strong language as creating a constitutional right to
halt natural resources actions and development. However, Pennsylvania
courts are extremely reluctant to recognize such claims."
Nevertheless, this is exactly what PGC along with forestry
and environmental special interests have attempted—and accomplished.
PGC's deer-reduction program is a gross and deliberate violation
of Pennsylvania State Law.