Unified Loses Case Case w/ PGC

[bluetick]

GC Press Release:

Release #020-11



GAME COMMISSION HAILS LATEST COMMONWEALTH COURT RULING DISMISSING CHALLENGE TO DEER MANAGEMENT CASE

HARRISBURG – A Commonwealth Court ruling, handed down Feb. 8, has dismissed the Unified Sportsmen of Pennsylvania’s legal challenge to the Pennsylvania Game Commission’s deer management program, according to Carl G. Roe, agency executive director.

This decision was the second ruling against Unified Sportsmen of Pennsylvania since 2007, when Commonwealth Court dismissed the organizations lawsuit on procedural grounds.

Roe noted that, in its latest ruling, Commonwealth Court dismissed the lawsuit on the grounds that Unified failed to present evidence to support its case. As part of the ruling, the Court also cancelled the scheduled hearing that had been set for Feb. 28.

“This court ruling is a strong statement that the Game Commission’s deer management program is being conducted in a sound and scientific manner,” Roe said. “In essence, Commonwealth Court’s latest ruling dismissed the challenge because it lacked merit.

“Our hope is that this second ruling will cease the unnecessary expenditure of sportsmen’s dollars and tax dollars fighting frivolous and baseless lawsuits.”

Roe noted that, since 2000, the Game Commission has worked to implement a deer management program that takes into account the concerns of all Pennsylvanians, and the agency has been consistent and open in its approach.

“The deer management plan, which is available on our website, was developed with public input to improve the health of the state’s deer herd; to encourage healthy habitat, which deer and all other wildlife depend on; and to reduce deer-human conflicts,” Roe said. “We believe this deer management program will improve the health of our deer herd and the habitat that supports it and other wildlife.


“From 2000 until 2005, we sought to reduce deer numbers in all Wildlife Management Units. From 2006 until today, except for our most urbanized WMUs – 2B, 5C and 5D – the goal for each of the other 19 WMUs has been to stabilize deer population trends or allow an increase in the deer population trends where habitat and deer reproductive data support such increases.”

For more information about the Game Commission’s deer management program, visit the agency’s website (www.pgc.state.pa.us) and click on the “White-Tailed Deer” icon in the center of the homepage.



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http://www.portal.state.pa.us/portal...e__020_11.html

[bluetick]

Article:


A lawsuit brought by a sportsman's group against the Pennsylvania Game Commission over controlling the state's deer herd has been dismissed by a Pennsylvania Commonwealth Court judge.

But Senior Judge Barry F. Feudale found Unified Sportsmen's position "is merely a disagreement with the Commission's method in managing the deer herd."

He wrote that Unified Sportsmen "offered nothing to suggest the Commission based its Management Plan on fraud or bad faith or that the Commission's actions constitute capricious action or an abuse of discretion."

Feudale said the group also failed to prove the Game Commission has reduced the deer population to below sustainable levels.

Feudale also found that the agency offers adequate opportunities for public input.

Still, he suggested the agency might want to look at arguably more efficient ways of estimating deer counts and harvest rates and communicating them to the public.




Mohr, however, promised the fight was not over.

"We'll just regroup. I'm sure there is an appeal process available to us. If not, we'll start over.

"We have a governor in there now who professes to look out for small businesses and look out for the economy. We had legislative support for what we were doing. It just didn't come out publicly.

"I'd say you are going to see changes made, whether the courts mandate them or the legislature mandates them or the governor mandates them.

"The Pennsylvania Game Commission just dodged the bullet. There's going to be multiple ammo thrown at something like this."

[BRIANT]

Bluetick, thanks for the info. You are always on top of the game commission news, do you have any affiliation with the PGC?

[bluetick]

Nope. Just sign up for press releases on the GC site. They show up in the email as they happen.

News articles - just Google it.