Many of you have emailed me requesting the disposition of the Unified Sportsmen of PA’s (USP) deer management lawsuit against the PA Game Commission.  Truthfully, the issue has become quite the buzz around the state.  This year’s dismal deer hunting season has put a sense of urgency into many who previously were only mildly concerned.  I am not a member of USP, but there is no doubt I keep my finger on the pulse of this historic action.

            First, let me say the lawsuit is alive and well.  Oral arguments have been postponed until April, 2006.  This is to the advantage of our sporting class because this year’s harvest numbers will be available as further evidence of the ill-conceived deer reduction program.  USP is merely asking for the scientific numbers to justify this entire program and the freedom to obtain all information that drives management decisions. 

            Recently, I happened to obtain a copy of the Attorney General’s (AG) brief in response to the USP suit.  Needless to say, I am thoroughly confused why the Attorney General is defending the PGC.  This matter is between our sporting class and the supposedly “independent” PGC, so why is the general public of this state absorbing the legal expense of defending the Agency?  I will explore this conflict in a future column, but I think our legislators should take a closer look at this PGC/AG arrangement.

            In any event the AG is requesting dismissal of the suit on three counts.  First, USP doesn’t have the “standing” to file such a suit.  Everyone knew this was going to happen as it is standard procedure in most cases when the public goes after government.  USP should survive this argument with almost 15,000 signatures in support of the suit.

            Secondly, Deputy AG Douglas Sherman declares DCNR Secretary Mike DeBerardinis and Governor Rendell should not be named as parties in the suit.  Although, they may support deer reduction, they are not the controlling parties in the decision making process so they should have not been named.

            And lastly, (and here comes the bombshell) Deputy AG Sherman states the PGC “owns” the deer of PA and their management thereof can not be questioned.  At first this one floored me, but I have come to understand their logic.  Rather than argue numbers, which the PGC doesn’t have and would be easily ripped to shreds in a courtroom, just claim PGC ownership of the resource and sole decision making responsibility.  The brief further concludes that hunting is merely a privilege in PA and not a constitutional right, so USP has no right to question management policies.  Additionally, the brief is asserting the PGC is only responsible to provide an opportunity to hunt, “not to kill”.  Sherman further concludes “That is their (USP) primary mistake”.  Wow!

            I don’t have the space in this column to discuss all of the ramifications put forth if the PGC wants to be the “owner” of our deer herd.  Obviously, they would immediately become responsible for all the damages created by deer.  This “ownership” of the deer would create more problems for the PGC than any USP lawsuit could possibly muster.

            If the PGC “owns” the deer, do they “own” the timber, coal, gas and oil on all of State Game Lands?  Are we going to change the PGC’s status from “stewards” of the resources to “owners” of the resources?  The implications of being declared “owners” and not stewards or “managers” of the resources will certainly hasten their demise.

            I will scan and post the AG’s brief on my website.  Rather than tell you what you should think, I want you to read it and consider what they are saying.  I want you to ponder deeply the meaning of every word.  I want you to think about the lack of a Constitutional Amendment establishing our right to hunt, fish, trap and shoot.  I want you to see how that reality is being used against our sporting class in a simple suit questioning the management direction of the Agency.

            I don’t want you to forget that all revenue supporting the PGC is generated by our sporting class.  And, of course, do not forget how unresponsive and arrogant some of our PGC Commissioners have been for the past five years.  I want you to put it all together in your mind.  And, when you are done, please contact me.

            Let me know in your own words, “Who Owns What”?

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