Friday, January 16, 2015

PGC Considers Use Ban-Part II

The Future In Pennsylvania If Proposed Use Regulations Are Approved

First off I wish to thank Donna and Woody Meristem for their comments on yesterday's post.

Donna said, "Those who want to have their opinions heard can send comments to to be shared with the board. However, do it quickly, as they meet on January 25. This would really affect photographers, bird watchers, hikers, and all nature lovers. Offer to pay for a non-hunting use permit, etc. Losing access to State Game Lands for nearly half the year would hurt many of us".

Woody Meristem's said, "A user fee to contribute to the management and acquisition of State Game Lands would be very appropriate. But to close SGLs to everyone but hunters and trappers for almost half the year is something else entirely".

"If the PGC wants to turn a horde of non-hunters into anti-hunters and as a bonus get a lot of additional land posted against hunting this is the way to do it. It's hard to think of a better way to get bad PR for the agency, but I'm sure they could come up with some if they tried".

I think both comments are right on the money.  Not only that but concerned citizens should make their thoughts known to their state senator and representative and the governor's office as well.
Remember this is the e-mail address to comment directly to the Pennsylvania Game Commission.

Also I want to point out that Woody Meristem writes an excellent Blog, "In Forest and Field". He addresses conservation funding issues  In his November 30th article, "It's Time For A Change",    by pointing out that,"wildlife is a public resource that belongs to all the citizens of Pennsylvania whether they are hunters, non-hunters or anti-hunters".  I highly recommend that you check his blog out and be sure to read this timely and extremely important  post.

I submitted a comment today to the Pennsylvania Game Commission which is posted  in its' entirety below:

My Comment

I am writing to comment on the proposed rule changes to Code §§ 135.41 and the new Chapter 147, Subchapter AA.
I am commenting both from the standpoint of a private citizen and the perspective of a retired Game Lands Maintenance Supervisor, and DWCO. I have no problem with either buying a hunting license or paying a use fee of commensurate cost for the privilege of using State Game Lands. I do find it very distressing that the Commission would consider banning the presence of those not engaged in hunting from the game lands during the periods that the proposed regulation states.

From a law enforcement perspective it seems the thing would be a nightmare unless very specific definitions of unlawful behavior were formulated. Most objectionable is the "Hike on foot" part . Does the Commission seriously plan to make it illegal for one to walk on any game lands during the times in question unless they are hunting or trapping? If a properly licensed hunter fills their deer tag/tags will they still be allowed to enter game lands unless they are actively assisting someone in hunting? There is a lot that is not spelled out here--what if one is properly licensed, but hunts only in rifle deer season--will they be permitted to scout before season without being actively involved in hunting another species? If they have a valid hunting license, will they be arrested if they carry a camera and tripod instead of a hunting weapon?
While the game lands may have been mostly bought with hunting license dollars a lot has been contributed by groups such as the Richard King Mellon Foundation, Western Pennsylvania Conservancy, and The Rocky Mountain Elk foundation so it is not all a one-way street. In addition it receives a very favorable deal on taxation of property with payment in lieu of taxes that if I understand correctly is generally less than tax rates on similar types of property. In addition hunters have the use of DCNR lands which are not paid for or maintained by hunting license dollars, yet it appears we want to repay this by severely restricting the ability of the general public to access game lands.

Has anyone stopped to consider the potential this has to damage the image of the Commission in the eyes of the general public?

I thank you for your consideration and for the opportunity to comment. I hope the Pennsylvania Game Commission will not follow the rash, draconian course of action that the proposal seems to set forth, but rather work together will all groups concerned for the benefit of wildlife and wild lands.

Willard C. Hill

Originally published at Pennsylvania Wildlife Photographer by Willard Hill.

Thursday, January 15, 2015

PGC Considers Banning Non-consumptive Users During Hunting Seasons

PGC To Consider Banning Foot Access During Hunting Seasons
The agenda for the January meeting of the Pennsylvania Game Commission is now available and it contains some disturbing news for non-consumptive users of state game lands.  I firmly support non-consumptive users contributing to the upkeep of the game lands by being required to have either a hunting license or a use permit of equivalent cost, but if this goes through as proposed everyone but hunters and trappers actually engaged in lawfully hunting will be banned from the game lands from the last Saturday in September until the third Saturday in January and from the second Saturday in April until the last Saturday in May (Memorial Day inclusive), except on Sundays or while lawfully engaged in hunting, trapping or fishing.

This differs from the agenda for the September meeting of the PGC in that foot travel was not listed as a activity to be regulated as best as I can tell.
Here is the proposed rule as published.  To read it on the PGC Website click Here. and then click on agenda which will give you the option to download the pdf document on the entire agenda for the January meeting.

A. Amend 58 Pa. Code §§ 135.41 and create Chapter 147, Subchapter AA.
Commentary: At the Board of Commissioners meeting conducted on June 10, 2014, the Bureau of Wildlife Habitat Management was directed to study the feasibility of the Game Commission enacting a permit requirement for all game lands secondary users who are not currently in possession of a valid hunting or furtaking license. At the Commissioner’s Working Group Meeting on August 11, 2014, a briefing and recommendation was presented by the Bureau of Wildlife Habitat Management to require the permit for those individuals that were utilizing designated trails on State Game Lands for the purpose of bicycling, horseback riding and snowmobiling. At the Commission Meeting on September 23, the proposed rulemaking was tabled to allow for additional input from Commission Staff. Based on those staff discussions and the public comments received and in order to manage the game lands for its intended uses, the following proposed rulemaking is being offered for Board consideration. This proposal allows the agency to disseminate information to the secondary users of game lands that do not purchase a hunting or furtaking license (and therefore do not receive the annual hunting and trapping digest) and to collect information from these individuals to further protect and enhance the primary purposes of hunting, trapping, and wildlife management on game lands.
§ 135.41. State game lands.
* * * * *
(c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * *
(5) [Ride] Hike on foot or ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and [before 1p.m.] from the second Saturday in April through [the last Saturday in May] Memorial Day inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.
* * * * *
(23) Ride on designated bike trails, snowmobile trails or horse trails or hike on foot on any lands or waters designated as State game lands, unless the person is in possession of a valid hunting or furtaker license or a valid SGL permit signed by its holder. This provision shall not be construed to apply to: (i) Persons 15 years of age or younger or up to one person accompanying another person in possession of a valid Pennsylvania hunting or furtaking license or a Commission-issued trail permit.
(ii) Persons using the Appalachian Trail, Laurel Highlands Trail, Horse-Shoe Trail, rails-to-trails or other trails on State game lands under current written agreement or other formal legal authorization permitting such use.
§ 147.1021. Purpose and scope.
This subchapter provides for trail permits to be issued to eligible persons to authorize their holders to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.
§ 147.1022. Eligibility and application.
(a) Trail permits will only be issued to persons 16 years of age or older who do not possess a valid Pennsylvania hunting or furtaker license.
(b) Applications for trail permits issued under this subchapter shall be made on a form provided by the Commission.
(c) Applications must include the name and contact information of the permit applicant.
(d) There is no fee for a trail permit.
§ 147.1023. Trail permit.
(a) A trail permit issued under this subchapter authorizes the permittee to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.
(b) Permittees shall utilize designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands in a manner consistent with applicable requirements, conditions and restrictions provided for in the act and §§ 135.2 and
135.41 (relating to unlawful actions and State game lands).
§ 147.687. Sunset clause.
The provisions of this subchapter shall become effective July 1, 2015 and shall expire and be rendered void on June 30, 2018, unless the Commission further authorizes their legal effectiveness prior to this termination date.

Originally published at Pennsylvania Wildlife Photographer by Willard Hill.