Court Dismisses USP Suit

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deerfly
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2011/02/09 16:49:08 (permalink)

Court Dismisses USP Suit



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.”

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    Dr. Trout
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    RE: Court Dismisses USP Suit 2011/02/12 23:57:11 (permalink)
    Received this this evening..

    Mind posting this for a bit more depth:


    The heart of Unified Sportsmen's case is the assertion that the Game Commission is killing too many deer, in violation of its charge to protect game in the state for Pennsylvanians and sportsmen.


    The group alleges that the Game Commission intentionally acted to destroy and diminish Pennsylvania's deer herd below natural and sustainable population levels.
    One of Unified's witnesses, outdoors radio talk show host and outdoors writer Jim Slinsky, said the commission was in "annihilation mode."


    The agency did this, Unified Sportsmen charged, by failing to collect scientifically reliable reproductive data, thus misjudging how many deer there were. The agency then issued too many permits allowing female deer to be killed, according to the lawsuit.


    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.


    Read more: http://articles.lancasteronline.com/local/4/349805#ixzz1Dc0Ww9bj
    post edited by Dr. Trout - 2011/02/13 00:01:43
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    deerfly
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    RE: Court Dismisses USP Suit 2011/02/13 08:15:17 (permalink)
    The group alleges that the Game Commission intentionally acted to destroy and diminish Pennsylvania's deer herd below natural and sustainable population levels.
    One of Unified's witnesses, outdoors radio talk show host and outdoors writer Jim Slinsky, said the commission was in "annihilation mode."


    By claiming that the PGC acted to destroy and diminish the herd below natural and sustainable levels, the USP lost all credibility with the court When hunters are still harvesting over 300K deer/year it is impossible to support the claim that the herd has been reduced below sustainable levels. Also, claiming that the herd is below the natural levels is a meaningless claim, since natural levels would only be attained in a herd where no hunting was allowed and the herd was controlled by predators and natural mortality.

    A group maybe be able to use claims like that to increase membership, but when you are presenting a case in court, you have be be able to support your position with facts in order to prove your case.
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    bingsbaits
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    RE: Court Dismisses USP Suit 2011/02/13 08:19:40 (permalink)
    Nothing but a waste of sportsman's dollars on both sides...

    "There is a pleasure in Angling that no one knows but the Angler himself". WB
     
     


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    deerfly
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    RE: Court Dismisses USP Suit 2011/02/13 08:41:27 (permalink)
    If it wasn't for the efforts of the USP and the ACSL , you wouldn't be seeing the changes in the DMP that are currently occurring. There are no other organizations representing the interests of the deer hunters in PA.
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    RSB
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    RE: Court Dismisses USP Suit 2011/02/13 10:02:55 (permalink)
    ORIGINAL: deerfly

    If it wasn't for the efforts of the USP and the ACSL , you wouldn't be seeing the changes in the DMP that are currently occurring. There are no other organizations representing the interests of the deer hunters in PA.

     
    I don’t think that is true at all. The Board of Commissioners have always been able to make decisions on management without influence from the USP, especially when the courts have already ruled that the USP opinions concerning the state’s deer management had no merit.
     
    I have some additional bad news for you, too. The USP and ACSL are not representing the interests of the state’s deer hunters. They are only representing the misguided agenda and interests of a very small number of the state’s hunters.
     
    Perhaps it is time the real sportsmen of this state get together and file a suit against the USP for false representation of the State’s Sportsmen. That might not be an unrealistic event for the future from some of the things I am starting to hear, and maybe it is time for that to happen.
     
    R.S. Bodenhorn
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    S-10
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    RE: Court Dismisses USP Suit 2011/02/13 10:35:57 (permalink)
    They are only representing the misguided agenda and interests of a very small number of the state’s hunters.

    Well-- if you ignore the 200,000 hunters that have quit since 2000, ignore most of the surveys and opinion polls since 2005, ignore the recommendations of all the CAC's on der numbers, ignore the WMI audit that discussed the poor relationship the PGC has with the hunters, ignore the fact the herd is decreasing even as the PGC claims it is stable, ignore that the BOC has discussed the hundreds of letters and e-mails against what is happening, and ignore the fact that folks like you have to cruise these forums telling us how good we have it then I suppose you could make that claim as long as you keep your blinders on and ear plugs in.
    I don't even know what possessed you to make a claim like that just when things were starting to settle down a bit on this board. What did you do, borrow Spoons stirring stick.
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    deerfly
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    RE: Court Dismisses USP Suit 2011/02/13 10:59:09 (permalink)
    Perhaps it is time the real sportsmen of this state get together and file a suit against the USP for false representation of the State’s Sportsmen. That might not be an unrealistic event for the future from some of the things I am starting to hear, and maybe it is time for that to happen


    A suit based on that claim would have even less merit in a court than the USP's suit. The USP only represents it's members and sometimes it doesn't even do a good job of doing that.. The USP never claimed to represent all hunters in the state because they realize that quite a few hunters still are uninformed and believe the PGC propaganda.
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