HOUSE GAME AND FISHERIES COMMITTEE

Public hearing to hear annual report from PA Game Commission

2-1-05

By Kimberly Hess, PLS

The Committee held a public hearing for the PA Game Commission to present its Annual Report to the Committee. Members in attendance included: Chairman Bruce Smith (R-York), Democratic Chairman Ed Staback (D-Lackawanna), and Representatives Teresa Forcier (R-Crawford), Gordon Denlinger (R-Lancaster), Martin Causer (R-McKean), Dan Surra (D-Elk), Mark McNaughton (R-Dauphin), Matt Good (R-Erie), Marc Gergely (D-Allegheny), Gary Haluska (D-Cambria), Tina Pickett (R-Bradford), Keith Gillespie (R-York), Mark Keller (R-Perry), Curt Sonney (R-Erie), Paul Costa (D-Allegheny), Neal Goodman (D-Schuylkill), James Shaner (D-Fayette), Harry Readshaw (D-Allegheny), Chris Sainato (D-Lawrence), Sheila Miller (R-Berks), Rod Wilt (R-Mercer) and Mike McGeehan (D-Philadelphia).

Vern Ross, Executive Director of the Commission, opened the presentation with an overview of the accomplishments of the Commission in recent years. He stated that, "in the past five years, the Game Commission has made it a high priority to implement programs to enhance recruitment and retention so that we can keep our hunting and trapping heritage alive and well in Pennsylvania." Among the achievements of the Commission, he noted that hunting in PA has been expanded to include bobcat, muzzleloader, elk, crossbow, and bear seasons. Ross also stated that additional hunting opportunities have been extended to youth hunters including a youth pheasant and squirrel hunts and special gobbler and antlerless deer seasons. "The expanded opportunities have made Pennsylvania one of the few states in the nation that is experiencing a gain in our youth hunters," Ross stated, adding that in "the past couple of years we've seen a gain of two percent or more every year."

Ross also remarked on the strained relationship between sportsmen and the Commission in regards to deer season. He stated that he is committed to improving that relationship. Ross then noted that Chairman Smith has promised to hold a hearing focusing solely on that issue; therefore it would not be discussed in detail today. He also commented that in the upcoming hearing, the Commission hopes to have data available on where deer were and were not harvested, the ages of the deer that were harvested, and herd trends in PA.

Carl Roe, Director of the Bureau of Administrative Services, then briefly spoke on the Commission's strategic plan. He stated that the plan includes both outcome and output measures for each of the strategic objectives and these measurements are being examined and refined to insure that they lead to a sound conclusion on how well the objectives were achieved in the strategic plan. Roe explained that several major programs in the strategic plan have not been achieved due to a lack of resources, including the Point-of-Sale License System, Acres for Wildlife, which is a private lands habitat initiative, and several wildlife research projects. This lack of resources, he stated, has put pressure on other programs, especially as the new labor contract includes a 13.25% increase in pay and benefits over three years. Roe explained that, "since we have held the budget to zero growth and revenues have been constant, any increased personnel costs have to come out of operational programs as the Game Fund can no longer be drawn down at its current rate. Consequently, there will continue to be a decrease in services and increased limits on the agency's ability to achieve the programs in the Strategic Plan and what the public is accustomed to receiving."

Dot Derr, Budget Analyst, outlined the financial outlook of the Commission. She explained that budget shortfalls in recent years forced the Commission to draw from the Game Fund. Due to these shortfalls, the Commission was conservative in its revenue estimates this year, and has already received over 75 % of the estimated revenues. Derr stated that she is confident that the revenue projection for this fiscal year will be met, noting that expenditures and projections continue to be closely monitored through monthly reports, and cost saving measures continue to be explored and implemented where possible.

Michael Schmit, Deputy Executive Director, discussed law enforcement accountability, noting that the Commission has in place a process whereby citizens can register a formal complaint against an agency representative. Once a complaint is logged in the system, he explained, it is investigated in a timely basis and the complainant and employee are notified of the finding. Schmit remarked that, "given the fact Game Commission employees encounter and interact with hundreds of thousands of citizens annually, and with many tens of thousands of those interactions being of a law enforcement nature" only 20 formal complaints were lodged against agency personnel in 2004.

Lastly, Scott Klinger, Bureau of Land Management Director, spoke about habitat planning. He stated that habitat planning on multiple scales would be necessary to ensure wildlife habitats are maintained for future generations, adding that the Bureau will be reorganized to place a greater emphasis on habitat planning in the years ahead. He noted that the Bureau is working with the Department of Conservation and Natural Resources' Bureau of Forestry to develop a Forest Inventory Team, which will provide information and data on the condition of our forestlands. Additionally, Klinger explained, the Bureau needs to do a better job working with private landowners, noting that nearly 90% of all Forest Stewardship landowners entered the program because they were interested in wildlife. To date, he stated, 128,000 acres of wildlife habitat plans have been written, food and cover crews coordinated the planting of 88,000 acres of wildlife habitat, and six biologists have been hired to work with private landowners on species of special concern.

Chairman Smith opened the questioning by noting that the Commission will be holding a hearing specifically on the deer issues, and requested that the members refrain from asking questions today on that topic. He also informed the members that they would be tightly held to a one question rule, due to time restraints. Chairman Smith then asked about the level of the Game Fund, noting that historically it has approximately $12 million in it. Kerr replied that as of yesterday, January 31st, the fund had a balance of $18.8 million and is projected to receive another $16.5 million by the end of the year. Total expenditures for the year are approximately $30 million, leaving the fund with a balance of only $9 million by year end. Roe added that the Commission is facing the prospect of cutting programs and instituting a hiring freeze due to the low level of the fund. Chairman Smith remarked that he would not be reintroducing his legislation from last session that would have increased the antlerless deer license fee. He noted that the timing is not good due to the issues associated with deer season this year.

Democratic Chair Staback commented that the population of coyotes in Northeast PA is growing and many constituents have expressed concern about the safety of their children and pets. He noted that in the past the Commission expressed willingness to look into this issue and asked what is being done. Ross replied that six regional biologists will be hired by the end of March to study the issue. Calvin DuBrock, Wildlife Management Director, added that the coyote population has doubled in the past ten years, despite unlimited taking. He noted that 11,000-12,000 coyotes are harvested each year. Rep. Staback then asked about baiting coyotes, noting that it is currently illegal. DuBrock replied that baiting coyotes is likely illegal because it may lure other animals that are in season, as well. He noted that the issue of baiting would be considered as the Commission studies the coyote issue.

Rep. Pickett inquired about CREP (the Conservation Reserve Enhancement Program), noting that she has heard many complaints about it from the farm community. Klinger replied that currently 265,000 acres are enrolled in CREP across PA. Early on, issues arose because the best land was being enrolled for the highest payments, but that has since been reversed so that now the more erodible land is being enrolled for the highest payments. He noted that his motto is "farm the best, CREP the rest."

Rep. Miller remarked that she believes that CREP is still paying high amounts of money for the best land, noting that she has concerns with how the program is operated. Klinger replied that the Commission's policy has been to pursue land where sharecroppers are willing to work with the Commission; they do not threaten sharecroppers by forcing them to enroll their land or lose it.

Rep. McNaughton remarked that he has long been a supporter of increasing timber sale. He then asked about timber revenues, noting that he could not make the math add up. Kerr clarified that the Commission has not done a good job of drawing down federal dollars, but, after the shortfall last year, they went back and drew down all money available to make up for the shortfall.

Rep. Denlinger inquired about the $1.6 million in unexpected expenses that Kerr referred to in her testimony. Kerr explained that the employee benefit contribution rate increased in 2003-04 and the Commission drew money from the Motor Vehicle Licensing Fund to cover that increase. This year, the money had to be returned to the fund, which accounts for the majority of that shortfall. Also, the Commission switched to the SAP payroll system, which created unexpected expenses.

Rep. Haluska stated that the Conservation and Natural Resources Act mandates that a specific amount of money be set aside for reforestation. He inquired how much is actually being set aside, and if the Commission would support legislation creating a specific fund that the money would be placed in to ensure that the proper amount is being reserved for reforestation. Klinger replied that is a volatile issue, and promised to get Rep. Haluska the information. He noted that professional foresters have reported that the Commission has never denied them money when they've needed it to do their job. Rep. Haluska commented that not enough money is being provided. Chairman Smith suggested that Rep. Haluska introduce such legislation and the Committee and Commission would work from there.

Rep. Gergely commented that he does not believe enough is being done to encourage youth hunting. He asked what the Commission is spending and doing to encourage youths. Ross replied that the Commission has several programs, including one in which the Commission goes into schools or provides videos to schools. Schmit added that it is important to provide opportunities for youths to get involved in hunting, noting that a large part of encouraging their participation is through sportsmen that can get them excited.

Rep. Keller inquired about the average price per acre in CREP. Klinger estimated that the average price is $100 per acre. He noted that the same land can be rented for only $25-50 per acre, but CREP pays more because it is a one time payment for 15 years.

Rep. Forcier asked if the Commission would consider eliminating wildlife management units (WMUs), or what information would they need to see to consider doing so. She remarked that sportsmen in her district would like to see WMUs eliminated. Ross replied that they will gather as much information possible and consider all the options. He added that the sportsmen should contact the Commission with their concerns.

Rep. Wilt inquired about revenue targets from timber sales and the number of acres projected for acquisition. Kerr replied that the Commission expects $10 million from timber this year, and has already received $8.1 million. She noted that estimates were conservative this year because of the shortfall last year.

Rep. Surra inquired about lawsuits against the Commission. Schmit replied that the handling of lawsuits is covered by The Administrative Code. He noted that the Commission has been sued ten times, with four criminal charges being filed in the past five years.

Rep. Goodman noted that antlerless deer allocations are a significant portion of the operational budget (9.9%), and asked if the allocation is reduced, how the Commission would generate the lost revenue. Ross replied that the Commission will decide in March whether to reduce antlerless deer allocations. He noted that if they do so, they will have to make up the money or, more likely, cut something out. Roe added that reducing the allocation would hurt the counties as well because they receive $1 from each sale.

Chairman Smith concluded the meeting by reiterating that the Committee will meet with the Commission to discuss the deer issues. He noted that the Department of Conservation and Natural Resources (DCNR) would be invited as well. He then reminded the members that the meeting scheduled tomorrow with the Fish and Boat Commission has been cancelled due to the death of Leon H. Reed, a member of the Commission.

Release #009-05

GAME COMMISSION DELIVERS ANNUAL REPORT TO HOUSE COMMITTEE

HARRISBURG -- Pennsylvania Game Commission officials today delivered the agency's annual report to the House Game and Fisheries Committee at an informational meeting in the State Capitol.  To view a copy of the annual report, go to the Game Commission's website (www.pgc.state.pa.us), click on "Annual Reports," then select "2003-2004 Legislative Annual Report."  The report will be posted at 1 p.m. today.

Following is the prepared statement delivered to the House Game and Fisheries Committee by agency officials.

PGC Testimony:

EXECUTIVE DIRECTOR VERNON ROSS:

Good morning, Chairman Smith, Chairman Staback and members of the committee. 

I have with me today part of the Game Commission team; just a few of the many devoted and talented employees we have at the Game Commission and I'd like each of them to have a few minutes to address you on specific areas of the annual report at the end of my remarks.

It often pays to look back before looking forward.  In the past five years, the Game Commission has made it a high priority to implement programs to enhance recruitment and retention so that we can keep our hunting and trapping heritage alive and well in Pennsylvania.  Hunting and trapping are our state's best means of managing wildlife populations, from deer to beavers, from bears to geese. For that very reason, I'd like to point out some of the many opportunities we have created, to not only provide our adult hunters with greater opportunities, but to attract our youth as well.

2000

* bobcat season

* three-day muzzleloader season

* two-week concurrent buck/doe for juniors and seniors

2001

* first modern day elk season since 1931

* expanded October muzzleloader season to 7 days, including 2 Saturdays

* three day October antlerless for junior/senior/disabled/military hunters

2002

* approved crossbows for elk, deer, and bear rifle seasons

* expanded the traditional three-day bear season to deal with localized nuisance complaints

2003

* DMAP

* Additional three week antlerless season in WMU 5D

Junior hunting opportunities

* Youth pheasant hunt (2002)

* Youth spring gobbler season (2004)

* Special antlerless deer harvesting opportunities (1998, expanded 2000)

* Youth squirrel hunt (expanded 2004)

* Youth mentoring during the pheasant hunt (2002)

Upcoming opportunities

* Second spring gobbler

* Cable restraints usage for coyotes/foxes

* Update of the Hunter-Trapper Education program

The expanded opportunities have made Pennsylvania one of the few states in the nation that is experiencing a gain in our youth hunters.  The past couple of years we've seen a gain of two percent or more every year. That is a statistic we are especially proud of and we'd like to continue that trend.  This year we also have seen a rise in overall license sales by two percent, including gains in bear, archery and muzzleloader sales.

I recognize that despite all of these expanded hunting opportunities, this past season has strained the agency's relationship with some of our sportsmen.  As the Executive Director, I am committed to improving this relationship.  We cannot and should not abandon those who have supported the agency through the years and who now desperately want to continue to be part of our efforts.  Hunters and the Pennsylvania Game Commission are inseparable.  You cannot have one without the other.

I think everyone in this room knows I am referring to the deer season.  Chairman Smith has indicated that he will be holding a hearing on deer management with this committee, so today I'll be very brief and leave the details to that hearing.  As we recently have stated, we don't know what happened this past deer season and we won't know until March when we have all the data in and analyzed.  But I can tell you this; we will be giving that data a very hard look.  Just like you and the sportsmen, we want to know:

-- Where were the deer killed and, more important, where were the places few deer were harvested?

-- What was the age structure of the deer that were killed? Are bucks getting older?  Are we shooting too many yearlings?  What are the trends in the herd in every location in Pennsylvania?

From this information we will be willing to make changes and be both flexible and responsive.  Changes in seasons in each WMU are possible.  Not every WMU will be treated the same way.

We must bring a balance to all of our decisions.  That balance comes from common sense, open communication and an understanding of those who are ultimately affected by our decisions.  Our focus must be on the long-term, big-picture wildlife issues without losing our traditional stakeholders or alienating our new ones.

Today, we have more opportunities to hunt than ever before, but we are not planning on resting on our laurels.  We will continue to keep an eye on the future and find ways to increase the number of Pennsylvanians that enjoy hunting and trapping activities.  Hunters and trappers are the original and leading wildlife conservation advocates, and the more of them that there are, the more support we all can count on.

BUREAU OF ADMINISTRATIVE SERVICES DIRECTOR CARL ROE:

As we move forward with program accountability in the Game Commission, we took an important step this year. This was the first year that we looked at measuring the results of our execution of strategic objectives in the Strategic Plan. As you recall, the plan includes both outcome and output measures for each of the strategic objectives. Each objective had a program manger and they had the responsibility of coordinating the measurement results with other bureaus and the regions. These measurements are being examined and refined to ensure that they lead to a sound conclusion on how well the objectives were achieved in the strategic plan.

We will use the measurements and other inputs to evaluate where we are in achieving our strategic objectives. The evaluation will be used to make programmatic adjustments to resources during the re-budget period in late spring. This will help ensure that we are placing resources where we need to from a program perspective.

Additionally, we developed the 2005-06 budget using a zero-based budget approach, and we used a programmatic approach to better define actual program costs. The zero-based process was pretty good for an initial effort, and we will improve with each iteration.

The Strategic Plan has several major programs that have not been able to be achieved due to a lack of resources.  Some of these programs include: the Point-of-Sale License System; a private lands habitat initiative, Acres for Wildlife; several wildlife research projects; and an expansion of outreach programs just to name a few. Additionally, from a program point of view we need to take care of numerous infrastructure requirements, buildings, telephone systems, and capital purchases of both on road and off road equipment.

The lack of resources places considerable pressure on other programs. The cost of the new labor contract is placing great pressure on many programs. The approximate 13.25 percent increase in pay and benefits over three years requires a constant evaluation of where funds are expended. Since we have held the budget to zero growth and revenues have been constant, any increased personnel costs have to come out of operational programs as the Game Fund can no longer be drawn down at its current rate. Consequently, there will continue to be a decrease in services and increased limits on the agency's ability to achieve the programs in the Strategic Plan and what the public is accustomed to receiving.

Delays in the increase of resources exacerbate the problem as additional programs will need to be reduced or cut and the replenishment of the Game Fund will take longer the further the Game Fund goes down.

I believe we have made significant progress in looking at programs, measuring their progress and building a budget that is more program oriented. It is not as precise as it will be in the future, but we are heading in the right direction. However, without sufficient resources many programs will not be achieved and current programs and service levels will be reduced.  

BUDGET ANALYST DOT DERR:

The Game Commission has an authorized complement level of 732 full-time equivalent positions.  As of the end of December of 2004, there were 688 filled positions and 44 vacancies.  The bi-weekly salaries and benefits are is excess of $1,160,000.  In addition to the full-time equivalent positions, there are approximately 135 authorized wage/seasonal positions.

The revenues estimated to be received during fiscal year 2003-04 were $65.8 million.  Actual revenues received were $63.6 million.  The shortfall was due to weather contributing to the lack of timber sales.

As of the end of December 2004, the agency has received over 75 percent of the estimated revenues for the current fiscal year and is confident that the revenue projection for this fiscal year will be met.

The expenditures continue to be closely monitored through monthly reports, and projections through the end of the fiscal year also are monitored monthly.  Cost saving measures continues to be explored and implemented where possible.

In-kind services are captured through monthly reports in order to reflect a more accurate account of work being conducted for habitat improvement.  Overtime approval is monitored closely with prior approval and a monthly report submitted to the Executive Office.  Personnel Action Requests are reviewed and discussed by the Executive Office committee to analyze the need for backfilling of positions. 

Given no unanticipated expenses, the Game Commission is committed to meeting our agency mission while staying within our authorized spending level for the fiscal year ending June 30, 2005.

The fiscal year 2005-06 Budget Request currently is in the Governor's Office being reviewed.  This request is based on a zero-based budgeting concept.  Over a period of several months, we met with Bureau and Regional directors to closely examine projects within program areas and determined projected costs based on activities within a project.  Although the zero-based budgeting concept is a work in progress, we will continue to work towards this goal. 

As we get closer to the end of the fiscal year, federal allocations are announced and revenues are reviewed, it may be necessary to reprioritize our original budget submission to ensure all mandated personnel costs are satisfied and operating expenses are covered while staying within our approved spending level.   Historically, the first two months of each fiscal year we need approximately $13 million to cover personnel expenses and contract commitments.   

DEPUTY EXECUTIVE DIRECTOR MICHAEL SCHMIT:

The Game Commission has in place a process whereby citizens can register a formal complaint against an agency representative.  Once logged into that system the complaint is investigated in a timely basis and the complainant and employee, or Deputy in the case of Deputy Wildlife Conservation Officers, are notified of the finding.

Given the fact Game Commission employees encounter and interact with hundreds of thousands of citizens annually, and with many tens of thousands of those interactions being of a law enforcement nature, we are pleased to report very low numbers of formal complaints registered against employees.

During 2004, there were 20 formal complaints lodged against agency personnel. 

Of these 20 complaints, 16 have been investigated and final disposition letters sent to the complainant.  Four investigations remain open and should be concluded by mid-February.

Of the 16 completed investigations, a finding of sustained was determined in 3; a finding of not sustained in 1; a finding of exonerated in 7; a finding of resolved in 1; a finding of founded in 1; and a finding of unfounded was determined in 3.

For comparison purposes there were 15 complaints filed against Game Commission representatives in 2003, 27 in 2002 and 32 in 2001.

BUREAU OF LAND MANAGEMENT DIRECTOR SCOTT KLINGER:

In January of 2004, I took over as director of the Bureau of Land Management.  I am very proud of all the habitat work our employees accomplish on our State Game Lands and with our many public access cooperators.  As I have told the Executive Director and Commissioners on many occasions, habitat is not everything-it's the only thing.  I truly believe that and so do the men and women of the Pennsylvania Game Commission.

Our Food and Cover Crews and Land Managers spend countless hours establishing wildlife habitat improvement projects with our many partners.  But we can and must do better.  Habitat planning at multiple scales will be necessary to ensure wildlife habitats are maintained for future generations.  We will be reorganizing the Bureau and placing greater emphasis on habitat planning in the years ahead.  We need to integrate our wildlife and forest planning efforts on the State Game Lands. 

Some important steps have already been made.  We have placed our Regional Foresters under the direction of our Regional Directors with policy being established by our forestry and wildlife team in Harrisburg.  Regions have been given specific habitat targets to achieve through our timber management program.  Timber harvesting will be used, as a management tool to achieve desired future wildlife habitats; so will prescribed burning and other management tools.  We also have fielded six Regional Biologists that will assist our Foresters and Land Managers in developing integrated wildlife management plans for our State Game Lands.

But, we will do more.  Working with the Department of Conservation and Natural Resources' Bureau of Forestry, we are in the process of developing our Forest Inventory Team that will give us needed information on the condition of our forestlands.   Data collected will tell us how fast our forests are growing; growing stocks; estimated yields; and impacts from insects and disease.   Data collected will allow us to integrate our timber and wildlife program objectives and ensure long-term sustainability of forest and wildlife resources.  Forest Planners, Wildlife Planners and Recreation Planners will work closely together to develop statewide and Regional State Game Lands Plans.  These plans will involve the public.  These plans will allow us to better manage our precious State Game Lands in the most cost effective manner.

At the same time, we need to do a better job working with private landowners that care about wildlife.  Nearly 90 percent of all Forest Stewardship landowners entered the program because they were interested in wildlife.  Working with partners such as Natural Resources Conservation Service (NRCS), we have placed 20 Habitat Biologists on the ground to deliver Conservation Reserve Enhancement Program (CREP) and other Farm Bill Programs.  To date, they have written 128,000 acres of wildlife habitat plans and with our food and cover crews coordinated the planting of 88,000 acres of wildlife habitat.  In addition, using funds from the U.S. Fish and Wildlife Service, we have hired six biologists to work with private landowners on species of special concern.

Conserving and protecting wildlife habitat will be the greatest challenge in the 21st century.    It will not be easy.  I look forward to working with all of you to ensure that Pennsylvania has a lasting legacy of wildlife and wildlife habitat for generations to come.