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House Game
& Fisheries Committee Reports The
House Game and Fisheries Committee met to consider two bills. HB 2918 Smith, B - (PN 4598) Amends
Title 30 (Fish) authorizing the collection of transaction costs associated
with the PA Automated Licensing Service. - The bill was passed over. Chairman
Bruce Smith (R-York) said HB 2918 would not be considered at this meeting. HB 2919 Smith, B - (PN 4599) Amends
Title 30 (Fish) by adding that one-day tourist fishing licenses and one-day
resident fishing licenses may be issued as early as March 15th of any year
(current law is April 1). - The bill was unanimously reported as committed.
Gary
Moore, Legislative Liaison for the PA Fish and Boat Commission, started by
saying House Bill 2919 was requested in order to open trout season in 18
southeastern counties two weeks earlier than previous years. · Allow the Commission to stock
fish near populated areas · Allow the Commission to stock
the state differently · Give more opportunity to
anglers · Lower the mortality rate of
fish prior to opening day Increase revenue by not allowing
one day visitor licenses to be bought Representative
Paul Costa (D-Allegheny) asked Representative
Sheila Miller (R-Berks) then stated that she is concerned about the impact of
taking away the one day licenses, especially the impact on kids who want to
go fishing with their grandparents during the summer on private lakes. Chairman
Smith added that he may call a committee meeting off the House floor to
consider House Bill 2970 if it is referred to this Committee. He added the
bill would allow auctioneers in PA to be excluded from having a permit when
selling non-edible game parts. Joe Neville, from the PA Game Commission,
stated that there is a potential problem with this legislation because it
would allow the commercialization of wildlife. He went on to say that the
auctioneer would not need to report any sales to the Game Commission dealing
with illegal animal parts. Brian
Hinkle, PLS Intern
House Game and Fisheries Committee Meeting Report provided by Eric A.
Failing, PLS, for PFSC The
House Game and Fisheries Committee met to consider two bills. SB 1244 Conti - (PN 1954) Amends Title 34
(Game) further providing for certain individuals vested with powers of deputy
Game Commission officers by deleting language that states retired wildlife
conservation officers, retired waterways conservation officers, State park
rangers, State forest rangers or current or retired State or municipal police
officers would exercise all powers and duties conferred on deputy Game
Commission officers, including the right to issue citations and field
acknowledgments of guilt for violations. Active officers are not included in
the deleted language. (Prior Printer Number: 1873) - The bill was unanimously
reported as committed. Joe
Neville, Legislative Liaison for the PA Game Commission, explained that the
bill was introduced to take care of cases where a retired police officer may
start acting as a Deputy Wildlife Conservation Officer (WCO) but who has not
been through any of the Commission's latest trainings or received their
latest updates. Neville lamented that because the individual is retired,
there is no agency or department that can do anything to stop the individual
because the current law allows them to act as Deputy WCOs
when they retire. Minority
Chairman Edward Staback (D-Lackawanna) referred to
line 14 in the bill stating that Deputy WCOs cannot
issue citations, yet on page 2 line 1 of the bill,
it states that active state of municipal police officers could serve as
Deputy WCOs. The Representative asked if active
duty police officers can enforce rights under Title 31. Neville stated they
can and explained that the prime sponsor of the bill and the Fraternal Order
of Police wanted this provision in place as a safeguard should the need ever
arise to invoke this authority. Minority
Chairman Staback then expressed confusion over how
a Deputy WCO could not issue citations yet active duty police officers (who
are considered Deputy WCOs could). Neville explained
that this is a redundancy in the bill and that while officers would have both
powers, none of their police powers would be diminished. Asked
by Chairman Bruce Smith (R-York) how the Senate voted on this issue, Neville
replied the Senate voted unanimously to pass it. Representative
Tina Pickett (R-Bradford) stated she has heard from a constituent who is a
Deputy WCO who complains about the continual loading of new requirements. She
expressed her belief that the Game Commission should take a hard look at continuing
to add so many requirements for Deputy WCOs before
they begin losing the service of these individuals. Chairman Smith replied,
stating that after the last hunting license increase, the Committee received
numerous complaints about the activities of some Deputy WCOs
and took steps to correct these issues. He explained that the Commission's
actions are a result of the Committee's actions at that time to ensure that
Deputy WCOs are fully trained on the latest
Commission rules. SB 1262 Conti - (PN 1877) Amends Title 30
(Fish) by stating that an individual may not operate a watercraft after
imbibing a sufficient amount of alcohol such that the individual is rendered
incapable of safely operating the watercraft. The bill provides for
penalties. The bill also states that a waterways conservation officer may
require that a person, prior to arrest, submit to a preliminary breath test
on a device approved by the Department of Health to determine his blood
alcohol level. Lastly, the bill provides for the offense of aggravated
assault by watercraft while operating under influence. - The bill was
unanimously reported as committed. J.
Gary Moore, Legislative Liaison for the Fish and Boat Commission, explained
that this bill is an attempt to alleviate the confusion between the blood
alcohol content levels (BAC) for operating a motor vehicle and operating a
watercraft. Representative
Gary Haluska (D-Cambria) asked if there is any
connection between the penalties for operating a motor vehicle under the
influence and operating a watercraft under the influence. Asked
by Representative Gordon Denlinger (R-Lancaster) if
there is a difference in penalties between a powered watercraft and one that
is not powered (i.e. a canoe), Representative
Marc Gergely (D-Allegheny) next questioned if the
Department of Transportation is notified when someone is caught operating a
watercraft under the influence. Representative
Haluska asked if an individual's boat permit is
revoked if that person is caught boating under the influence. Asked
by Representative Dan Surra (D-Elk), how many
boating privileges are suspended annually, House Game and Fisheries The House Game and Fisheries Committee met to consider one bill. HB 2824 Smith, B - (PN 4328) Amends
Title 30 (Fish) further providing for the fees, powers, and duties, rules and
regulations and records of issuing agents; and making an editorial change. A
provision that previously exempted issuing agents that were active on or
before Committee Chairman Bruce Smith (R-York) announced
the committee meeting scheduled for Wednesday, June 28 at Jeff Cox, PLS House Game and Fisheries Committee The
House Game and Fisheries Committee met to consider three bills. HB 84 Hanna - (PN 78) Amends Title 34 (Game) further providing for powers and
duties of enforcement officers by adding that any officer who enforces this
Title would have the power and duty to, when in the performance of duty,
pursue, apprehend or arrest any individual suspected of violating any
provision of Title 18 (relating to crimes and offenses) or 75 (relating to
vehicles) or any other offense classified as a misdemeanor or felony. - The
bill was passed over. Chairman
Bruce Smith (R-York) noted the committee will be meeting next Wednesday at HB 2650 Smith, B - (PN 4020) Amends Title 34 (Game) further providing for
the organization of the PA Game Commission by stating that the Commission
would have nine members (increased from eight). The ninth member would be
appointed at large and would be a PA resident who would currently hold, and
have held for a continuous period of not less than ten years immediately prior
to appointment, an adult or senior resident hunting or furtaker
license. - The bill was reported as committed with Rep. Gary Haluska (D-Cambria) voting in the negative. Chairman
Smith explained an additional commissioner is necessary because recently the
commissioners tied 4-4 on a vote to elect a chairman and it took several
hours to break the tie. He remarked on the strangeness that the Commission
has an even number of commissioners, as very few other boards or commissions
do. Minority
Chair Ed Staback (D-Lackawanna) asked if it is
possible to determine that the potential candidate has held a hunting license
for ten years. Joe Neville, Legislative Liaison at the Game Commission,
replied that would only be possible if the candidate produces licenses from
the past ten years. He noted once the point of sale system is in place, the
Commission will be able to track that information. Minority Chair Staback then asked about the cost of an additional
member. Neville estimated $5,000-10,000, which includes travel, hotel, meals
and registration expenses. Rep.
Haluska noted that the current members of the Ccommission each represent a region and the senator from
that region is usually given deference on the choice. He opined that an at
large commissioner will result in the President Pro Tempore controlling the
appointment and suggested that the regions be changed, noting that some
regions are quite large. Chairman Smith replied the Fish and Boat Commission
has a member at large and has never had any such trouble. He remarked that he
couldn't imagine the Senate giving one member that much power. Rep.
Karen Beyer (R-Lehigh) asked how many members are on the Fish and Boat
Commission. When she was told there are ten members, she suggested that the
Fish and Boat Commission also be adjusted so there is an
odd number of commissioners. HB 1695 Gergely - (PN 2157) Amends Title 34
(Game) providing for a special license and auction to hunt one elk. The bill
would call for an auction to be held open to all and requires the Commission
to contract with the Rocky Mountain Elk Foundation to implement and conduct
the auction. The Foundation would receive 5% of the auction proceeds and the
balance would be used to pay for elk habitat improvements in PA. - The bill
was reported as amended with Representatives Haluska
and Teresa Forcier (R-Crawford) voting in the
negative. A07898,
by Smith, would make the bill constitutional by adding that the PGC may
contract with a person, instead of the Rocky Mountain Elk Foundation
specifically. The amendment was adopted with Representatives Haluska and Forcier voting in
the negative. Rep.
Sam Rohrer (R-Berks) asked why the change was necessary. Chairman Smith
explained it is unconstitutional to single out one group. He noted that the
PGC could chose to designate another group. Rep.
Sheila Miller asked if "person" is defined in the Game Code and
expressed concern that the money could go to a not-for-profit or non-
sportsmen group. Dave Comes, Executive Director of the Committee, read the
definition of "person" from the Code, which Rep. Miller found
broad. Chairman Smith noted the amendment was drafted by legal staff. Rep.
Mark Gergely (D-Allegheny), the prime sponsor,
indicated he is fine with the amendment, noting his goal is to get more money
for conservation. Rep.
Haluska indicated his opposition to the bill and
amendment because participation in an auction is limited. He suggested a
raffle as an alternative. Rep.
Dan Surra (D-Elk) opined the amendment is a good
fix. He also noted the contributions the Rocky Mountain Elk Foundation has
made to PA. Rep.
Miller asked if the license to be auctioned is taken from the total
complement or is an additional license. Rep. Gergely
replied it is from the total complement. He noted the PGC has the option not
to offer the auction, which may be necessary if the herd is deemed not huntable. Regarding
the raffle suggestion, Rep. Gergely said raffles
are usually not as successful as auctions and noted the goal is to raise
money for conservation efforts. Kimberly
Hess, PLS House Game and Fisheries Committee Hearing on the PGC License Fees Increase Legislation: The
House Game and Fisheries Committee held a public hearing on House
Bills 2600, 2601, and 2602. HB
2600 Smith,
B - (PN 3812) Amends Title 34 (Game) increasing certain license costs and
fees; providing for a turkey stamp and pheasant stamp and fees and for
restricted accounts for turkey and pheasant programs. HB
2601 Smith,
B - (PN 3813) Amends Title 34 (Game) increasing certain license costs and
fees; providing for a turkey stamp and pheasant stamp and fees and for
restricted accounts for turkey and pheasant programs. HB
2602 Smith,
B - (PN 3814) Amends Title 34 (Game) requiring a conservation stamp by an
individual holder of an adult resident hunting license, an adult resident furtaker license, a nonresident adult hunting license and
a nonresident adult furtaker license, as well as
for any individual who goes upon the State game lands for any purpose, except
those persons that the director may authorize to go upon State game lands on
a case-by-case basis. There would be no issuing fee assessed for any
conservation stamp, which would cost $20. All moneys derived from the
issuance of each conservation stamp would be deposited in the Game Fund. Members
in attendance included Chairman Bruce Smith (R-York), Minority Chair Ed
Staback, and Representatives Mike Hanna (D-Clinton), Dan Surra
(D-Elk), Matt Good (R-Erie), Chris Sainato
(D-Lawrence), Sam Rohrer (R-Berks), Sheila Miller (R-Berks), Keith Gillespie
(R-York), Gordon Denlinger (R-Lancaster), Mark
Keller (R-Perry), Tina Picket (R-Bradford), Marc Gergely
(D-Allegheny), and Neal Goodman (D-Schuylkill). Chairman
Smith remarked on the importance on learning how much revenue the proposed
legislation will create and how long that new revenue will sustain the PA
Game Commission (PGC). He said the PGC estimates indicated that HB 2600 will
create $14 million in revenue and HB 2601 will create $17.6 million, but
those figures assume there will not be an erosion in
total license sales. Past increases have resulted in an erosion rate of 10%,
he noted. Chairman Smith commented HB 2602 contains a separate idea that he
feels should be discussed. Ted Onufrak, President of the
PA Federation of Sportsmen's Clubs (PFSC), spoke in support of the license
fee increase contained in HB 2600 and HB 2601, noting that of the two
proposals he believes HB 2601 is the better one. However, he suggested the
following amendments to HB 2601: · Junior licenses should remain
at current fees and not be increased · Legislative dedicated accounts
for certain proposed stamps/licenses should be deleted, with the revenue
generated from the fees deposited into the Game Fund · A sportsmen's license (a
resident combination license) needs to be included, as it would ease the
process of purchasing numerous licenses/ stamps and reduce costs · The transaction cost of $0.70
per transaction in the point of sale system should be paid for by the license
buyer and not be deducted form the purchase price of each license/stamp · Consideration should be given
to increase the migratory bird stamp along with making it mandatory for all
duck/goose hunters · An annual cost of living
allowance (COLA) should be included to allow for lower fee increases, should
they be needed in the future Onufrak
stated the $34 license fee should be adequate and stated "$34 is
certainly a bargain" considering the services and programs available to
hunters for that cost. However, he noted that a higher fee increase may be
needed if legislative initiatives such as SB
868 are enacted. He urged the members not to support SB 868. In
conclusion, Onufrak asked that the General Assembly provide the PGC the means
to continue its valuable services without lapse, noting that sportsmen are
more than willing to pay their fair share and just want to be given the
option. Chairman
Smith asked about PFSC's position on HB 2602. Onufrak replied many members have
indicated that they oppose the bill, however the
Federation will not have a formal position until after their delegation meets
in September. He noted PFSC opposed a similar measure that was introduced in
1999. Chairman Smith then asked if PFSC would support an increase of $1-$2
every legislative session instead of a COLA, noting that the General Assembly
would be more likely to support such a structure. Onufrak commented that
seems to be an idea worth considering, noting that ultimate support would depend
on what license amount is settled on. Wes Waldron, President of the
United Bowhunters of PA (UBP), testified on his
organization's support for a license fee increase, but noted UBP has concerns
with HB 2600 and HB 2601. Waldron acknowledged that the PGC is in need of a
license fee increase to continue to offer its variety of services and
programs and to restore cut programs, however, he expressed concern that the
legislative proposals do not adequately fund the PGC long term. He noted that
the last increase became inadequate within five years due to inflation.
Waldron suggested supplemental funding to the PGC from the General Fund or a
portion of the sales tax if the General Assembly remains unwilling to approve
a COLA. Ed Wentzler,
Legislative Director of UBP, spoke on HB 2602. He said UBP supports the
concept contained in HB 2602, but not the legislation specifically, stating
"we feel the major and primary impediment to Sportsmen and Hunters
supporting such a concept, or such legislation to date, is a failure to
satisfactorily address the problems and answer the questions, 'what becomes
of the very significant investment hunters have already made for more than a
century, to wildlife management and to habitat preservation in the form of
real lands and vast acreages where hunters may actually hunt.'" Wentzler urged the Committee to safeguard the natural
resources of PA with a "real sense of perpetuity." He concluded by
remarking there is no reason why PA cannot adequately fund and protect its
natural resources and there is no reason why each citizen of PA shouldn't
contribute to the effort to manage those natural resources. Chairman
Smith again asked about an increase of $1-$2 every legislative session
instead of a COLA. Waldron replied it is a move in the right direction and
worth looking at. Chairman Smith concurred, noting there is no rush to enact
the legislation as it cannot take affect until the 2007 season. Rep.
Miller commented that UBP's position on HB 2602 is
not clear, as they support the concept but not the bill. She remarked she
does not appreciate the inference in UBP's
testimony that this Committee is partisan, stating that the Committee is
looking for solutions to this problem and welcome input. Lastly, Rep. Miller
expressed concern with having a continuously escalating fee and rhetoricaly asked "where's the cap?" Robert Eriksen, PA Chapter of
the National Wild Turkey Federation (NWTF), stated his organization supports
the increase contained in HB 2601, stating the increase contained in the bill
"provides a good starting point for providing the PGC with resources
necessary to begin to restore services and fill staff vacancies." He
also indicated support for a COLA. However, Eriksen continued, "it is
important to note that our board members would much prefer dedicating 0.5-1.0
percent of the state sales tax as an alternative for providing a permanent
funding source" to support PGC, noting that $24-27 million is required
to adequately fund the Commission. Regarding the Conservation Stamp proposal
in HB 2602, Eriksen stated his board is generally supportive of the concept,
but feels hunters should be exempted because they already fund PGC programs
and services through hunting license sales. He also noted that his
organization supports the creation of a turkey hunting stamp, as contained in
HB 2601, adding that revenues from the stamp should be part of the budget of
the PGC, because "working from a budget without earmarked funds allows
an agency to direct resources to areas of need within its strategic
plan." Chairman
Smith remarked that many hunters, as well as members of other groups, feel
they should be exempt from the Conservation Stamp. He commented he introduced
the bill to make a point about how the land was purchased and how that
relates to its use. The Chairman then asked about the suggested $1-$2
increase in lieu of a COLA. Eriksen said it sounds reasonable to support. Rep.
Miller expressed her surprise that NWTF does not want funds earmarked, as
usually groups do want earmarks. She asked if they have enough assurances
from the PGC that they feel comfortable with the proceeds from the stamp
being deposited in the Game Fund. Eriksen replied they are comfortable with
PGC management of revenue, noting that NWTF has a good relationship with the
Commission and it has been responsive to their needs. Chairman
Smith quickly asked how the second turkey season is working out. Eriksen
replied NWTF is very supportive of the additional season, noting that it has
nearly met expectations. He stated it adds another recreational opportunity
with little impact on resources. Rep.
Rohrer asked about the figures Eriksen referenced in his testimony, noting
that 1% of the sales tax brings in $80 million in revenue,
therefore ˝% would be $40 million, much more than Eriksen suggested PGC
needs. Eriksen clarified $24-27 million is the amount PGC needs and he indicated
that NWTF supports whatever percentage is necessary to achieve that amount,
reiterating the importance of long-term, sustainable funding. Rep. Rohrer
commented that the sales tax has historically been dedicated solely for
education, so the General Assembly would have to consider if it is willing to
change that policy. He noted his agreement that sustainable funding,
especially from a source that will grow, is needed. Brian Brake, from
Pheasants Forever and Quail Forever, expressed support for a license fee
increase, favoring HB 2601 over HB 2600. He also stated support for the
proposed Pheasant Stamp, adding that 50% of the revenue from the stamp should
be earmarked for grassland habitat establishment or improvement, with at
least 25% dedicated to private lands. Brake also stated Pheasants Forever and
Quail Forever support HB 2602, but noted concerns with the ownership of State
Game Lands may arise with the Conservation Stamp. Chairman
Smith began by reminding members that the last time a license fee increased
occurred, the idea of a conservation stamp was involved but later was stopped
by the legislature. According to Chairman Smith, a large number of these
stamps had been printed but never distributed. He then asked for Brake's
reaction to imposing a $1 to $2 increase in license fees every two years.
Brake responded that this seems reasonable and that any way to ensure a
steady stream of funding makes sense. He continued, stating that if Pennsylvanians
want there to be wildlife, there is a price especially in terms of ensuring
available habitat. Brake suggested that with additional funding, a model
could be proven and adopted across the state to this end. He stressed the
need for thinking regionally, increasing education efforts and to address
problems once they are discovered. Chairman
Smith commented that in today's economy, a round of golf can cost $30,
purchasing a tank of gasoline $40 and taking your family out to the movies
$30. He concluded, stating that by way of comparison, $34 for a hunting
license seems reasonable. Brake
discussed many of the habitat development and protection efforts he has
undertaken on his own property for hunters and lamented that for all of these
efforts, it is frustrating that PGC can't even send
him a copy of their Game News publication any longer. Andy Dively,
Treasurer for the Susquehanna River Waterfowlers
Association, stated that membership surveys over the past 10 years have shown
overwhelming support for a Migratory Bird Stamp with 99% of respondents
voting in favor of the proposal last year that would have funds going toward
a migratory bird program. Chairman
Smith asked for Dively's opinion on HB 2602. Dively stated that while this issue has not been brought
up before the entire membership, he is opposed. Chairman
Smith then thanked Dively for testifying on such
short notice and recognized his organization as one of the original groups
that came together to draft legislation for a fee increase. Rep.
Miller asked what the return rate was on the survey Dively
conducted of his 650 person organization. Dively
said it was approximately 63 percent. Chairman
Smith next read a letter from Mike
Creamer, of the PA Deer Association, who was not able to attend the
meeting. Creamer wrote that the Deer Association is in support of House Bills
2600 and 2601 and does not have a problem with a $1 increase on antlerless tags. He added in his letter they are not in
support of the $20 conservation stamp provided for in HB 2602. Carl G. Roe, Executive Director
of the PA Game Commission began by introducing Tom Boop,
President of the Game Commission, Roxane Palone, Vice President of the Game Commission and David Schreffler, Commissioner of the Game Commission. Roe then
testified that the one challenge the Game Commission has always faced is
financing. He
warned that even with cutting millions of dollars from their operating
budgets, an increase in personnel costs provided for under the state employee
contract will amount to a $2.8 million increase in expenses which can only be
controlled by not filling vacancies. Another cost the Commission will have to
bear is for their share ($500,000) of the Integrated Enterprise System (SAP),
said Roe. Roe
then warned that if Senate Bill 868 passes, they would face an additional
financial burden of paying $5.1 million, of which $3.4 million currently is
not in the Commission's budget. He
closed by stating that even with the proposed increases in hunting fees,
Pennsylvania resident hunting rates will still be an enormous bargain
compared to resident hunting fees charged in other states. Chairman
Smith informed the Committee that SB 868 could be voted on by the House at
anytime. He also stated there are a lot of proposed amendments on the bill,
especially by Rep. David Levdansky (D-Allegheny).
Chairman Smith acknowledged that he supports one such amendment that calls
for General Fund revenue to be used to help the Game Commission and the Fish
and Boat Commission. To this end, he said he has been in contact with
Representatives Samuel Smith (R-Jefferson) and John Perzel
(R-Philadelphia) to offer his support. Asked
by the Chairman about his views on House Bill 2602, Roe said that he has
heard from hunters who are concerned that this would be akin to charging them
twice. He then stated that all conservation stamps that had been printed years
ago but never distributed have since been recycled. Rep.
Denlinger commented that it appears from Roe's
testimony that a "perfect storm" is forming that could be very
financially damaging for the Game Commission, especially if Senate Bill 868
is passed. He then asked Roe what would happen to the Commission if they were
not given authority to increase hunting fees. Roe stated that without an
increase, the Commission would be forced implement a furlough program over
the next year or so and vacant positions at the Commission would not be able
to be filled. Rep. Denlinger then stated that while
he is one of the most conservative members of the House, he believes the
Commission needs to receive an increase in funds if they are going to
continue to operate as expected. Chairman Smith agreed with this comment. Rep.
Pickett cautioned that a sizeable increase is being contemplated and wondered
if it would be better to implement this increase over a five year period. Roe
worried that such a delayed implementation would not provide the Commission
with adequate funding to perform the functions they need to perform now or to
take steps necessary to accomplish necessary functions in the future. Rep.
Pickett then worried about PA's competitiveness in terms of out of state
hunting fees compared to other states. Roe promised to get back to the
Representative with more information comparing out of state fees. He then
stated that even raising the resident hunting fee to $34 still does come
close to the higher costs charged residents in neighboring states. Rep.
Miller questioned the concerns expressed by Roe over non-hunters contributing
funds and becoming involved in the operational decisions of the Game
Commission with statements he made in his testimony about it being the
constitutional obligations of taxpayers to pay for protecting natural
resources. Roe commented that his statement on constitutional obligations
reflects the views he has heard from many hunters and is not the Game
Commission's position. Rep.
Miller stated her concern about escalating costs of hunting licenses becoming
more than what the market would be willing to pay. She quickly acknowledged
she has heard during the hearing that hunters support the increase but said
she is still concerned because the sportsmen from her district only call to
offer complaints about the Game Commission and not in support of a license
increase. She then suggested that more effort be spent educating local
officials about the tax benefits of keeping "open space areas"
rather than developing them. Roe agreed with her comments on the benefits of
open space. He then reminded the Committee that the Commission is charged
with protecting not just the 5% of game land but also all of the wildlife
that exists around the state. Chairman
Smith asked for more clarification on the Commission's commitment to the new
point of sale system given their current financial crisis. Roe stated they
have signed a contract for the system which will result in an initial
increase in their expenditures but he expects the system will pay for itself
over the years. Roe also said they were able to negotiate the cost per
transaction for the system down to $0.70 (the average in other states is
$1.10). Asked
about concerns over the new system capturing Social Security numbers, Roe
stressed the system will only require the input of a Social Security number
once and that new pin pads will allow hunters to enter their numbers
themselves. He added the Social Security numbers will be hidden from the
clerks at the point of sale and will not be part of the active database. Roe
said the new system will allow the Commission to capture more precise
information on hunters that will benefit the Commission in the long run. Chairman
Smith said it is his understanding that some of the increase in the
Commission's expenses comes from a labor agreement brokered by the
Administration. Roe acknowledged that Commission employees fall under the
state's General Contract and that this will result in an 8% increase or more
than $2.8 million in additional expenses. Roe said this is being paid for
through the Game Fund under the hopes that a license increase will be
approved in the near future. Chairman Smith said he just wanted to remind
everyone that there are some costs beyond the Commission's control. Chairman
Smith added that when the idea of merging the Game Commission and Fish and
Boat Commission was raised several years ago because of cost savings, every
sportsmen group voiced their opposition to such a merger. Chairman Smith said
that now is the time for hunters to pay up for this decision and support an
increase in license fees. He
then promised to provide the members of the Committee with a report showing
the cost of hunting licenses in all 50 states. Click
to view additional information
provided by the Game Commission. Kimberly
Hess and Eric A. Failing, PLS The House Game and Fisheries Committee met to
consider two bills. HB 420 Good - (PN 2592) Amends Title 34 (Game)
by adding that a dog may be used to hunt big game if a person who owns and
controls a single dog that is maintained on a leash at all times may use the
dog to track big game, excluding turkey, that have been killed or wounded by
another person who is engaged in lawful hunting of such big game. The person
or anyone who accompanies the person using the dog to track such big game may
not possess a firearm or implement capable of injuring or killing such big
game. - The bill was reported as committed with the following members voting
in the negative: Minority Chairman Edward Staback (D-Lackawanna) and
Representatives Paul Costa (D-Allegheny), Neal Goodman (D-Schuylkill), James Shaner (D-Fayette) and Edward Wojnaroski
(D-Cambria). Joe
Neville of the PA Game Commission and Andy Bensing
of Deer Recovery of Pennsylvania were present to convey support for the
legislation. However, Neville mentioned some concerns raised
with HB 420 regarding things like citing dispatches on illegal animals,
trespassing and dispatching at night. Minority
Chairman Staback asked Neville, in regards to the exception on page one, line
14 of the bill, what kind of regulation does he see the PGC creating. Neville
responded he doesn't see the PGC doing anything with that at this time.
Minority Chairman Staback noted that turkey has been excluded as big game in
the bill and asked if dogs will be used for bear. Neville replied yes, bear,
elk and deer. Minority
Chairman Staback wanted to know if it is outlined anywhere in the bill about
barking dogs. He wanted to know if he could be assured that hunting dogs will
remain quiet. Neville told him it is not outlined anywhere in the bill.
Minority Chairman Staback said he thinks many people will have a problem with
this. If we had assurances that dogs would be "silent drivers" he
would be more comfortable but for now he has difficulty supporting it. Rep.
Sheila Miller (R-Berks) explained she saw the video tape on this and
mentioned she did not see or hear anything that would have been a problem as
far as noise or barking from the dogs. Bensing
added that less than two percent of dogs across the country that do this
actually bark. Minority Chairman Staback stated the bill does not spell out
that people are using certain types of dogs which do not tend to bark. Bensing told him that is a correct statement. He added he
knows of one state which requires dogs on public land to be silent, but could
not recall which state. He also said he knows no specific dogs are identified
in any state's laws and regulations on this. Rep. Teresa Forcier
(R-Crawford) included that she, too, saw the video and thinks this bill is
very necessary. She said she has not heard of anyone opposed to it. The
following amendments were distributed but not voted on or discussed: ·
A07379, by S. Miller ·
A07354, by S. Miller ·
A07355, by S. Miller HB 2563 Staback - (PN 3806) Amends Title 34
(Game) by allowing law enforcement officers or any person who possesses a
license to carry a firearm to be in possession of a firearm during any
activity regulated under Title 34. The bill states that this does not allow
hunting with this firearm unless provided for by law. - The bill was
unanimously reported as committed. Rep.
Sheila Miller asked about citations in instances of self defense from a
wounded animal. Neville replied that it can be determined forensically
whether or not self defense was necessary. 3/21/06 The House Game and Fisheries Committee held an
informational hearing to receive an update from the Legislative Budget and
Finance committee on the results of the three-year audit of the PA Game
Commission (PGC). Members in attendance included Chairman Bruce Smith
(R-York), Minority Chair Edward Staback (D-Lackawanna) and Representatives
Sam Rohrer (R-Berks), Curt Sonney (R-Erie), Keith
Gillespie (R-York), Chris Sainato (D-Lawrence),
James Shaner (D-Fayette), Mark Keller (R-Perry),
Rod Wilt (R-Mercer), Neal Goodman (D-Schuylkill) and Karen Beyer (R-Lehigh). Phil Durgin, Executive Director, and John H. Rowe, Chief
Analyst, for the Legislative Budget and Finance Committee (LBFC),
presented the results of the
triennial audit of the Game Commission. Durgin
explained that the law was changed in 1998 to require triennial audits,
replacing the annual audits that had been conducted since 1984. Part of the
1998 amendments to the Game Code, he continued, require that PGC improve its
financial and program accountability by linking its strategic plan to the
budget and measuring program performance against the plan. The 2006 audit, Durgin stated, focused on PGC's
progress on implementing the 2003 strategic plan and addresses PGC
implementation of other statutory provision related to strategic planning and
budgeting as well as the current and projected financial condition of the
Game Fund. Rowe provided the Committee with an overview of the
findings and recommendations of the LBFC report. He explained that the LBFC
first recommended the implementation of a strategic plan by PGC in 1985,
noting that the US Fish and Wildlife Service (USFWS) endorsed such an
approach. Initially the PGC agreed with the recommendation and projected that
a plan would be in place by 1990, he said, but noted a strategic planning
document was not created until 1998. In the 2000 audit, the LBFC found that
PGC had not yet made a systematic and concerted effort to implement that plan
and that the plan did not provide for a linkage to the PGC annual budget.
Consequently, LBFC recommended that PGC hire a full-time strategic planner
and reexamine and revise its strategic planning process and document. By the
2003 audit, PGC had hired a strategic planner and set aside the 1998 plan in
favor of a complete overhaul of the process and new strategic plan, Rowe
reported. However, he continued, while the Commission had published the plan
in 2003, the former executive director did not implement it and did little to
incorporate it into the day to day operations of the Commission. Rowe also
noted that the strategic planner position has been vacant since 2003. He
added that the limited financial resources of the Commission, cost cutting
measures, inadequate staff understanding and a lack of a link between the
plan and the budget have also contributed to the plan not being enacted. Rowe
did note that the new Executive Director, Carl Roe, has stated his commitment
to the current plan and the strategic planning process. Rowe then said the report makes the following
recommendations: · Fill the strategic planner
vacancy · Issue an agency-wide directive
clarifying the statue of the PGC's strategic
planning process and the role the plan is the play in agency operations and
budgeting · Seek consulting assistance
form the USFWS Management Assistance Team or the Organization of Wildlife
Planners · Explore the availability of
federal financial assistance In conclusion, Rowe stated the balance in the Game Fund is
approaching $20 million, which is the level it was at when the last license
fee increase was enacted in 1998. He noted PGC has taken many cost-cutting
measures such as deferred repairs, land acquisitions, equipment replacements
and the filling of vacancies. Chairman Smith stated he is upset by the lack of strategic
planning by PGC, but noted he is aware of their financial problems. He asked
how much it would cost to implement the strategic plan. Rowe replied filling
the vacancy will probably cost $50-60,000 for salary and benefits. He could
not quantify beyond that, noting it is a matter of instilling day to day
processes. He remarked the recommended consulting assistance would be minimal.
Durgin suggested the Chairman ask PGC when they
testify later in the meeting, noting they had provided an estimate to the
LBFC but he could not recall it. Chairman Smith then asked why $20 million in the Game Fund
is critical. Rowe explained $15-20 million is needed at the end of each
fiscal year because revenue for the next year will not come in until later in
the year. Minority Chair Staback asked if LBFC had any conversations
with wildlife management agencies in other states regarding strategic plans.
Rowe replied they have done so throughout the process, noting that the 1985
reported cited five states that had strategic plans. He stated other states
can provide a model for PA, citing the four phases of implementation:
inventory, where do we want to be, how do we get there, and did we make it.
He said PGC is stuck between the second and third phases. Minority Chair Staback asked if LBFC had a dialogue with
the previous Executive director. Rowe replied there was a "considerable
amount", primarily around the 2003 review. He said there was an
understanding that there would be an aggressive implementation, but that did
not materialize. Minority Chair Staback asked about unfunded needs. Rowe
replied the previous executive director pledged to track unfunded needs as a
way to catalogue parts of the plan that need to be implemented. He noted it
could be used to justify a license fee increase. Minority Chair Staback
remarked it seems very little effort was put into developing and implementing
the plan. Rowe concurred, but reiterated Roe's commitment to implementation,
noting he was originally hired as the strategic planner. Rep. Keller indicated his dismay that the plan is still
not fully implemented. He asked if PGC would be in its current fiscal
situation if they had hired a strategic planner when first recommended by
LBFC. Rowe replied that is "conceivable". Rep. Shaner asked how much it
would cost to hire seasonal help for pheasant production, expressing he
concern for the already shrinking industry. Rowe did not have that data, but
offered to send it to the committee. He opined it is probably a relatively
small amount. Rep. Rohrer asked about projections in timber and coal
revenues. Rowe replied increased timber revenue this year was an anomaly and
it is expected to drop down to normal levels. He also noted a one-time
royalty payment for coal this year. Rep. Rohrer also asked about projections
for gas and oil permits, but Rowe clarified the audit focused on strategic
planning and overall revenue, not trends and market conditions. Rep. Rohrer
then asked about possible increases in the in lieu of tax payments. Rowe
explained there are two proposals to increase this tax, which currently
amounts to $1.7 million annually. He said HB 319 would double the tax to $0.80 per acre and SB 868 would triple it to $1.20.
Chairman Smith remarked SB 868 has passed the Senate and HB 319 is still in
committee. He noted these bills will not be referred to this committee and
cautioned members to be aware of the potential impact. Rep. Goodman asked for clarification on the chronology of
the strategic plan development. Rowe explained the initial recommendation for
a strategic plan was made in 1985, a plan was created in 1998, but it was
inadequate and replaced by a 2003 plan, which was created with the help of a
strategic planner hired in 2001. As of the 2006 review, the strategic planner
position is vacant and the 2003 plan has not been fully implemented. The new
executive director has pledged to aggressively work to correct this. Rep.
Goodman asked if other agencies have had similar experiences. Rowe conceded
21 years is unusual. Durgin noted that few agencies
have strategic plans. Rep. Wilt asked if the Fish and Boat Commission has a
strategic plan. Rowe replied they do not, but noted many comparable agencies
across the country have strategic plans and the USFWS provides models. He
said the PA State Police have a strategic plan in place. Rowe noted the LFBC
has not been involved in other agencies as much as it has been in PGC, but commented
what is being asked is not extraordinary. Chairman Smith, noting he is retiring after this year,
suggested that members make a point to ask the status of the strategic plan
when PGC comes before the committee each year. He then commented that perhaps
the triennial audits should be more frequent, to which Durgin
commented three years is fine. The committee next heard from Carl G. Roe, Executive Director for the
PA Game Commission, who commented that problems initiating the strategic plan
revolve around the fact that they do not have enough money. He said
implementing the plan would require a budget of $81 to $83 million while the
Game Commission only has $68 million. He stressed that because most revenues
for the Commission come in during August, the Commission must have $15 to $20
million on hand in July in order to pay for their expenses until fall revenue
comes in. According to Roe, the Commission is anticipating a balance of $20.6
million in their account this summer. Roe also commented that hiring a
strategic planner is not a "panacea", explaining that the
organization structure needs to be changed and senior management needs to
"buy in" to the plan. He also cited many examples of progress made
in implementing the plan, including the development of management plans for
deer, turkey, elk and bear, the establishment of a Foundation that is
headquartered in Chairman Smith asked if the cost to implement the plan is
being used as an excuse. Roe indicated that is not the case, citing the many
steps PGC has already taken. Chairman Smith then asked how the organizational
change will occur. Roe replied PGC must take the time to plan and ensure
public money is being spent wisely to earn public trust. He said this will
happen over time as objectives are tied to individuals in PGC to achieve
results. Minority Chair Staback remarked this is about a lack of
commitment, not just a lack of resources and he expressed hope that Roe's
leadership will change this. He asked which recommendations will be met. Roe
replied PGC will work to integrate the plan into the daily workings of the
agency and into the budget as much as possible. He noted efforts to identify
core functions of the commission and to ensure they are not cut from the
budget. Specifically, Roe said habitat programs and the unfunded needs list
are priorities. Minority Chair Staback asked "what the future
holds" for the strategic plan. Roe replied the challenges will be
improving the process by creating energy within the agency and implementing
the plan. Minority Chair Staback asked if the goals of the plan could be
reached if money was not an issue. Roe replied not everything, noting that
those not achieved would be included in the strategic plan for 2008-13. Rep. Wilt commented the delay in implementing the
strategic plan can't solely be blamed on the previous executive director and
he asked about the role of the commissioners. Roe replied the plan is viewed
as an operational document, not a policy document, so the commissioners are
not involved. Rep. Wilt remained unconvinced, noting the plan is tied to the
budget. He then asked if the plan is expected to evolve into a policy
document. Roe replied it will become a policy document if the commissioners
set a policy to have the plan. Rep. Wilt replied that is the problem because
the commissioners are not "directing the ship" toward the plan. He
indicated if PGC implements the plan, the legislature would be more willing
to enact license fee increases because they would be able to justify the need
for the additional revenue. Rep. Goodman concurred with Rep. Wilt's comments,
remarking he cannot understand why the agency isn't looking ahead. He said
implementation efforts should begin at the top. He then commended the Commission
for utilizing zero-based budgeting and opined the Commonwealth should do the
same. Roe remarked the plan is still moving forward, but without resources
they have to establish priorities and focus resources there. Minority Chair Staback asked about the scientific review
of deer management practices. Roe explained a study published in a peer
review journal validated PGC's system and
techniques for deer management. He offered to provide that article to the
committee. Kimberly Hess, PLS PGC News Release: Release
#33-06 # # # 2/7/06 The House
Game and Fisheries Committee met to receive an annual update from the PA
Game Commission. Carl Roe, Executive Director of the Game Commission,
presented the Commission's
annual report and summarized its contents. He noted his goal is to make
the PA Game Commission the "preeminent wildlife agency in the
country," and detailed several challenges the commission must overcome
in order to attain that status. Roe offered several of the longstanding
objects of the agency. The first he discussed was habitat improvement, work
on which he noted is viewed "as the model for other public and private
lands." Roe also commented on the continuing efforts of the agency to
improve its customer service, and cited a new point-of-sale license system
which would eliminate time spent auditing and reporting under the paper
system, and would automatically generate accounting reports. Roe also
commented on the continuing issue of deer management in the state, and stated
that once deer harvest data is available in late March,
possible changes to season lengths will be considered. He also noted the
agency's biggest current challenge, financial solvency. Chairman Bruce Smith (R-York) cited the second paragraph
of the Annual Report, and asked Roe to provide examples of changes the Agency
has made to improve itself. Roe noted the agency's efforts to improve communications
and stress greater concern about public trust. The Chair cited the recent
action of the game commissioners regarding the weapon known as the atlatl, and noted it has caused much ridicule of the
committee and the commission. He asked what the professional staff's opinion
is of the atlatl. Roe explained the commissioners
decided to receive public input on the weapon, and found that 99% of the
public oppose it. Democratic Chairman Edward Staback (D-Lackawanna) asked
now that Mentor- Youth Hunting is in the statutes, will regulations begin to
be processed. Roe answered that a committee has already been put together,
with a voting to take place as soon as possible. Democratic Chair Staback
then noted recent news items related to alternative fuel, and asked about the
possibility of windmill farms on Game Land 300. Roe explained the agency has
established a protocol on the use of windmills on game land, and while he
stressed he does not want to maintain a "no, never" policy
regarding windmills, he explained offers must adhere to the strict protocols
in order to be considered. He added there have been a few studies on the
impact of windmills on animal life, and more are being done at the moment. Chairman Smith asked if there is money in windmill farms.
Roe said money is the main reason why such proposals are even considered. Rep. Dan Surra (D-Elk) noted the
Fish and Boat and Game Commissions both received money out of the Growing
Greener program, and asked if any money appropriated to the Game Commission was
spent on equipment. Roe explained that most of the first influx of money was
spend on bulldozers and other heavy machinery, with purchases totaling
roughly $5 million. Rep. Mark Keller (R-Perry) referred to the agency's
habitat work, and asked Roe how it addresses which plants are chosen to be
seeded. Roe explained that a committee was recently established by the
Governor to study the issue of invasive species to help the agency decide
what to use. Rep. Keller asked about the deer herds, and remarked that while
no one seems to object to the antler restriction, having a concurrent buck
and doe season seems to be an issue. Roe cited the three goals of the
agency's deer plan: having a healthy herd, having a healthy deer habitat, and
reducing deer/ human conflicts. Rep. Samuel Rohrer (R-Berks) asked if the agency has put
in safeguards as to what information is collected by automated licensing
machines when licensee's driver's license is scanned, and what assurances are
in place that the information is securely protected. Roe explained the only
data that would show up on a hunting license would be taken from someone's
driver's license, and added the agency plans to be in full compliance with
PA's security codes to ensure the safety of its members' information. Rep.
Rohrer asked if impact statements and other information about loss of
farmland due to deer hunting and other issues are available. Roe replied the
information is not in a nice package that would be easy to explain, but noted
the agency is cleaning up its measurements and making new ones that will be
more easily available. Rep. Tina Pickett (R-Bradford) asked what the Agency is
doing to reach local sportsmen on a grassroots level. Roe emphasized one of
the Game Commission's main objects is improved communications with the
public. He stated it has established a pilot citizen's task force to try and
maintain better relationships with sportsmen at large, and may expand the
program in the future. Rep. Pickett noted that some groups are saying
"the Game Commission owns the deer," and asked Roe to comment on
the quote. Roe remarked it seems to be an issue of responsibility, in the
same way PennDOT could be said to "own the
roads." Rep. Neal Goodman (D-Schuylkill) wondered why the
citizen's task force is still only a pilot program, as its potential for
success is so great, and also was curious where he should send his
constituents who say they no longer have a voice in the future of hunting.
Roe explained they want to proceed slowly with the citizen's task force
because they want to make sure people understand it is an
information-gathering process only. He added now is the best time for people
to express their concerns because the bag limits for next season have not yet
been set, and so their opinions can still be taken into consideration
immediately. Rep. Paul Costa (D-Allegheny) asked how many resident
adult licenses there are in PA. Roe replied there are 676,643 resident adult
licenses, and overall total licenses are down 6% this year. |