The Pennsylvania Game Commission is responsible for regulating hunting at fenced preserves, the state Supreme Court said in a recent ruling.
But the court didn't say exactly how the commission should do that.
The 4-1 ruling said wild boar, which are often confined in commercial hunting preserves, are to be considered protected wild mammals subject to the commission's regulations.
The lawsuit was brought by the Pennsylvania Legislative Animal Network to force the Game Commission to investigate alleged Game and Wildlife Code violations at the Tioga Boar Hunting Preserve, near Tioga, Pa. A lower court had agreed with the Game Commission's argument that it did not have jurisdiction to enforce those codes at Tioga or other private preserves, but the high court ruled that interpretation was at odds with the language of the law.
"We reject the commission's attempt to identify wild boar as 'domestic' by reclassifying it without any authority, legal or taxonomical, as a member of the supposed 'pig family,' " wrote Justice Max Baer for the majority. "Thus, wild boar necessarily are 'wild animals' under the Game and Wildlife Code."
The majority opinion also said it expected the commission to consider whether any of the other species hunted at Tioga also are subject to game regulations.
The 1,500-acre preserve, near Tioga along the New York border, is one of many Pennsylvania game farms that let customers hunt such exotic, non-native prey as boar, elk, ram and buffalo. Boar are the most popular quarry at Tioga, but hunters there can also can pursue deer, sheep, goat, turkey, buffalo or elk.
Pennsylvania Legislative Animal Network board member Johnna Seeton said the Pennsylvania court decision was a step toward the group's goal of ending so-called canned hunts. More than 20 states enforce at least partial bans on canned hunts for mammals.
"I think that the Game Commission will hopefully phase out wild boars in Pennsylvania," said Seeton. "They're not indigenous to the state, and I don't think they'll consider them fair chase if they're in an enclosed area."
Mike Gee, vice president and manager of the Tioga hunting preserve, said he was not overly worried about having the Game Commission issue regulations for his business.
"I'm sure they probably won't all be acceptable, but I guess they'll be as fair as we can deal with," he said. "Sometimes there's not a lot of options."
In compliance with the ruling, on Friday Game Commission executive director Carl G. Roe began the process of developing regulations for the incidental taking of wild boars during certain hunting seasons. The draft regulations are expected to be ready for the Board of Game Commissioners to consider as part of its Jan. 29 meeting agenda.
"[The] Supreme Court ruling, in effect, classified wild boars as 'protected mammals,' " Roe said. "Prior to the court's ruling, the Game Commission had no regulatory oversight or authority for wild boars. Now, we are seeking to clarify and appropriately regulate the protection of wild boars that was put in place by the court."
Statewide, boars sometimes escape from fenced hunting preserves, impacting local habitat and other species. Wild boars are not native to Pennsylvania and are classified an invasive species by the Pennsylvania Invasive Species Council.
Members of the Penn's Woods West chapter of Trout Unlimited are tying off threads in preparation for the annual Great Fly Sale. Dry flies, wet flies, steelhead flies, nymphs and streamer patterns ? all hand-tied by talented TU members ? are available to members and the public for $5 per half dozen. The fundraiser supports the group's newsletter and conservation projects. The event includes fly tying demonstrations and is held in conjunction with the chapter's regular monthly meeting at 7 p.m., Jan. 14, at the Brentwood VFW Post 1810, 3801 Clairton Blvd. at Rt. 51 and Marlea Street in Brentwood. For details call 412-761-9762.
Members of the Gem City Outdoorsmen Club and Flytiers presented gift baskets to 40 Erie-area landowners, in thanks for allowing anglers access to their streamside properties.
The Gem City club, Pennsylvania Steelhead Association and Northwest Trout Unlimited each kicked in $300 for the baskets.
"We just knocked on their doors and said thanks for letting us fish on your property," said Jim Sharpe, of Girard. "Everybody was thrilled."
Sharpe said he hopes to expand the "thank you" program in 2008.