Pennsylvania Angler & Boater - July/August 2018 - 4

photo-Commissioner Eric C. Hussar

Straight

TALK
by John A. Arway

Executive Director
Pennsylvania Fish & Boat Commission

A Declaration of
Independence
A Declaration of Independence is an assertion of being
freed from outside control or governed by another entity. It
is fitting that I write this article for the July/August edition
of the Pennsylvania Angler & Boater magazine since the
United States Declaration of Independence was adopted
by the Second Continental Congress meeting at the
Pennsylvania State House (now known as Independence
Hall) in Philadelphia on July 4, 1776, 242 years ago. The
United States Declaration announced that the 13 American
colonies at war with the Kingdom of Great Britain would
now regard themselves as 13 independent sovereign states
no longer under British rule. With the Declaration, these
states formed a new nation-the United States of America.
Almost 100 countries and individual states have declared
their independence throughout the course of history (https://
en.wikipedia.org/wiki/Declaration_of_independence).
The Pennsylvania General Assembly created an
independent Board of Fish Commissioners when it passed
the Administrative Code of 1923, 95 years ago. Prior to that
time, the name of the agency was the Department of Fisheries,
most likely a part of the Executive Branch of government
within the Governor's Office and funded solely by general
funds. The legislature also created a funding mechanism for
the Commission when it created the first non-resident fishing
license in 1919 (50 were sold for $5.00 apiece) and the first
resident fishing license in 1922 (203,061 were sold for $1.00
apiece). These actions taken by our forefathers created a user
pay/user benefit model of state government that was totally
self-sufficient and still exists today.
In 1980, the Title 30 of the PA Consolidated Statutes
underwent a major recodification to become Act 1980-175
more commonly known as the Fish and Boat Code. Section
301(a) of the Code explicitly says that "The Pennsylvania
Fish and Boat Commission is continued as an independent
administrative commission and shall consist of ten competent
citizens of this Commonwealth who shall be appointed by the

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Pennsylvania Angler & Boater * July/August 2018	

Pennsylvania Fish & Boat Commission Executive Director
John A. Arway.

Governor by and with the advice and consent of a majority
of the members elected to the Senate." Furthermore, §302.
Executive Director. (a) Appointment and compensation states
that "The Commission shall appoint to serve at its pleasure
and, with the approval of the Governor, fix the compensation
of an executive director who shall be the chief executive
officer of the Commission and attend to its administrative
work and have charge of all activities under the jurisdiction
of the Commission. The executive director shall be the chief
Waterways Conservation Officer of the Commission and shall
have charge of, direct, supervise, and control all Waterways
Conservation Officers, Deputy Waterways Conservation
Officers and employees of the Commission. No member of
the Commission nor any person who has served as a member
thereof within one year shall be eligible for appointment
as executive director." This continues to be the governance
structure of the agency that effectively and efficiently protects,
conserves and enhances the Commonwealth's aquatic
resources and provides fishing and boating opportunities.
In 1923, the Pennsylvania General Assembly saw the need
to "separate" the Pennsylvania Fish & Boat Commission
(PFBC) from the rest of state government. Then, in 1980, it
reaffirmed the decision to keep the Commission independent
since the agency had proven successful in earning the
necessary revenues through license sales and boat registration
fees to meet the expectations of the anglers and boaters it
served. This business model of government continues to be
used by all state fish and wildlife agencies across the nation
and conforms to the North American Model of Wildlife
Conservation. This model was developed by sportsmen to
www.gonefishingpa.com
https://en.wikipedia.org/wiki/Declaration_of_independence https://en.wikipedia.org/wiki/Declaration_of_independence http://www.gonefishingpa.com
Table of Contents for the Digital Edition of Pennsylvania Angler & Boater - July/August 2018
