Pennsylvania Angler & Boater - May/June 2014 - 5

which government must abide." Here they cite Professor John
Dernbach who wrote "the measure of our progress is not just
what we have but how we live, that it is not man who must
adapt himself to technology but technology which must be
adapted to man." 1
The second and third clauses of Section 27 involve the
public trust and reserves the public's right to the common
ownership of Pennsylvania's public natural resources,
including generations yet to come. These resources generally
include resources of public interest such as "ambient air,
surface and ground water, wild flora, and fauna (including
fish)" since the drafters wanted "to capture the full array of
resources implicating the public interest, as these may be
defined by statute or at common law."
The third clause of Section 27 establishes the
Commonwealth's duties consistent with the public trust
doctrine and "designates "the Commonwealth" as trustee
and the people as the named beneficiaries." This is our
insurance policy, so-to-speak, to insure that our air stays safe
to breathe, our water remains safe to drink and our natural
resources continue to be protected for future generations
and ourselves. The court reminded us that those "duties and
powers attendant to the trust are not vested exclusively in
any single branch of Pennsylvania's government." When I
became Executive Director of the Pennsylvania Fish & Boat
Commission in 2010 and took my Constitutional Oath of
Office, I remembered that day in the voting booth in 1971 and
am now very proud to be able to be part of the government
that upholds this constitutional obligation.
The court's plurality opinion goes on to remind us about
various environmental events that led to our decision to

The mission of the Pennsylvania Fish & Boat
Commission is to protect, conserve and enhance
the Commonwealth's aquatic resources and provide
fishing and boating opportunities.

place our environmental rights on par with our political rights.
Deforestation of our landscape in the late 1800s and early 1900s
filled our streams with sediment and left behind "thousands of
acres of devastated treeless acres" devoid of game and wildlife.
Next, came the "industrial exploitation of Pennsylvania's
coalfields," which fueled our steel mills along our major rivers.
This industrial revolution left us with over 2,500 miles of
streams polluted by acid mine drainage and rivers that would
not freeze over in the winter because of a mixture of chemical
antifreeze and thermal pollution. Our generation began the
clean up of our air and water, which led to the partial recovery
of our natural resources. We can thank a variety of state and
federal laws and regulations that placed necessary controls on
industries that posed risk to our environment.
When I and 1,021,341 other common owners of the
Commonwealth's public resources voted for this constitutional
amendment in 1971, we believed that it would make a
difference. Up until now, we have placed our trust and
confidence in primarily two branches of government to fulfill
the duty that is required by Article 1,
Section 27. Although this recent court
opinion is from a plurality of justices,
which could change to a majority
or a minority with just one vote,
we should regard this opinion as a
shot across our proverbial bow and
listen closely to the sound advice
provided to us by this decision as we
face the challenges of our future.

Your Director,
><(John{(°>

1See John C. Dernbach, Taking the Pennsylvania Constitution
Seriously When It Protects the Environment: Part I - An
Interpretive Framework for Article I, Section 27, 103 Dickinson
L. Rev. 693, 718-20 (1999); accord 1970 Pa. Legislative JournalHouse at 2270.

In addition to their annual license, anglers fishing in Pennsylvania can
purchase a fishing license for three years or five years with just one purchase.
Each multi-year license buyer is eligible to receive rewards, including
receiving a free subscription to the new digital version of
Pennsylvania Angler & Boater magazine. Resident, nonresident and senior resident licenses and permits are
available for multi-year purchase. Alternate display
fishing license buttons are also available for individual year
purchases. For more information, see page 60.
PFBC website: www.fishandboat.com

Visit:

www.GoneFishingPa.com
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