Public Trust Doctrine

[katqanna]

A week ago, after getting back from a working group in Missoula, I was pissed off at what I was seeing as a barrage of attacks on the public trust doctrine. While researching the PTD and Montana, I came across this document - The Role of State Wildlife Professionals Under the Public Trust Doctrine.

"The primary purpose of establishing commissions during the first half of the last century was to insulate decisions affecting the public's wildlife from the vagaries of partisan politics in the legislative arena or Governor's office. Horner argued this insulation from political influence is essential to effective application of the PTD...Not only was the court the origin of the PTD in American law (Bean and Rowland 1997), the judiciary is the people’s source of redress if the legislative or executive branches of government fail to perform their duties under the PTD "

In the ongoing saga keeping my knickers in a knot over our elk, and the upcoming elk lawsuit because of those many violations of public trust...

 

[Big Fin]

I might have some different interpretations of facts and draw different conclusions at times, but your cartoon is flat out hilarious. You might want to look into getting that thing published somewhere. Still laughing.

As to Horner's comment that Wildlife Commissions in the early part of the last century were the manner in which trustees (Commissioners) were insulated from political process held true. But, in the 1970's, the legislature and Governor changed who the Director reported to and who had final say in the FWP budget. End result, the Director now reports to the Governor and the FWP budget is approved by the Legislature. The power of the Commission today, compared to times prior to those changes, is pretty minimal.

That happened in many other states, not just Montana, in the 1970s and 1980s. Hardly a coincidence that since those changes, states have seen debates over wildlife and wildlife resources become much more political and social struggles, and a lot less biology and science discussions.

 

[katqanna]

Glad you enjoyed it Randy. Several from the cartoon brain trust contributed some ideas to flesh out my original sketch and thoughts, then the article added another point. There was also the repeated comment I have been hearing at gatherings, like this weekends PLWA annual and pig roast in Three Forks, of the FWL. Sportsmens conversations are inspiring.

When I found the PTD paper, I also found the Commissioner Guidebook, Understanding the Fish and Wildlife Commission’s role in strategic partnership with the Agency, the Director and Stakeholders. Project of the Association of Fish and Wildlife Agencies’
Management Assistance Team. I havent read it yet, might be an inspirational read, but then again it might just frustrate me, like waving Sex in Pan (ultimate 7 different chocolate dessert - death by dark chocolate - do not be fooled by recipes with cake or vanilla pudding in them) before my face and telling me I cant have a piece.