Wildlife Commissioners Refuse Comment on Legislative Soap Opera - and Response (6)

"...it has been driven solely by egos, and a desire for political retribution."

Editorial Opinion - To submit your response to this opinion, send an E-MAIL. Opinions will not be posted unless you include your first and last name, and town as well as your phone number where we may call you for verification. Do not write in all caps. We will not publish phone numbers and you can request that your email address not be published. Responses will be added at the end of this piece.

Tennessee Wildlife Resources Commissioners (TWRC) are opting to keep quiet in the wake of weeks of criticism from some members of the Tennessee House of Representatives. It all began March 19, when at the direction of House Speaker Kent Williams, Rep. Susan Lynn withdrew HB 2460, the "Sunset Bill" which basically keeps the Tennessee Wildlife Resources Agency in existence for at least four more years. The passage of such bills for every state agency is normally a routine procedural matter.

Legislators provided mostly lip service to the exact reason why they threatened to let the sun set on TWRA, but over time it became clear that some of them were upset with the TWRC, the governing body over TWRA which sets all wildlife rules and regulations.

Part of the displeasure came from a new smallmouth bass size limit TWRC set on Norris Lake, at the suggestion of an advisory committee including Norris Lake politicians, businessmen and fishermen. But once the regulation was passed, a tidal wave of protest began that made its way all the way to Nashville. And that issue seemed to provide impetus for other legislators to "pile on," many of which have never been fans of the wildlife agency or commission anyway.

The displeasure seemed to come to a head Wednesday night (April 14) on the floor of the House. During debate over the Sunset Bill and proposed amendments, Rep. Frank Nicely (R - Knoxville) made it clear he was upset because, according to him, the TWRC made very public and very derogatory remarks about Legislators. He bragged about having the comments on tape, even suggesting they be played for the entire House. Rep. Nicely said in a previous interview, "They let their mockingbird mouth get out of control. But it’ll all work out. We’ll give it back. We’re just letting ’em sit in a corner for a while. It’s time out.”

Monty Holcomb, a Tennessee sportsman retired from the U.S. Fish & Wildlife Service said, "What disturbs me about Mr. Nicely's comments and motives are his and a few other Legislator's professional opinion that "two wrongs make a right." These Legislators aren't just creating unnecessary problems with the TWRC and TWRA, they're causing concerns for many of us hunters, anglers, and non-consumptive wildlife users. The position that it's okay to bully someone because they haven't shown you proper respect is what those of us who have taught ethics call the 'theory of relative filth.' In other words, it's perfectly justifiable to act inappropriately because someone else has acted inappropriately."

Vote on TWRA's Sunset Bill was delayed at least one week following Wednesday's debate, leaving Tennessee sportsmen to continue wondering about the future of the Agency they trust to care for our most precious wildlife resources.

Most sadly, none of this debacle has been driven by Legislators concern for the protection of Tennessee's wildlife resources. Instead it has been driven solely by egos, and a desire for political retribution.

Tennessee sportsmen deserve better than that... and in my opinion, we deserve a wildlife resources commission willing to stand up to such bullying, or at the very least, explain why they won't. Instead, it seems that the TWRC is going to stay in their corner and accept their "time out" from legislators passively and without question.

Since Wednesday night I have contacted six wildlife commissioners seeking their comment on the actions and statements of legislators in recent weeks. Without fail, each and every commissioner has directly or indirectly delivered a "No Comment."

Mike Hayes, the wildlife commissioner from Reelfoot Lake came closest to actually saying anything meaningful. He said that in general, "I've felt like I've always had good communication with legislators and everybody. My phone number is out there, my e-mail is out there and I'll talk to anybody about anything."

Except apparently regarding the comments of Rep. Nicely and the so-called "tape." Hayes said, "I'm familiar with it, but can't remember the details of what was said or who said it."

And as to Rep. Nicely's jabs at the TWRC, Hayes said, "I don't have any comment (on that) right now."

William Brown is the wildlife commissioner from Chattanooga. In June, shortly after his appointment, Brown provided his e-mail address and phone number to be published in Chattanoogan.com Outdoors and he pledged to "be responsive to the outdoorsmen."

Brown did return my phone call and replied to an e-mail, but only to say, "No Comment."

When initially contacted, Dr. Jeff McMillin from Bristol was at work and said he wasn't up-to-speed on the actions on the House floor Wednesday night. He promised to get up to speed and call me back. He did, but only to say, "No Comment."

Commissioner Julie Schuster replied via e-mail saying, "Sorry Richard. No comment for now."

Other commissioners, including the Chairman Michael Chase, have been contacted via e-mail and/or phone messages. None have replied to e-mail nor returned calls.

Wildlife commissioners are refusing to stand up and publicly defend themselves at a time when sportsmen deserve to hear from them. One is only left to assume that perhaps they feel they deserve the harsh words and actions from legislators?

Regardless, the sportsmen of Tennessee must sit back and watch as our wildlife resources and wildlife managers are used as pawns in a political chess match. We can only wonder when, if, or how this ridiculous soap opera will be resolved. Perhaps it will be this coming Wednesday when HB 2460 is scheduled to return to the House floor for a vote.

One commissioner did tell me they expect the Norris Lake Advisory Committee to convene again soon... and reading between the lines, it seemed clear that he hoped the committee would change its mind about the Norris smallmouth regulation, providing the TWRC with an excuse to change its mind.

The Tennessee Wildlife Resources Commission system was created decades ago at the bequest of sportsmen... intended to serve as a "buffer" between our wildlife and politicians. While many state wildlife agencies report directly to the Governor and legislators all the time, the goal in Tennessee was to establish longterm, proper management of our wildlife resources which would NOT be subjected to the whims of partisan politics which ebb and flow with every election cycle.

It is clear to me that, at least in this case, that effort has failed.
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RESPONSES
Soap Opry is more appropriate for what has been happening in the joust for control of wildlife regulations in Tennessee.

By the way, Tennessee is not unique in this situation if one looks around the country.

Nor is it unique in what the national polls are showing about distrust for public officials. A good country song could come out of all this.

As a Life Member of Tennessee Wildlife Federation, former employee of TWRA and retired employee of one of our largest national wildlife non-profits, I have seen sound, scientific wildlife management take a stronger foothold on managing our state and nation's environment. I've also witnessed over 40 years of a wrestling match between the Tennessee legislature and TWRA.

What many don't know and haven't seen are the times prior to 1950 when "county laws" were enacted to satisfy powerful and corrupt officials and so-called sportsmen. Hunters and fishermen needed a dictionary-sized copy of the regulations for each of the 95 counties in order to stay legal. Most of those laws had no scientific basis, just whims of local folks who wanted their own set of rules for favorite sport and quarry (sound familiar?).

The former Tennessee Conservation League, now Tennessee Wildlife Federation, headed the fight to take the wildlife agency (then called Game & Fish Commission) out of politics in 1949 so they could manage our wildlife without borders or bias. Over the years, the Commission has stumbled and kowtowed because of their political appointment status, but overall the Agency has endured. Sound, scientific principals of wildlife management have prevailed for the most part.

Human Nature will continue to be an impediment, and sometimes an asset, to the progress of our management of Mother Nature. The sad part of all this is that those who complain do not realize why misdirected notions of how we should manage wildlife could also produce environmental catastrophes and demise of their disputed species. Whether it's the slot size, antler size, beard length, or length of seasons, there will always be those who dissent. This nation boasts of the freedom to dissent. But there are bigger fish to fry in the form of water pollution, urban encroachment, monoculture farming and sporting ethics.

The Agency's efforts to preserve our environment and all of it's creatures essentially goes unheralded while nitpicking diverts their time and resources. Somebody stand up for common sense!

Larry Richardson
Waverly, TN
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I am 61-years old, and, have hunted, and, fished all my life. I have attended TWRC meetings for many years, particularly, the May meeting where the Fall hunting seasons, and, bag limits are set. Most of us have learned, through experience, that attending a Commission meeting is, for the most part, a waste of time. If one goes to the meeting with the intention of "challenging" a TWRA "proposal," or, trying to change a rule, or, regulation, they better have an "army" of "like minded" individuals with you, or, it will be an exercise in futility. You will be allowed to "state your case" in front of the Commission. But, without the "army" to back you up, you will find out that the TWRA "knows best" how to manage "your" wildife resources. And, despite the fact that your exhorbitant license fees go to pay the Agency salaries, you will find out that the Commission, as a general rule, "always" agrees with the TWRA, and, "rubber stamps" everything they want!

Consequently, I have followed this controversy between the Commission, and, members of the Legislature very closely. In the last couple of weeks, I have communicated with serveral Representatives regarding this issue. The smallmouth bass limit at Norris lake, and, Commissioners allegedly "bad-mouthing" our Representatives, may be the "sparks" that "started the fire." But, from what I have read, and, heard, constant complaints from sportsmen, to our Legislators, about the TWRA, and, the Commission, have "fanned the flames!" Apparently, despite what "some" would have us believe, there are a number of sportsmen who are dissatisfied with the way TWRA manages our wildlife resources. And, they are not happy about a lack of communication between the Commission, and, those of us who buy the licenses, and, pay the Agency salaries.

Nevertheless, anytime the TWRA, or, Commission, gets involved in a controversy, the Agency "cheerleaders" rush to their defense. In this case, the "defenders" are trying to turn this issue "around," and, make it look like our Legislators are the "bad guys," rather than the Commission, and, the Agency. On the contrary, our Representatives are doing exactly what we elected them to do. They are responding to complaints from their constituents, about the Agency, and, Commission, and, taking appropriate action!

In my opinion, and, that of others, this is long overdue! A governing body, like the Commission, with the power to make rules, and, regulations, whose members are "appointed," not "elected," that has no one to answer to, and, no one to hold them accountable for their decisions, will eventually overstep their bounds. The silence of these Commissioners "speaks volumns." Apparently, they never thought their omnipotence would be in jeopardy!

Larry Elam
Chattanooga, TN
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When Chuck Swan, my uncle, was appointed as Commissioner of Conservation for Tennessee in the late 1940s and early 1950s era, he was excited to be a part of separating politics from wildlife conservation. Now it seems that the good work he and others started in that era is slowly being undone by childish legislators..... namely Nicely and Craig Faulkner. I was in the meeting with Richard Floyd, who is a Legislator from our area when he said that they must have thick skin or go home. Apparently their feelings are only skin deep.

Rep. Faulkner is a freshman Legislator from the Norris area and has made a promise he is having trouble keeping. TWRA held five public hearings at the Norris area receiving comments about the slot limit on smallmouth bass, and the response was overwhelming in favor of doing so. Then several tournament fishermen went to Faulkner and asked him to get the limits removed. It seems that in the areas where the slot limits have been enforced, fishing becomes more of a year around event and benefits local merchants and marinas. But, let's bring politics back into managing wildlife in our state and let "know it all" representatives tell our sportsmen what they can and cannot harvest. That will then bring us back to the era of politicians dictating policies. We should ban together and donate money and our time to keeping a freshman legislator from becoming a sophomore. Two elected officials need to be unelected, and it can be done. Let's send Nicely and Faulkner home permanently!

Bill Swan
President, Chattanooga Area Chapter Safari Club
2009 SCI Chapter of the Year
2009 Tennessee Wildlife Federation Conservation Organization of the Year
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The (wildlife) commissioners are more like Timex watches--they've taken a licking and kept on ticking, while standing their ground, keeping their regulation, the agency itself will survive and they all keep their unpaid, appointed positions. And they've done it while refusing to give in to a jerk who wanted to mud wrestle. If anyone's been taught to stand in a corner it's Nicely.

But this is politics in an agency that should and is quietly resisting the pressure and standing their ground. At this point the commissioners are standing firm, when they would have liked to have fought back, and would have had the survival of the Agency not been better served by expressing their strength by being quiet.

Respect them for not stooping to Nicely's level and not giving him the satisfaction of having won anything. In the end he loses, and maybe next time he'll have learned to keep his mouth shut, or that the voters will do it for him.

After the storm has passed a little longer, you might want to thank them for the strength of their silence. During Nicely's next campaign, maybe you will remind the voters of what a jerk they sent to the capital to misrepresent them. And maybe by then you will have seen the wisdom of the strength in silence. Maybe your story becomes an editorial on quietly withstanding the pressure and standing strong against playing politics. If you help remind Mr. Nicely why he lost his reelection, you will have your vengeance, celebrate the agency's strength and give pause to the next guy who doesn't like a 2" change in a slot limit.

Wilson Burton
Nashville, Tenn.
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None of the sportsmen that I know of wants to see the demise of TWRA nor do they want the alternative, whether they realize it or not. The current sytem of wildlife management for Tennessee can indeed work, but only if there is a two-way street of communication between sportsmen and TWRA, which has not been the case for many years. So much of what is handed down from TWRA and TWRC is done behind closed doors before the public is ever aware of what is to come. The smallmouth issue is a prime example. TWRA claims to want public comment on issues such as smallmouth, but they make it very difficult for debate to occur. They know very well where the support and where the objection will be and they are careful to control the volume of each side of an issue. Had they made a sincere effort to gather public opinion regarding smallmouth and other issues before shoving regulations down the throats of sportsmen, we may not even be having this discussion.

The TWRC only uses what information is spoon-fed to them by the Agency itself, which quite often is based upon the personal agendas of the executives proposing a regulation change or addition. The commission does not always know this and finds themselves in a precarious position of defending things they do not have complete information on. Perhaps this is why they are not commenting. They may be as frustrated as the sportsmen are.

Jim Richardson
Johnson City, Tenn.
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It has angered me to see the soap opera develop in Nashville. I was at the legislature on March 31 as part of the Sportsmen on the Hill with the Tennessee Wildlife Federation. I spoke with numerous Representatives and Senators who all stated this would blow over. As we have seen in the last few days, it is not. The part that bothers me more than anything else, is the TWRA receives no funding from the General Fund of the State of Tennessee. None of the millions of dollars that we create with our outdoor dollars goes to help fund the agency managing the resources we love. The funding comes from us, the license buyers and some federal funds. I do not feel like the legislature has "skin in the game".

I have been going to Nashville years to "lobby" on behalf of the hunting and fishing sports. I have always had a deep respect for the elected officials whether I agreed or disagreed with a particular issue. But this has gone too far. While I may not always agree with the TWRC, or even like some of the things they do, it is a much better solution than letting every obligated politican try to control their wildlife kingdom.

Representative Richard Floyd of Chattanooga told me in Nashville; "If you do not have tough skin in this business, you don't need to be here." He was speaking in general and not about any particular legislator. I think Representative Faulkner, Nicely and a few others that have had their feelings hurt should step back and look how ignorant this all seems to the everyday outdoors person. Not only are they putting the license buying public off; but what about the 800+ employees of the TWRA.

Tony Sanders
Hixson, TN
tony@tonysandersoutdoors.com
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