94 Pa. Commw. 14 | Pa. Commw. Ct. | 1985
Opinion by
Steve Wayne Bonham (Petitioner) appeals from the decision of the Pennsylvania Game Coinmission (Commission) which revoked Petitioner’s hunting and trapping license for a period of one year. On June 28, 1984, Petitioner received a citation for using a motor vehicle to hunt ground hogs, in violation of Section 704(f) of the Game Law,
The discretionary acts of an agency can be reversed only where it has acted in bad faith, fraudulently or capriciously or committed a manifest abuse of its power, Karbeck v. Department of Transportation, Bureau of Traffic Safety, 74 Pa. Commonwealth Ct. 300, 459 A.2d 908 (1983). Based upon the facts of this ease, we cannot conclude that the refusal to modify the one-year suspension amounted to an abuse of discretion.
While we are aware of the hardship this revocation might place upon Petitioner in his capacity as caretaker of a large farm, we cannot substitute our own judgment for that of the Commission. The mere fact that this Court might have reached a different result is not sufficient to warrant the reversal of the administrative decision. See Slania v. Sheppard, 27 Pa. Commonwealth Ct. 376, 366 A.2d 963 (1976).
Accordingly, the order of the Commission revoking Petitioner’s license is hereby affirmed.
Order
Now, December 27, 1985, the order of the Pennsylvania Game Commission, dated April 2,1985, is hereby affirmed.
Act of June 3, 1937, P.L. 1225, as amended, Section 704(f) states in pertinent part that:
It shall be unlawful to hunt for or pursue or to follow game of any kind with any vehicle, ... or to use any vehicle . . . for the killing, wounding or catching of game of any kind. . . .
Our scope of review of the decision of the • Commission is limited to determining whether an error of law has been committed,'
Previously, our review in cases involving the Commission was of the decision of the court of common pleas, since a former section of the Game Law provided for a de novo appeal to that court. Section 315(g) of the Game Law, formerly 34 P.S. §1311.315(6), repealed by Section 2(a) [1192] of the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, as amended, 42 P.S. §20002(a) [1192], See DeMarteleire v. Pennsylvania Game Commission, 68 Pa. Commonwealth Ct. 613, 449 A.2d 882 (1982).
34 P.S. §1311.315(3).
Because groundhogs are such a gnawing problem for farmers, Section 703(e) of the Game Law permits:
That woodchucks, commonly called groundhogs, may be dug out of their dens or killed, in any manner, at any time, by landowners or occupants of farms, or by members of their family, or hired help, when such dens are located in their cultivated fields. ... .
34 P.S. §1311.703(e)..
See supra, note 1.