THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, May 5, 1995 TAG: 9505050562
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY SCOTT HARPER, STAFF WRITER
LENGTH: Medium: 86 lines
Top state officials are examining whether the Virginia director of conservation and recreation broke hunting and personnel rules when he pulled a handgun last week and killed two wild pigs at False Cape State Park.
Secretary of Natural Resources Becky Norton Dunlop was ``reviewing everything'' late Thursday related to the incident and the conduct of conservation director H. Kirby Burch, according to spokeswoman Julie Overy.
Dunlop hopes to make a decision about any possible disciplinary actions today, but so far has found ``no reason to do anything drastic,'' Overy said.
The secretary talked to Burch by phone Thursday morning after it was disclosed that he stopped his car to shoot two pigs with a handgun while leading a caravan of state officials to False Cape in Virginia Beach last Wednesday.
Burch has explained through a spokesman that the pigs were intended to feed Virginia National Guardsmen at an upcoming barbeque in their honor.
Wild pigs, like other species at state parks, are almost always off-limits to hunting. At False Cape, limited hunts are scheduled each fall to control the pig population. Only licensed hunters with a special permit may participate.
The state Department of Game and Inland Fisheries, which regulates hunting in Virginia, also is reviewing the case for possible violations, said assistant chief of law enforcement Maj. Louis Brandt.
Brandt refused to discuss his review nor would he say what hunting rules and penalties are in place at False Cape.
State Del. A. Victor Thomas, D-Roanoke, chairman of the House committee on conservation and natural resources, said he was surprised by the incident and called the director of game and inland fisheries to ask for a thorough review.
``I know Kirby, and I know he loves to hunt,'' said Thomas, a longtime hunters' rights advocate in the General Assembly. ``I just assumed he would have gotten his permit for this.''
Burch was in Virginia Beach last week for a conference with state park managers. Overy said he called ahead to inquire about obtaining a pig for the barbeque.
At that time, Overy said, Burch was not thinking about killing a pig himself, but rather about a False Cape ranger shooting one for him.
When no pig had been taken when he arrived, Burch began scouting for one himself, she said.
Virginia imposes numerous controls on hunting and carrying firearms in state parks.
According to a state brochure on hunting and trapping rules for 1994-95:
Loaded weapons are banned in state parks outside ``designated areas'' set aside for controlled hunts. Last Wednesday there was no controlled hunt for pigs.
It is unlawful to hunt within 100 yards of a road with a firearm. Burch spokesman Gary Waugh has said the director got out of his car on a narrow dirt road when he spotted the pigs and shot them.
The penalties for hunting violations include fines, loss of a hunting license and forfeiture of a weapon used in illegal hunting, according to the brochure.
Fred Adams, head of the Virginia Beach chapter of the Sierra Club, said he was preparing to write a letter of protest to Gov. George F. Allen, who appointed Burch to the post last June.
The Sierra Club head said that while he has not always agreed with Burch on certain issues, he has respected his directness.
``But you can't just go onto a state park and shoot,'' Adams said. ``You can't do it; I can't do it; no one can do it. I'm very disappointed.''
Burch, field operations director for a group called Sportmen For Allen during the 1993 gubernatorial campaign, is an avid hunter and active Republican Party member.
He was an employment security coordinator for the Virginia Employment Commission prior to his appointment by Allen last summer.
Burch maintains a concealed-weapons permit in his home county of Powhatan, according to state police.
He obtained the permit to carry any weapon in August 1993; the permit is good for two years, police said.
State personnel rules bar employees from carrying a firearm or weapon on state time - unless that employee is an authorized peace officer or needs one as part of the job, such as a park ranger.
Overy said the secretary of natural resources is trying to determine if that exemption applies to Burch, since he technically is in charge of park rangers. by CNB