THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, May 6, 1995 TAG: 9505060333
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY SCOTT HARPER, STAFF WRITER
LENGTH: Medium: 73 lines
The Virginia director of conservation and recreation was cleared Friday of some of the legal pitfalls he faced after shooting two wild pigs at False Cape State Park with a .45-caliber handgun.
But Secretary of Natural Resources Becky Norton Dunlop said that questions remain in her review of conservation chief H. Kirby Burch and that more study and interviewing of witnesses is scheduled for next week.
``It's an issue we're concerned about and one that needs a complete review,'' Dunlop said late Friday. ``Obviously, we recognize the necessity of our people to conduct themselves properly.''
Burch, an avid hunter, killed the pigs Wednesday while leading a caravan of state officials to a dinner meeting at the remote state park in Virginia Beach. He stopped a train of three vehicles after spying the two pigs on the side of a dirt road, where he shot them, according to his office.
Burch has explained through a spokesman that department staff members called in advance about taking the pigs, which he wanted as fare for an upcoming barbecue honoring Virginia National Guardsmen.
Shooting wildlife in state parks is generally prohibited. But at False Cape, limited hunts of wild pig and deer are allowed briefly each fall. Only hunters with a license and special permit may participate.
Among other conclusions Friday, Dunlop determined that Burch did not violate a state personnel rule that bars employees from carrying weapons on the job. She reasoned that because Burch oversees state park officers who are exempt from the provision, he, too, could legally carry a weapon.
In a two-page statement summarizing a daylong fact-finding study, Dunlop also reported that the U.S. Fish and Wildlife Service has dropped its investigation of Burch for possible federal law violations.
The agency had been examining an anonymous complaint that Burch actually had killed the pigs at Back Bay National Wildlife Refuge, which adjoins False Cape at the sandy southern tip of Virginia Beach.
Dunlop's summary also included a quote from Bill Woodfin, director of the state Department of Game and Inland Fisheries, which regulates hunting in Virginia, indicating that Burch had not violated any rules governing wildlife.
Asked if this meant Burch was cleared of all possible hunting violations, Dunlop said she was not sure.
She explained that because the pigs are managed as a nuisance species at False Cape, controlling their numbers is a state park matter under the Department of Conservation and Recreation, not a hunting issue under the Department of Game and Inland Fisheries.
And further, because Burch is the head of state parks, his actions last week can be construed as a ``senior management decision'' regarding the pigs, Dunlop said.
Still, she said, legal questions remain to be answered about firing a weapon inside a state park and about rules on shooting animals near a road.
Dunlop conceded that she is worried about the public's perception of the incident, but added, ``that's why we really want to get all the facts. We don't want to make any judgments about this until we know the facts.''
The wild pigs are descendants of domesticated pigs that once lived on farms on the Atlantic coast. They are hairy and usually black, and they can weigh upwards of 200 pounds. They are shy and often are hard to find. But they cause damage to wildlife habitat at the park by their routine rooting for food.
Dunlop said the pigs have been killed for barbecues before, noting kills in 1990 and 1992 by False Cape officers for visiting legislators.
Before his appointment last summer by Gov. George Allen, Burch was an employment security coordinator at the Virginia Employment Commission. He helped raise money for Allen during the 1993 gubernatorial campaign through a group called Sportsmen For Allen.
Burch and Allen are known to hunt bear together during the fall season, according to colleagues. by CNB