Bill Text: NJ A4083 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes certain requirements for trapping of snapping turtles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-23 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A4083 Detail]
Download: New_Jersey-2010-A4083-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Establishes certain requirements for trapping of snapping turtles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the trapping of snapping turtles, and supplementing Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Authorized inspector" means a conservation officer or any other person who has been authorized to conduct a physical inspection of a turtle trap in accordance with the provisions of section 9 of this act.
"Basking trap" means a box trap, the top of which remains exposed above the water line through the use of floatation devices, and which trap has one or more openings on its top side, is completely closed on all other sides, and is used to trap aquatic turtles by luring them, either with or without attractants, over partially-submerged wire ramps to a basking spot atop the trap.
"Hoop net trap" means a long, bag-shaped fishing net, including a fyke net, which (1) has an opening at one end, (2) is held open by a series of hoops, (3) is submerged horizontally in the water for the purpose of trapping, and (4) is fitted with a cone-shaped funneling device that allows a turtle to freely enter the trap while preventing its escape therefrom.
"Owner of a turtle trap" or "trap owner" means the permittee who set and is responsible for tending a turtle trap, and who is identified on the metal tag that has been attached to the trap in accordance with the provisions of subsection e. of section 4 of this act.
"Stretch measure" means the distance between the extreme angles of any single square of mesh.
"Turtle trap" means a basking trap or hoop net trap that is used for the purposes of trapping snapping turtles.
"Turtle trapping permittee" or "permittee" means a person who has obtained a permit to trap snapping turtles, in accordance with the provisions of section 3 of this act.
2. No person shall catch, take, kill or have in possession any snapping turtle except in accordance with the provisions of this act, the rules and regulations adopted pursuant thereto, and any relevant provisions of the State Fish and Game Code.
3. a. Any person who traps a snapping turtle in the State shall have in their possession a snapping turtle trapping permit. The division may charge a fee of $17 for each permit issued, except that a person under the age of 16 shall be charged a fee of $8. A snapping turtle trapping permit issued hereunder shall be valid for two years from the date of issuance. The amount remitted to the State Treasury for snapping turtle trapping permits shall be deposited to the credit of the "hunters' and anglers' license fund."
b. (1) A person applying for a snapping turtle trapping permit under this section shall indicate to the division the bodies of water in which the turtle trapping activities will, or may, be conducted. The division may authorize the trapping of snapping turtles in any or all of the bodies of water identified in the permit application.
(2) The division shall keep a record identifying: (a) the bodies of water in which any and all permittees have been authorized to engage in snapping turtle trapping activities pursuant to this subsection, and (b) the name of each permittee who has received authorization from the division to trap in each body of water.
c. The division shall develop training or instructional materials, which are designed to inform permittees of the provisions of this act and any rules or regulations adopted pursuant thereto, including the penalties for non-compliance therewith. The division shall make these materials available on its Internet website, and shall distribute them to permittees whenever a snapping turtle permit is issued in accordance with this act. The division may, in its discretion, additionally require participation in a trapping training course as a prerequisite for the issuance of a permit under this section.
4. a. No person shall take a snapping turtle by any method other than by hand, hook, spear, dip net of no more than 24 inches in diameter, or turtle trap. Any turtle trap shall be constructed and utilized in accordance with the requirements of this section.
b. A hoop net trap may not be used to trap snapping turtles unless it is:
(1) constructed of no less than six-inch stretch measure mesh or netting, or fitted with at least four underwater escape holes, each having no less than a six-inch stretch measure, to provide non-target or immature turtles a means of unrestricted egress;
(2) constructed of mesh or netting that is made of nylon or other stretchable fabric, but not of wire;
(3) set without the use of leads or wings; and
(4) set in a manner that allows at least two inches of the trap to remain exposed, at all times, above the surface of the water. The existence of one or more deceased turtles within a hoop net trap shall be prima facie evidence of violation of this paragraph.
c. A basking trap may be used for snapping turtle trapping purposes subject only to the following conditions:
(1) A basking trap's floatation devices shall: (a) be constructed of high quality solid foam or hard plastic; (b) have sufficient strength to support the weight of the trap and keep it afloat for at least 24 hours; and (c) remain attached to the trap at all times while the trap is in the water.
(2) Prior to setting a basking trap, a permittee shall inspect the trap's floatation devices for excessive wear, tears, holes, or air seepage. If the permittee observes any tearing, holes, excessive wear, or air seepage, the basking trap shall not be used by the permittee for trapping purposes unless and until new floatation devices are attached to the trap, and an inspection of the new floatation devices has been conducted by the permittee pursuant to this paragraph.
d. A permittee shall lift a turtle trap from the water and remove its entrapped contents at least once every 24 hours.
e. Each turtle trap used by a permittee shall have attached thereto a stamped or engraved metal tag bearing the permittee's name and address. The identification tag shall be attached to the trap in a manner that allows it to remain visible, at all times, above the waterline where the trap is set.
5. a. The State's conservation officers shall conduct periodic, random investigations of the bodies of water in which turtle trapping has been authorized pursuant to this act, in order to determine compliance with, and enforce, its provisions.
b. A conservation officer may cause a turtle trap to be removed from the water and a physical inspection to be undertaken thereof, in accordance with the provisions of section 9 of this act, upon reasonable belief that the trap has been set or constructed in violation of the provisions of this act. A permittee shall comply with any orders made by a conservation officer in relation to the removal from the water or physical inspection of a trap as authorized by this subsection.
6. a. No person shall remove any captured specimens from a turtle trap unless the person is an authorized inspector, is the owner of the trap, or has been expressly authorized by a conservation officer to take such action, in accordance with the provisions of paragraph (3) of subsection c. of section 7 of this act.
b. Except as otherwise expressly provided by a conservation officer, a person who lawfully removes captured specimens from a turtle trap shall release any captured fish or non-target turtle species, immediately upon its discovery, and with the least possible harm thereto, into the same body of water from which the trap was recovered.
7. a. A person who is neither a conservation officer, nor the owner of a turtle trap, may remove a turtle trap from the water under the following circumstances:
(1) the person finds a turtle trap submerged or sinking underwater in violation of the provisions of this act;
(2) the person notifies a conservation officer, prior to removing the trap from the water, of the trap's submergence and the circumstances surrounding its discovery;
(3) the conservation officer expressly authorizes the person to remove the trap from the water; and
(4) the person complies with the provisions of subsection c. of this section in removing the trap from the water.
b. (1) A conservation officer shall provide the express authorization required by paragraph (3) of subsection a. of this section if it is not possible for any conservation officer to reach the site of the submerged or sinking turtle trap within one hour following receipt of notice pursuant to paragraph (2) of subsection a. of this section.
(2) If a conservation officer expressly authorizes the removal of a turtle trap from the water pursuant to this section, the officer shall obtain the contact information of the person receiving the authorization, and shall notify that person of the requirements of subsection c. of this section.
c. A person removing a turtle trap from a body of water, in accordance with the provisions of subsection a. of this section, shall:
(1) as soon as is reasonably possible following the trap's removal from the water, identify the trap owner, and report the owner's contact information to a conservation officer;
(2) leave the trap on the bank of the body of water from which it was recovered; and
(3) leave any captured specimens inside the trap, unless express authorization for their release has been provided to the person by a conservation officer.
d. Whenever a trap is lawfully removed from the water in accordance with this section, the owner of the trap shall comply with the provisions of subsection b. of section 8 of this act.
e. A person who removes a turtle trap from the water in accordance with the provisions of this section shall not be subject to criminal prosecution or other liability under P.L.1993, c.11 (C.23:7A-1 et seq.).
8. As soon as is reasonably possible after a turtle trap has been removed from the water and the trap owner's contact information has been provided to the division, in accordance with the provisions of this act, a conservation officer shall provide notice to the trap owner that:
a. the trap has been removed from the water in accordance with the provisions of this act;
b. the owner of the trap shall not remove the trap from the site of its recovery, and shall not remove any captured specimens from the trap until a physical inspection is conducted pursuant to section 9 of this act; and
c. the trap may be confiscated by the division and subject to forfeiture, pursuant to subsection e. of section 11 of this act, if a physical inspection reveals that the trap has been constructed or used in violation of the provisions of section 4 of this act.
9. a. A conservation officer who conducts, orders, or authorizes, the removal of a submerged or sinking turtle trap from the water, shall cause a physical inspection of the trap to be undertaken as soon as is reasonably possible, but no longer than 24-hours following the trap's recovery.
b. In conducting a physical inspection pursuant to this subsection, the authorized inspector shall:
(1) empty the trap of its contents, and make note of any and all deceased specimens found therein, with reference to their species name;
(2) inspect the trap to determine whether its construction complies with the provisions of this act, and, if appropriate, make note of any construction defects or any other visible characteristics of the trap that might have caused its submersion; and
(3) obtain a formal statement from the person, if any, who reported the trap's submergence, which statement shall include a description of the circumstances leading to the trap's discovery, and, if the person removed the trap from the water in accordance with the provisions of this section, a description of the circumstances surrounding the trap's recovery.
10. a. A turtle trapping permittee shall maintain, and submit to the division, accurate records pertaining to any turtle trapping activity undertaken pursuant to the permit. The records shall be submitted to the division, on at least a semi-annual basis, and on forms developed by the division. The filing of these records shall be current before a snapping turtle trapping permit may be renewed.
b. The records maintained by a turtle trapping permittee in accordance with this section shall identify:
(1) the dates on which any turtle trapping activity occurred;
(2) the type of turtle trap used and the bodies of water fished;
(3) the number of snapping turtles captured during each 24-hour trapping period;
(4) the length of the carapace of each snapping turtle captured;
(5) the body of water in which each snapping turtle was captured;
(6) the disposition of each snapping turtle captured, including the complete name and address of any person to whom a snapping turtle was sold, traded, bartered, or exchanged;
(7) the weight of each snapping turtle that is sold solely for consumption as food;
(8) the number and identity, by species name, of any non-target turtle species captured, and an indication as to whether the non-target species were found alive in the trap;
(9) the disposition of each non-target turtle species captured, including the name of the body of water into which each turtle was released.
c. If no turtles were captured during the reporting period, the permittee shall provide the division with a report to that effect.
d. (1) If a permittee fails to file a required report by the deadline established by the division, the division may suspend or permanently revoke the snapping turtle trapping permit issued thereto, except in the case of a first offense.
(2) Any permit suspension authorized in accordance with paragraph (1) of this subsection shall be imposed during the open season for snapping turtles, and any period of suspension not occurring during the existing season shall be applied during the next open season, even if that season falls in a different calendar year.
(3) Prior to the suspension or revocation of a snapping turtle trapping permit, as authorized by this subsection, the permittee shall be entitled to request and obtain a hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
11. a. (1) Except as provided in subsections b. and c. of this section, any person who violates the provisions of this act shall be subject, for a first offense, to a civil penalty of not less than $100 nor more than $1,000, and for any second or subsequent offense, a civil penalty of not less than $250 nor more than $2,500. If a violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.
(2) Any penalty authorized by this subsection shall be collected in accordance with the provisions of chapter 10 of Title 23 of the Revised Statutes, except that the department may compromise and settle any claim for a penalty under this section in any amount, which, in the discretion of the department, appears appropriate and equitable under all of the circumstances.
(3) The penalties authorized by this subsection shall be in addition to any other applicable penalties authorized by law.
b. (1) Any person who does not have a valid snapping turtle trapping permit on their person, or who fails to exhibit a permit for inspection by a conservation officer or other law enforcement officer, while tending a turtle trap, shall be liable to a penalty of $15 for the first offense and $30 for each subsequent offense.
(2) Any permittee who fails to check a turtle trap at least once every 24 hours pursuant to the provisions of subsection d. of section 4 of this act, or who fails to attach a metal tag to a trap in accordance the provisions of subsection e. of section 4 of this act, shall be liable to a penalty of $30 for each trap in violation.
c. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, and, in addition to any other penalties provided by law, a person shall be guilty of a disorderly persons offense, and shall be subject, for a first offense, to a fine of not less than $250 nor more than $1,500, and for a second or subsequent offense, to a fine of not less than $500 nor more than $3,000, if the person:
(1) vandalizes or damages a turtle trap in order to force or encourage its submergence underwater;
(2) intentionally or knowingly provides false information in any report made to a conservation officer under section 7 of this act, or in any report submitted to the division under section 10 of this act;
(3) hinders, impedes, or interferes with a turtle trap's removal from the water or its physical inspection, when the removal or inspection is conducted, ordered, or authorized by a conservation officer pursuant to the provisions of this act; or
(4) with the intent to avoid liability under this act, removes a turtle trap from the site of its recovery by a conservation officer or other authorized person, makes repairs to the trap, or disposes of or removes captured specimens from the trap, prior to the trap's physical inspection, as required by section 9 of this act.
d. The department may institute a civil action for injunctive relief in a court of competent jurisdiction, in order to prohibit and prevent a continuing violation of this act.
e. Any turtle trap or other apparatus that is constructed or used in violation of the provisions of this act, any rule or regulation adopted pursuant thereto, or any relevant provision of the State Fish and Game Code shall be subject to forfeiture in accordance with the provisions of P.L.1952, c.70 (C.23:10-21.1 et seq.).
12. This act shall take effect immediately, but shall remain inoperative until the 180th day following the date of enactment.
STATEMENT
This bill would establish the regulatory framework necessary to ensure appropriate oversight with regard to the trapping of snapping turtles. In particular, the bill would:
(1) specify the means by which snapping turtles may be taken in this State - i.e., by hand, hook, spear, dip net of no more than 24 inches in diameter, or turtle trap;
(2) require a person trapping snapping turtles to be in possession of a snapping turtle trapping permit issued by the Division of Fish and Wildlife;
(3) establish specific recordkeeping and reporting requirements for snapping turtle trappers, the satisfaction of which would be required prior to the reissuance by the division of any snapping turtle trapping permit;
(4) establish specific requirements for the construction, placement, and inspection of turtle traps, in order to ensure that they are constructed and set in a manner that avoids endangering non-target, non-game turtle species;
(5) require the State's conservation officers to regularly conduct periodic, random investigations of the bodies of water in which turtle trapping has been authorized by the division, in order to determine compliance with, and enforce, the bill's provisions; and
(6) establish an agency notification and preliminary response system designed to facilitate prompt and effective enforcement of the bill's provisions.
The bill would require the Department of Environmental Protection to implement and enforce the bill's provisions in this regard.
Under the agency notification and preliminary response system established by the bill, a person who is neither a conservation officer nor the owner of a turtle trap may be authorized by a conservation officer to remove a turtle trap from the water if the person first provides notice to the conservation officer that the trap has become submerged underwater in violation of the bill's provisions. Because air-breathing aquatic turtles can die in less than one hour when trapped underwater, the bill would require a conservation officer to provide this authorization if it will not be possible for any conservation officer to respond to the trapping site, for purposes of inspection, within one hour following the receipt of notice of a turtle trap's submersion. A person who has been authorized by a conservation officer to remove a turtle trap from the water would be not be subject to the provisions of the Hunter Harassment Law, P.L.1993, c.11 (C.23:7A-1 et seq.).
Although the bill would allow an authorized member of the public to remove a turtle trap from the water in certain emergency circumstances, as described above, the person would be prohibited from removing any captured specimens from the trap unless they receive additional, and express, authorization from a conservation officer to do so. Aside from instances where express authorization is granted, however, the bill would prohibit the removal of captured specimens from a turtle trap except by the owner of the trap, or by a conservation officer. Unless otherwise specified by a conservation officer, a person who lawfully removes captured specimens from a turtle trap would be required to release any fish or non-target turtle species, immediately upon discovery thereof, and with as little harm thereto, into the same body of water from which the trap was recovered.
Any person who violates the bill's provisions would be subject to a civil penalty of between $100 and $1,000 for a first offense, and between $250 and $2,500 for any second or subsequent offense, except that: (1) any person who does not have a valid snapping turtle trapping permit on their person, or who fails to exhibit a valid permit for inspection by an authorized enforcement officer, while tending a turtle trap, would be liable only to a penalty of $15 for the first offense and $30 for each subsequent offense, and (2) a permittee who fails to check a turtle trap at least once every 24-hours, or who fails to attach a metal identification tag thereto, would be subject to a penalty of $30 for each trap in violation. Any turtle trap or other apparatus constructed or used in violation of the bill's provisions would be subject to forfeiture in accordance with established procedures.
The department would be authorized to compromise and settle any claim for a penalty under the bill's provisions in any amount, which, in its discretion, appears appropriate and equitable under all of the circumstances. The department would also be authorized to seek injunctive relief to prohibit and prevent a continuing violation of the bill's provisions.
Finally, the bill would provide that a person would be guilty of a disorderly persons offense, and subject, for a first offense, to a fine of between $250 and $1,500, and for a second or subsequent offense, a fine of between $500 and $3,000, if the person:
(1) vandalizes or damages a turtle trap in order to force or encourage its submergence underwater;
(2) intentionally or knowingly provides false information in any report submitted under the bill's provisions;
(3) hinders or impedes a turtle trap's removal from the water or its physical inspection, when the removal or inspection is conducted, ordered, or authorized by a conservation officer pursuant to the bill's provisions; or
(4) with the intent to avoid liability under the bill, removes a turtle trap from the site of its recovery by a conservation officer or other authorized person, makes repairs to the trap, or disposes of or removes captured specimens from the trap, prior to the trap's physical inspection by a conservation officer, as required by the bill's provisions.
