NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2490A
SPONSOR: Magee (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to snapping turtles; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
The purpose of this bill is to provide for the regulated trapping,
netting, poling or catching of snapping turtles, which can currently
only be taken by gun or longbow.
SUMMARY OF PROVISIONS:
Section one amends Subdivision 10 of section 11-0701 of the Environ-
mental Conservation Law to include snapping turtles among the small game
animals permitted to be taken by an appropriately licensed trapper
Section two clarifies that snapping turtles, in addition to other speci-
fied game, can be taken by specified means other than the use of a gun
or longbow.
Section three establishes Department of Environmental Conservation
authority to regulate the taking of snapping turtles, and set seasons,
bag limits and areas.
Section four amends subdivision 1 of section 11-1103 the Environmental
Conservation Law to include snapping turtles among the small game
animals permitted to be taken by an appropriately licensed trapper
JUSTIFICATION:
Snapping turtles were historically harvested for food in the absence of
any regulatory measures to limit harvest. Several commercial collectors
reportedly harvested thousands of turtles using a variety of methods,
including taking of turtles prior to the females having nested for the
year. Several years ago, snapping turtles were designated as small game
in the Fish and Wildlife Law, allowing for their regulatory protection.
Measures are in place to limit the daily and seasonal take of snapping
turtles and to protect egg-bearing females prior to nesting, and young
turtles that have not reached reproductive size, helping to ensure self-
sustaining populations of snapping turtles for the future. Most individ-
uals. who harvested snapping turtles before they became "small game" did
so primarily by hand, net, pole or turtle trap. Currently, however, the
only legal method to take snapping turtles is by shooting by longbow or
gun. This bill would authorize snapping turtles to be taken by hand, net
or trap. Furthermore, this legislation would provide a mechanism whereby
nuisance snapping turtles can be trapped live and relocated. Under
existing law snapping turtles can only be taken by gun or longbow.
LEGISLATIVE HISTORY:
S.7003A/A.3784 of 2012;
A.3784 of 2011;
A.11341 of 2010.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on and after September 30, 2015.
STATE OF NEW YORK
________________________________________________________________________
2490--A
2013-2014 Regular Sessions
IN ASSEMBLY
January 15, 2013
___________
Introduced by M. of A. MAGEE, OAKS, BARCLAY, ABINANTI -- read once and
referred to the Committee on Environmental Conservation -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to snap-
ping turtles; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 11-0701 of the environmental
2 conservation law, as amended by chapter 57 of the laws of 1993 and as
3 renumbered by chapter 470 of the laws of 1994, is amended to read as
4 follows:
5 10. A trapping license entitles the holder to trap beaver, otter,
6 fisher, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum,
7 weasel, pine marten, snapping turtles, and unprotected wildlife except
8 birds, as provided in title 11 of this article, subject to the
9 provisions of subdivision [6] 3 of section 11-0713 of this article.
10 § 2. Subdivision 8 of section 11-0701 of the environmental conserva-
11 tion law, as amended by section 1-a of part R of chapter 58 of the laws
12 of 2013, is amended to read as follows:
13 8. A trapping license entitles the holder to trap beaver, otter, fish-
14 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
15 pine marten, snapping turtles, and unprotected wildlife except birds, as
16 provided in title 11 of this article, subject to the provisions of
17 section 11-0713 of this article.
18 § 3. Paragraph c of subdivision 3 of section 11-0901 of the environ-
19 mental conservation law, as amended by chapter 825 of the laws of 1973
20 and subparagraph 1 as amended by chapter 407 of the laws of 1976, is
21 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04819-04-3
A. 2490--A 2
1 c. Wild small game and wild upland game birds shall be taken only by
2 longbow or gun, or by the use of raptors as provided in title 10 of this
3 article, except that:
4 (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
5 in any manner not prohibited in this section or in title 11 of the Fish
6 and Wildlife Law, [and]
7 (2) frogs may also be taken by spearing, catching with the hands, or
8 by the use of a club or hook[.]; and
9 (3) snapping turtles may also be taken by catching with the hands or
10 by trapping pursuant to titles 7 and 11 of this article.
11 § 4. Subdivision 1 of section 11-1103 of the environmental conserva-
12 tion law, as amended by chapter 911 of the laws of 1990, is amended to
13 read as follows:
14 1. The department may by regulation permit trapping of beaver, fisher,
15 otter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat,
16 pine marten [and], mink, snapping turtles, or any of them, in specified
17 areas, and may regulate the taking, possession and disposition of such
18 animals. The periods in which trapping of such animals is so permitted
19 are open seasons for the trapping of the species for which the period is
20 fixed, in the area or areas for which it is so fixed.
21 § 5. This act shall take effect immediately and shall expire and be
22 deemed repealed on and after September 30, 2015; provided that section
23 two of this act shall take effect on the same date and in the same
24 manner as section 1-a of part R of chapter 58 of the laws of 2013, takes
25 effect.
