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STAR-LEDGER (Bridgeton, New Jersey) 19 October 10 Audra Capps saves turtles, faces Fish & Game charges (Jack Hummel)
Fairfield TWP: Audra Capps looked out her front door overlooking Clarks Pond at 7 o'clock on Sunday, Sept. 12.
The lake was littered with pool toys.
"Oh my God! she thought, "There might be kids in trouble!
So the woman who runs Capps Day Camp quickly got into her boat and went out.
Turns out they were traps.
"I pulled one up and it was loaded with about 30 painted turtles, he said in a phone interview Monday night.
"Twenty of them were dead.
Capps knows enough about painted turles to know that they need to breathe every 40 to 50 minutes.
"The turtles had weighed down the trap and sunk it, she explained.
There were nine other traps.
"I was hysterical! recalled Capps.
She pulled up more until two men walked out of the woods on her property with guns.
One was Fish & Game Officer Todd Vasquez.
He told her to come up to her house.
"But, I have to save the turtles! she protested.
At the house, he told Audra's friend, Mike Del Collo, to go release the rest of the turtles, so long as they're not snappers.
There was not one single snapper, said Capps. "Not one.
That's the reason Christopher Giordano had set the traps.
To catch snapping turtles.
"You're getting charged, Vasquez told Capps.
Almost a month later, the charges arrived from the Fairfield Township Prosecutors Office.
1. "Did hinder or prevent the lawful taking of wildlife.
2. "Did cause damage to property used for trapping.
3. "Exercised control over private property to deprive trappin of harvest.
"I'm facing up to three years in jail, cried Capps.
She said Giordano did not return to check his traps for 29 hours after she first found them.
"You know my father - Ross Capps, she said. "You know he's a chef (Hickory Steak House). You can't sell a dead snapping turtle.
She said they need to breathe, too.
This morning, Audra Capps is supposed to be in the office of Kevin McCann, talking to his wife, Sheila, who is organizing a road rally as an SPCA benefit.
Meanwhile, SPCA Executive Director Bev Greco is burning up the phone lines, also trying to get Capps representation.
"It's just a shame, said Greco, who first alerted the newspaper.
Audra Capps saves turtles, faces Fish & Game charges

No good deed goes unpunished. Especially when dealing with the perverted justice of the Wildlife "Authorities" and their cronies.
jsc
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"As hard as I've tried, just can't NOT do this"
John Crickmer

Does anyone know if NJ has any specific turtle harvesting regulations, and if so what they might be?
I'm not sure what New Jersey's specific regulations are for setting and maintaining aquatic turtle traps, but here in Wisconsin, we do have specific DNR provisions and requirements for turtle traps. For example, traps are required to be set with a certain amount of airspace above water, must have trapper identification/contact info, and must be checked and unloaded every 24 hours (last time I checked). There may also be bag and size restrictions for Snappers or other turtles.

NJ permits the taking of snapping turtles via traps with the possession of a valid fishing license. There is a bag limit and possession limit, though I'm not sure of any regualtions as far as how often you need to check the traps, though it would seem to me there needs to be a regulation dictating how long you can leave them without checking.
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www.jasonrbartolettreptiles.webs.com

There are regulations on the traps, they are just covered in a different area of the regs.

quote " In New Jersey, a trapping license is required and a Trapper Education course must be passed to trap in the state. To use a snare a person must have first passed a Fish and Wildlife-approved trapper education course which included use of snares and carry on their person appropriate certification thereof.

All traps set or used must bear a legible tag of durable material with the name and address of the person setting, using and maintaining the traps. A trap identification number issued by the Division may be used in lieu of a name and address (contact the Bureau of Wildlife Management at 609-292-6685 for more information).

All traps must be checked and tended at least once every 24 hours, preferably in the morning. When trapping beaver or otter, the trap tag must be clearly visible above the level of water or ice. Any person (including a farmer) who traps a coyote must notify a Division law enforcement office within 24 hours. Licensed trappers at least 18 years of age and in possession of a valid rifle permit may carry a .22 caliber rifle, and use only .22 caliber short rimfire cartridges to kill legally trapped animals

For more information please consult the appropriate section(s) of the Fish and Wildlife Digest. "endquote.

In addition, the trappers have to fill out a form listing all of the snapper removed, where they went and all species caught and released (see http://www.state.nj.us/dep/fgw/pdf/comm_turtle_rptform.pdf for the form).

The are some sketchy issues with the story as given by the lady.. for example, she claims she didn't know they were turtle traps but were instead kids toys (possibly attached to drowning kids) when she went out on the lake but she can swear that no one came and checked the traps for 29 hours...

Regardless of the issues with her story, she committed a violation, her violation is seperate from whether or not the trapper committed a violation and she should not be able to claim her interference with the trapping was justified... as this is the slippery slope which results in rights to hunt, fish and trap being lost. There by law had to be contact information on the traps which she could have used or she could have contacted the authorities.

Ed

DAILY JOURNAL (Vineland, New Jersey) 06 November 10 Turtle trapper hopes to clear his name (Joseph P. Smith)
Buena Vista: Strange circumstances have ensnared Chris Giordano in a court case he didn't seek, a loss of business income his family needs and name-calling that's ticking him off.
Giordano's sideline profession as a licensed, part-time turtle trapper has served him well. But things started going wrong this summer when attempts to help state wildlife officials ensnare fishermen damaging his traps ended with charges for a local woman who claims she was trying to save turtles from drowning.
Now, Giordano says he finds himself defending his work capturing snapping turtles.
The 36-year-old Richland resident said earlier this summer he helped New Jersey wildlife law enforcement officers set a trap for a fisherman who wrecked 10 of his traps in a Millville pond several weeks earlier.
The sting set for Aug. 29 worked -- kind of.
It reportedly caught two people cutting and emptying his traps, which were set afloat in Clarks Pond in Fairfield. The problem is neither person was the suspect from the Millville incident.
One defendant entered a guilty plea to a lesser charge and was fined.
The other defendant, Clarks Pond resident Audra Capps, admits cutting traps. But she claims Giordano's traps were not catching snappers, but painted turtles -- and they were drowning them.
He vehemently denies the claim and is backed by a statement from the N.J. Department of Environmental Protection's Division of Fish and Wildlife that its officers saw no dead turtles in the traps.
Capps is fighting her charges and the case will be heard in Fairfield Municipal Court.
Giordano hopes the hearing goes toward clearing his name, but no date is set.
Whoever did wreck Giordano's traps in Millville still is out there.
The DEP turned down a request from The Daily Journal to interview someone from Fish and Wildlife about the case as "inappropriate." Asked whether Clarks Pond had been staked out, spokesman Larry Hajna confirmed there was an investigation.
Giordano has lost about two months of trapping revenue because of the ruined traps. The season ended Oct. 30.
"There are animal lovers all over the world and I'm one," Giordano said. "But I also hunt and fish, and that's how I feed my family."
At his house this week, Giordano displayed his traps and how they are used. The traps are 21 inches across, 36 inches long -- but sometime another foot longer -- and made of wire mesh.
Two or three "noodles" -- flotation devices used in backyard pools -- provide the lift to keep the trap partly above water. Turtles can get by underwater for a long time, but still need to breathe.
"There are a few guys in the area that make and sell them," Giordano said. "I prefer to make my own. It's the standard design turtle trap for the state. It's my sixth year. I've never had any turtle, snapper or otherwise, die."
Giordano, 36, and partner Duane Smith recently netted what may be a record-setting snapping turtle.
Giordano said it's common for other turtles to go into a snapper turtle trap, although they generally won't if a snapper already is inside. Even other snappers will steer clear of a big snapper in a cage.
Unlike other game, turtles need to be caught alive in order to be sold as food. Capps' allegation that Girodano's traps were drowning turtles particularly irritates him.
"The traps have enough floatation to keep up a 185-pound man," Giordano said. "A dead turtle to me is useless. One swimming pool noodle will keep up a grown man. I have two of them in the traps. I've had 185 pounds of snapper turtle."
In early August, Giordano and Smith laid 10 traps in Menantico Ponds in Millville and left. They returned to find the mesh on the traps cut.
Giordano said a bass fisherman told them he had seen another fisherman at the traps, but didn't realize what was happening.
"There was a whole club fishing that day," Giordano said.
Giordano won't name the fishing club, saying "one jerk" shouldn't ruin a club's name. But the same club had booked Clarks Pond on Aug. 29 for a tournament.
Giordano said state game officers set up a sting operation there and waited in nearby woods with video cameras.
What no one foresaw was Capps spotting the traps and intervening. Giordano was not there for the moment, but he said officers told him they came out of concealment after she had cut three of his traps.
"Prior to her being videotaped, one of the fishermen in particular was very interested in the traps," Giordano said. "He was pulling right up on them, but ended up not doing anything to them."
Giordano said the officers left after telling Capps there would be charges filed. "A bass fisherman said she went back out after that with someone else and cut seven traps," Giordano said.
"When the game wardens arrived, she could not produce one single picture of a dead turtle," Giordano said. "She could not produce one single picture of a trap under water. There were no dead turtles. This whole thing was set up under the supervision of Fish and Game."
Giordano said three of his traps from that day are missing.
Bridgeton attorney Kevin McCann is defending Capps. He disputes Giordano's contention that his traps float properly.
"But the rest of the stuff I don't know anything about," McCann said. "The pictures show them below the water."
Not so, said Giordano. The pictures show a few inches of the traps above the water, he said.
Turtle trapper hopes to clear his name