TOPEKA — A Kansas bill could ban people from capturing or possessing an ornate box turtle, the state reptile, but some stakeholders are concerned this may have unintended consequences.
Under current state law, it is illegal to possess more than five box turtles with the intent to release them back into the wild. House Bill 2479, under consideration in a House committee, would prohibit any person from capturing or possessing any amount of ornate box turtles.
Dennis Dinwiddie, director of conservation and education for the Topeka Zoo, said there has been an alarming decrease in ornate box turtles across the state. He said because of their unique and colorful markings, they are often collected from the wild and sold overseas through the illegal pet trade.
“The current law provides a loophole that allows individuals that participate in the illegal wildlife trade to collect ornate box turtles in large numbers so long as they are not caught with more than five at any given time,” Dinwiddie told legislators on the House Agriculture Committee. “We can stop individuals from illegally shipping ornate box turtles out of our state and country, if we stop them from having a legal means of collecting them from the wild in large numbers.”
The Kansas Department of Wildlife and Parks has discovered and documented multiple cases of individuals sending ornate box turtles, collected from the wild in Kansas, to overseas locations, Dinwiddie added.
Any violation of this law would be a misdemeanor crime.
Brad Loveless, secretary of the Kansas Department of Wildlife, Parks and Tourism, said his agency was considering ways to decrease the number of box turtles collected from five, although he preferred decreasing the number to two box turtles. That would ensure that if, for example, a child picked up a box turtle and wanted to learn about it, before releasing it back into the wild, the learning experience would still be legal.
“We suggest that we move this to our Non-Game Wildlife Action Committee, which incorporates a wide variety of stakeholders and discusses things just like this,” Loveless said. “Their recommendation goes to our commission that is part of a three-part open meetings process that allows for public input.”
Spencer Tomb, a retired botany professor from Kansas State University, agreed the best way to conduct this process would be through the regulatory ways of the agency, rather than with a bill banning turtle capture. He said the main issue was people’s attitudes toward this important species.
“I remember driving behind people in Oklahoma when turtles were really moving after a rain and they were running over every one of them that they could hit,” Tomb said. “That mindset’s got to be changed because this is an iconic species. They’re absolutely beautiful.”
Tomb also noted this could raise issues with Indigenous Kansans who may use box turtle shells for their traditions or rituals.
Rep. Christina Haswood, a Lawrence Democrat and American Indian, requested Indigenous input and collaboration on any changes to the law.
Former state Rep. Don Hineman said on Twitter that outright banning these turtles could be a problem for Lane County.
“Lane County Fair has a featured turtle race for the kids,” Hineman said. “They need to be able to legally possess at least two in case their star ‘runner’ goes down. All turtles are released unharmed after the race is over.”
