COMMERCIAL COLLECTION OF REPTILES
For Review and Possible Commission Action
Nevada Jennifer Newmark Board of Wildlife Administrator Commissioners Wildlife Diversity Division August 11, 2017 PERTINENT LEGAL AUTHORITIES
NRS 503.380 . The Department may permit the commercial taking of unprotected wildlife in any manner approved by the Commission . The Commission may fix a price to be paid for wildlife so taken . Wildlife taken under this authorization may be sold
NAC 503.095 . The Department will issue a permit authorizing a natural person to collect unprotected wildlife for commercial purposes… if, after an investigation is conducted, it is proved to the Department that the collecting will not be detrimental to the wildlife . Such a permit may be cancelled by the Department for a violation of its conditions or if operation of the permit is found to be detrimental to wildlife HISTORY OF COMMERCIAL COLLECTION OF REPTILES AND COMMISSION ACTIONS
1986 – commercial collection of reptiles is legalized by changing NAC 503.095
1989 . Department expresses concern to the Board of Wildlife Commissioners that reptile populations are being harmed by over-collection
. Commissioners agree and draft temporary CGR173 . “Possession or collection of reptiles for commercial purposes is prohibited”
. Collectors initiate legal action against the Commission resulting in an Eighth District Court injunction preventing the enforcement of CGR173.
. Commission appeals to the Supreme Court HISTORY OF COMMERCIAL COLLECTION OF REPTILES AND COMMISSION ACTIONS
1990 – Supreme Court rules in favor of the Commission and reverses the lower court’s decision . “Commission did not have a duty to conduct an investigation which proved that the selling of reptiles would not harm the State’s wildlife” . Under NAC 503.095 “the burden is on the collectors not the Commission” to show no harm to wildlife . The regulation “did not confer protected status on unprotected reptiles” . “the trial court erred in failing to consider that there are economic benefits in preserving, protecting, and managing wildlife for aesthetic, recreational, and scientific reasons.” During this legal process, temporary CGR 173 expired and the Commission directed the Department to again issue permits for commercial reptile collections. HISTORY OF COMMERCIAL COLLECTION OF REPTILES AND COMMISSION ACTIONS
1998 – Commission considered regulation or prohibition of commercial collecting of reptiles
. Two workshops were held
. Commission decided to allow the continuation of unlimited commercial collection during all seasons COMMERCIAL COLLECTION PERMIT
Permitted activity
Annual, $250 fee
Must be a Nevada resident
90% of reptile species can be collected in unlimited numbers COMMERCIAL COLLECTION PERMIT
Permit Stipulations . Methods of collections authorized are hand, noose, snake-hook, tongs or nets . Pit, can, or fall type traps or containers are prohibited . The use of crowbars, jackhammers or other methods to break apart rocks and ledges in collecting reptiles is prohibited . Only the permittee named on the permit is authorized to collect COMMERCIAL COLLECTION PERMIT
Permit Stipulations continued . Must log daily catch (species, number, sex, age, day, time, and UTM) and submit reports monthly to NDOW
. Transaction logs of sales, trades and barters must be maintained for one year after a valid permit
. The permit can be canceled if the Department determines that conditions of the permit have been violated or if operation of the permit if found to be detrimental to wildlife
. The Commission may revoke a permit and may refuse to issue another such permit COMMERCIAL COLLECTION OF REPTILES
35000 >450,000 reptiles self-reported to 30000 have been removed from landscape 25000
20000
15000
10000 Commission Review
5000 Select Spp. Commission & Courts 0 COMMERCIAL COLLECTION OF REPTILES
Only Western State Allowing Commercial Collection
Commercial (Regs)
Greatest
Mod-High
Moderate
Low COMMERCIAL COLLECTION OF REPTILES
Hotspots for Collecting Chuckwalla: 15,945 (92 in 1 day)
Desert horned lizard: 105,093 (>600
in 1 day)
Great Basin collared lizard: 96,665
Long-nosed leopard lizard: 60,410
Western fence lizard: 40,594
Commonly Collected Species (1986-2016) COMMERCIAL COLLECTION OF REPTILES
1 Collector
40+ page monthly log 2,000 reptiles/month 24 days/month 83 reptiles/day ~20 reptiles/km (5-6 months of the year) COMMERCIAL COLLECTION OF REPTILES
Amargosa Valley Ivanpah-Pahrump Valleys COMMERCIAL COLLECTION OF REPTILES
1994 2001 2009 2016
35000 31,830 30000
25000 21,262 20000 14.998 15000 7,102 10000
5000
0 COMMERCIAL COLLECTION OF REPTILES
15,945 Collected 92 in 1day
• Herbivore • Annual recruitment 20% • 15y Life Span • 8.2y Generation • 2-3y Maturity Chuckwalla (Sauromalus ater) REPTILE BIOLOGY
53 native species of reptiles in Nevada 26 are Species of Conservation Priority in the Nevada Wildlife Action Plan
Great Basin Mojave REPTILE BIOLOGY
Habitat specialists with patchy distribution
Home range sizes are relatively small
Ectothermic animals (“cold-blooded”)
Low reproductive rates and long life span
Distribution and abundance of most reptile species is poorly understood
. Cryptic . Only seasonally active . Long-lived . Large diversity of species within the state IMPACTS OF COMMERCIAL COLLECTION
Collections are allowed during the breeding season, thereby reducing reproductive and recovery potential
Commercial collection is an additive source of mortality . Habitat loss and degradation . Urbanization and development . Invasive species . Disease . Drought and climate changes . Pitfall traps
Market demand for certain species drives collections rather than population or management objectives DATA LIMITATIONS
Reported data are limited:
. Specifics of age class structure is not well defined (adult/juvenile only)
. Data are primarily reported along linear features such as roads
. No independent verification of data
. Data has errors limiting the usefulness of the data DATA LIMITATIONS
2 Collectors 56 animals: Strictly nocturnal species 47 banded geckos Only 2 days in July (6 hours) 8 shovel-nosed snakes 5:20 AM – 10:15 AM 1 long nosed snake (3.25 animals per meter) DATA LIMITATIONS
. Highly territorial and density dependent species being collected from same site.
. Species being reported from out of range
¯
05010025 Miles
Western Banded Gecko (Coleonyx variegatus) collection locations Western Banded Gecko distribution in NV PITFALL TRAPS
Illegal Collection Method 700 + exist in So. Nevada PITFALL TRAPS
368 (307) Traps Checked 2016-17
197 Reptiles observed - 64% traps contained reptiles 96 mammals observed - 31% contained mammals 99 Scorpions observed - *69% contained scorpions PITFALL TRAPS
Applicable history: Dead “Live”
3%
47%* 27% * 53% 96% 74%
Reptiles Mammals Scorpions POSSIBLE ACTIONS FOR COMMISSION CONSIDERATION
Direct the Department to take no further action and continue to allow unlimited commercial reptile collecting
Direct the Department to draft a permanent regulation prohibiting commercial reptile collecting
Direct the Department to cease permitting commercial reptile collecting
Direct the Department to develop recommendations that limit commercial collection based on species, season, year, and/or collection area in the state
Actions could be taken independently or in combination