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.