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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


  1. COMMERCIAL COLLECTION OF REPTILES For Review and Possible Commission Action Nevada Jennifer Newmark Board of Wildlife Administrator Commissioners Wildlife Diversity Division August 11, 2017

  2. 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

  3. 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

  4. 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.

  5. 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

  6. COMMERCIAL COLLECTION PERMIT  Permitted activity  Annual, $250 fee  Must be a Nevada resident  90% of reptile species can be collected in unlimited numbers

  7. 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

  8. 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

  9. COMMERCIAL COLLECTION OF REPTILES 35000 35000 >450,000 reptiles self-reported to 30000 30000 have been removed from landscape 25000 25000 20000 20000 15000 15000 10000 10000 Commission Review 5000 5000 Select Spp. Commission & Courts 0

  10. COMMERCIAL COLLECTION OF REPTILES Only W Only West stern Stat ern State Allo e Allowing wing Commer Commercial Collection ial Collection Commercial (Regs) Greatest Mod-High Moderate Low

  11. 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)

  12. COMMERCIAL COLLECTION OF REPTILES 1 Collect 1 Collector or 40+ page mon 40+ page monthly y log log 2,000 reptiles/ 2,000 reptiles/month 24 da days ys/mo /month 83 reptiles/da 83 reptiles/day ~20 reptiles/ ~20 reptiles/km (5-6 (5-6 month months of the y of the year) ar)

  13. COMMERCIAL COLLECTION OF REPTILES Iv Ivanpah-P anpah-Pahrump hrump Amargosa V Amargosa Valle lley Valle lleys ys

  14. COMMERCIAL COLLECTION OF REPTILES 20 2016 1994 1994 200 2001 2009 2009 35000 3500 31,830 30000 3000 2500 25000 21,262 2000 20000 14.998 1500 15000 7,102 10000 1000 5000 5000 0

  15. COMMERCIAL COLLECTION OF REPTILES 92 in 92 in 15,945 Collect 15,945 Collected ed 1 d 1 day • Herbiv Herbivore ore • Annual recruitment 20% Annual recruitment 20% • 15y Lif 15y Life Span Span • 8.2y Generation 8.2y Generation • 2-3y Maturit 2-3y Maturity Chuckwalla ( Chuckw alla ( Sauromalus at Sauromalus ater er )

  16. REPTILE BIOLOGY  53 native species of reptiles in Nevada  26 are Species of Conservation Priority in the Nevada Wildlife Action Plan Great Basin Mojave

  17. 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

  18. 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

  19. 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

  20. DATA LIMITATIONS 2 Collector 2 Collect ors 56 animals 56 animals: 47 b 47 banded geckos Strictly no St rictly noctu cturnal sp nal spec ecies ies 8 shovel-nosed 8 sho el-nosed snak snakes es Only 2 da Only 2 days ys in July (6 hour in July (6 hours) s) 1 long nosed snak 1 long nosed snake 5:20 AM – 10:15 AM 5:20 AM 0:15 AM (3.25 animals (3.25 animals per me per meter) r)

  21. DATA LIMITATIONS  Highly territorial and density dependent species being collected from same site.  Species being reported from out of range ¯ 0 25 50 100 Miles Western Banded Gecko (Coleonyx variegatus) collection locations Western Banded Gecko distribution in NV

  22. PITFALL TRAPS Illegal Collection Method Illegal Collection Method 700 + e 700 + exist ist in in So. So. Ne Nevada da

  23. PITFALL TRAPS 368 (30 368 (307) T ) Traps aps Checked 20 Check d 2016-1 -17 197 R 19 7 Reptiles obser ptiles observed - ed - 64% traps contained reptiles 64% traps contained reptiles 96 mammals observed - 96 mammals obser ed - 31% contained mammals 1% contained mammals 99 Scorpions observed - 99 Scorpions obser ed - *69% contained scorpions *69% contained scorpions

  24. PITFALL TRAPS  Applicable history: Dead Dead “Liv “Live” e” 3% 3% 27 27% 47 47%* * 53% 53% 74 74% 96% 96% Reptiles ptiles Mammals Mammals Scor Scorpions pions

  25. 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

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