COMMERCIAL COLLECTION OF REPTILES For Review and Possible - - PowerPoint PPT Presentation

For Review and Possible Commission Action

COMMERCIAL COLLECTION OF REPTILES

Jennifer Newmark

Administrator Wildlife Diversity Division

Nevada Board of Wildlife Commissioners

August 11, 2017

 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

PERTINENT LEGAL AUTHORITIES

 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.”

HISTORY OF COMMERCIAL COLLECTION OF REPTILES AND COMMISSION ACTIONS

During this legal process, temporary CGR 173 expired and the Commission directed the Department to again issue permits for commercial reptile collections.

 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

HISTORY OF COMMERCIAL COLLECTION OF REPTILES AND COMMISSION ACTIONS

 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
• ne 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 PERMIT

COMMERCIAL COLLECTION OF REPTILES

5000 5000 10000 10000 15000 15000 20000 20000 25000 25000 30000 30000 35000 35000

>450,000 reptiles self-reported to have been removed from landscape

Commission & Courts Commission Review Select Spp.

COMMERCIAL COLLECTION OF REPTILES

Commercial (Regs)

Greatest Low Mod-High Moderate

Only W Only West stern Stat ern State Allo e Allowing wing Commer Commercial Collection ial Collection

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 Collect 1 Collector

• r

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

• f the year)

ar)

COMMERCIAL COLLECTION OF REPTILES

Iv Ivanpah-P anpah-Pahrump hrump Valle lleys ys Amargosa V Amargosa Valle lley

COMMERCIAL COLLECTION OF REPTILES

1994 1994 200 2001 2009 2009 20 2016

5000 5000 1000 10000 1500 15000 2000 20000 2500 25000 3000 30000 3500 35000

31,830 21,262 14.998 7,102

COMMERCIAL COLLECTION OF REPTILES

• Herbiv

Herbivore

• re
• Annual recruitment 20%

Annual recruitment 20%

• 15y Lif

15y Life Span Span

• 8.2y Generation

8.2y Generation

• 2-3y Maturit

2-3y Maturity

15,945 15,945 Collect Collected ed

Chuckw Chuckwalla ( alla (Sauromalus at Sauromalus ater er)

92 in 92 in 1 d 1 day

 53 native species of reptiles in Nevada  26 are Species of Conservation Priority in the Nevada Wildlife Action Plan

REPTILE BIOLOGY

Great Basin Mojave

 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

REPTILE BIOLOGY

 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

IMPACTS OF COMMERCIAL COLLECTION

 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

DATA LIMITATIONS

2 Collect 2 Collector

• rs

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

• Highly territorial and density dependent species being collected from

same site.

DATA LIMITATIONS

• Species being reported from out of range

Western Banded Gecko (Coleonyx variegatus) collection locations Western Banded Gecko distribution in NV

¯

50 100 25 Miles

PITFALL TRAPS

Illegal Collection Method Illegal Collection Method

700 + e 700 + exist ist in in So.

• So. Ne

Nevada da

PITFALL TRAPS

19 197 R 7 Reptiles obser ptiles observed - ed - 64% traps contained reptiles 64% traps contained reptiles 96 mammals obser 96 mammals observed - ed - 31% contained mammals 1% contained mammals 99 Scorpions obser 99 Scorpions observed - ed - *69% contained scorpions *69% contained scorpions

368 (30 368 (307) T ) Traps aps Check Checked 20 d 2016-1

• 17

 Applicable history:

53% 53% 47 47%* * 3% 3% 96% 96% 27 27% 74 74% “Liv “Live” e” Dead Dead Reptiles ptiles Mammals Mammals Scor Scorpions pions

PITFALL TRAPS

 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

POSSIBLE ACTIONS FOR COMMISSION CONSIDERATION

Actions could be taken independently or in combination