[meteorite-list] [OT] Attempt to Ban Fossil Collecting in USA -- URGENT

From: geoking_at_notkin.net <geoking_at_meteoritecentral.com>
Date: Thu Apr 22 09:48:11 2004
Message-ID: <v04220818b7ec0c21b274_at_[209.244.233.122]>

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Content-Type: text/plain; charset="iso-8859-1" ; format="flowed"
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Dear Listees:

I post the following information for three reasons:

1) I know that -- like me -- many on the M-List are also fossil enthusiasts

2) If this evil Bill is weaseled through, then meteorites may well be next

3) I get really mad when people try this kind of jackboot=20
enforcement in my country


Briefly:

Two groups who obviously have too much spare time on their hands=20
(Society of Vertebrate Paleontologists and 'Save America's Fossils')=20
are submitting a Bill next week which -- if passed -- will=20
effectively end fossil collecting on public lands in the United=20
States. It's bad enough that you can already be arrested for=20
collecting vertebrate fossils on BLM land -- oh, and that is OUR=20
land, by the way, yes owned by the people of the United States . . .=20
except you can't do much on it without a permit.

This new Bill proposes massive fines, JAIL TIME, confiscation of cars=20
and tools, and other harsh penalties for people collecting fossils on=20
public lands without a permit (i.e. anyone not deemed suitable to=20
collect -- and you can guess who will and won't be deemed=20
"suitable"). They might as well begin shooting people for fishing,=20
and hand out hard labor sentences for folks caught camping on public=20
land. These "concerned people" will not be content with ending fossil=20
collecting in the U.S either. They hope to place import restrictions=20
on fossils from other countries as well.

It's in astonishingly poor taste to present a useless Bill like this,=20
and waste Government time, when the U.S. facing an actual=20
international crisis. For those who care about this sort of thing,=20
please contact your Senators immediately, as attempts are being made=20
to sneak this Bill through next week. I have an excellent model=20
letter -- written by a respected paleontologist -- that I will be=20
happy to provide to anyone who is interested (please contact me=20
off-list).

The following letters explain the situation in detail, and were=20
written by the eminent paleontologist Neal Larson (discoverer of=20
T.Rex "Sue," President of the American Association of Paleontological=20
Suppliers, and V.P. of the Black Hills Institute), and Walt Lombardo=20
of the Nevada Mineral & Book Company.

Thanks for reading, please pass this along to interested parties, and=20
please pardon the long OT post.

Respectfully,

Geoff Notkin
www.paleozoic.org

****************************

Dear AAPS members, Congressmen, Amateurs, and friends;

URGENT

I have just received a copy of the new proposed Bill for the protection of
paleontological resources on Federal Land, in my office. We are making
copies and will send you a copy if you desire, and will be willing to do
something to fight. Please read over this letter that was forwarded to me
from Larry Oliveria of Paleo-Ed Resources. Please read the well written and
concise letter from Walt Lombardo, and contact your congressmen, and your
fellow collectors. We must stand united to stop this horrible piece of
legislation. It has not yet been introduced, and we may not have much time
to act on this. I have Marion Zenker working full time on this now, and we
need all of you to help also. Also forward this to anyone else that you
think may help.

You may contact Marion K. Zenker at marionz_at_bhigr.com, or call her at
605-574-4289.

Neal L. Larson
President, AAPS



=20 ________________________

=20 October 5, 2001

=20 Dear Fellow Collectors and Dealers:

=20 I received an e-mail from a former coworker who now works for Nevada
=20 Senator Harry Reid (Democratic Senate Majority Whip) in Washington, DC.
=20 He said they wanted to get some comments from amateurs so here goes.

=20 The Society of Vertebrate Paleontology (SVP) and a group called Save
=20 America's Fossils for Everyone (SAFE) has persuaded members of the House
=20 and Senate to submit a bill next week which will make it illegal to
=20 collect almost all fossils from Public Lands. The PDF file containing
=20 the draft language of the bill is included as an attachment to this
=20 e-mail. To see the SVP position you can download the following online
=20 journal issue:

=20 http://www.vertpaleo.org/bulletin/178.pdf.

=20 You=92'll need Adobe Acrobat Reader, and the pertinent pages are 7-10. =
SVP
=20 would even like to shut down fossil collecting in other countries,
=20 probably through import/export restrictions.
=20 A May 2000 position paper written by the Department of Interior (under
=20 the previous administration) can be downloaded at:

=20 http://www.fs.fed.us/geology/senate_report.htm

=20 The SVP and Department of Interior positions, which are reflected in the
=20 bill, are chilling. This legislation would criminalize the collection o=
f
=20 fossils from Public Lands to all but a select few. To collect fossils on
=20 federal lands, one will have to get a permit, which will be issued only
=20 for research and educational purposes. All fossils collected would be
=20 property of the US Government, to be stored at a federally approved
=20 depository. A small amount of common fossils could be collected by
=20 amateurs under the conditions that they be for personal use only (NONE t=
o
=20 be sold), must be dug with hand tools only with no significant
=20 disturbance, and that the federal land manager of the area must consent
=20 to amateurs collecting fossils on lands that they control. This last
=20 point means that amateur collecting would be a discretionary activity, t=
o
=20 be determined by each of the hundreds of land managers for the BLM and
=20 US Forest Service (USFS).

=20 If this bill is passed, collection of fossils on Public Lands (i.e., BLM=
,
=20 USFS) for commercial purposes would be forbidden. If the value of
=20 the material is less than $1000, the crime would be a CLASS A
=20 MISDEMEANOR, if over $1000 then it is a CLASS E 0R CLASS D FELONY. Your
=20 automobile and collecting equipment could be confiscated, fines up to
=20 twice the damages are possible, as is jail time. Anyone who collects,
=20 encourages someone else to collect, sells, or buys a fossil collected
=20 illegally would be subject to these penalties. How will the BLM and USF=
S
=20 enforce this law? Probably through the FBI and Justice Department.
=20 Rather than looking for terrorists, bank robbers and murderers, Congress
=20 will have law enforcement set its sights on otherwise law abiding
=20 citizens who enjoy collecting fossils and those who currently sell them
=20 to universities, museums, teachers, collectors and children.

=20 It appears that the major museum and university paleontologists do not
=20 want amateurs (or worse, commercial dealers) collecting fossils. Its
=20 bad enough that most fossils are destroyed by weathering before anyone
=20 has a chance to find them, but now collecting will be limited to a
=20 handful of academic professionals with limited funding, limited staff,
=20 and a summer field season. Can you imagine the backlog of unidentified,
=20 uncataloged fossils which would pile up at museums and universities
=20 waiting for someone who has the time to examine them?

=20 One of the flaws of logic presented in this bill is the idea that the
=20 majority of fossils are rare.
=20 There are probably billions of fossils on Public Lands, at tens of
=20 thousands of fossil sites. How could the collecting of fossils by
=20 amateur and professional collectors significantly impact these sites?
=20 How many fossils from how many sites are actually being studied by
=20 academicians? How many millions of fossils will be lost due to
=20 weathering before they can be collected and preserved? Very few I'll
=20 wager. There are approximately 2,000 members of SVP, not all of whom
=20 would be accredited to collect if this bill was passed. There are over
=20 264 million acres of public land, at least half of which are covered wit=
h
=20 sedimentary rocks which potentially contain fossils. That would mean
=20 each of the 2,000 SVP members would need to collect and study 13,200
=20 surface acres before these fossils are lost to the elements. This is no=
t
=20 going to happen! What is wrong with having well educated amateur and
=20 professional collectors find fossils, preserve them and possibly sell
=20 them to collectors and institutions?

=20 Apparently, the fact that many universities and museums have
=20 traditionally acquired fossils or fossil localities from amateur and
=20 professional collectors is ignored. As is the fact that many of the
=20 fossils bought and enjoyed by the public are collected by amateurs and
=20 professional collectors. How many children develop an interest in
=20 paleontology and the earth sciences after buying a fossil at a rock shop
=20 or gem & mineral show?

=20 If this bill passes, it would be illegal for members of a gem and minera=
l
=20 club to collect trilobites, petrified wood or brachiopods and sell them
=20 at a club booth, at a gem & mineral show or a flea market. Professional
=20 collectors could expect a federal SWAT team to visit them at their home
=20 or place of business (including gem & mineral shows). How will you prov=
e
=20 that fossils legally collected on public lands were collected before the
=20 bill was enacted? This law would create tens of thousands of potential
=20 felons in gem and mineral clubs across America. The May 2000 Department
=20 of Interior report recommends:

=46uture actions should penalize the theft of fossils from federal lands
=20 in a way that maximizes the effectiveness of prosecutions and deters
=20 future thefts. Penalties should take into account, among other factors,
=20 the value of the fossils themselves, as well as any damage resulting fro=
m
=20 their illegal collection. Future program strategies should emphasize
=20 education of federal managers, prosecutors, law enforcement personnel an=
d
=20 the judiciary regarding the value of fossils and the techniques for the
=20 appropriate protection of fossil resources. (Page 9).

=20 If this bill passes because of collector and dealer apathy, you can be
=20 assured that a ban on the collection of mineral specimens, gold and
=20 lapidary materials will be soon to follow. Within a few years it will
=20 virtually impossible to collect any geologic object from the western
=20 United States. How will we interest a new generation of rockhounds, and
=20 what will become of the tens of thousands of adults and especially senio=
r
=20 citizens who look forward to rockhounding in the wide open spaces? This
=20 bill is a serious threat to our hobby, and a further erosion of our
=20 rights. I strongly encourage you to write to your congressional
=20 representatives. I have included the following links to find the
=20 appropriate addresses of your congressmen:

=20 http://www.senate.gov/senators/index.cfm
=20 http://www.house.gov/

=20 Also, please send a copy of the letter, fax or e-mail to Sen. Harry Reid
=20 (D-NV) at:

=20 Senator Harry Reid
=20 528 Hart Senate Office Building
=20 Washington, DC 20510
=20 202-224-0492 - PHONE
=20 202-224-7327 - FAX
=20 harry_reid_at_reid.senate.gov

=20 Unfortunately, we do not have much time to mount a credible defense. I
=20 hope we can persuade our congressional leaders to reconsider this assaul=
t
=20 on our sensibilities. In your communications with your representatives
=20 you may want to use some of the points I have brought up in my letter.
=20 Please let them know how this bill will affect you. Be logical in your
=20 comments and show them that the majority of collectors are responsible
=20 citizens who do contribute to the body of paleontological knowledge.



=20 Sincerely;

=20 Walt Lombardo
=20 Nevada Mineral & Book Company

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Dear Listees:


I post the following information for three reasons:


1) I know that -- like me -- many on the M-List are also fossil
enthusiasts


2) If this evil Bill is weaseled through, then meteorites may well be
next


3) I get really mad when people try this kind of jackboot enforcement
in my country



Briefly:


Two groups who obviously have too much spare time on their hands
(Society of Vertebrate Paleontologists and 'Save America's Fossils')
are submitting a Bill next week which -- if passed -- will effectively
end fossil collecting on public lands in the United States. It's bad
enough that you can already be arrested for collecting vertebrate
fossils on BLM land -- oh, and that is <underline>OUR</underline> land,
by the way, yes owned by the people of the United States . . . except
you can't do much on it without a permit.


This new Bill proposes massive fines, JAIL TIME, confiscation of cars
and tools, and other harsh penalties for people collecting fossils on
public lands without a permit (i.e. anyone not deemed suitable to
collect -- and you can guess who will and won't be deemed "suitable").
They might as well begin shooting people for fishing, and hand out hard
labor sentences for folks caught camping on public land. These
"concerned people" will not be content with ending fossil collecting in
the U.S either. They hope to place import restrictions on fossils from
other countries as well.


It's in astonishingly poor taste to present a useless Bill like this,
and waste Government time, when the U.S. facing an actual international
crisis. For those who care about this sort of thing, please contact
your Senators immediately, as attempts are being made to sneak this
Bill through next week. I have an excellent model letter -- written by
a respected paleontologist -- that I will be happy to provide to anyone
who is interested (please contact me off-list).


The following letters explain the situation in detail, and were written
by the eminent paleontologist Neal Larson (discoverer of T.Rex "Sue,"
President of the American Association of Paleontological Suppliers, and
V.P. of the Black Hills Institute), and Walt Lombardo of the Nevada
Mineral & Book Company.


Thanks for reading, please pass this along to interested parties, and
please pardon the long OT post.


Respectfully,


Geoff Notkin

www.paleozoic.org


****************************


Dear AAPS members, Congressmen, Amateurs, and friends;

=20

URGENT

=20

I have just received a copy of the new proposed Bill for the protection
of=20

paleontological resources on Federal Land, in my office. We are making

copies and will send you a copy if you desire, and will be willing to
do=20

something to fight. Please read over this letter that was forwarded to
me=20

from Larry Oliveria of Paleo-Ed Resources. Please read the well
written and=20

concise letter from Walt Lombardo, and contact your congressmen, and
your=20

fellow collectors. We must stand united to stop this horrible piece of

legislation. It has not yet been introduced, and we may not have much
time=20

to act on this. I have Marion Zenker working full time on this now,
and we=20

need all of you to help also. Also forward this to anyone else that
you=20

think may help.

=20

You may contact Marion K. Zenker at marionz_at_bhigr.com, or call her at=20

605-574-4289.

 =20

Neal L. Larson=20

President, AAPS

=20

=20

=20

 ________________________

=20

 October 5, 2001

=20

 Dear Fellow Collectors and Dealers:

=20

 I received an e-mail from a former coworker who now works for Nevada

 Senator Harry Reid (Democratic Senate Majority Whip) in Washington,
DC.

  He said they wanted to get some comments from amateurs so here goes.

=20

 The Society of Vertebrate Paleontology (SVP) and a group called Save

 America's Fossils for Everyone (SAFE) has persuaded members of the
House

 and Senate to submit a bill next week which will make it illegal to

 collect almost all fossils from Public Lands. The PDF file
containing

 the draft language of the bill is included as an attachment to this

 e-mail. To see the SVP position you can download the following online

 journal issue:

=20

  http://www.vertpaleo.org/bulletin/178.pdf. =20

=20

 You=92'll need Adobe Acrobat Reader, and the pertinent pages are 7-10.=20
SVP

 would even like to shut down fossil collecting in other countries,

 probably through import/export restrictions.

 A May 2000 position paper written by the Department of Interior
(under

 the previous administration) can be downloaded at:

=20

 http://www.fs.fed.us/geology/senate_report.htm

=20

 The SVP and Department of Interior positions, which are reflected in
the

 bill, are chilling. This legislation would criminalize the collection
of

 fossils from Public Lands to all but a select few. To collect fossils
on

 federal lands, one will have to get a permit, which will be issued
only

 for research and educational purposes. All fossils collected would
be

 property of the US Government, to be stored at a federally approved

 depository. A small amount of common fossils could be collected by

 amateurs under the conditions that they be for personal use only (NONE
to

 be sold), must be dug with hand tools only with no significant=20

 disturbance, and that the federal land manager of the area must
consent

 to amateurs collecting fossils on lands that they control. This last

 point means that amateur collecting would be a discretionary activity,
to

 be determined by each of the hundreds of land managers for the BLM
and

 US Forest Service (USFS).

=20

 If this bill is passed, collection of fossils on Public Lands (i.e.,
BLM,

 USFS) for commercial purposes would be forbidden. If the value of

 the material is less than $1000, the crime would be a CLASS A

 MISDEMEANOR, if over $1000 then it is a CLASS E 0R CLASS D FELONY.=20
Your

 automobile and collecting equipment could be confiscated, fines up to

 twice the damages are possible, as is jail time. Anyone who
collects,

 encourages someone else to collect, sells, or buys a fossil collected

 illegally would be subject to these penalties. How will the BLM and
USFS

 enforce this law? Probably through the FBI and Justice Department.=20

 Rather than looking for terrorists, bank robbers and murderers,
Congress

 will have law enforcement set its sights on otherwise law abiding

 citizens who enjoy collecting fossils and those who currently sell
them

 to universities, museums, teachers, collectors and children.

=20

 It appears that the major museum and university paleontologists do
not

 want amateurs (or worse, commercial dealers) collecting fossils. Its

 bad enough that most fossils are destroyed by weathering before
anyone

 has a chance to find them, but now collecting will be limited to a

 handful of academic professionals with limited funding, limited
staff,

 and a summer field season. Can you imagine the backlog of
unidentified,

 uncataloged fossils which would pile up at museums and universities

 waiting for someone who has the time to examine them? =20

=20

 One of the flaws of logic presented in this bill is the idea that the

 majority of fossils are rare.

 There are probably billions of fossils on Public Lands, at tens of

 thousands of fossil sites. How could the collecting of fossils by

 amateur and professional collectors significantly impact these sites?

 How many fossils from how many sites are actually being studied by

 academicians? How many millions of fossils will be lost due to

 weathering before they can be collected and preserved? Very few I'll

 wager. There are approximately 2,000 members of SVP, not all of whom

 would be accredited to collect if this bill was passed. There are
over

 264 million acres of public land, at least half of which are covered
with

 sedimentary rocks which potentially contain fossils. That would mean

 each of the 2,000 SVP members would need to collect and study 13,200

 surface acres before these fossils are lost to the elements. This is
not

 going to happen! What is wrong with having well educated amateur
and

 professional collectors find fossils, preserve them and possibly sell

 them to collectors and institutions?

=20

 Apparently, the fact that many universities and museums have

 traditionally acquired fossils or fossil localities from amateur and

 professional collectors is ignored. As is the fact that many of
the

 fossils bought and enjoyed by the public are collected by amateurs
and

 professional collectors. How many children develop an interest in

 paleontology and the earth sciences after buying a fossil at a rock
shop

 or gem & mineral show?

=20

 If this bill passes, it would be illegal for members of a gem and
mineral

 club to collect trilobites, petrified wood or brachiopods and sell
them

 at a club booth, at a gem & mineral show or a flea market.=20
Professional

 collectors could expect a federal SWAT team to visit them at their
home

 or place of business (including gem & mineral shows). How will you
prove

 that fossils legally collected on public lands were collected before
the

 bill was enacted? This law would create tens of thousands of
potential

 felons in gem and mineral clubs across America. The May 2000
Department

 of Interior report recommends:

=20

=46uture actions should penalize the theft of fossils from federal lands

 in a way that maximizes the effectiveness of prosecutions and deters

 future thefts. Penalties should take into account, among other
factors,

 the value of the fossils themselves, as well as any damage resulting
from

 their illegal collection. Future program strategies should emphasize

 education of federal managers, prosecutors, law enforcement personnel
and

 the judiciary regarding the value of fossils and the techniques for
the

 appropriate protection of fossil resources. (Page 9).=20

=20

 If this bill passes because of collector and dealer apathy, you can
be

 assured that a ban on the collection of mineral specimens, gold and

 lapidary materials will be soon to follow. Within a few years it
will

 virtually impossible to collect any geologic object from the western

 United States. How will we interest a new generation of rockhounds,
and

 what will become of the tens of thousands of adults and especially
senior

 citizens who look forward to rockhounding in the wide open spaces?=20
This

 bill is a serious threat to our hobby, and a further erosion of our

 rights. I strongly encourage you to write to your congressional

 representatives. I have included the following links to find the

 appropriate addresses of your congressmen:

=20

 http://www.senate.gov/senators/index.cfm

 http://www.house.gov/

=20

 Also, please send a copy of the letter, fax or e-mail to Sen. Harry
Reid

 (D-NV) at:

=20

 Senator Harry Reid

 528 Hart Senate Office Building

 Washington, DC 20510

 202-224-0492 - PHONE

 202-224-7327 - FAX

 harry_reid_at_reid.senate.gov

=20

 Unfortunately, we do not have much time to mount a credible defense.=20
I

 hope we can persuade our congressional leaders to reconsider this
assault

 on our sensibilities. In your communications with your
representatives

 you may want to use some of the points I have brought up in my letter.

 Please let them know how this bill will affect you. Be logical in
your

 comments and show them that the majority of collectors are
responsible

 citizens who do contribute to the body of paleontological knowledge.

=20

=20

=20

 Sincerely;

=20

 Walt Lombardo

 Nevada Mineral & Book Company

--============_-1209264182==_ma============--
Received on Thu 11 Oct 2001 11:45:02 PM PDT