PALEONTOLOGICAL RESOURCES PRESERVATION: HOW THE
FOREST SERVICE DISCOURAGES ROCK AND MINERAL CLUBS FROM COLLECTING INVERTEBRATE
FOSSILS AND PLANTS
DISCLAIMER: THE FOLLOWING
IS MY OPINION AFTER READING, AND TRYING TO UNDERSTAND, PART 291 PALEONTOLOGICAL RESOURCES PRESERVATION RULES EFFECTIVE MAY
18, 2015, AS PUBLISHED IN THE FEDERAL REGISTER.
Recently the Federal
Register published new rules for collecting common invertebrate and plant fossils
on land managed by the US Forest Service (USFS), and presumably soon to be
copied by the BLM. In my opinion these
new regulations are among the most inelegant that I have observed in the
federal bureaucracy. I just want readers to understand that the new
fossil collecting regulations will/could affect fossil collecting field trips by
individuals, rock and mineral clubs and university/college/K-12 students. The implementation of the rules marks a sad
day in the world of science.
The new laws have their
birth in the fossil collecting rules and regulations implemented under the Omnibus Public Land Management Act of 2009
Paleontological Resources Preservation subtitle (The Act). I have
explained the 2009 Act in previous articles and noted that the law was written
to protect vertebrate fossils on public lands, mainly from commercial
collectors, but also disallowing individual collecting privileges without a
permit. I supported most, but not all of
the, tenets of the Act.
One part of the 2009 law
that I supported was the “fact” that common invertebrate and plant fossils
could be collected by recreational collectors:
Subtitle D--Paleontological Resources
Preservation
SEC. 6301. DEFINITIONS.
In this
subtitle:
(1)
CASUAL COLLECTING- The
term `casual collecting' means the collecting of a reasonable amount of common
invertebrate and plant paleontological resources for non-commercial personal
use, either by
surface collection or the use of non-powered hand tools resulting in only
negligible disturbance to the Earth's surface and other resources. As used in
this paragraph, the terms `reasonable amount', `common invertebrate and plant
paleontological resources' and `negligible disturbance' shall be determined by
the Secretary.
However, the USFS has
reinterpreted the 2009 Act as mandating similar collecting rules for
invertebrate and plant fossils as the The Act provided for vertebrate
fossils. The USFS believes the new
onerous rules will provide “for the
preservation, management, and protection of paleontological resources on
National Forest System lands (NFS), and insures that these resources are
available for current and future generations to enjoy as part of America's
national heritage.” It appears to me
that the USFS unilaterally decided to change the intent of the 2009 Act that
was approved by the US Congress. Instead
of following US Law (The Act) the agency went “overboard” and came up with a new
set of rules that appear almost unenforceable, and are a disincentive for using
geology as a gateway for young adults to move into STEM
(science-technology-engineering-math) fields.
I believe the agency paid scant attention to the differences between
protection for scarce dinosaur bones and protection for tens of thousands of
species (hundreds of thousands of individuals) of invertebrate fossils. And, they ignored the tenets of the 2009 Act.
The new regulations became
law on May 18, 2015, on USFS lands and likely will soon be followed on lands
managed by BLM and other agencies. The draft
edition of these rules came out a year ago and several people offered comments
as to the ridiculous and unworkable nature of the proposal. It seems as if the agency paid little attention
to concerns of citizens (and what the 2009 Act promised for collectors of
invertebrate and plant fossils) and the new laws appeared April 18 in the
Federal Register and are now with us permanently.
I have always tried to
work, for decades, with federal land agencies in protecting fossil
resources. However, this time the USFS has
simply gone overboard with trying to define and protect items that need little
or no protecting. It is easy to
understand the 2009 Act written to protect vertebrate fossils. I guarantee that you will not understand
fully the new laws written to protect thousands of invertebrate fossils and
plants. We are concerned about the
reading and comprehensive understanding abilities of our K-12 students. These new rules are written to confuse
scientists and others with advanced degrees.
And yet the USFS notes that it is not their responsibility to explain
and educate but that collectors need to read and understand the Federal Register.
As I interpret a portion
of laws, and this is a stretch, USFS land is open to casual collecting of
common invertebrates unless posted. But,
take the term causal collecting---what
does that mean to you? To me the terms
indicates perhaps the Colorado Springs Mineralogical Society (CSMS) Fossil Club
(or just a single individual) planning for a couple of weeks to head out to
some fossiliferous limestone with a crack hammer, a big pry bar, bags, etc. to
have a great time on the slopes. The
2009 Act defined it as: The term `casual collecting' means the collecting
of a reasonable amount of common invertebrate and plant paleontological
resources for non-commercial personal use.
However, the USFS in
their infinite wisdom decided not use the term hobby collecting or recreational
collecting (that is what most rock and mineral club members do) but to redefine
causal collecting as generally
happenstance without intentional planning or preparation.., the view of casual
collecting as an activity that generally occurs by chance without planning
or preparation. So now I am thinking causal collecting involves
tiptoeing through the daisies enjoying the colors and looking down and spying a
“common fossil” and deciding to pick it up and stick it in your pocket. The terms without
planning or preparation really bothers me as I ALWAYS prepare when heading
out into the field! Anything with
planning would require a permit (more later).
Why would the USFS decide to use a definition from Merriam-Webster’s
Dictionary when Congress had defined causal collecting in the 2009 Act?
So, causal collecting
involves common invertebrate and plant paleontological resources which means
plentiful and not rare or unique. The final definition also incorporates a
geographical factor of wide-spread distribution, which means that the resource
is distributed over a relatively large geographical area. This final definition
also clarifies that not all invertebrate and plant paleontological resources
are common; some are not common because of their context or other
characteristics and, therefore, are not eligible for casual collection.
Therefore, an Authorized
Officer of the USFS will decide which invertebrates are common-----I certainly
see this as a problem. For example, I am
out pounding on some limestones looking for some “common” snails and as usual I
bag several hunks of the rock. I get
back to the garage and begin to trim the rocks and there is a brachiopod shell
not on the “common” list. Well, I have
broken the law several times---what happens to the brachiopod shell? In olden days I would take it to a museum and
turn it in for study. Today I stick it
on a hidden shelf or chuck it in the valley (fearing the Authorized Officer
would close the locality due to a rare species). And, I probably collected “too many” snails
(broke the law), and I had planned to go hunt for fossils (broke the law), and
on and on.
In constructing the rules,
the agency simply did not understand about the nature of invertebrate
fossils---large numbers of different species often occur together and often in
prodigious numbers of individuals. What
Authorized Officer is going to find time to study all fossil-bearing rocks in
their District and then decide about collecting opportunities on these
outcrops? I am frightened that the USFS
will not have adequate time to study outcrops and therefore decide to simply
close the rocks to causal collecting. But of course since I plan for my collecting
trips I am not eligible for causal collecting.
The term non-commercial
personal use as used in the definition of casual collecting clarifies the types of use allowed under
casual collection, and means uses other than for purchase, sale, financial gain,
or research. OK, so a
causal collector cannot sell fossils collected; however, a collector cannot use
his collection for research! Whoa.
I spent my career working with students and amateur collectors of all
ages and encouraged individuals with interesting fossils to read and study the
primary literature, make critical decisions, and then write up and submit an
article for a journal, newsletter, or present a poster/podium talk at a
professional meeting. Now the agency is
telling me (and the students) that a permit is required for this activity! That action would turn off anyone interested
in providing information about the interesting fossil to the professional
community or the general public. Research
is likewise not considered to be a personal use and, therefore, requires a
permit. Overkill and a lack of
understanding that not all research takes place in a research university.
There is also a reasonable
amount provision: A person may remove up to 100 pounds in weight per
calendar year, not to exceed 25 pounds per day. Development of this reasonable
amount criterion reflects, in part, the view of casual collecting as an
activity that generally occurs by chance without planning or preparation. This definition of causal collecting is not
following the intent of the 2009 Act approved by congress.
I have collected in many
localities where different geologic units are stacked one on top of another and
many/most contain common invertebrate fossils.
Perhaps the fossils are embedded in a limestone or sandstone and one
needs to return to their garage in order to use a splitter to help extract the
individuals. A strong back might be able
to haul out 75 pounds of rock hunks. But
wait, the agency states the reasonable
amount limit established for casual collection is an absolute specified amount,
and is not a “per locality” or “per bed” or “per fauna” limit. Amounts
collected at different locations, from different beds, and/or representing
distinct faunas would all contribute cumulatively to the established total
reasonable amount annual limit… The reasonable amount limit would apply to the
entire amount of material removed in a year, including fossils and any
enclosing matrix.
Treating
invertebrate fossils in matrix the same as collecting petrified wood (petrified
wood has its own collecting rules based on weight) is ridiculous. And, if
you trim rocks in the field be warned that discarded material would be considered as
disturbed surface material in context of the negligible disturbance criterion. In my opinion, this rule will be impossible to
enforce unless a “Ranger” checks you on the way out of the field. Again, upon returning home I would trim the
matrix off the fossils and perhaps even extract the complete fossil from the
matrix---that is an important rule in paleontology: do not try and extract the
fossil in the field as Mike’s Law states that is will break right down the
center. So, after working the fossil out
of the matrix at home I now have an 8 oz. specimen rather than 15 pounds as I
discarded 14.5 pounds of matrix in the back yard rock pile! What a way to
discourage hobby collectors.
And, if you want a real
chuckle (the sad but true thing) read the following regulation: Non-powered
hand tools mean small tools that do not use or are not operated by a
motor, engine, or other power source. These tools are limited to small tools
that can be easily carried by hand such as geologic hammers, trowels, or
sieves, but not large tools such as full-sized shovels or pick axes. OK, you can collect with geologic hammers
or small shovels but not with pick axes or full-sized shovels. Personally I would love to see a court case
where a person was issued a ticket because the shovel handle was too long? Wonder what the size range is?
There is also the onus of
non-causal collectors (virtually everyone except the daisy tiptoers as far as I
can tell) filing for a permit. My
students and I usually collected fossils, including specimens for the
University collections (requires a permit), at times when weather
permitted. In today’s world the
collecting would come to a standstill since the turnaround time on a permit
from an Authorized Officer would not be in a day or two! In addition, public rock and mineral clubs
such as CSMS have active groups of young people (Pebble Pups and Earth Science
Scholars) and adults (Fossil Interest Section) who love to go on collecting
field trips but who now must apply for a permit to collect fossils since the
groups often study their specimens (research) with the intention of submitting
information for peer review and publication.
Yes, young people can do research!
The new rules prohibit causal collecting if there is any hint of
research.
I am greatly disappointed
in the agency as I strongly believe their actions will discourage children and
young adults from deciding on a career in a STEM field. Geology and paleontology are often the
gateway for students entering a field of science as a career. What are children interested in? Fossils, especially dinosaurs, are well known
to millions of children. They are not
interested (usually) in algebraic equations---but they might decide on a career
in math later in life as they study fossils.
The United States badly needs STEM career students and I believe the
agency overkill regulations are discouraging these students from entering
science and are detrimental to educating students. The agency’s response: The
Department expects that casual collectors, including children and students,
would be encouraged by the knowledge that uniform standards now exist for
casual collecting (try to explain that to an 8 year old) that will be applied consistently across
the Agency. The respondents' suggestion that conditions established for casual
collecting would serve as a disincentive for collection and result in loss of
interest and further pursuit of knowledge in paleontology and science are conjectural
and not substantiated. Well, I don’t believe the agency is out working
with these students on a daily basis!
Individuals who wish to develop paleontological
expertise or education by collecting paleontological resources in a manner
beyond the scope of conditions established for casual collection are not
precluded from doing so under the regulations; however, a permit would be
required.
If you, the reader,
thought the above was sort of ridiculous wait until you try and decipher the
permit system. If I read the law
correctly (and perhaps I am too dense to understand), any collecting other than
causal would require a permit---remember no planning and no research. OK, the provisions (some shown below) of the
permit system are absolutely amazing:
Applicants for permits must provide the following
records and information to the Authorized Officer in support of an application.
Show citation box:
(a) The name, titles, academic or professional
affiliations, and business contact information of the applicant and all
persons who would be named on the permit;
(b) The applicant's current resume,
curriculum vita, or other documents that support an applicant's qualifications;
(c) A detailed scope of work or research plan
for the proposed activity. This must include maps, field methods, associated
records, estimated time and duration of field season, proposed field party
size, and specific information regarding storage, stabilization, and curatorial
arrangements for collected specimens and data;
(e) Identification of a proposed repository for
collected specimens, including written verification that the proposed
repository agrees to receive the collection of paleontological resources and
associated records and acknowledges that all costs will be borne by the
applicant and/or approved repository, unless otherwise addressed in a separate
written document;…
(1) The applicant has a graduate degree in
paleontology or a related field of study with a major emphasis in
paleontology from an accredited institution, or can demonstrate training and/or
experience commensurate to the nature and scope of the proposed activities;
(2) The applicant has experience in collecting,
analyzing, summarizing, and reporting paleontological data and experience in
planning, equipping, staffing, organizing, and supervising field crews on
projects commensurate to the type, nature and scope of work proposed in the
application; and finally,
Permit applications are anticipated to require an
average of 5.5 hours to complete, and permit reports are anticipated to
require an average of 13 hours to complete.
As I try to interpret the
permit system I really have lost all faith in the USFS. For example, examine the CSMS where the
Fossil Group and an active Pebble Pups/Earth Science Scholars might explore for
fossils on USFS land. First of all, any
exploration would require a permit since this obviously is not causal
collecting as both groups like to conduct research on fossils with some
publication—but examine the permit regulations.
Many/most rock and mineral clubs do not have members with an advanced
degree in paleontology;
Even fewer clubs have members with experience in collecting, analyzing, summarizing, and reporting paleontological data
and experience in planning, equipping, staffing, organizing, and supervising
field crews;
So perhaps (again trying to understand the regulations) if a club did
apply for a permit for the Fossil Interest Section members, someone would need
to:
locate an approved repository for fossils the group might collect---
Fossils stored in repositories remain the property of the United States and
storage cases cost money! Museums might
not want the fossils, and if they did, who would pay for the cases?
It would cost “someone” 5.5 hours to complete each permit application,
and another 13 hours to write up a final report.
So, what the USFS has
done is effectively shut down informal collecting of invertebrate fossil and plants
by any organized group such as rock and mineral clubs and their affiliates if
members wanted to conduct research on collected specimens.
If the Pebble Pups/Earth Science Scholars Take an “educational Field Trip”
for causal collecting the Authorized Officer may withhold specimens that have
been determined not to be common invertebrate and plant paleontological
resources---take it away from the kid.
On the other hand, the law seems totally unenforceable and civil
disobedience (generally unintentional) will be rampant. Instead of fostering cooperation between
agency personnel and community groups and educational institutions, the law
will create another schism that the country does not need.
So what is the answer (although I doubt the agency is listening)? First
of all, use the original definition of causal collecting as listed in the 2009
Act and get rid of the provisions about happenstance
without intentional planning or preparation.., the view of casual collecting as
an activity that generally occurs by chance without planning or preparation. Better yet call it by what it really
is---hobby collecting or recreational collecting. Eliminate the permit system unless the agency
is dealing with researchers usually associated with universities or
museums. Encourage fossil collecting by
children and encourage hobby collectors to visit a university or museum with
interesting finds and discoveries. And
if the agency has an area of rare or uncommon fossils simply close the area to
collecting---judiciously examining the “rare” fossils. Previous to the enactment of these new
collecting rules the USFS/BLM had a perfect solution to protecting rare and
critical invertebrate fossils---they simply closed the area to collecting. An exemplary case is the ammonite beds near
Kremmling, Colorado. Seeing the need to
protect these exceedingly large and beautiful specimens from further
collecting, the Agency simply closed the outcrops and posted the land. The weight limitations of collecting, modeled
after the petrified wood regulations, need elimination. Petrified wood is usually 100% percent
fossilized wood. Invertebrate fossils
usually have matrix attached---why should the matrix count as part of a
limit? And finally, revise the section
on degradation of the landscape and the size of the tools. Emphasize the need for collectors to backfill
holes and keep damage to a minimum. Educate collectors rather than threaten people
with all these onerous “size of tools” laws.
I find it almost, but not quite, humorous that the USFS is worried that
some kids out digging fossils are going to create more damage to the surface
than one rogue mountain biker, or horseback rider, or ATV rider. Around Colorado Springs the claim jumpers and
night diggers seeking “mineral wealth” are the chief destroyers of the
landscape, not legitimate mineral collectors.
As stated previously, I have long been a supporter of federal agencies
protecting resources, where needed, but also working with concerned citizens to
allow multiply use of agency land. The
rules now in place for collecting of invertebrate fossils and plants are simply
mind boggling, and in my opinion, do not follow the intent of the 2009 Act
approved by Congress. I am at a loss
about any action except that I will contact my Senator and Congressman. I will report their unilateral redefinition
of causal collecting as originally approved by Congress but also their actions inhibiting
children and young adults from becoming interested in STEM careers (although
the USFS does not believe this statement; however, they are not out here in the
trenches). My final question is why does
the USFS want to punish groups of concerned individuals (rock and mineral
clubs) who try very hard to help educate children and adults of all ages about
the interesting aspects of science?
The new collecting rules may be found in:
