From: "Robert Cranston" <rlcranston@...>


One of the major catastrophes of losing a computer through virus and
worms is the loss of an address file. When I got 15 virus' and 3
worms in a 2 week time frame, I lost all of my address file, so I
can no longer communicate with most of the people in the 7
Federations. I ask each of you to pass along this message from
George Loud. It will appear in the AFMS newsletter but I understand
the majority of the Club members never see that bulletin either.
This should be headline news in every Club bulletin as it affects
your future in gelogical, mineralogical and paleontological
collection. If you don't care about those issues, then do
nothingand those privileges will indeed disappear. This would be a
good time for a strong effort by ALAA to make a major contribution
to defeat this legislation. Bob Cranston


LOUD & CLEAR March 2004

H.R. 2416 - Paleontological Resources Preservation Act

As I write this in mid-January, H.R. 2416 is "stalled" in several
House committees, including the Subcommittee on National Parks,
Recreation and Public Lands, the Subcommittee on Forests and Forest
Health, and the Subcommittee on Fisheries Conservation, Wildlife and
Oceans, all subcommittees of the House Resources Committee. The
companion bill in the Senate (S546) passed on voice vote and some
predicted smooth sailing through the House. However, by letter,
email and telephone, opponents of the bill were able to get
sufficient information to House members on the key committees to at
least delay the legislation.

In my early teens (several years ago) I collected a rock only
recently confirmed by a professional paleontologist to be petrified
bone. Take the problem of identification, add the problem of
ignorance of boundries of public lands, and mix in the draconian
criminal and civil penalities of H.R. 2416, and we have a mix likely
to cast a chill on all collecting on public lands. For example,
H.R. 2416 provides for forfeiture of "all vehicles and equipment of
any person that were used in connection with the violation" (section
11(b)). We have such a forfeiture provision in statutes dealing
with drug traficking, but fossil collecting?

The following is representative of letters I have sent to over 50
House members:

Congressman (or Congresswoman) _________
U.S. House of Representatives
Washington, D. C. 20515

Re: H.R. -
"Paleontological Resources Preservation Act"

Dear Congressman (or Congresswoman) ______:

I am writing in opposition to the captioned bill. I serve as
Chair of the Conservation and Legislation Committee of the American
Federation of Mineralogical Societies (AFMS), a national
organization of "rockhound" clubs, representing about 50,000
rockhounds throughout the United States.

I offer a wager to any of your colleagues inclined to support HR
2974. I will bring a group of ten (10) rocks, including one
vertebrate fossil, to any location in the National Capital area at a
time of their choosing. My bet is that they cannot identify the
vertebrate fossil within a reasonable period of time. Yet HR 2416
would require such skill of ordinary citizens and impose draconian
penalties in the event of failure.

The Senate companion bill (S546) has already passed the Senate.
Here's what Washington Watch had to say about S546:

"Bad Bills
S546 Anti-rockhounding bill titled the
"Paleontological Resources Preservation Act" places severe penalties
on recreational rockhounding, would permit only "experts" to disturb
public land surfaces. Allows for seizure of private vehicles,
camping equipment and anythiing else the government wants to grab
for even minor violations. This bill assumes that big brother
government has all the answers, even though some of the greatest
discoveries of dinosaurs in pre-recorded history has been done by
private individuals."

Frankly, I was surprised that the forfeiture provision for
seizure of vehicles and other property of the malfeasor (without
right to trial ?) is also provided for in the House bill, even if
the violation is characterized as a "civil penalty", i.e. does not
rise to the level of a crime (misdemeanor or felony). The
forfeiture provision would put erring fossil collectors in the same
peril as drug dealers.

What else is wrong with HR 2416? Answer: a lot. For example,
Section 9 "Prohibited Acts; Penalties - False Labeling Offenses"
provides "a person may not make or submit any false record, account,
or label for, or any false identification of any paleontological
resource excavated or removed from Federal lands." Pity the poor
collector or curator, amateur or professional, who mistakes a
Psittacosaurus bone for a Chasmosaurus bone. Such misidentification
can make a criminal. Thankfully, I only collect minerals which I
all too often misidentify.

I also object to Section 15 of the bill entitled "Saving
Provisions", Provision 3 which specifies that the bill does not
apply to "amateur collecting of a rock, mineral or invertebrate or
plant fossil that is not protected under this act." I wish to
specifically address the situation here in Northern Virginia where I
have lived for over 30 years. During this time I have received
numerous inquiries from Scout leaders as a loss as to where to take
scouts to collect geological materials and fulfill the requirements
for a merit badge in geology. I have always directed them to
Westmoreland State Park (a Commonwealth of Virginia Park) where
fossils can be collected along the Potomac shoreline. I personally
have led "Indian Princess" (YMCA/YWCA) groups on such collecting
trips along the shores of the Potomac. On one such trip, which I
vividly recall because my own daughter was present, every one of the
approximately ten children found at least one fossil shark's tooth.
Other materials collected included fossil whale bone. The kids were
thrilled and took their treasures into their schools for show and
tell sessions. Please understand that this activity would not have
been possible if the Potomac shoreline was in a National Forest
subject to the provisions of the legislation as proposed in the form
of HR 2416 because all of the fossils collected by the kids on the
trips I have described were vertebrate fossils. I could also relate
my own experiences as a youngster collecting vertebrate fossils in
creek beds but I do not wish to belabor the point. I recognize that
current BLM and Forest Service regulations prohibit the collecting
of any vertebrate fossil without a permit, however I believe that
this policy is wrong-headed and certainly should not be made
statutory law.

Young kids and old kids should be free to collect common
vertebrate fossils as well as common invertebrate fossils on public
lands. Fossil collecting is and has been a gateway to the sciences,
i.e. it is often one's first hands-on experience with anything
science related.

For the foregoing reasons I urge you to oppose H.R. 2416.



Diver Arrested in Alabama October 20, 2003

State law can also get you. On October 20th Perry Massie, CEO of
Outdoor Channel Holdings, and Steve Phillips, owner of a scuba
diving school, ran afoul of a rather new Alabama law while diving
for relics, gold, fossils and anything else old, and using a metal
detector, in the Alabama river near Selma, Alabama. Mr. Massie
reports he had been diving at this same locality for 30 years and
was ambushed by a law newly "slipped through" the Alabama
legislature.

California Desert Protection Act

The Needles field office of the BLM is currently in the process
of considering management options for closure/obliteration of
vehicle ways in twelve of the eighteen areas designated as
wilderness under the act. A notice dated December 23, 2003 states:
"We welcome public participation in identifying vehicle ways in the
proposed areas that are commonly used for wilderness compatible
recreation." Interested parties may contact Christi Oliver,
Wilderness Coordinator, at 760-326-7021 or by email at
coliver@.... Or visit their website at
www.ca.blm.gov/needles.

Sad postcript

Charlie McPherson (age 95), the man who took me in my teen years on
the collecting trips mentioned earlier in this column lies dying in
Covington TN as I write this. Charlie introduced many youngsters to
the beauty of God's creation. He participated in a wildflower
society, mineral club and birdwatcher group. We need more people
like Charlie, but there will never be another exactly like him.
Please remember him in your prayers.

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