was actually the rare early bird Archaeopteryx. Ostrom's research was critical in establishing the link between dinosaurs and birds that became a proudly recited fact for every young dinosaur aficionado. Only when specimens are properly collected and permanently preserved in public institutions can researchers access these specimens in order to make these comparisons. And when these comparisons and interpretations are made education and the general public greatly benefit by having access to this new interpretive knowledge through media reports, books, and the Inter net. In a poll taken in 1991 of America's major museums, more than 49% of the 1.8 million specimens of dinosaurs and other fossil vertebrates in their collections were from public lands. Of the overall total, amateurs had donated more than 100,000 specimens to museums and significantly less than 1% of the specimens came from commercial collectors (Stucky and Ware, 1991). H.R. 2416 does not change any current aspect of access to fossils on public lands on the part of amateurs, educators, or professional scientists. It does codify current land management authority and practice into uniform guidelines. This will help paleontologists to ensure that they are complying with the law when doing research on Federal lands. It also will help increase the awareness of the cooperative spirit of amateurs and professionals and provides for stronger penalties for those who would destroy or permanently remove valuable fossils from our public heritage. We urgently need stronger penalties for theft and destruction of fossils from public lands. Sadly, some of the most egregious cases of theft and vandalism have occurred on Federal lands belonging to all Americans. The rapidly increasing commercial value of fossils has created a situation where the limited penalties that exist are not sufficient to deter illegal collecting. In the Report "Fossils on Federal and Indian Lands" it was noted that "the fines currently imposed on fossil thieves are usually low compared to the lost resources. For example, one man who had stolen fossils from a national park over a period of years was fined a total of $50." (Babbitt, 2000 p. 29) In many cases the theft of fossils is so widespread and occurs so rapidly that we do not even know what is being lost. In a study commissioned by the Forest Service, it was found that almost one-third of the paleontological sites surveyed in the Oglala National Grassland showed evidence of unauthorized collecting. In 1999, the National Park Service identified 721 documented incidents of paleontological resource theft or vandalism, many involving many specimens, in the national parks between 1995 and 1998. (Babbitt, 2000 p. 28) The increased commercial market for fossils worldwide has sometimes led to distortion of the fossil record. In some cases fossils have been altered in order to inflate their commercial value. And we have lost significant specimens from further scientific investigation and exhibit, making it harder for people to see and examine for themselves the authentic objects in our museums. It is critical that scientifically significant fossils from Federal lands, i.e. that portion of the fossil record that belongs to the American people, remain in the public domain so that everyone children and adults, amateur and professional paleontologists—may benefit from this irreplaceable resource. I would like to conclude by telling you about one example of the kind of cooperation, which exists between Federal agencies, amateur paleontologists and professional paleontologists. Figure 1 shows a Tyrannosaurus rex that was found on Federal land by amateur paleontologist Kathy Wankel. She reported this find to dinosaur paleontologist Jack Horner of the Museum of the Rockies at Montana State University, Bozeman. The MOR was able to collect this fossil and the contextual data and to learn much more about this animal known to all schoolchildren. Dr. Horner is currently in the fifth year of a field study in the Charles M. Russell National Wildlife Refuge in eastern Montana. To date eight Tyrannosaurus rex skeletons have been discovered. The field study is yielding valuable information about this most famous of the dinosaurs and the environment in which it lived. The work of the Museum of the Rockies has made it possible for the National Museum of Natural History, Smithsonian Institution, to collect one of these specimens. Thus, our National Museum will be able to display an actual specimen of this celebrated American dinosaur for the first time. The passage of H.R. 2416 will foster more and more opportunities like this and inspire the long-term preservation of these priceless national resources. References: Babbitt, B. 2000. Report of the Secretary of the Interior: Fossils on Federal and Indian Lands Stucky, R.K., and S. Ware. 1991. Questionnaire concerning fossil collecting on Federal Lands. DMNH, Denver. Mr. RENZI. Thank you, Dr. Forster, for your testimony. STATEMENT OF TED J. VLAMIS, AMATEUR PALEONTOLOGIST Mr. VLAMIS. Thank you very much for the opportunity to testify here today. I am in favor of H.R. 2416, the Paleontological Resources Preservation Act. One of the most gratifying things for me as an amateur paleontologist has been the opportunity to collaborate with professional scientists, to learn from them, and to make my own small contribution to the advancement of scientific knowledge. H.R. 2416 puts no new restrictions on amateur paleontologists like me. We can continue to collect for personal use common plant and invertebrate fossils on multi-use lands without a permit, and our colleagues who are amateur rock and mineral collectors will benefit from the provisions of Section 14. H.R. 2416 impacts neither private lands nor existing private collections. The PRPA has been endorsed by both the Western Interior Paleontological Society, an organization of over 300 amateur paleontologists, and by the Dry Dredgers, the Cincinnati area amateur group. Because of my personal interest in Paleontology, and the nexus between paleontology and public policy, I have studied the problems of illegal collection and theft of fossils from Federal lands for the past several years. I would like to share with you a couple of case histories that illustrate what is happening to this valuable public resource, beginning with the story of three allosaurus specimens, and this would be what allosaurus is, a large meat-eating dinosaur from the Jurassic period. In 1991 the BLM discovered an illegal commercial collection taking place on Federal land. They contacted the Museum of the Rockies at Montana State University at Bozeman, and asked them to collect the specimen and hold it in the public trust. As a result of this the most complete Allosaurus ever found, which this commercial collector intended to sell to a private collector overseas, has now been saved for all the people of the United States. The commercial collector who had attempted to steal this fossil and the information that it tells us was never prosecuted. Unfortunately, the American people were much less fortunate in the case of another Allosaurus find illegally collected from BLM land near Fremont Junction, Utah. The collector was not prosecuted because of the lapse of the statute of limitations. The commercial fossil dealer, who purchased the Allosaurus for $90,000 and sold it to a Japanese collector for $400,000 plead guilty to the receipt of stolen property and was sentenced to 1 year probation. His company was fined $50,000. A profit of $260,000 is not an effective deterrent. We must have stronger penalties and specific laws protecting fossils on Federal lands to deter this type of illegal activity and this Allosaurus remains in Japan today and has not been able to be recovered for the people of the United States. A paleontological area near Grand Junction, Colorado, is the first management area specifically protected by the Bureau of Land Management solely because of fossils. During a trip there, I was able to learn much about the important research that is being done at that site. Unfortunately, I also witnessed the damage that is occurring there because of theft and vandalism. Here in Figure 2, this kind of gray area that you see here is all that remains of what was once a largely intact Allosarus vertebrae. The remainder of the vertebrae, which protruded from this rock, has been hacked away by people illegally harvesting this. Here in Figure 3, we see the gray here is part of what was once a major portion of an Allosaurus skeleton, and over the years people have just lopped off pieces of it to take home and put on their mantles, or sell to people, or whatever, but most of it has disappeared. And here you can see a depression in the rock, and this is from Dinosaur Hill, which is near the paleontological area. There was once a deplodicus femur there, but somebody has carted that away. The paleontological community is strongly in favor of laws protecting fossils on public lands and of prohibiting their collection for commercial use. The Society of Vertebrate Paleontology collaborated with the Paleontology Society several years ago and issued a joint statement regarding fossils on public lands, which is consistent with 2416. Together these two societies represent several thousand individuals, including more than 90 percent of the professional paleontologists, and a very large proportion of amateur paleontologists.. Similar, the American people support the type of stewardship of fossils on Federal lands that is embodied in H.R. 2416. In a survey, 85.3 percent agreed with the statement that, quote, fossils of animals with backbones are part of our national heritage and should be protected in much the same way that archeological remains are not protected. And 88 percent agree, quote, that if laws are created to restrict the collection of fossils on public lands, the only people who should be allowed to collect them are people with appropriate skills for doing so, and with a permit for that purpose. All the fossils that they find should go into museums and universities prepared to protect them. These are exactly the principles that we see in H.R. 2426. So the amateur and professional paleontological communities, and the general public, need the information from fossils found on Federal lands, and they want these fossils to be protected by theft and vandalism so that this part of our natural heritage is preserved as a national treasure for all Americans. I want to thank you again for the opportunity to testify here. I have entered further remarks in the written record, and I would be happy to answer any questions that you may have. [The prepared statement of Mr. Vlamis follows:] Statement of Ted J. Vlamis, Amateur Paleontologist, on H.R. 2416 I'd like to thank you for the opportunity to testify in favor of H.R. 2416, the Paleontological Resources Preservation Act. I am an amateur paleontologist, and have seen firsthand how the increased public interest in paleontology has motivated many Americans to make an avocation of the fascinating field of study. One of the most gratifying things for me has been the opportunity to collaborate with professional scientists-to learn from them, and to make my own small contribution to the advancement of scientific knowledge. I have had the pleasure in participating in fieldwork with the Dinamation International Society, the Universidad Autonoma de México, the Shuler Museum of Paleontology at Southern Methodist University, and the Ft. Worth Museum of Nature and History. I have been an active member of the Society of Vertebrate Paleontology, including serving as a member of its Government Affairs Committee since 1996 and as Affiliated Societies Liaison from 1997-2002. By having amateurs like me serve in significant positions, the SVP has ensured that it reflects the interests of both professional and amateur paleontologists. H.R. 2416 puts no new restrictions on amateur paleontologists like me. We can continue to collect for personal use common plant and invertebrate fossils on multiuse lands without a permit. And our colleagues who are amateur rock and mineral collectors will benefit from the provisions of Section 14, which recognizes that casual collecting of rocks and minerals for personal use is a valid use of National Forest System lands. H.R. 2416 impacts neither private lands nor existing private collections. The PRPA has been endorsed by both the Western Interior Paleontological Society, an organization of over 300 amateur paleontologists, and by the Dry Dredgers, a Cincinnati area amateur group. Because of my personal interest in paleontology, and the nexus between paleontology and public policy I have studied the problems of illegal collection and theft of fossils from Federal lands for the past several years. I'd like to share with you a couple case histories that illustrate what is happening to this valuable public resource. I'm going to begin with the story of three Allosaurus specimens. Allosaurus was a large carnivorous dinosaur of the Jurassic period (fig. 1). In 1991, the BLM discovered an illegal commercial collection taking place on Federal land. The BLM contacted the Museum of the Rockies at Montana State University-Bozeman and asked them to collect the specimen and hold it in the public trust. As a result of this, the most complete Allosaurus ever found, which this commercial collector intended to sell to a private collector overseas, now has been saved for all the people of the United States. As a result of careful analysis of injuries sustained by this dinosaur and preserved in the bones, this particular specimen has yielded a treasure trove of information about how Allosaurus lived. The commercial collector, who had attempted to steal this fossil and the information it tells us, was never prosecuted. Unfortunately, the American people were much less fortunate in the case of another Allosaurus find. This Allosaurus was illegally collected from BLM land near Fremont Junction, Utah. The collector was not prosecuted because the lapse of the statute of limitations. Last year the commercial fossil dealer, who purchased the Allosaurus for $90,000 and sold it to a Japanese collector for $400,000, plead guilty to receipt of stolen property and was sentenced to 1 year probation. His company was fined $50,000. A profit of $260,000 is not a deterrent. We simply must have stronger penalties and have specific laws protecting fossils on Federal lands in order to deter this type of illegal activity. The Fruita Paleontological Area near Grand Junction, Colorado became the first management area specially protected by the Bureau of Land Management solely because of fossils in 1976. Specimens from this area include Allosaurus, Apatosaurus, Camarasaurus, Ceratosaurus, Dryosaurus, and Stegosaurus. It has also yielded numerous microvertebrate and invertebrate remains and has facilitated reconstruction of the ecological community in which these animals lived. During a trip to the Fruita Paleontological Area I was able to learn much about the important research being done there. Unfortunately, I also witnessed the damage that is occurring there because of theft and vandalism. Figure 2 shows the remains of what was once a largely intact allosaur vertebrae. The entire portion of the vertebrae that was protruding from the surrounding matrix has been sheared off. Figure 3 shows what was probably once a major portion of an allosaur skeleton. We will never know what scientific information this specimen would have yielded. In Figure 4 we see the imprint showing where a Diplodocus femur was stolen from Dinosaur Hill, a quarry just a short distance from the FPA. The paleontological community is strongly in favor of laws protecting fossils on public lands, and of prohibiting their collection for commercial use. Several years ago, the Society of Vertebrate Paleontology (SVP) added a Statement of Ethics to its bylaws to help the society and its members handle ethical issues such as those raised by increasing commercialization. I summarized the SVP Ethics Statement and a subsequent Joint Position Statement by the Paleontological Society as follows: "The SVP Ethics Statement contains several principles that are particularly note worthy for their public policy implications. It begins by recognizing that vertebrate fossils are usually unique or rare, and that they are part of our natural heritage. The Ethics Statement assigns to vertebrate paleontologists the responsibility of ensuring that pertinent detailed contextual data are recorded when vertebrate fossils are collected and notes that collection and preparation should be done by properly trained personnel. The importance of proper curation and the assurance of access for future researchers are recognized by the Ethics Statements' provision that scientifically significant vertebrate specimens should be curated and accessioned in institutions charged in perpetuity with conserving fossil vertebrates for scientific study and education. The Ethics Statement further recognizes the responsibility of paleontologists to expeditiously disseminate information to other paleontologists and to the general public. Perhaps the most important part of the SVP Ethics Statement from a public policy perspective is the conclusion that "The barter, sale, or purchase of scientifically significant vertebrate fossils is not condoned unless it brings them into, or keeps them within, a public trust" (SVP, 1994). In order to ensure that the SVP's public policy recommendations and initiatives regarding fossils on Federal lands were also reflective of the wider paleontological community, the SVP initiated a dialogue with the Paleontological Society. Together these two scientific societies include several thousand individuals, representing more than 90% of professional paleontologists and a very large proportion of amateur paleontologists. This dialogue culminated in 1999 when the two societies issued the joint position statement Paleontological Resources on U.S. Public Lands. The PS-SVP joint statement advocates public policy which, like the SVP Ethics Statement, recognizes that fossils are part of our scientific and natural heritage. It goes on to find that fossils on public lands belong to all the people of the United States and that, as such, they need special protection, and should not be collected for commercial purposes. The joint statement concludes that the two societies strongly support actions which "protect fossils on public lands as finite natural resources; encourage responsible stewardship of fossils for educational, recreational, and scientific purposes; promote legitimate access to, and responsible enjoyment of, paleontological resources on public lands by the public and amateur paleontologists for personal use, and by the professional paleontological community, including professional paleontologists from outside the U.S.; and bring fossils from public lands into public institutions where they are available for purposes of education and scientific research" (PS and SVP, 1999)." (Summary from Vlamis, 2001) The Society of Vertebrate Paleontology has endorsed The Paleontological Resources Preservation Act. Similarly the American people support the type of stewardship of fossils on Federal lands which is embodied in H.R. 2416. MKTG, INC., a market research firm that has conducted over 10,000 studies since its founding in 1979, conducted a survey of American public opinion regarding fossils. This survey of 300 American adults analyzed public responses both to a hypothetical situation involving the discovery of a fossil, and to a series of more general questions pertaining to fossils. A random calling program was utilized which gave every telephone in the U.S. the same probability of being called. The survey results have an accuracy rate of +/- 7%. The findings of this survey are detailed in Vlamis (2001). Several key points that demonstrate public support for the principles embodied in H.R. 2416. When the hypothetical find is assumed to have been made on public land 86.6 percent agree with the statement that "The fossil is part of our heritage, it belongs to everyone in the United States", 80.0 percent with the statement that "There should be a law against my selling the fossil", 81.0 percent with the statement that "There should be a law against my taking the fossil out of the United States", and 81.0 percent disagree with the statement that "The fossil is mine, finders keepers". The consistency of responses when asked in a variety of different ways is striking. In the second part of the survey, 85.3 percent agreed with the statement that that "Fossils of animals with backbones are part of our national heritage and should be protected in much the same way that archeological remains (human artifacts) are now protected"; and, 88.0 percent agreed that "If laws are created to restrict the collection of fossils on public lands, the only people who should be allowed to collect them are people with appropriate skills for doing so and with a permit for that purpose. All the fossils that they find should go into museums and universities prepared to protect them” (Vlamis, 2001). The American people want our natural heritage preserved as a national treasure. The amateur and professional paleontological communities and the general public need the information from fossils found on Federal lands and they want these fossils to be protected from theft and vandalism. References: |