What U.s. Bill Limits Vertebrate Fossil Collection?

[DeepTimeIsotopes]

What bill limits collection of vertebrate fossils? Sources would be nice. I don't know if it's a national thing or state thing but this is specifically for Utah. Also would anybody know where to find materials such as this so I can find out what other laws are out there? And why are they restricted? I know dinosaurs are restricted because they have scientific value but what about sharks teeth or common fish?

Edited January 6, 2015 by Utahfossilhunter

[jpc]

I am not sure of the actual law names or numbers, but here's the gig. Collecting vertebrate fossils on BLM lands is verboten. On any federal land as far as a I know. And Indian Reservations (all part of the BIA) are twice as verboten for white folks. You need a permit, and these are not easy to get, and everything you collect goes to a certified repository. State laws vary from state to state. The feds do not have power over state and private lands in this dept. Invertebrate fossils are OK to collect as long as they are not deemed scientifically important (gray area), and you are NOT allowed to sell or trade or barter any away. Collecting is for yourself only. (Gray area: what happens when you die?) There are certain limits to petrified wood... that is easily googlable, I think. Again, each state has rules of their own as well, that deal with state owned lands.

I don't know the actual sources, but I work in this bizness, so trust me. For a source, you can call or pop in on your local BLM office. If you are in Utah, they are all over the state.

Edited January 6, 2015 by jpc

[DeepTimeIsotopes]

I am not sure of the actual law names or numbers, but here's the gig. Collecting vertebrate fossils on BLM lands is verboten. On any federal land as far as a I know. And Indian Reservations (all part of the BIA) are twice as verboten for white folks. You need a permit, and these are not easy to get, and everything you collect goes to a certified repository. State laws vary from state to state. The feds do not have power over state and private lands in this dept. Invertebrate fossils are OK to collect as long as they are not deemed scientifically important (gray area), and you are NOT allowed to sell or trade or barter any away. Collecting is for yourself only. (Gray area: what happens when you die?) There are certain limits to petrified wood... that is easily googlable, I think. Again, each state has rules of their own as well, that deal with state owned lands.

I don't know the actual sources, but I work in this bizness, so trust me. For a source, you can call or pop in on your local BLM office. If you are in Utah, they are all over the state.

Ok, so if I were to collect a vertebrate on private land it's totally legal? I know that certain institutions such as Warfield quarry for example can sell common vertebrates (Green River Fish) but is this possible in other states i.e. Utah? And is it at all possible for a person to collect a vertebrate and legally keep it if it's NOT from one of these businesses?

[Auspex]

Ok, so if I were to collect a vertebrate on private land it's totally legal?...

As long as you have the permission of the land owner, collecting vertebrate fossils is legal anywhere in the US.

Just be certain that the person you get permission from actually owns the land!

[DeepTimeIsotopes]

As long as you have the permission of the land owner, collecting vertebrate fossils is legal anywhere in the US.

Just be certain that the person you get permission from actually owns the land!

Ok does this have to be written on paper or can it just be verbal? Also is a liability waiver mandatory or just a suggestion?

Edited January 6, 2015 by Utahfossilhunter

[Auspex]

A clear verbal is fine; I've never heard of a landowner denying that he gave it, and if he is not the landowner, it would be worthless (ask Pete Larson!). Liability waivers are also useless, as one cannot sigh away one's rights. A well-written "Hold Harmless" agreement can still be a good tool to overcome the owner's reticence, if necessary. Folks out west are generally good at their word.

[Opisthotriton]

The Paleontological Resources Preservation Act, part of the Omnibus Public Land Management Act of 2009, serves to clarify fossil collecting policies on various types of government controlled land, and also clarifies the punishments for illegal collecting.

This BLM page links to many relevant documents:

http://www.blm.gov/wo/st/en/prog/more/CRM/paleontology/paleontological_regulations.print.html

"The PRPA includes specific provisions addressing management of these resources by the Bureau of Land Management (BLM), the National Park Service (NPS), the Bureau of Reclamation (BOR), the Fish and Wildlife Service (FWS), and the U.S. Forest Service (USFS) of the Department of Agriculture.

The PRPA affirms the authority for many of the policies the Federal land managing agencies already have in place for the management of paleontological resources such as issuing permits for collecting paleontological resources, curation of paleontological resources, and confidentiality of locality data. The statute establishes new criminal and civil penalties for fossil theft and vandalism on Federal lands.

The PRPA only applies to Federal lands and does not affect private lands. It provides authority for the protection of paleontological resources on Federal lands including criminal and civil penalties for fossil theft and vandalism.

Consistent with existing policy, the PRPA also includes provisions allowing for casual or hobby collecting of common invertebrate and plant fossils without a permit on Federal lands managed by the BLM and the U.S. Forest Service, under certain conditions.

Casual collecting is not allowed within the National Parks or other lands managed by the National Park Service, or lands administered by the Fish and Wildlife Service and the Bureau of Reclamation."

The full text of the law is here:

http://nature.nps.gov/geology/nationalfossilday/prpa_text.cfm

As others have mentioned, it basically boils down to: No collecting vertebrate fossils on public land. Sometimes invertebrate and plant fossils are ok, depends on which government agency manages that land. Private land is unaffected; the landowner controls all fossils.

[jpc]

Ok, so if I were to collect a vertebrate on private land it's totally legal? I know that certain institutions such as Warfield quarry for example can sell common vertebrates (Green River Fish) but is this possible in other states i.e. Utah? And is it at all possible for a person to collect a vertebrate and legally keep it if it's NOT from one of these businesses?

yes, on private land is legal...as long as you have landowner permission. Legally, in Wyoming, it is a hunter's responsibility to know whose land they are on. This may apply to fossil hunters as well. Warfield is on private land. Other Green River quarries are on state land and those two are not allowed to sell the rarities. They go to the state. The U dig quarry in Delta County, UT is on a piece of private land, that is why they can sell the trilobites out there. Your last question is a bit confusing. I guess the answer is, once again, yes, if and only if you have the landowner's permission. As long as you are asking permission, you also need to talk to them about your desire to sell or not sell your finds.

[Auspex]

If you would like to be an ambassador for fossil collectors, and coincidentally develop land-owner relationships (and access to collecting sites), read the suggestions in these two topics:

Site Prospecting 101: LINK

Site Prospecting 102: LINK

[Ash]

A clear verbal is fine; I've never heard of a landowner denying that he gave it, and if he is not the landowner, it would be worthless (ask Pete Larson!)

I wouldn't have understood this if not for recently watching "Dinosaur 13"

That was a messed up story..

[erose]

I wouldn't have understood this if not for recently watching "Dinosaur 13"

That was a messed up story..

A verbal is one thing for an amateur collector. But if you plan on selling the finds or otherwise profiting from them you should get something in writing stating your purpose. Also you need to make sure the person giving permission is the clear and legal landowner. Sometimes property has more than one owner and they may disagree.