CompuServe Thread

#Is Collecting Proper

15 messages in this thread
#126671From: Todd FrankApr 1, 1994 12:01 AM
Dear Lanny, I think the reality of what is happening here is a few assholes are ruining it for everyone else. I wish it wasn't so but that is the pattern. A few abusive people make rules and regs necessary.
#126721From: Doug MitchellApr 1, 1994 9:58 AM
Hi, Todd– Those jerks may be a problem, but it does not follow that rules and regs are the answer. There may be no answer that does not cost more than the jerks do (I use "cost" in a broad sense, including destruction of the lands and loss of scientific information as "costs"). The answer might be organizing a boycott against the more offensive dealers, or something I have not thought of. Laws have a horrible habit of backfiring against their purpose or clobbering innocent bystanders, and the laws currently proposed to deal with these jerks have such possibilities firmly embedded within them. Endlessly complicated laws with unpredictable enforcement bring ever closer the days when no law may be respected at all; what will protect the lands then? –Doug
#126795From: Lanny R. ReamApr 2, 1994 12:09 AM
Doug — nicely stated. Lanny
#126794From: Lanny R. ReamApr 2, 1994 12:09 AM
Todd Yes and the rule are already there. The commercial removal of minerals requires certain actions under the mining laws. These should be enforced, not over-reacted too and all of us kicked off the land. With minerals it typically comes to this when there is a problem–just close it and "solve" the problem. Which usually means those who obey the laws are locked out, and those who don't and were the problem to begin with keep right on breaking the law. This method of "solving" the problems isn't applied equally: there is poaching of game but the FS and BLM is not trying to stop hunting, there is poaching of fish but they aren't trying to stop fishing, vandals destroy outhouses and picnic tables, but the campgrounds aren't being closed, etc. So why do they keep pickin gon us? Lany
#126871From: Todd FrankApr 2, 1994 4:22 PM
There has to be a law there in the first place to break. Of coarse simply making a law will not stop anyone. If nobody ever did anything that was in any way wrong we would not need them at all. The purpose of a law, among many, is to state, this is wrong this is why, and this is what is going to happen to you if you break the law and are caught. Yes some people will do whatever they want regardless of any law or what anybody else thinks. Laws rarely solve problems, just simply say what should be done when a problem occurs.
#127192From: SyndesisApr 5, 1994 3:13 PM
Laws rarely say "this is wrong, this is why." They just say, if you do this, you'll be punished with that. Depending on their motivations, you'll find many people willing to risk the punishment. Why, I've even heard that people will risk their life in a job like deep-sea welding or oil rig roughnecking, in exchange for cash.
#127413From: Todd FrankApr 7, 1994 8:30 PM
True but they are rarely arrested for it. (Roughnecks) No law will stop everone. There will always be murders, thiefs ETC. Here in CA there was an article about I belive is name is Bobbit who visited Yosemite a few days ago. The park is now allmost at the point were you must have a reservation to get in any day of the year. So many people want to go and enjoy the park, there just isn't enough room and to many people at one time are just too much for rangers to manage.
#126874From: Todd FrankApr 2, 1994 4:33 PM
I don't believe they are trying to stop you all together. What exactly are you after, and why can't you find it someplace else? There are vast open areas in the country. I suspect that certain areas of rare specimens are being closed because a misuse by others. You get a hunting license to control the amount of game killed. If you know anyone who has gotten caught without one and paid the penalty it is effective in stopping poachers, nothing is 100%. In your last message you referenced New Mexico. I went to college in New Mexico, I had some friends who went fishing at Elephant Butte without a permit, got caught and paid a fine of several hundred dollars. Word spread pretty quick around the campus. Nobody there fished without one for some time. I'm a poor student wasn't a good excuse as far as the judge was concerned.
#126993From: Lanny R. ReamApr 3, 1994 3:04 PM
Todd Yes, there are vast open areas in this country. Unfortunately, they are mostly of only two types: public land managed by the Forest Service and public land managed by the Bureau of Land Management. In some Western states BLM land is dominant, in others it is FS land. In the Northwest States (I live in Idaho) the public land is mostly Forest Service (E. Mont. is mostly BLM), if these regs go into effect there will be no collecting allowed on the FS managed lands. The state of Idaho is mostly FS managed lands. These regs mean I will no longer be able to enjoy the hobby/scientific study activity that I enjoy most in life. Believe me, it is in the blood, it is not just a hobby I kind of like to do for the fun of it. The only other thing more important to me, is my family. I don't want to switch to stamp collecting, collecting bottle caps, or make fishing my dominant fun thing. Mineral collecting and studying the geology/mineralogy of mineral occurreces is IT! The regs as proposed state that mineral, fossil, gem, etc collecting is prohibited except as permitted. There is no permit system for amateur, hobby, family rockhounding and related type collecting. These regs don't propose a permit/license system, all these regs do is stop collecting by all but those few museum and university personnel who can get a permit. No one in anything I have read in any magazine, newspaper, online, or elsewhere has given any reason for stopping the public from collecting these materials for fun, hobby use, amateur based scientific studies etc. There are some abuses, but most of these are already covered by other laws and should be regulated/enforced under them. The majority law abiding public should not be stopped from enjoying a hobby/recreation activity they have been enjoying since we landed on this continent (and are still enjoying in European and African countries that have been occuppied by humans for a few thousand years longer than the US has). So I ask, why not address the problems and not make a wholesale "thous shalt not"? All these rockhounding activities are enjoyed by tens of thousands (or hundreds of thousands–no one has counted them) of individuals and families all over the US. If you don't believe this then just check out how many rock and gem shows there are in the US each weekend. This hobby involves a lot of people who like to go out on FS managed lands and collect various gems, minerals, common fossils, etc. And if this government sees some reason to stop collecting on FS lands then they probably will next stop it on BLM lands (there is no reason for them not to be consistent), which means this hobby is gone. All that is left are the few (and in the NW it is a meager few) private quarries and accessible private mines. It means the end of thousands of mineral related specimens collected by us amateurs and donated to schools and universities each year. So where are these under funded schools going to get their specimens? Who is going to help these students in their education and provide that extra spark that "hands on" studies provide? It also means the next geology class in any university that makes a geology field trip to public lands can stand back and stare at an outcrop, there can be no specimens taken back to the lab for study, unless the professor has gone through the permitting process long before the field trip (and what professor will be thrilled about this). Why not address mineral-related problems the same as other disciplines on publi lands? If there is a problem with hunting (to few animals they restrict hunting in that area until the animals recover, if to many they open the hunt up to either sex to diminish the heard, etc), if lands are overgrazed they reduce the number of livestock on the lands or change the rotation, etc. They don't wholesale stop the activities. So, until someone offers a real reason as to why it should suddenly be stopped, then why is it being stopped instead of addressing the problem areas? Lanny
#127114From: Todd FrankApr 4, 1994 8:45 PM
I never said you should stop, i do believe that you and others should obtain permits similiar to hunting permits, that they should not be hard to get assuming you can prove a minimum amount of skill and respect for the land. Lanny i have spent a great deal of time in various wilderness areas and the only time I have ever seen a ranger or a BLM type person was at a park gate collecting a fee to get in.
#127328From: Lanny R. ReamApr 6, 1994 11:35 PM
Todd I can't say I would suddenly like to start paying for a license, but it would be hard to argue against it with any good reason for doing so. But, it would be nice if the money for the license went to something related to rockhounding and not just sucked up into the vast nothingness of government. I guess you are lucky. I haven't personally run into very many FS rangers, Wilderness Rangers, etc. but know several people who have and have been hassled by them when they weren't doing much. One Wilderness Ranger in the Sawtooth Mountains ran into a couple of us on the trail one time and acted like she was the Gestapo and we were practically trespassers for standing there. Generally this has not been a problem for me. Curiously, the few times I have been hassled by some FS ranger or other personnel has been when I was just there, not doing anything but hiking. I personally have not been hassled by FS or BLM personnel for collecting, but I do have a nice collection of stories from those who have. Lanny
#127414From: Todd FrankApr 7, 1994 8:36 PM
Lanny, what do you mean by hassled? A citation? Were they rude or abusive. The only people who ever gave me a hard time were some gold miners who think everyone is out to jump their claim. I guess I have spent allot of time in desert regions, it is very hard to sneek up on someone, you can see for miles, and generally I always went during the hotest time of the year. I been thru Idaho by motorcycle, beautiful State!
#127549From: Lanny R. ReamApr 8, 1994 11:40 PM
Todd By hassled I mean treated as if you were doing something wrong, as in the ranger was not friendly and started laying down the rules and regulations with that tone of voice of "I can't see what it is, but you are obviously doing something wrong", or asking questions in a prying manner when they really weren't relevant to the situation while acting like the questions have to be answered, or starting to tell the hapless victim what he can and can't do with that same unfriendly tone in the voice when there is no reason for anything but a friendly greeting and perhaps an inquiry as to is everything alright and is there anything the ranger can help with. Or in the worse case being on an outcrop breaking a little rock and being told you can't touch anything, etc. when in fact it is perfectly legal, and acceptable by the Forest Service. That kind of hassled. Fortunately for my, I have only had the gestapo type questioning while standing on a trail loaded down with a backpack. In fact, while collecting, most of my contacts with anyone who may be in charge of the land have been of the curiousity type questioning, and that includes FS personnel, BLM personnel, claim owners, Highway Patrolmen, and Highway Dept. crews. Lanny
#127952From: Todd FrankApr 11, 1994 8:58 PM
There is an attorney here at this forum. I don't believe they have right to detain you. You could just walk away. If they hold you without cause, file a complaint. Perhaps rangers have the authority to search backpacks, I don't know. If you are not armed and therefor not a poacher and you are not violating fire regs and are hassled, get a badge number and file a complaint. I suspect the people you have had problems with are frustrated that they can't catch destructive people in the act so hassle anyone who gets in there way. I know a guy who was out in the back country of New Mexico was approached by a female ranger and wound up with a dinner date.
#128237From: Lanny R. ReamApr 13, 1994 11:09 PM
The extent that it has happened to me hasn't been worth the trouble of continuing with the matter, but others have told me some rather disturbing prblems. Some have gone to the appropriate manager. I doubt that the FS or other rangers have the authority to search backpacks considering the fact that a County Sheriff can't without probable cause. Anyway the point was that the rangers of various types are out there and rockhound people do run into them on occasion, and are hassled by them.