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Problems with Forest Service:

Oregon Beaches Collecting Rules 2009:

We need YOUR help! Utah:

Problems with Forest Service Editors and Web masters, This is scary business. Please read and share. I have had several discussions with Bob Madden. We will issue updates when appropriate. This is an ongoing "criminal" prosecution/trial. This is forwarded from John. I concur with John that this should be in every newsletter and web site. All of us and ALAA need to pursue this with every Forest Service District to learn "their written regulation" and enforcement policies and procedures. I am already addressing this with the Modoc NF in Alturis, CA where I am leading the IRRR Obsidian trip in May. This is FS land and they have always been rockhound/collector friendly. Attached is a copy that Bob sent me that I "cleaned up the formatting" a bit. Dick Pankey ****************************************** THIS CAN HAPPEN TO YOU On November 1, 2008 my fiancé Dori and I were criminally charged with collecting Staurolites on U.S, Forest Service land. Local collectors have been going to this location to collect Staurolites for over 30 years. Our friends Tonya and Barry informed us of the location in Blue Ridge. We visited this area four [4] times in the summer and fall of 2008. The Staurolites we found on the surface were mostly poor quality. However, just a few inches under the surface using a scraper we found much better quality ones. We used hand tools including a scraper and a small pick. I feel we were very careful not to damage the site. We did not dig more than 6 or 7 inches and completely filled in our holes and raked the dirt to ensure the site looked undisturbed. On November 1, 2008 Officer Tipton of the USFS approached us. We did not attempt to hide ourselves because we had no idea we were doing anything wrong. He stated he had set up a video camera at the site and had been watching us. This was very alarming to us. I assured him if he had approached us that first time and explained that the Forest Service did not wish us to collect here we would have politely left and never returned. He will attest to the fact that we were cooperative. He even complimented us stating we were “not like most of the individuals he deals with”. Officer Tipton approached us and asked us what we were looking for. We told him we were looking for Staurolites. He did not know what Staurolites were but informed us we needed a mining permit to dig for any type of mineral. He told us any Staurolites we find are government property. Next he confiscated our scraping tools, knap sack and bucket. He separated us and read me my Miranda rights. At this point he asked me if I would allow federal agents to search my home in Rome for any other federal property. When I said no my interview was over. Evidently he tried to obtain a search warrant but was unsuccessful. Officer Tipton repeatedly inquired as to whether we sold rocks. I told him I have never sold minerals and Staurolites have only intrinsic value. In the past there have been locations in Blue Ridge (Hackney Farm) that have allowed individuals to collect a bucket of them for $5.00. On January 11, 2009 Officer Tipton gave us a courtesy call. He stated we are being charged criminally with 261.9(a) destroying a natural feature or property of the United States ($250.00fine) and 261.9(b) removing a natural feature or property of the United States ($250.00 fine). These are criminal misdemeanor offenses and can result in a criminal record. I strongly feel the section we are being charged under is both vague and does not address the important point that we were collecting minerals. Mineral collecting is generally allowed on most U.S. Forest Service lands including public domain lands and acquired lands. Unfortunately, each individual Forest Service can now make the rules (on acquired lands) dictating the rules for rockhounding and Georgia has one of the most restrictive policies. Under this charge it appears we are vandals or even worse thieves. I told Officer Tipton I was considering going to court. 5 days later when I received my ticket it had doubled to $500.00 for each offense for a total of $2000.00 In conclusion, I feel strongly we took the utmost care to treat this land with care. We spent at least 15-20 minutes each time to leave the ground looking undisturbed. I feel the Georgia State Forest Service is treating mineral collectors like criminals. Mineral collecting has in the past been considered a wholesome and educational activity. In other states the USFS has been much more responsive to working with mineral collectors and even encourages collecting. I am saddened that the Georgia State Forest Service is now considering it a criminal offense. Thank-you for the time you spend considering this matter. Robert Madden, M.D.

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Oregon Beaches News Rules 2009: OREGON BEACHES The State of Oregon is in the process of establishing two pilot projects on the Oregon coast designated as Marine Reserves. The two projects are called the Otter Rock Marine Reserve and the Redfish Rock Marine Reserve. The proposed rules will not allow for removal of any soil, rock or fossil materials. Nor can driftwood be collected. This will end our beachcombing activities for beach agates, rocks and fossils on these two areas of the Oregon coast. A copy of the proposed rules can be obtained by going to the website www.oregonstatelands.us. Click on “Rulemaking Updates” on the right hand side of the page. That will take you to a page where you will find a listing (near the top of the page) for Division 142. Click on that notation and it will take you to the proposed rules. The indications are that Oregon intends to increase the number of these Marine Reserve areas in the future. The public hearings were held in October for the present two Reserves. However, public comments via email or U.S. Mail are invited. The deadline to receive public comments is 5 pm on November 17, 2009. Please submit comments via email or U.S. Mail to: Email: odfw.marinereserves@state.or.us Please indicate “rules” in the subject line. U.S. Mail: Oregon Department of Fish and Wildlife Attn: Marine Reserves Rulemaking 2040 SE Marine Science Dr. Newport, OR 97365 Comments can be brief. It is the number of comments received that is of greater value than lengthy commentaries. Please let them know that you want our right to rock hunt on Oregon beaches to continue and be protected for future generations.

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Friends in America's Gem & Mineral Societies, We need YOUR help! Read the newspaper article below, and then contact your Congressional Representative and Senators and ask them to press Interior Secretary Salazar to not interfere with congress's work on H.R.1925 and S.799. Utah's delegation is fighting as hard as they can to oppose the extravagant provisons of the "America's Red Rock Wilderness Act". But they can't do it alone, since all of the sponsors of the bills are from outside of the Rocky Mountain and Desert Southwest states! Sincerely, Evan Day, Utah Director, American Lands Access Association xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Ogden (UT) Standard Examiner, 11 Nov. 2009, p4B Lawmakers urge Salazar to protect Utah wild lands By JOAN LOWY The Associated Press WASHINGTON – Eighty-nine House members sent a letter Tuesday to Interior Secretary Ken Salazar asking him to protect 9.4 million acres of red rocks lands in Utah while Congress works on legislation. The letter also asks Salazar to rescind an agreement reached between the Bush administration and the State of Utah that prevents the Bureau of Land Management from designating new wilderness study areas. The wilderness study designation discourages uses of the land that might alter its natural character. Rep. Maurice Hinchey, a New York Democrat sponsoring the Utah wilderness bill, said that a consensus has developed that millions of acres within the state should be protected even if there remains disagreement on how to do that. "It makes sense for the Interior Department to step in and temporarily protect these lands while Congress and state officials sort out the best way to protect these precious acres for this and future generations of Americans to enjoy and admire," Hinchey said in a statement. Kendra Barkoff, a spokes-woman for Salazar, said the department is reviewing the letter. The bill has 151 co-sponsors, but only seven are Republicans. It is opposed by the Utah congressional delegation, who say decisions on which lands should receive the protective wilderness designation are best made locally. "Since they can’t achieve their goal of locking up millions of acres of western land through an open and transparent democratic process, they’re now trying to use back door, undemocratic regulations to lock up public lands," Rep. Rob Bishop, R-Utah, said in a statement. "If Congressman Hinchey was serious about protecting lands in Utah, he should try to work with Utahans instead of trying to go around us." At a hearing before a House Natural Resources Committee subcommittee last month, some witnesses from Utah said the bill would prevent development of the lands, hurting the state’s economy. However, former Salt Lake City Mayor Rocky Anderson and a Utah outdoors equipment maker told the subcommittee that protecting the lands will draw more visitors to the state, boosting the economy.

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