You MIGHT now also be considered an "Accessory" or be violating
misprision laws since you now know of a felony crime that has been
committed and didn't report it.  You should look up misprision laws as
they might relate to this.


Randy S. Little
http://www.rslittle.com



On Thu, May 31, 2012 at 9:55 AM, Shelton, Sally Y.
<[log in to unmask]> wrote:
> To add a bit to Andy's excellent analysis: it doesn't matter what WE call
> it. To the enforcement agency, it is what it is. We tell people that it's a
> handbag and a snappy pair of matching shoes to us, but it's still a
> crocodile to US Fish and Wildlife, no matter how it's been altered.
> USDA-APHIS (not USFWS in this case)  is very adamant that foreign soils
> cannot be brought untreated into the country, especially post-anthrax
> incidents. They have even impounded rocks in the past under these regs.
>
>
>
> From their page at
> http://www.aphis.usda.gov/plant_health/permits/organism/soil/index.shtml :
>
> “Soil
>
> “Soil is strictly controlled under APHIS quarantine regulations 7 CFR 330
> because it can readily provide a pathway for the introduction of a variety
> of dangerous organisms into the United States.
>
> “Importation of soil into the United States from foreign sources is
> prohibited, and movement within the continental U.S. is restricted unless
> authorized by APHIS under specific conditions, safeguards and controlled
> circumstances described in a permit and/or compliance agreement.”
>
>
>
> So I wouldn’t take any chances with this. Contact your USDA-APHIS office and
> tell them the situation. They are easier to work with if you contact them
> proactively, and they may be able to get this all legally squared away for
> you.
>
>
>
> Sally Y. Shelton, Associate Director
>
> Museum of Geology and Paleontology Research Laboratory
>
> South Dakota School of Mines and Technology
>
> 501 E. St. Joseph
>
> Rapid City, SD   57701
>
> [log in to unmask]
>
> 605.394.2487
>
>
>
>
>
>
>
>
>
> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]] On Behalf
> Of Bentley, Andrew Charles
> Sent: Thursday, May 31, 2012 10:18 AM
> To: [log in to unmask]
> Subject: Re: [MUSEUM-L] exhibiting illegally-obtained dirt?
>
>
>
> Nina
>
>
>
> This is a problem that we in natural history collections deal with quite
> frequently.  Anthropology collections also have issues around housing and
> displaying itms that include feathers etc. from endangered species – Native
> American headdresses etc.
>
>
>
> You have the potential of running foul of US Fish and Wildlife and other
> agencies if they become aware of this illegal material.  Some natural
> history collections have a rigorous accessioning policy in place to negate
> any future problems with illegally procured material.  We need to supply
> collecting permits, import and export permits and deeds of gift for all
> material to be cataloged into our collections.  Most of the institutions
> that have these policies in place do so because they have been burnt in the
> past due to illegal material being uncovered and at times being reclaimed
>
>
>
> I am not sure how rigorously soil is treated by these agencies but do know
> that plant specimens have been unused back upon import into the US because
> they contain too much soil attached to roots that may include potential
> invasive species of microbes etc.  I think you will have less of a problem
> with your "celebrity" samples unless they are from outside of the US.
>
>
>
> I would be reluctant to display, keep or accept this material into your
> collection on those grounds.
>
>
>
> Hope that helps
>
>
>
> Andy
>
>
>
>    A :            A :            A  :
>
> }<(((_°>.,.,.,.}<(((_°>.,.,.,.}<(((_°>
>
>    V              V              V
>
> Andy Bentley
>
> Ichthyology Collection Manager/Specify Usability Lead University of Kansas
> Natural History Museum & Biodiversity Research Center Dyche Hall
>
> 1345 Jayhawk Boulevard
>
> Lawrence, KS, 66045-7593
>
> USA
>
> Tel: (785) 864-3863
>
> Fax: (785) 864-5335
>
> Email: [log in to unmask]
>
>
>
>    A :            A :            A  :
>
> }<(((_°>.,.,.,.}<(((_°>.,.,.,.}<(((_°>
>
>    V              V              V
>
>
>
>
>
> From: Nina Simon <[log in to unmask]<mailto:[log in to unmask]>>
>
> Reply-To: Museum list
> <[log in to unmask]<mailto:[log in to unmask]>>
>
> Date: Thursday, May 31, 2012 11:07 AM
>
> To: Museum list
> <[log in to unmask]<mailto:[log in to unmask]>>
>
> Subject: exhibiting illegally-obtained dirt?
>
>
>
> This one is for the museum lawyers and collection management gurus out
> there.
>
>
>
> For an upcoming temporary exhibition on collections, we would like to show a
> collection of vials of dirt that a local naturalist collected on her travels
> around the world. The challenge is that much of this dirt was transferred
> into the US illegally (i.e. from countries where they are strict about
> making sure that organic material doesn't enter or leave the country) or was
> obtained with some trespassing (i.e. from celebrities' yards). She is
> nervous about exhibiting the dirt in public for this reason.
>
>
>
> My sense is that if we can call this art, it might not be a problem.
> Frankly, I don't think it's a big problem period - there's no real risk or
> danger to the dirt - but I want to learn more about how to address this
> issue. Do you know anyone who might have some expertise to bear in this
> arena?
>
>
>
> Thank you,
>
>
>
> Nina
>
>
>
> Nina Simon
>
> Executive Director
>
> Santa Cruz Museum of Art & History
>
> 831.429.1964 x7018
>
>
>
> Come visit us at 705 Front Street in Santa Cruz Get involved at
> www.santacruzmah.org<http://www.santacruzmah.org/> or on
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>
>
>
>
>
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