I think that some of the tone of your recent message is possibly
inappropriate for the MUSEUM-L list; please feel free to correspond with
me off-list regarding your feelings about professionals and amateurs in
paleontology, but spare the good folk of MUSEUM-L, who are bound to be
interested only in the core issue you brought up.

A museum which accepts materials later determined to have been stolen or
otherwise misrepresented can itself get into trouble in several ways,
from loss of ownership to prosecution (though that is rare if the museum
acted in good faith). Federally protected collections (whether protected
in all areas by law, e.g. endangered species, or protected at the site,
e.g. public lands) can be reposited in museums only by the agency itself
or by someone legally permitted to collect such material. For example, we
would not accept such material from anyone who could not show a valid
permit for collecting it unless the material can be proved to have been
collected pre-Act, and we would let the agency know as part of our
accession process.

Specimens which have incomplete or misleading site information are at
best useless for formal research, and at worst may seriously compromise
research results.

Nonrenewability is not a legal fiction; it is not to be confused with
abundance, which I think is what you mean.

Finally, museums don't prosecute anyone, and, in my experience, don't
urge prosecution of anyone. They are not only within their rights, but
are also complying with legal restrictions, when they notify agencies of
the donation of material suspected to have been stolen. Materials
suspected to have been collected without permits are more problematic,
but, eventually, the museum can't accept these either except from the
agency. You can't donate something you don't own, which is the status of
Federally protected specimens today. Older collections are best
approached on a case-by-case basis.

I am not aware of the amnesty program you mention and would be most
inteested in learning more about it, and about your case. Please stay in
touch off-line.

Sincerely,
Sally Shelton
Director, Collections Care and Conservation
President-Elect, Society for the Preservation of Natural History Collections
Chair, Outreach Committee, Society of Vertebrate Paleontology



-------------------------------------------------------------------------
|                                                                       |
|                 San Diego Natural History Museum                      |
|                          P. O. Box 1390                               |
|                San Diego, California   92112  USA                     |
|             phone (619) 232-3821; FAX (619) 232-0248                  |
|                     email [log in to unmask]                          |
|                                                                       |
-------------------------------------------------------------------------