I remember many of the daydreams
I had about becoming a paleontologist when I was a child. Their general theme was of me wandering across barren landscapes for days on end, sometimes
with a trusty packhorse - depending on how young I was, it may have been a
magical talking horse, but let's not dwell on that part - and finally stumbling
across that complete skeleton of Tyrannosaurus rex at the last possible moment.
Not once in my imaginings did lawyers, restraining orders, and the illegal
fossil trade cross my mind.
Legal battles involving fossil custodianship are part of the harsh, time-consuming reality for
paleontologists. The most recent incident to highlight this issue is that of
the auction of a skeleton of Tarbosaurus
bataar (lot 49315) in New York City a month ago by Heritage Auctions. For a summary of the situation, check
out Dinosaur Tracking on the Smithsonian.com page. Also, check out the blog Pseudoplocephalus for a breakdown of why Tarbosaurus bataar is not Tyrannosaurus rex.
For my
summary, here it is. Heritage Auctions and the seller originally claimed the fossil was both
legally collected and legally imported into the United States. Mongolia's
President Elbegdori Tsakhia and the Mongolian government hired a US legal team and claimed that, if the
specimen was one of Tarbosaurus, they
are known only from Mongolia. Therefore, it was illegally removed from
Mongolia, and should be removed from the auction process and returned to its
rightful country. Finalizing the sale of the specimen was halted through
restraining order. The specimen was examined to determine its origin, and it
was indeed a specimen of Tarbosaurus and
had originated from Mongolia. This means
the specimen was collected without the legal permission or knowledge of the Mongolian
government. To date, the Manhattan US
Attorney has filed papers requesting forfeiture and the seizure of the
Mongolian Tarbosaurus specimen, and the specimen is now in custody.
Sadly, the theft, looting, and illegal sale of
Mongolia’s natural heritage occurs on a regular basis, according to Dr. Philip Currie in his recent article in New Scientist. The commercial dealing of
fossils, especially vertebrate fossils, is a contentious subject among some
paleontologists. The Code of Ethics for the Society of Vertebrate Paleontology
is very clear on the subject of how professional paleontologists (who are
members) should treat the commercial trade of vertebrate fossils: the only sale of a fossil that should be supported is that which brings a vertebrate fossil within the public trust (to a museum, university, or research center). This is very different than someone purchasing a dinosaur skull so they can have an interesting (and expensive) conversation piece in their private residence.
The Shaman's view? I am not going to discuss here the pros and cons of commercial fossil operations (perhaps that will be a subject for a later post), but I personally
find the sale of vertebrate fossil specimens by individuals/companies to other individuals
repellent and unethical. Unless fossil specimens for sale are directly destined
for museums, universities, or any other institution that holds in trust the
history of the planet, no one individual has the moral or ethical grounds to
either sell or buy a fossil.
As aesthetically beautiful as
fossils are, fossils are not art. Fossils were not created by any one person's
hand. Fossils are not the intellectual property of any one person or group of
people. The rules that apply to the art or antique world do not apply to fossils any more
than they apply to a migratory bird. The care of that bird, and fossils, is the responsibility of
everyone. Both the bird and fossils are the property of no one. They are citizens of the world.
Sociopolitical boundaries were
not laid out with fossils in mind, and it is just chance that fossils lay
within the sociopolitical boundaries that they do. Where they do occur, it is
up the municipality, region, province, country, and international laws to
protect the right of these fossils to remain citizens of the world, and every
nation has their own success and failures in terms of fossil stewardship. Laws
and public education are the only tools available with which to protect fossils
from selfish acts of profiteering. I believe that one of our duties as paleontologists is to
give voice to the voiceless fossils, like the Lorax speaking for the
defenseless trees. Like the Lorax, it sometimes feels as though we are losing
the battle for right against the might of greed and ego. I applaud the efforts
of the Mongolian government in not only taking their responsibility as fossil
stewards seriously, but also for bringing this issue to light in the most
public way possible: using the US legal system to interfere with large amounts
of money changing hands for goods and services obtained through less than
honest means.
I cannot see how personally
owning a fossil is about anything more than a matter of ego. As Gatekeeper of a collections facility, I take a pride in the stewardship of the
collection that I manage. The responsibility of its current and future care
falls on my shoulders. However, I cannot state this next point strongly enough: I, and no one who works, manages, or funds the facility,
owns the fossils within its walls. We are merely caretakers, caring for the shrine to our history and keeping scientific vigil until passing the responsibility to the next caretaker.
I admit that I purchased a theropod
tooth from a rock shop. I was in elementary school and on a road trip to Drumheller, Alberta with my parents.
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| A photo of my shame, now donated to our institution's Educational Program. |
My thought processes regarding the purchase were
simple. I saw it, I liked what I saw, I could afford it, so I wanted it for my
own. I was quite Gollum-esque about my purchase: I'm sure I held it and
stroked it as though it were the One Ring for the rest of the trip. Hindsight
has offered me this other deeper observation on my ego: was I subconsciously thinking
that this was as close as I was going to get to my dreams of being an actual
paleontologist for decades? Perhaps I wanted a tangible link to the future I
hoped to have.
I cannot speak for the motives
behind the Fabulously Rich who are willing to pay six or seven
figures for rare fossils. Perhaps their thought processes are no different than
those of the six-year old Shaman: it's cool and they want it. Perhaps they do
it simply because they can. There are a myriad of ways to fan the flames of
ego, and having fossils available as high-priced goods attracts the attention of
large wallets. It could also be that
they too want a tangible link to a childhood dream of roaming the desert in
search for historical treasure. Are they unaware of the rampant looting and
theft that it takes to get fossils, such as those of Tarbosaurus, to auction? Is this a way they feel they can
contribute to paleontology and their love of history? And, if they do know
about the damage done by the illegal fossil trade, do they care?
If their motives are altruistic,
there are many ways in which the wealthy can make a positive, legal, and
ethically sound impact in paleontology that will outlast that of purchasing a
single fossil. For example, billionare David Koch donated a large sum to the
Smithsonian Museum because is a longtime fan of their dinosaur hall. Other avenues open to philanthropy include establishing research chairs and operational endowments, funding legal excavations of a dinosaur skeletons
through the museum of choice, and providing capital funds to modernize fossil preparation and
collections facilities.
These are the contributions that not only go down in history, but are above reproach legally and morally. Sometimes these are the contributions that save small research programs (or large programs that have recently faced cutbacks) from going extinct. I hope the Tarbosaurus incident will encourage those that would privately purchase fossils to reconsider how they want to contribute to paleontology. I hope that one day all the time, energy, and funds used to counteract the negative impact of the illegal fossil trade will be used to further the care and discovery of our planet's natural heritage.
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