Monday, November 3, 2014

More than Tchotchkes: The Sale of Non-Significant Fossils as an Ethical Issue and My Response to ThinkGeek



Brief Summary:
Thinkgeek.com started selling fossils on their popular website about 2 weeks ago. I learned of this early last week and wrote Think Geek a detailed letter explaining why I felt, from the perspective of a mitigation paleontologist, that their actions are ultimately damaging to the protection of natural resources. Think Geek took the time and effort to send a very nice response. However, I felt that the message received from my initial email had been interpreted warning that Think Geek might be dealing with illegally-sourced fossils, when instead I intended communicate the ethical problems with the sale of fossils. This post shares my second letter to Think Geek.

Note: For respect of the customer service representative's privacy, personal information not affecting the message of this email has been removed. Information for the location of a poached site in the end of the email has also been removed for confidentiality purposes.
 
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Dear [redacted],

Thank you very much for your very thoughtful letter. I realize that there is a lot to digest in the wall of text I sent to Think Geek, but I know that they have an open ear regarding their customers’ concerns. You have certainly upheld that reputation, and thank you for your understanding.

[Short paragraph sharing personal information redacted]

Concerning the rest of the email:

The selling of fossils is a complicated issue in the United States, and what is ethical regarding the commercialization of paleontological resources often sits in a gray area between black and white. For researchers and professionals like myself,  fossils are resources for knowledge. The clarity with which we understand the past and the focus with which we may analyze scientific questions about evolution is directly proportional to the amount of data that are able to obtain, and fossils are that data. I know that I touched on that in my first email, and I know that you understand this. I want to be clear that the crux of my message to Think Geek was not to claim or assert that I think you are dealing with illegally-sourced fossils, and that you should be careful so as not to get swindled. Although the validity of the source of fossils can be questionable when dealing with private collectors, I do not mean to cause alarm in this regard, nor make wild accusations.

Ultimately, I’m not appealing to Think Geek on a legal issue. Think Geek isn't doing anything illegal and I doubt that anyone will make that assertion. What I am appealing is an ethical issue. The sale of paleontological resources, even legally acquired fossils, increases demand for ownership and opportunists move in to make money. I have no doubt that Think Geek has the good intentions in their partnership with the commercial dealer supplying the fossils. I am also not accusing the commercial dealer of illegal activity. What I am saying is that from the perspective of a professional scientist whose job is the protection of paleontological resources, seeing a very prominent company like Think Geek offer fossils for sale sends a message to every person who visits ThinkGeek.com looking for a unique gift. That message says, “There it is. Take it.”  As I said previously, regardless of whether the bone fragments or ammonite shells are considered "non-significant" for scientific purposes (and I must wonder if it was a vertebrate paleontologist who made this decision), providing them for sale reinforces the damaging ideology that paleontological resources are an unlimited commodity appropriate for personal ownership and affixes to their worth a dollar value. Yes, it is legal to sell fossils sourced from private land. Yes, the fossils being sold in this case most likely may be float and scientifically non-significant. But consider what I have shared with Think Geek in this conversation. Is it ethical to participate in the commercial fossil trade? Think Geek has a chance to promote good stewardship of our natural resources in a time when those resources are under tremendous stress. There are also much better alternatives to selling paleontological resources, such as research casts. Selling of casts is supported by scientists, it is sustainable, it does just as much to enthrall and enchant imaginations, and it does not harm the very thing which people find so fascinating.

There’s a phrase that has been used in this conversation that in 14 years I had never heard before Monday: Ethically Sourced.

Part of the reason I wrote to you is because the term “ethically sourced” has raised concern among my colleagues. I have never heard the term used in relation to fossils before seeing Think Geek’s product description, and I would be very interested to know where the term came from. As a person who studies and protects fossils for a living, the only time I have heard the word “ethical” used in conjunction with the collection of fossils is in the Society of Vertebrate Paleontology’s Ethics Bylaws:


These laws are the standards by which vertebrate paleontologists must hold themselves accountable. They are publicly available and well-known. Every vertebrate paleontologist who joins the SVP (the largest of the professional vertebrate paleontology organizations) must read these bylaws. Every day I must refer to and cite these bylaws when dealing with city, state, and federal government offices and regulations. Ethics in this regard involve professional conduct, care of specimens, and performance of your job. Ethical collecting, for a paleontologist, is about following standardized professional protocols for obtaining specimens: permit applications, repository agreements, data collection, proper storage, and long-term care of specimens. This ensures that all paleontological resources receive the same care and treatment (ideally) so that future researchers may continue to practice scientific investigations, and future fossil lovers of all kinds will be able to appreciate what we  have found.

Regardless of designated scientific significance, the simple selling of fossils, any fossils, supports the desire for personal ownership and reinforces a cultural ideology of appreciation through ownership. Regardless of how many ammonites or beat up bone fragments may be littered on the surface of the earth, the simple truth is so long as we practice behaviors that encourage the ownership of fossils people will continue to see a limited natural resource as a collectible commodity. That is my concern. That is why I have taken the time to write to Think Geek.

In closing, I would like to share with you something that happened to me today. This morning my office received a call about a tusk freshly exposed in a project in [redacted]. We prepared to send one of our field paleontologists to the site to investigate the new find. He had packed his bags and we were in the process of securing his flight when the project called us back and said that the tusk was gone. A project representative had returned to the spot where the tusk had been found to take photos to send us and it was gone. Just like that. We’ll never know what was at this location now, and that truly sucks. In all likelihood, the fossil was either bulldozed to prevent work delays or someone took it home this evening to put on their book case or eBay. That's what we're up against every day. The knowledge and information from fossils like that tusk are now lost forever- the animals seemingly extinct a second time. This is why paleontologists are so concerned about seeing fossils for sale anywhere, and this is why I have taken so much time to communicate my thoughts to Think Geek. I hope you will consider them.

Thank you for your attention and your time.

Again, I urge Think Geek to reconsider the sale of fossils on their website and instead provide sustainable research casts as an ethical and fossil-friendly alternative.

My Best,

Lee

Disclaimer: The thoughts, statements and opinions in this communication are strictly my own and do not represent those of my associates or my employer.

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I sent them this email last Thursday evening, so I imagine it will be a couple of days before they respond. When they do, I will share it here. In the meantime, there has been a promising development. Blogger artiofab with io9 has shared news that ThinkGeek has temporarily suspended the sale of dinosaur bone fragments on their website. The disclaimer below is currently displayed in the item description section of the dinosaur bone page.


The meeting they are speaking of is the Society of Vertebrate Paleontology's annual member conference which is set to begin on November 5th in Berlin, Germany. It's a step in the right direction, and my hope is that they will cede on the understanding that traces of ancient life left on our planet are not simply "tchotchkes" (their item description) for bookshelves or desks.

-Lee

Friday, October 31, 2014

Re: Dinosaur Bone Fragments. ThinkGeek Responds.



Brief Summary:
Previously I shared the letter I sent to ThinkGeek about the recent addition of fossils to their merchandise. After one day I received a very cordial and thoughtful response from a ThinkGeek representative which I have copied below. Please note that the name and information which may identify this person have been removed out of courtesy for their privacy.

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Hi Lee.

I wanted to reach out to you to hank you for your incredibly detailed and thought-provoking email to us regarding the sale of fossils.  When I studied Biology at [redacted] University, I had the privilege of working as a tutor for Dr. [redacted]'s class.  It was one of the most amazing experiences of my life, and provided me with an intense love of Paleontology.  Plus, because of him I am T-Rex obsessed and successfully passing on that love to my 3 little boys!

From what I know now, the company we get them from states the Hadrosaurid bones have been verified as ethically & legally sourced from private land in Montana.  He says the specimens were found out of situ and have been weathered so much that little scientific data could be gathered from them. 

I want you to know that I am taking your email very seriously.  I am personally going to follow up with this.  Our CEO's husband works in Operations at the Smithsonian Natural History Museum in DC.  They are redoing to dinosaur exhibit, so it is swarming with Paleontologists right now.  We are going to send a sample with him to take to work and get an opinion.  As soon as we complete our review, I'll email you to let you know the outcome.

Again, thank you so much for your feedback.  I sincerely appreciate that you took the time to help to reach out to us about this, and I can assure you that we are going to do the right thing, once we consult the experts.

P.S. I sent you a little token of my appreciation that should arrive at your office soon.

[redacted}
Customer Service Manager


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This email is very promising. It is nice to know that a thoughtful conversation can be shared by strangers over something as conflict-laden as the commercialization of paleontological resources. I was concerned that my point of addressing this as an ethical instead of a legal issue was not articulated well enough, so I spent some time that evening drafting a reply and I will share that letter in the next day or so. In the meantime, Happy Halloween!

-Lee 

Follow me on Twitter to keep tabs on the wild and crazy world of paleontology and geoscience with a Southern California twist!
@paleeoguy 

The Ethics of Selling Fossils: A Paleontologist's Letter to ThinkGeek.com


Brief Background
ThinkGeek, the popular collectibles merchandiser specializing in everything from Star Trek pizza cutters to USB Missile Launchers, has recently started to sell fossils on their website. Currently available are insect-bearing amber from the Dominican Republic, ammonites from Morocco , and dinosaur bone from the USA . I first learned about ThinkGeek's fossils from a Facebook post made by my friend Jim Kirkland. As a paleontologist who specializes in the management and protection of paleontological resources, I was troubled by this development for several reasons and wrote to ThinkGeek to explain why I felt they should reconsider offering fossils for sale. My message to them is below.


Hi ThinkGeek,

I hate that I am sitting down and writing an email to your Complaints Department. A complaint email, really? To ThinkGeek? You guys are awesome! And to be honest I do I feel like “that guy”, because generally I think anyone who writes complaint emails has nothing better to do than complain. I love ThinkGeek. Your website has been the source of many birthday and Christmas presents for friends and family, and I have received many things from this website’s vendors as gifts myself. My home and office proudly boast:

·         Star Trek TNG Hoodie
·         Star Trek TOS Alarm Door Panel
·         Star Trek USS Enterprise Pizza Cutters (x2!)
·         Star Trek Vulcan Salute Oven Mitt
·         Star Trek TOS Robe
·         Star Trek Captain Kirk USB
·         Chemical Elements Lunch Box
·         Batman Pint Glass
·         Radioactive Element Coasters
·         Chemistry Set Shot Glasses

And probably a few other things I am forgetting. I always look forward to seeing the new items that have been added to the catalog of your website, so it was pretty distressing to see the following item listed for sale:

“Dinosaur Bone Fragment”

Aside from being a huge Trekkie, I am also a vertebrate paleontologist. I have spent the past 14 years of my life dedicated to the research and preservation of fossils, and in that time I have worked in many places on many different kinds of fossils with museums, universities, government agencies and even construction developers. My professional title is “Mitigation Paleontologist”, which means I work with resource management. Translation: when fossils are found on any kind of construction site- roadway, parking structure, solar field, housing lot, etc. – my job is to ensure that they are collected with data, preserved, and delivered to a museum. I love what I do.

And that is why I’m really *really* bummed that ThinkGeek is selling fossils. If you look at the image below, you’ll see a clip from my Facebook news feed. It’s how I found out about your fossil bone listing today:



James Kirkland is a friend of mine, and he is also the Utah State Paleontologist. Jim has been part of nearly every major dinosaur discovery to come out of the Rocky Mountain West for over 20 years. Utahraptor, Diabloceratops, Zuniceratops, Eolambia, Falcarius¸and Gastonia are just a few of the iconic genera he has named or assisted in naming. So if he is concerned, you guys can understand that this is pretty serious for paleontologists. Your website is extremely popular, and the fact that you are now selling dinosaur fossils concerns us for a number of reasons.

The debate about whether or not selling fossils is appropriate has many shades and is ongoing. It is perfectly legal provided the fossils come from private land, but for paleontologists the issue lies in whether or not it is ethical. As you can see in Jim’s comment, fossil poaching is a very real problem. Sites all over the country have fallen victim to the piece-meal disappearance of fossils because tourists recognized a bone fragment and thought one little piece wouldn’t hurt. But after 10, 20 or 50 years all those little pieces add up. What once may have been a Diplodocus femur near a trail is now a bone-shaped hollow in the rock(http://mw2.google.com/mw-panoramio/photos/medium/1397421.jpg). Everyone wants to ‘own’ a piece of the past, but the past is a limited resource. There is not an infinite supply of fossils out in the world, and certainly not in the US. I don’t begrudge anyone’s desire to touch and feel real fossils, but the desire to own or keep them for yourself is not a sustainable ideology.

I don’t begrudge ThinkGeek for wanting to provide the public with a way to experience the wonders of ancient life. You sell stuff for “smart masses” after all. However, the unfortunate truth is that selling fossils only helps to propagate the idea that fossils are an unlimited commodity for everyone to have in their home. Fossils are not made in factories. When public interest in fossils increases because of a famous discovery or a new movie (ex: Jurassic World), so does the demand to own them. Unfortunately, the supply for that demand is carved out of our National Monuments and Parks, State Parks, the land of other countries, and even out of my projects. On more than one occasion, I have dealt with people trying to poach fossils from under my nose because they think they will be able to sell them on eBay. In fact, the most common questions I get when excavating a fossil on a project are “What is it?”, “How old is it?” and “What’s it worth?” Time and again I repeat, “It’s not worth anything but the information it gives us.” People look at me like I’m crazy.

It is true that not every fossil is considered scientifically significant. In other words not every fossil preserves enough information to warrant collection and cataloging in a museum. Most fossils I have seen in the field have been “float” or fragmentary, broken, weathered and generally poorly-preserved bits of bone not much larger than a stick of gum. The reality of searching for scientifically significant fossils is that you use everything you see in the field to direct your investigation. In that way the float, the “non-significant” fossils, help scientists tease out the truth of a field area. Fragmentary bone is very useful for adapting a proper search image as fossils will have different colors and appearances due to preservational differences between different formations. The Hell Creek Formation in Montana produces lovely chocolate-brown bone. The Two Medicine Formation just a few hundred miles west produces bone in rich, deeply black colors. Float is also like a breadcrumb trail that fossils leave for paleontologist to follow to what may be a much more complete specimen still buried in the rock. It is fragments like these that you are now selling on your website.

I realize this is long winded, but it is a very important issue to myself and my colleagues and I know that ThinkGeek does carefully consider the thoughts of their customers. Please stick with me.

I would like to ask for your participation in a small thought exercise. I would like you to please read the following paragraph with the understanding that this is how I understand your fossil in my mind- as a paleontologist who loves sharing the wonder of fossils with all people and whose job is protecting fossils so that the fossils and the information that we have learned from them will be available for our posterity in perpetuity.

The fossil bone featured in the photos on the product page is in remarkably good shape. This is interesting because UV intensity in the semi-arid climate of western badlands (where fossils like yours are from) is harsh, and the freezing winters are just as harsh. Bones at the surface get beat up, and if they spend any time exposed to the elements their surfaces lose that nice, shiny luster; they become rough, dull, and very difficult to distinguish from to surrounding sediment. When you find fossil fragments on the ground in the badlands, they often have been sitting in the sun so long that the exposed bone surface is bleached to a pale, chalky orange or chalky white and may have a crusty coat of orange or black lichens to boot. The underside may still be in very nice condition, giving the bone a two-toned apearance. It is my belief that the condition of your pictured fossil bone indicates it is not an isolated surface fragment. Here’s why: 

(Edit: For the reader's sake I have inserted the photos of the item below. This was not in the original email.)



  • Your bone’s coloration is relatively uniform. The outer cortical or “compact”  bone is a pleasant creamy brown with a resiny luster, and the interior cancellous or “marrow” bone is a richer dark brown with red-orange mottling.

  • The cancellous bone is dense (typical of ribs) and does not exhibit the ‘crumbling’ often seen in surface finds. 

  • The sharp, clean, angular nature of the fracture edges and surfaces indicates the fossil was broken recently (i.e. no time for weathering and abrasion to round them). 

  • The lack of UV fading, the presence of uniform coloration, the shiny luster of the surface, the intact cancellous bone, and the angular fractures all indicate that your bone fragment was not simply plucked off the surface of the badlands, but may have been collected in association with a larger specimen which was then separated for sale. I am hesitant to state this with absolute certainty, but one other feature caught my eye:

  • Small flecks and residue of a whitish material on the cancellous bone. This looks very similar to plaster residue, and if that is true it could mean that this fragment was part of a jacketed specimen.  It could just as easily mean that the fragment sat in a lab and was splattered while another specimen was being worked on. I’m guessing we’ll never know as that information is not generally included with mystery chunks like this. I’ll abstain from going into the drawn out debate about commercial selling of fossils and the problems with specimens lacking context or data (the most important information of any fossil).

These are the kinds of things paleontologists observe in a seemingly innocuous chunk of bone. We wonder where the bone came from- was it the Hell Creek Formation? South Dakota? Montana? Was it collected from private land? Where is the rest of the specimen that isn’t being sold? What is the stratigraphy and sedimentology of the site? Was taphonomic data collected? Will it be available for study? Paleontologists share the wonder of fossils that everyone has, but beyond that we see fossils as data- as little pieces of information that help us unravel clues and puzzles about evolution, ancient ecosystems, and the earth as it existed in the past across incomprehensible chasms of time.

The earth has a finite and slowly decreasing supply of fossils for us to discover. The wonder of fossils is that they allow us to view the earth as a truly alien world, and through scientific study they give us the power of prediction. Fossils are our tools for not simply tracing the evolution of life through time, but for understanding how life responds to both the gradual and sudden changes that are part of life on a dynamic planet. The earth has seen countless changes since it came into being 4 billion years ago. Geologic cataclysms like caldera eruptions and massive volcanic vents, climate change through rise and fall of global temperatures, the encroaching and recession of the oceans, the growth and shrinking of huge glacial fields, the tearing apart and collision of continents, and even extraterrestrial impacts are all recorded in the geologic record.  With those events nearly all the way back at the beginning, over 3 billion years, are fossils of the species that either lived through those events, or ceased to exist forever because of them. Over 3 billion years of recorded life history are at our disposal to study. 3 billion years of evolution, competition, radiation, extinction, mutation, and adaptation. 3 billion years of interaction with climate, changing shores, and much, much more. And every fossil, no matter how seemingly non-significant, came from an organism which played its part in those countless ages.

So when someone asks me what a fossil is ‘worth’, I don’t think about a price tag or eBay auction. I think about our future. Can we, Homo sapiens, survive changes and events like those we know have happened in the past, and that will happen again? And what of the world we are familiar with, the world we call “home”? Not the rocky substrate beneath our roads and civilizations, but the modern ecosystems with which we evolved. How will they respond to rising global temperatures, to increased CO2 in the atmosphere, to dwindling sea ice, and more intense droughts? Because of paleontology, because of fossils, we can begin to assess and attempt to answer questions of this magnitude. What we learn from the fossil record has direct applications to how we anticipate and understand how global changes and events affect our modern ecosystems. We now must understand that fossils are not just show pieces or irrelevant relicts from a disconnected past now meant to be perched on a shelf. Fossils are very much the key to our future- our future as a species, our future as living things, and our future as inhabitants of one, and only one, planet.


I ask the people behind ThinkGeek to please consider the message you are sending by offering fossils for sale on your website. So long as fossils are seen as collectibles, their worth will be bonded to money. As a paleontologist, it is my responsibility to protect fossils as a shared public resource- a resource of knowledge. It is also my responsibility to educate whenever I have the chance. I love teaching people about the true value of fossils, and how they have helped us discover the fantastical and unimaginable organisms that called the earth home long before humans started banging rocks together.

If ThinkGeek truly wishes to share the wonders of fossils with the public, why not consider selling casts? Casts are wonderful because they allow everyone to own a representative piece of history. People often don’t understand that casts are not ‘fake’ or ‘replicas’. They are made out of resin or plaster, but they are not rough facsimiles or sculptures. Casts are precise clones of a fossil’s external morphology used for research and exhibits. Museums trade casts of specimens, researchers use casts if they cannot access the fossil specimen, and exhibits use casts for mounting skeletons because they are light-weight and prevent damage to fossils from handling or just plain gravity. Casts are not fragile like actual fossil material, they do not degrade like fossil material, and they allow the fossil specimens to reside safely in a repository, stored under proper lighting, dust control, and humidity conditions. People do not understand that fossils can and will degrade if not properly cared for. They will break, they will crack, they will fracture, and they will be destroyed through improper handling and storage. Everyone can own a cast of a T. rex tooth (I have several, including a cast of my very first fossil find!), a Smilodon canine, a Triceratops toe, a mammoth tooth, or a Stegosaur plate. There are many ethical businesses that specialize in producing casts for research or for collectors. I suggest you look over these businesses if you aren’t familiar:


As a parting thought, please consider these questions. My intent is not to draw improper comparisons or make light of other serious matters, but to ask you to think how the sale of fossils compares to the merchandising of other limited resources.  

Would ThinkGeek sell Native American artifacts? Chert flakes? Arrow heads? Cultural and Paleontological resources are protected under the same laws, and not so long ago it would have been perfectly legal to sell artifacts “obtained from an ethical source.”

Would ThinkGeek sell scrimshaw? Though marine mammals are protected under several laws, if whales are legally harvested for research scrimshaw would prevent bones and teeth from being wasted.

Several American fossil dealers have been caught illegally importing fossils from countries like Mongolia and China in the last 2 years. In some cases they knowledgably forged the fossils’ origins on customs forms to bypass legal issues. How sure is ThinkGeek that their fossils are from a truly “ethical source”, and can you or your source provide the documentation necessary to verify it?

I hope you understand that my intent with this letter is not to patronize or point accusatory fingers. I only wished to share my concerns regarding the sale of fossils on your website. “Smart Masses” know that fossils are a non-renewable resource, and several laws are in place to protect them because the people and the government recognize that they are irreplaceable and more valuable than any amount of money, regardless of what happens in an auction house.

I respectfully ask, on behalf of all paleontologists and fellow geeks, that ThinkGeek seriously reconsider selling fossils and consider the ethical and sustainable sale of fossil casts instead.

Thank you for your time.

Sincerely,
Lee

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I sent this letter off via email on Tuesday, October 28 2014. On Thursday, October 30th I received a response from ThinkGeek. I will share their response in a separate post. This one is long enough already!

-Lee 


Follow me on Twitter to keep tabs on the wild and crazy world of paleontology and geoscience with a Southern California twist!
@paleeoguy 


The Hollywood Paleontologist

My photo
I am a paleontologist who works in Los Angeles, California, and my job is great! Somehow, I manage to be a gainfully employed paleontologist without working for a university or a natural history museum (though I do work with them). I work as a scientific consultant, or Mitigation Paleontologist. My day to day work involves finding, excavating and collecting fossils found on construction projects in Los Angeles and many other places in California. I prepare these 'salvaged' fossils in a lab, I research and study them, report the finds to the appropriate agencies, and then deliver them to natural history museums for permanent safe-keeping. In other words, I bridge the gap between the developers whose bulldozers expose fossils 20 feet under the street of your city, the museums that permanently curate those fossils, and the regulatory agencies enforcing the laws that protect our shared natural resources. It's an exciting and engaging field of work and I get the chance to see amazing places and find wonderful things. Follow me on Twitter! I'm nice, honest! @paleeoguy