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Frontiers to science: free trade and museum ethics
Abstract
There is nothing inherently wrong about museums purchasing specimens from commercial dealers who act honestly and in good faith. Indeed, a significant amount of the taxonomically important material in the UK's great public collections has been acquired in this way. Doing business with the trade does, however, carry risks, and there are many ways in which the unwary curator can be ripped off by an unscrupulous dealer. Apart from fakes and forgeries, the most pernicious and damaging aspect of the trade is in illicit material. Museums should respect the laws of countries which seek to protect fossils as part of their cultural patrimony. This ethic is enshrined in international convention and in the ethical codes that apply to UK museums both at an individual and institutional level, through the UK's Registration scheme. The UK is about to become signatory to the 1970 UNESCO Convention, which outlaws the international illicit trade in cultural property, and will create a new law to criminalise such activity. This paper argues the case for accepting UNESCO's inclusion of fossils in the definition of cultural property. The more relaxed ethic of some academic palaeontologists compared with the ethical standards of mainstream geological curators in the UK should be addressed by drafting a protocol, whose standards should be developed in consultation between curators, academics, and reputable representatives of the trade and third world countries from which most illicitly traded fossils originate.
... The main palaeontological sites in England are protected as sites of special scientific interest, preventing damage that is related to development and protecting against the inappropriate collection of fossils. Larwood (2001) has suggested that the trade in fossils in the UK has positive overall effects, and Besterman (2001) has shown that a significant number of important fossils in the collections of museums in the UK were acquired through purchases. ...
... Despite all existing legal provisions, which essentially entail the criminalization of the possession of fossils by private individuals, concerning the stoppage of engineering works and mining activities, the effective protection of deposits that are rich in fossils has not had an effect. Specifically, the sale of fossil material is subject to the misinterpretation of current legislation, is not considered a valid mechanism for protecting fossils, and is considered a taboo topic in Brazilian academia, despite being widely discussed internationally (Besterman 2001;De Miguel et al. 2021;Fidalgo and Fernández-Martínez 2021;Larson 2001;Larwood 2001;Liston 2014;Liston andYou 2015, Percival 2014). ...
Fossils have great potential for elucidating and popularizing geosciences among all age groups. Brazil, due to its continental dimension and wide geodiversity, has many internationally important fossiliferous sites, which include rocks from the Pre-Cambrian to the Quaternary eras. Thus, in this study, we analyse the legislation and public policies related to the extraction, use, or protection of fossils and palaeontological sites in Brazil. This research examines the legal and infra-legal normative documents and numerous publications on the subject. Our results show that fossils are considered a heritage of the union, i.e. mineral heritage according to the mining code or, exceptionally, cultural heritage when they are related to human culture. Although the sale of fossils as a main product of mineral extraction is not regulated, it is possible and legal to sell material extracted from rocks formed basically by fossils. Hence, it is common to observe the use of such fossiliferous rocks as landfill, construction and paving materials, agricultural inputs, or other types of industrialized products. Mining and civil works, by exposing layers of fresh or slightly weathered rocks and expanding available observation areas, contribute to the advancement of palaeontological knowledge. Accordingly, we evaluate the absence of clear criteria for differentiating whether a fossil is a rare specimen or a common occurrence, entailing the necessity for the proposal of new norms for the preservation of Brazilian fossil heritage. Our study demonstrates that a new legal framework concerning the extraction of mineral resources is crucial to ensure a better preservation of Brazilian fossil heritage and to provide legal certainty for both professionals who research these natural assets and mining companies or those who develop construction projects in sedimentary basins.
... They have been collected, traded, sold, and even revered as magical, medicinal, and spiritual artifacts, or used as money (Larson 2001;Moura and Albuquerque 2012;Gambim et al. 2017;Vialou and Vialou 2019). Even if fossils exist without human interference, the scientific theories that paleontologists use to advance our understanding of ancient life are human constructions (Besterman 2001), and signs are present in everything that is human (Petrilli 2009). ...
... Brito et al. (2021) recently reported the occurrence of marine Late Cretaceous coelacanth from Morocco obtained from a commercial fossil source, a sector that is also commonly seen as a damager of the paleontological heritage by the scientific community. This is despite the fact that the majority of the illegal trade in fossils and artifacts is from poor third-world countries to rich first-world ones (Besterman 2001). ...
Fossils are polysemic entities that attract people for very different reasons ranging from scientific to recreational ones. They can therefore display different heritage contents according to the meanings assigned by different social groups. This may endanger the integrity of the fossil record that grounds the development of paleontology (and related sciences) and may affect the enrichment of the paleontological heritage of the Earth. But the source of the paleontological heritage is not limited to academic activities that are trained to put into action top-bottom methods of inventorying, assessment, conservation, valuing, and monitoring procedures to fossils and fossil sites. Other culturally differentiated initiatives of geoconservation, whose meaning is inextricably rooted in both cultural and scientific dimensions, are important contributors to enlarge the data on paleontological heritage. Even among mining activities, normally seen as a big threat to geoconservation, it is possible to recognize examples of distinct practices of preservation and valuation enhancing of the paleontological heritage according to a bottom-up approach where fossils display heritage contents quite far from the contents usually assigned by the experts. The case of two UNESCO Global Geoparks (Araripe, NE Brazil; and Arouca, N Portugal) here presented enables to feature a new approach to the concept of paleontological heritage as a set of natural objects, resulting of culturally differentiated initiatives of geoconservation, whose significance is strongly linked to both cultural and scientific dimensions.
... Storage of specimens should ideally allow both ready access and long term safety. It has been argued (Besterman 2001) that fossils may be regarded as part of the heritage of a country or region, and as such there is also an argument for storage of specimens close to their site of collection. A more pragmatic, and probably scientifically valid, reason for retaining specimens close to their source is that it is far easier for researchers to be able to visit a locality and the fossils from it within a single trip. ...
... One regularly discussed example is the influence of laws covering Brazilian fossils, in particular in respect to the vertebrates from the Santana and Crato formations. Besterman (2001) argues that these laws should be adhered to; we do not deny this, only that the laws are unsuitable. Martill (2001) notes that at the time of writing that a ban on fossil export was frequently ignored and many fossils left the country, but, because these were illegal, they were tehnically not available for research. ...
Palaeontological resources are used by many people for diverse purposes, and in
generating a best practice model for utilisation and conservation of these sites, the
requirements of all of these interested parties should be taken into account. Fossilbearing
sites vary tremendously, especially in rates of depletion of the rock and fossils,
frequency of visits by interested parties and the scientific significance, size and
distribution of fossils therein. We argue that it is these criteria that should dictate best
practice for any particular site, and in doing so a far more rational conservation strategy
can be achieved.
... Despite the existence of a broad theoretical discussion about the adequacy of fossil commercialization (Barrett et al. 2021;Besterman 2001;Carvalho 1993;Davis 2001;Jasper 2010;Larson 2001;Larwood 2001;Lima 1990;Marcon et al. 2014;Martill 2001), which is not the scope of this study, it must however be considered that the contribution to this knowledge is closely related to the manual job of workers on mining fronts, on agriculture, or in the construction activity. It is quite often through the daily task of revolving of a large volume of rocks that it becomes possible the discovery of fossils, whether new species, ichnospecies, or others already known, but possessing some special character of relevance. ...
Abstract
Paleontology, as a science of discoveries, mainly prioritizes those that describe new fossils, in general, as the work of individuals
disconnected from the social and economic reality in which they are inserted. The discovery of the new transfers
one into the possibility of social recognition and therefore into the record of the individual’s proper memory. However, the
paleontological research has a complexity that transcends the intellectual work restricted to the office or laboratory, involving
chance, manual work, the capacity for critical discernment, and the actions of several individuals who work in the regions
where fossils are found. In this way, the concept of the Invisibles of Science emerges: they are indigenous, enslaved, riverside
populations, workers operating in mines and quarries, the population of the villages where fossils are found, field or laboratory
assistants who have volunteered or contractually contributed to the assistance of scientists. For paleontological studies, this
kind of collaboration is fundamental to the discovery of new fossils, the optimization of field and lab work and the advancement
of knowledge of the science of fossils, contributing to the geoheritage preservation. This study carries out a critical
reflection on the importance of the Invisibles of Paleontology, analyzing the relationship between the enrichment of science
collections, the preservation of heritage and the need for a new relationship with those who support scientific development
in Brazil. The aim is to contribute to a historical understanding of the relevance of local populations in the protection of
the Brazilian paleontological heritage and a need to revise the legislation, avoiding the criminalization of scientific activity.
... However, in addition to contributing crucial scientific evidence, fossils are common cultural property as they inform us on our origins and place within the natural world (e.g. Schmidt 2000;Besterman 2001; but see Nudds [2001a] and Liston [2014] for contrary opinions). Moreover, the study and interpretation of fossils has formed the basis for many philosophical and societal changes, including appreciation of concepts like deep time (with its obvious implications for origin stories) and extinction (which has influenced ideas of societal development), as well as their use as devotional or folkloric objects in some cultures (e.g. ...
Fossils are a limited resource and the information they provide is critical for unraveling evolutionary history. Private collections sometimes contain fossils that can provide unique scientific insights, but vary in the levels of access that they provide to researchers. Some palaeontologists have advocated publishing on specimens in private collections to unlock critical data, but these observations cannot be verified independently unless future access is guaranteed. Technological approaches, such as CT-scanning, might provide some solutions to this apparent conflict, but do not solve all of these issues. As a core scientific principle, reproducibility should be the key criterion applied when making decisions over whether to publish on a specimen or not.
... Despite the existence of a broad theoretical discussion about the adequacy of fossil commercialization (Barrett et al. 2021;Besterman 2001;Carvalho 1993;Davis 2001;Jasper 2010;Larson 2001;Larwood 2001;Lima 1990;Marcon et al. 2014;Martill 2001), which is not the scope of this study, it must however be considered that the contribution to this knowledge is closely related to the manual job of workers on mining fronts, on agriculture, or in the construction activity. It is quite often through the daily task of revolving of a large volume of rocks that it becomes possible the discovery of fossils, whether new species, ichnospecies, or others already known, but possessing some special character of relevance. ...
The ichnogenus Brasilichnium, with its ichnospecies type Brasilichnium elusivum, was established for a very common and abundant kind of tracks from the Brazilian aeolian Botucatu Formation in Paraná Basin. It is nowadays a recognized ichnogenus on several continents. A new occurrence of this ichnogenus (and also of the ichnospecies Brasilichium elusivum) is herein announced from Cretaceous arkose sandstones, at Kinshasa, Democratic Republic of Congo. Three slabs with several mammaloid footprints attributable to this ichnogenus were found in Kinshasa, in red sandstone slabs cladding facades of pre-independence (1960) buildings. These slabs were and are quarried at the NW margins of Kinshasa along the left banks of the Congo River, in the districts of Kimbwala and Mbudi. This material can be attributed to the Loia Formation (Berriasian-Aptian). These are the first tetrapod tracks in the Democratic Republic of Congo, and possibly in all of Central Africa. It is important to keep on surveying for tracks in the quarries and on the facades of buildings in Kinshasa, in order to increase the potential use of ichnology to environmental and palaeogeographic reconstructions.
... Repatriation is becoming a more and more important thing for China: initiated in 2005, the China Fossil Preservation Foundation (Figure 9) was established in 2008, and is supported by the IVPP. It has worked for the voluntary repatriation of a few high profile specimens, similar to the infamous Czerkas' Archaeoraptor from Blanding Dinosaur Museum in Utah (Besterman 2001, Martill 2001 to be offered a cash sum to help you to repatriate the material voluntarily. ...
Chinese legislation since 1982 relating to the export of vertebrate fossils from China
is reviewed, with particular reference to dinosaur eggs, where a surprising legal
loophole was identified. Problems of economic incentives and corruption are briefly
considered in connection with the illegal export market, along with a pragmatic
assessment of the threat from Chinese sources of future repatriation of this material
where it lies abroad.
Aspects of the legislation that affects the excavation and export of fossils from China are reviewed in the context of the illegal removal of material, as well as problems shared in common with fossil protection legislation in other territories. Issues that surround a clear definition of terminology, as well as the consequences of poor terminology in such legislation, are highlighted, as well as the question of the propriety of the application of cultural legislation to palaeontological objects. Examples are given of ways in which foreign researchers can work legally with institutions in China on Chinese fossil material, as models of best practice to be followed. © 2014 The Linnean Society of London, Biological Journal of the Linnean Society, 2014, 113, 694–706.
Fossils are a non-renewable natural resource that is not only important to science but also has immense value for education, tourism and commercial trade. Although the importance of sustainably managing exceptionally rich fossil localities is widely acknowledged, it is not universal and irreplaceable scientific information and socioeconomic benefits are being lost. This study provides an overview of the economic, social and environmental factors affecting 10 contrasting fossil localities in Germany, China, Brazil, the United Kingdom, Canada, Australia and France that are significant for preserving the remains of Mesozoic vertebrates; these are amongst the most spectacular extinct animals and readily capture the public imagination. A discussion in the context of sustainable development is carried out. Non-extractive and scientific/educational (e.g. museums, geotourism) usage of fossil deposits are fully sustainable and benefit communities both economically and socially. Conversely, extractive uses (commercial collecting, quarrying) effect resource depletion but can be managed through scientific involvement, regulation and reinvestment of profits. Ultimately, implementation of an integrated approach embracing both profitable development and appropriate protection measures may ensure optimal usage of fossils for the future.
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