kneelingwarrior
Jr. Member
- May 20, 2009
- 30
- 6
Anybody having luck in North Central Arizona? I am new to this stuff. GO
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.im not getting it straight RANGER the first part of the law listed is you cant collect arrowheads and the last part you can ? and you cant have a MD in a state park ? my pal is full blood and has family on the res. in AZ. if he gives me things is this wrong to have ? or get perrmission to collect on the res. ?
Park Ranger said:Removing arrowheads from federal land is illegal. In 16 U.S.C. it is only stating that you are not subject to the fines and imprisonment stated in that section. However it is still illegal under
36 CFR (Code of Federal Regulations)
2.1
Preservation of natural, cultural and archeological resources.
(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their reproductive bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons, or caverns, down hillsides or mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the park area: Provided, however, That the superintendent may designate areas where dead wood on the ground may be collected for use as fuel for campfires within the park area.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized scientific, mining, or administrative activities.
(b) The superintendent may restrict hiking or pedestrian use to a designated trail or walkway system pursuant to §§ 1.5 and 1.7. Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited.
(c) (1) The superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
(2) The superintendent may:
(i) Limit the size and quantity of the natural products that may be gathered or possessed for this purpose; or
(ii) Limit the location where natural products may be gathered; or
(iii) Restrict the possession and consumption of natural products to the park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of the size or quantity limits designated by the superintendent.
(iii) Unauthorized removal of natural products from the park area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the taking, use or possession of fish, wildlife or plants for ceremonial or religious purposes, except where specifically authorized by Federal statutory law, treaty rights, or in accordance with § 2.2 or § 2.3.
This is specific to the National Park Service the National Forest Service has a similar law located in the 36 CFR section below
§ 296.4
Prohibited acts and criminal penalties.
(a) Under section 6(a) of the Act, no person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under § 296.8 or exempted by § 296.5(b) of this part.
(b) No person may sell, purchase, exchange, transport, or receive any archaeological resource, if such resource was excavated or removed in violation of:
(1) The prohibitions contained in paragraph (a) of this section; or
(2) Any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Under section (d) of the Act, any person who knowingly violates or counsels, procures, solicits, or employs any other person to violate any prohibition contained in section 6 (a), (b), or (c) of the Act will, upon conviction, be fined not more than $10,000.00 or imprisoned not more than one year, or both: provided, however, that if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500.00, such person will be fined not more than $20,000.00 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person will be fined not more than $100,000.00, or imprisoned not more than five years, or both.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]
My Suggestion to everyone is do not take the legal advice from someone on this board it will not save you in court. If you want to know the rules and regulations for a section of land under federal law call that federal agency and ask them the specific rules and laws for that area. In the end it will save you a lot of troubles, headaches, and money.
rock said:I know they changed the laws here in Ga this yr. You can use your MD but you cant dig . What is the sense to bring it if you cant dig? And if you find anything worth more than $25.00 you cant keep it. So I wont be going this yr I dont think.
Wow! You can MD, but can't dig. Wow! Why didn't they just keep it at no MD? Wow!
Mostly so someone can try to find a piece of jewlery they lost or some other metallic object. Once you go below the surface your going back in time. I'm clueless on the 25$ thing.. that sounds incorrect to me... it would leave way to much to opinion of something's value. 25 or 50 yrs.. would make more sence.