Roaming Access to Public Lands has Disappeared for
Metal Detectorist and Others
By Lee Wiese
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The Ideal Situation is to have
complete access to public lands with no restrictions but alas that is
far from today's reality.
Today's Reality is that more and
more public lands are being put behind man made barriers. These barriers
come in the form of laws, regulations and rules that prohibit or limit
many personal outdoor activities on public lands.
This is the biggest single issue facing many out door activities
(recreational metal detecting, gold prospecting, fossil and mineral
collecting, rock hounding, off road vehicles, etc). Access to public
lands is not just a metal detecting issue but is also the single most
important major issue for the many outdoor recreational activities.
Why are more and more public lands being put
off limits to metal detectorist? Metal detectorist are being
pushed off of public land because the hobby is considered to be
destructive by many public land managers, archaeologist and nature
preservationists.
Public land managers find that their many parks, school yards and ball
fields are being heavily damaged by irresponsible detectorist. Many new
detectorist have entered the hobby and have not taken the time to learn
how to correctly recovery a target from the turf. The result is that
there is a great deal of damage caused to manicured public parks grass,
ball fields, etc. All detectorists must afford the same consideration,
care and non-destructive behavior toward public lands as he / she would
towards their own lawn and property.
National, state and local historical sites have been plundered for
profit by a small number of individuals without any regard to the
historical value and significance to the public. Generally, these
individuals plunder for profit and in some cases for their private
collection.
Today, the metal detecting hobby is portrayed on TV on at least three
different programs as a turn-on and go hobby. Some of the shows portray
the hobby in a very negative light with destructive target removal
techniques and with an emphasis on how much the target is worth
(profit). When new potential detectorist view these shows they can be
influenced by the bad habits and practices as seem on these shows. This
can create the situation where a new detectorist may start practicing
the hobby without any regards to the metal detecting environment, to
property and the potential public value of objects being found.
There are many new retirees entering the population from lifetime
careers who are looking for a hobby to occupy their free time. These new
retirees see the metal detecting TV shows and decide to purchase a
detector without any knowledge as to where and how to use the detector.
Their only knowledge base about the hobby is the TV show and that
knowledge is not enough to inform them of the right way or even the
incorrect ways to practice the hobby. An inexperienced detectorist with
no prior experience, knowledge and the lack of a personal mentor is a
detectorist in trouble. This situation can cause the hobby a great deal
of damage in the public eye.
In Summary. The lack of individual
personal knowledge about how to properly use a detector and recover
targets in a park setting is the single major cause of why public land
managers limit or remove access. Plus, there are those individuals that
use a metal detector to plunder historical sites. The plundering of
historical sites brings forward the archaeologist and now you have a
very large constituent of people, who will pressure public land managers
to remove all access.
So how can metal detectorist gain greater
access to public lands?
Local Involvement. The best way for metal
detectorist to retain access to those public lands that are still open
in their community and to gain more access to public lands is to work
with the local public land managers. Do not wait until a law or
regulation is purposed or enacted; at that juncture it is probably too
late. To change an existing law can be difficult without a lot of help
from the U.S. metal detecting community or in some cases to hire legal
help, which can be expensive. Getting the law changed is not an easy
task.
All clubs need to have a conversation at their monthly meeting about
public land access and how they as a club can make an impact. This
should not be a one time event but must be an on going monthly
conversation at their club business and board meetings.
A loud uniform voice must come from the local metal detecting club and
this can be accomplished by becoming an intergraded part of the local
public land management organization or the department's rule setting
process. What this means is that there should be a number of volunteer
club members who can be available to participate on how regulations and
laws should be enacted. These volunteers need to be open minded about
how to protect public lands but also gain support for metal detectorist
and other recreational activities to have public access.
The club should seek out the local archaeologist organization and
volunteer their services to help profile historical sites. This could
develop into a good working relationship and may soften their
(archaeologist) view about the metal detecting hobby and its
participates.
The club should also team up with local law-enforcement and provide
evidence search services at crime scenes. This is an excellent PR
service and can be very beneficial to law enforcement.
Get the club in the local news services with PR stories about finding
lost items for people or doing projects with other organizations. These
type of activities can build support for metal detecting in the local
community.
Advertise in the local newspaper about your club's monthly meeting so
that new metal detectorist can gain knowledge about the club existence.
Also provide a monthly or quarterly introduction to metal detecting
class for the public though the local senior center.
State Involvement. There also needs to be
a well organized effort to influence state law and regulations for
access to state land. To accomplish a state level effort will require
that all of the recreational hobby groups in the state work together
with a uniform voice to the state policy makers. This means that
organizations / groups that represent metal detecting, gold prospecting,
gem and mineral, fossil collecting and off road vehicle use, etc. must
consider getting together to fight for public access with a single
voice. These organization normally has members throughout the whole
state and with these members all state legislators could be targeted by
the hobby related constituents to gain their help and support on open
access issues.
National Involvement. A very similar
situation (as state involvement) needs to take place at the national
level - all national organization with a public access issue should work
together to create one loud voice for access. If this were to take place
just think about all the voices across the 50 states that would be
focused on one major issue in congress. Think leverage, leverage,
leverage.
Finally there are a number of non-profit groups working
independently doing fire-fighting on the open access issue - this can be
effective but not very efficient. These groups need to stop and look at
the big picture. The groups need to operate as one voice on open access
issues since they all have the same objective and mission which is to
keep public access open to the recreationalist. View some of These
Groups at:
Join the Fight
What is the future without change?
Graphic Disclaimer. The graphic below is
based on an analysis of the federal acts' time line, state laws, and the
review of many county and city regulations. The percentages are a bit of
a guess when it comes to the level of law enacted in each entity
(states, counties, cities, etc) however, the error factor is probably
relatively small.
The vertical axis (Y) on the left represents Laws and Regulations
enacted from the very LOW level percentage in 1906 on the bottom of the
axis to a HIGH percentage at the top of the axis over time.
The horizontal axis (X) on the bottom represents time by using the
various acts passed by congress since 1906. Keep in mind that these
federal acts drive almost all state and local laws for access to public
land. (National, State, County, City, etc)
The conclusion you could take away from this graphic is that over the
last 100 years access to public lands is being either eliminated or
regulated by laws. This is being accelerated at a very rapid pace today
and will be even more so in the future. More and more states, cities,
county and school districts are placing limits on their public property
against metal detecting. It is time to take real action by all clubs and
metal detectorist across the country or our public land access will
probably be gone in the next 25 years.
Summary. This article and other similar
articles on the MDHTALK News website represent just one small voice for
gaining greater access. It is hoped that detectorist and others will
read these articles and add their voice to the public lands access
troubles.
So
Join the Fight
Here are a list of articles on the MDHTALK website that can be read
which will further enforce this article's theme.
Is Recreational Metal Detecting on the Endangered List?
Article Link
Is Recreational Metal Detecting on the Endangered List? ---Next Step
Article Link
Thoughts on Responsible Metal Detecting
Article Link
Metal Detecting Etiquette
Article Link