Notice of Development of Rulemaking, Chapter 1A-31, Exploration and Salvage of H

[FISHEYE]

Got this in my email today.


The Division of Historical Resources proposes amendments to Chapter 1A-31, Florida Administrative Code, Exploration and Salvage of Historic Shipwreck Sites. The below link is to our Notice of Proposed Rule for Chapter 1A-31, which was published in today’s Florida Administrative Weekly:



https://www.flrules.org/Gateway/View_notice.asp?id=6172515



The notice includes the text of the proposed rule amendments, information on the rule development workshop, and a means for submitting comments to our agency (click on Notice Files for the text of the rule and the workshop date, time place). We will post comments received via the web on our website at: http://www.flheritage.com/archaeology/rule/



The purpose of this rule is to provide guidance and information regarding issuance of permits by the division for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands. The rule also provides guidelines for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state. The rule amendment is also in response to suggestions from JAPC.



Ryan J. Wheeler, Ph.D.

State Archaeologist and Chief,

Bureau of Archaeological Research



B. Calvin Jones Center for Archaeology at the Governor Martin House

1001 de Soto Park Drive, Tallahassee, FL 32301

Phone: 850.245.6301

FAX: 850.245.6452

E-mail: [email protected]



Please take a few minutes to provide feedback on the quality of service you received from our staff. The Florida Department of State values your feedback as a customer. Kurt Browning, Florida’s Secretary of State, is committed to continuously assessing and improving the level and quality of services provided to you. Simply click on the link to the "DOS Customer Satisfaction Survey." Thank you in advance for your participation. DOS Customer Satisfaction Survey

 

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[Skimmer]

Fisheye-
Yeah, I guess we all got that today. I started to try to find my way through all the #$%^ but gave up for today. I'll try again tomorrow.
With all the problems going on around us now in our country, wouldn't you think that these "officials" might find better things to do than complicate the lives of folks who are trying to be decent law-abiding citizens?
Oh, if you start reading the "feedback recieved" section....be prepared to be angry. I am.
Mike

 

[bikerlawyer]

I saw this in my email today too.

We need to get organized and attend the next meeting with as many folks as we can.

 

[bikerlawyer]

Took me a while to find the date/time but here it is:

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 21, 2008, 12:00 Noon
PLACE: Guana Tolomato Matanzas Auditorium, National Estuarine Research Reserve, 505 Guana River Road, Ponte Vedra Beach, FL 32082
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Charlotte Wheeler, (850)245-6536. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stephen S. Mathues, (850)245-6536

 

[Salvor6]

There is nothing we can do. Its a done deal.

 

[G.I.B.]

Question as to the below rule change: No exploration or recovery... bla bla.. unitl... bla bla... the Board of Trustees of the Internal Improvement Trust Fund

Who are these people? Who do they report to?

(3) Within 30 days of the receipt of an application, the division shall, in writing, notify the Executive Director
of Department of Environmental Protection Natural Resources and the applicant that a form of consent may be
required from the Board of Trustees of the Internal Improvement Trust Fund to conduct the exploration or recovery
salvage activities. No exploration or recovery salvage activities for archaeological materials may commence until
the applicant has received necessary consent from the Board of Trustees of the Internal Improvement Trust Fund and
any other permits that may be required by local, state or federal laws.


Next question: It appears that one must have an exploration permit to drag a mag over a potential historic shipwreck... what the You can't even cast your gaze upon the seafloor without the permit...

(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential
historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in a later
stage to allow limited disturbance and excavation for purposes of determining the presence or absence and the nature
of potential historic shipwreck sites. The number, location, extent and type of such test excavations shall be
specified in the permit modification.

 

[aquanut]

Re: Notice of Development of Rulemaking, Chapter 1A-31, Exploration and Salvage

Same old Crap! Sold down the River! So, in our "Free Country" we can't even look for anything because we may be looking for something we shouldn't be looking for? That makes a lot of sense. Besides who do these jerks think finds the stuff they value so highly. Certainly not them! We're the ones spending our time, money and sweat to go out and search for our history and maybe a dream or two! Who in the hell gives these people the right to tell us we can't explore! I wonder how Columbus, Lewis and Clark, Kit Carson, Daniel Boone, Jedediah Smith and all the other great explorers would feel about this!
Aquanut

 

[FISHEYE]

Re: Notice of Development of Rulemaking, Chapter 1A-31, Exploration and Salvage

Not much anyone can do if you modify your mag to look like fish bait.Just hang some non ferrous hooks on it and paint 2 eyes and a mouth on the nose of the mag.If you catch a big fish,then you have dinner!With the new humminbird sidescan fish finders and sonar with GPS mounted to your boat.You are out there looking for fish or lobster areas,if you happen to find a wreck then get the proper permits to proceed.

 

[Salvor6]

Fisheye, the Dept. of Historic Resources will not give anyone a permit. Best thing to do is dive it yourself and keep quiet. Go to the "Treasure in the news" forum and check out the "Tesoro del Alma" thread. This guy found gold bars, got the permit, paid for the treasure trove fees and the BLM just stole everything.

 

[bikerlawyer]

Anyone know offhand the lady lawyer's name that was at the Tallahassee meeting, I believe from Daytona, who rep'd a couple of companies and presented a good legal argument?

There was some discussion about funding her a while ago but her name slipped my mind.

I want to talk to her before the next State meeting.

 

[Skimmer]

Hi Guys-
Is it really too late, as Scubasalvor says? Did I miss some important development?
I have noticed that even though this is a potential
"death knell" for the majority of salvors, many of the,
ahem, "Regulars" that post here are remaining silent for some reason. Avoiding the wrath of the State boys who monitor these websites? I don't blame you, I'm laying low too. Mostly because I know from experience that my humble opinion and/or interest mean NOTHING to Florida's lawmakers in Tallahassee. Big money talks here, and there is no substitute (unless, of course you're in a minority or an illegal alien) .
Whew, what a mess. If someone has a constructive suggestion about what I can do to help ward off this ridiculous change in salvage rules, please tell me. I already placed a response in the "comments" section, for what thats worth.
Mike

 

[Skimmer]

Bikerlawyer-
I bet the attorney was hired by Taffi Fisher.
She was pretty involved in that hearing, and a group
of Fisher folks attended. Apparently, judging from the language in the sections of this document that I have read, Salvage firms with State contracts in place are to be "grandfathered" in.......so except for getting new FL leases, she probably has no worries. I could be completly wrong about this, however, as I have not been up to speak to anyone at the museum since before the State meeting.
I also find it quite odd that absolutely NO mention
of this impending ruling affecting salvage in FL has been made on either the Mel Fisher Forum or the normally "on top of developments" IMAC site. As I am sure these folks know about it and received notification (if I did then surely they did) Iwonder why the silence?
Hmmm......surely this is not a case of "I got mine guaranteed, you all are on your own" Right?
Nah, probably just my imagination. Guess we'll see.
Mike

 

[scubatreasure]

laying low.............
But willing to do whatever i can to help the situation, cause ya see i don't have mine yet and looks like i wont be able to get mine if I'm not grand fatherd in. I have the time and talent . Diving for over 25 years , raised ships, member of underwater search and rescue team since 1994, and scanning the ocean floor for ship wrecks just as long, using free satellite sites off internet...............now Ive located something of intrest to the Mel Fisher people. something that warrants further investigation but I'm not giving up diddly. unless i have a guaranty that i don't get thrown by the way side. so i even entertained the thought of starting own salvage company......I'm at a crossroads...what to do .............lay low.....or fight........fight for my rights that are god given.......cause ya see..........IM THAT GUY....and no I'm not afraid of going to jail for doing what i believe is my right......................................................................Limo Bob

 

[mad4wrecks]

Bikerlawyer, I sent you a PM. The lawyer's name is Mary Hanson.

There is much happening behind the scenes but we still need everyone's support: showing up at meetings, donating whatever dollars you can spare, even just sending in your comments, thoughts and opinions via email.

 

[Skimmer]

M4W-
Maybe "behind the scene" activities is the proper way to address this issue, I don't know. I certainly wish you much luck.
The eerie silence of the Fishergroup regarding these impending changes in FL salvage law on all the forums
seems awfully strange to me. Ihave never known Taffi and Kim to be shy about voicing their opinions, nor have I seen less discussion about such an important pending legislation on these boards where many of us get "the news" about the salvage commuity.
There must be quite a few of us who stand to be adversely affected by this proposed procedural change,
yet many of the active salvors seem to have nothing to say, at least in public, to get people to support their cause. No mention whatsoever on any of the other boards like IMAC or even the Fisher website. Very odd.
I expect the scheduled meeting way the hell up in Ponte Vedra Beach will be sparsely attended by FL salvors and will probably, sadly, be an open and shut case for the State.
So, an era ends with barely a whimper. Mel must be wondering where he went wrong.
Mike

 

[Jimi D Pirate]

This was sent to me from my friend Ernie and is for all fellow divers.
An appeal from John Brandon

ALL--

A State of Florida "Rule" is undergoing change. The proposed change to "Rule 1A-31" would put Private Sector Salvage Divers "out of the water" forever.

Your voice can be heard and your opinion counted by spending less than two minutes at your computer. Please go to my website (link below). There is a new "button" (blue background) at the bottom called "Participation Page." Click on "Rule 1A-31 Comments." A PDF file will appear. Print this out, then follow the instructions. It's easier than voting for president! This appeal comes from John Brandon, who you know is "Captain of the 1715 Salvage Fleet" on Florida's "Treasure Coast."

Thanxabunch!

GOOD HUNTING!

Ernie Richards

Please visit me at: www.enrada.com or http://home.att.net/~enrada
VIRUS-FREE E-MAILS COURTESY NORTON I-S 2008!

 

[G.I.B.]

Done, thanks for the link.

 

[wreckdiver1715]

In addition to making comments concerning this change directly to the DHR, I would also encourage each of you to make your concerns and opinions known to the State Legislator, as they must approve any changes to the Florida statutes. Mail and email your representatives in both the State House and Senate. Bombard them with comments by having your friends, and family members also voicing there opposition. If you are a registered voter, and have a history of voting regularly in state and local elections (regardless of party affiliation), your opinion matters even more to our elected officials.

You can find your representatives by following this link, type in your zip code to find your state representatives.

http://www.flsenate.gov/Legislators...b=legislators&CFID=107658341&CFTOKEN=89052903

 

[SEAHUNTER]

Here is the direct link to the comment page. Simply scroll to the bottom and click on the blue "Make Comment" button, then enter rule 1A-31 in the subject box and your name and email address then enter your comment or the ones below can be copied and pasted if you agree with them.

https://www.flrules.org/Gateway/View_notice.asp?id=6172515


1. I am against any rules or regulations that would hinder Florida's historical shipwreck
salvors from their continued recovery and distribution of treasures and artifacts, such as the current
proposed rules.
2. For reasons of economy, efficiency and fairness,I believe the Division of Historical Resources should do more to work with the privatesector salvors of Florida and rule 1A-31 does not seek to do this.
3. I believe Florida's private sector salvors have done an excellent job of recovering and
preserving our maritime heritage, to the direct benefit of the public and at little cost to the
tax payers and should be allowed to continue with as little interference as possible. Rule
1A-31 does not do this.
4. I do not want my tax dollars used by state archaeologists to dive on shipwrecks. The
private sector salvors have done a great job, using their own money, with Florida getting
the benefits. No change to rule 1A-31 that will make it harder for the salvors to continue should be enacted.




I have emailed everyone in my address book and asked them to forward it to everyone in their address book.The response has been very good. If we all do this we should be able to flood them with emails. I made a personal appeal with links to my website and some of my opinions were voiced. If you would like a copy of this email to forward just send me a pm and I will send you a copy. This is not a "Done Deal" and there is still plenty we can do. We will win.
Several of us who have "Admiralty claims" have been funding this fight even though we are supposedly "grandfathered in". Taffi Fisher has paid the majority and several others have helped as much as we could. You might ask why would we do this if we were not affected by the rule change. We know after they close out everyone else they will come after us and what they are doing is very un-american. If you can help financially please send Mary Hansen P.A. a check for whatever amount you can afford. She is the lawyer we have hired to represent you.

Mary D. Hansen, P.A. 4393 S. Ridgewood Ave., Suite 1 Port Orange FL, 32127

Together we can overcome this assault on our civil rights.

Thank you
Scott Thomson
Seahunter

 

[FISHEYE]

Re: Notice of Development of Rulemaking, Chapter 1A-31, Exploration and Salvage

I had a problem going to that link.anyone else get this error?