Hi Mike,
Good to hear from you, again. I hope you are well.
I have said repeatedly that I disapprove of the way Odyssey behaved in removing all of the coins from the so-called Black Swan site, but they have applied for a ruling from the Federal Court, who will decide how to apply the law in this case. The point I have made is that it appears to me that since that event, Odyssey may have seen the error of their ways, and gone back to proceding in a proper manner. They seem to have done that in the case of the Victory, for example, apparently having consulted the UK Government at an early stage, and worked with them in identifying the site and discussing the alternative way forwards.
It might well be that they have decided to do this for the practical reason that it is better for their image and better for their relations with owners of wrecks to do so, but that's OK, and better than the way they behaved with the Mercedes site. If somebody who is behaving in a bad way sees the light, and starts to reform their ways, it seems to me that they should be given credit for doing so, and then encouraged to continue their reform.
I do not know that Odyssey will ever repair their relationship with Spain, and they may have altered the way that Spain behaves towards future finders of Spanish wrecks, but the Federal court can decide how to treat the case of the Mercedes and the cache of coins. My belief is that Odyssey would have been awarded a substantial proportion of the Mercedes cargo, in any case, if they had recovered only a few of the coins and communicated properly with Spain. Without having studied the case in great detail, it appears to me that the Mercedes was not acting as a Sovereign Vessel on that particular voyage, and sank in International waters. If that is the case, then somebody finding her is entitled to an appropriate salvage award. If it turns out that the wreck is in Spanish waters, and the coins were recovered in Spanish waters, then that would be a different matter, as the US Court would not have jurisdiction.
I think that it would be an injustice, and against the interests of legitimate salvors to apply the law in a different and perverse way in this case, though I hope that the court stresses the that potential salvors should recover only sufficient artefacts to identify the wreck in the future, and I hope that that Odyssey learn their lesson. It is in the interests of the whole TR community that they do.
Best wishes,
Bob aka Mariner