I don't think JM meant they can't be proven to exist historically or that they were military, but that the actual sites Ben Benson found were proven to be the LaGalga and Juno.
Exactly, Darren. The court basically decided the sites in question were Juno and Galaga with no provenance. Considering the number of potential shipwrecks in the area in question, this was patently absurd. But the court did it anyway. Anyone who believes protection under the ASA or SMCA will require ironclad proof (no pun intended) of vessel identity is fooling themselves.
But back to the point: the ASA applies to potentially historic shipwrecks, not sovereign sunken military craft. Once a vessel is determined, no matter how dubiously, to be a sunken military craft, that vessel is protected under the Sunken Military Craft Act, NOT the ASA. A sunken military craft must be expressly abandoned by the sovereign state in question in order to be eligible for Admiralty arrest or potentially, ASA...inclusion of a military craft under ASA is possible, but highly unlikely.
The basic requirements for protection under the ASA are that the wreck lie within the 3 mile limit and that the wreck be eligible for inclusion in the National Historic Register. If the Archies we all love and admire so much decide the wreck is "historic", it falls under the aegis of the ASA. The wreck could be a garbage scow or a shrimp boat...if the Archies say it is "historic", it's historic.
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