Shipwreck Possibilities

[wreckdiver1715]

This article appeared in yesterdays Mobile Register in Alabama. This is indicative of some of the challenges that we, as treasure hunters are faced with when we discover a shipwreck in state controlled waters. As many of you have heard me say before, there is a right and a wrong way (legal and illegal), to go about the business of shipwreck recovery.
Do I agree with some or all of the rules, regulations and international agreements (UNESCO), which we are now subjected to? NO! Not even close. However, this is a fine example of the proper way to do business, even under today?s restrictive legal binds.
It is the difference between right and wrong. And for those who would advocate the looting of wrecks or otherwise conducting clandestine removal of booty simply because you disagree with the law, remember that you run the risk of loosing everything and gaining nothing for your efforts. Not to mention that these illegal operations (though few in number), bring discredit to all those involved in legitimate shipwreck search and recovery operations.
Mel Fisher operated his business within the framework of the law, and eventually fought his battle all the way to the US Supreme court, and won. His family and the many investors that believed in his dream are still reaping the rewards today, 20 years later.

Enjoy the read, and happy hunting.

Q

http://www.al.com/news/mobileregister/index.ssf?/base/news/112254246061880.xml&coll=3&thispage=1

 

Amazon Forum Fav 👍

A Handbook of Civil War Bullets and Cartridges - Grab it through Amazon!

[Floater]

Not to stir the pot WD but I sure as He!! don't like Congress and the senate sneaking bills in. And with the reputation of the Alabama hysterical society past and current group It sure doesn't look promising. I don't mind someone raising money for historical significant Items but honestly I believe we should model our recovery's after the British laws concerning finds and the Compensation allowed under there laws. The UNESCO agreements are a joke and the courts erred on that decision to uphold Spains rights. They could neither afford or had interest in these ships and they after century's were given up as lost and abandoned. Just my 2Fathoms worth.
thanks for the Article. HH

 

[mariner]

I think that Fanthom Exploration may still be in for a nasty surprise with these wrecks if they turn out to be Spanish ships and if they have not obtained, or do not obtain, the cooperation of the Spanish government. They point out that they filed claim to these wrecks before President Bush signed the new law on the protection of military wrecks in October last year, but that bill merely clarified what had already been established as the current law for Spanish wrecks by the SeaHUnt case in 2000, and extended it to cover military or Government owned ships of all Nations.

In light of the SeaHunt ruling, Alabama has no more right to issue permits to excavate Spanish shipwrecks than Viginia had to issue permits for the recovery of the Juno and La Galga, as SeaHunt found to their cost when Spain intervened in the Federal case initiated by the US Government. I note from the newspaper article that the US and Spanish governments have served notice on the Alabama court that they might have claims on the wrecks when they are finally identified.

I agree with Wreckdiver 1715 about the need to work within the law, but you need to make certain (as best you can) just what the law is. I also believe that the current laws are oppressive, and probably counter-productive, because if people who find shipwrecks, accidentally or otherwise, cannot get permission to excavte them legally, they are likely to start doing so illegally. What is needed is a new approach whereby there are multilateral agreements on the finding and recovery of certain types of shipwreck, involving both the finders and other interested parties. I do not think that the average person would object to the protection of genuine military wrecks, but that appears to have now been extended to cover Government owned ships that were on commercial duty, which were not previously protected by the International Convention on salvage. A prime example of this would be Manila Galleons, where the ships were generally owned by Spain, but where the vast majority of the cargo was owned by private merchants.

However, that does not mean that such wrecks cannot be examined and excavated by agreement with the Government concerned. The agreement between Odyssey Marine and the British government to recover the Sussex off Gibralter is the best recent model for this, and I would hope that Spain would be cooperative in working with the finders of appropriate Spanish wrecks. Otherwise, they are liable to end up being looted in a way that involves no proper archaeological process or documentation, and with no benefit to the Government involved, nor to the general public by way of information and education.

It's may be a tall order to achieve this kind of change, but if a way is not found to accommodate such public-private partnerships, then I am afraid that even more wrecks will end up being looted than is the case today, and that will be of no benefit to the "Establishment". If it were not for so-called Treasure Hunters, most shipwrecks would never be found. I would like to think there is a legal way forward.

Mariner

 

[pir81]

we are allready taxed to death if someone found it it being a sunken vessel lost over a long period of time they should be able to reap the benefits as long as it is done in a manner that can donate info to historians if possible the goverment allways wants to step in on someone elses work they were not looking 4 it these guys invested time money & research they should be able to claim it this country was based on the idea of a goverment that worked 4 the people now it seems it is becoming more selfserving with evry new law taxbill etcetcetc i hope they get 2 recover it THEY DESERVE IT