What is the law for International Waters?

[CaribbeanDiver]

I had a friend ask me a question I could not answer.

What is the situation for shipwrecks found in international waters?

Thanks

 

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[dano91]

It's pretty unclear to me. But I know to stay away from the US Coast Guard, they tend to drift out to International water if you know what I mean. Also depends on what area your in. And how big your ship is.
Dano

 

[mariner]

CD,

In international waters, the international conventions on salvage and finds apply, and if you find a wreck you can apply to a Federal Court who can assume jurisdiction and apply those international conventions. For example, control of the Titanic wreck is administered by a US court in Philadelphia, I think. The law of salvage enables a finder of a wreck, and the finder would expect to get the lion's share of the value of the wreck, traditionally up to 90% of the value. Recent US legislation has exempted the wrecks of all Government owned ships in US waters from salvage claims, but in international waters only "Sovereign wrecks" are exempt. These are ships owned by a Government and on non-commercial activities when sunk. Also in international US waters, wrecks may still be considered "abandoned" by implication, without their owners havving specifically declared them to be abandoned. If somebody finds a wreck in international waters that is not that of a Sovereign vessel, they should obtain hard evidence and apply to a Federal Court for salvage rights. All wrecks have owners,or potential owners, but the law of salvage has traditionally favored the salvor where the owner has taken no significant steps to salvage the ship themselves.

I would not worry too much about the US Coast Guard, especially in International waters (ie more than 24 naurical miles off the US coast). In recent correspondence with a very senior person in the USCG, I have been told that they regard shipwreck salvage as being primarally a civil matter, and it is not their policy to intervene, even when a wreck is being looted in US waters. I would be interested to know of any cases where they have actually intervened.

Mariner

 

[CaribbeanDiver]

Great info, thanks

 

[dk-diver]

I just came across this interesting and easy to read article regarding laws of salvage.

http://ancienthistory.about.com/gi/dynamic/offsite.htm?site=http://www.imacdigest.com/wrecking.html

/DKD

 

[mariner]

CD,

I guess that article by Peter Hess was written before the SeaHunt case (2000), which interpreted the 1902 Treaty between Spain and the US, and the passing of last year's US Act on warship wrecks. As such, some of the views expressed are no longer relevant. You might as well look at maritime law practice in the 16th century if you are going to ignore recent legislation and judgements, even if you agree with a lot of the sentiments expressed in the Hess article. It is no good hiding your head in the sand. You have to find a way of working with the present laws, as people like Odyssey have done, or choose to ignore them, and take the consequences if you are caught.

Mariner

 

[CaribbeanDiver]

Maybe I am taking what you wrote wrong, but it seems a little aggressive towards me and indicates I would "hide my head in the sand" or "...accept consequences..." I only say this because your posting is directly addressed to me, otherwise I would just consider it an intelligent response to a posting.

Just for the record; I obey laws, period.

Rich

 

[cryptodave]

I thought that if it was a US Navy... well, anything that once belonged to the navy (boat, ship, plane) still belongs to the USN, period. I'm probably wrong about that, but I was sure they didn't allow salvage of their toys, no matter when what why or where.

 

[mariner]

CD,

My apologies. When I re-read my posting it does sound a bit aggressive and personal, and it was not meant to be so. The reference to hiding your head in the sand was meant to be a general statement that none of us should ignore the way things are just because that is inconvenient.

Again, my apologies for the way it came across. I have read many of your postings and respect the depth of your experience and many of the views that you have expressed.

Mariner

 

[CaribbeanDiver]

I hoped that I may have been wrong, and glad that I was. It is definitely a problem that can occur with email/postings. Like I said, I thought your response was intelligent, if not inappropriately aimed at me!

Thanks for replying.



Rich