Ontario Diver
Guest
advtech:The problem in Ontario and elsewhere is that no one knows (Government and police) what is enforceable and what is not.
You are right Ian. The law is the same whether you are picking a shiny beer can off the wreck or smashing out a porthole (well they can get you two ways on the porthole - but you know what I mean....)
Obviously, the cops aren't going to press charges over the beer can but there isn't a distinct line that they can use so they don't do anything. Not to mention that the cops don't tend to enforce laws that they can't backup in court. You'd practically need a video of the divers removing something from the wreck and carrying it to the surface and then bust them right there. Unless an artifact has a name on it (like a ship's bell) - how is a prosecutor going to prove that "this porthole cover came off of such and such a wreck" All the diver has to say is that it was bought at a yard sale or flea market....
And frankly, I'd rather see the cops busting drunk boaters who are doing figure 8's around dive flags then arresting divers cleaning up river bottoms.
Your points on the Atlantic are well taken as well.