Legal issues?

[LStewart]

Hi folks!

I was posed a question I couldn't answer. Is it legal to take an artifact when diving? I would guess there are places you can and places you can't. Any good resources/knowledge on the matter?

Thanks!

Larry

 

[Jared0425]

In the States of Alabama, Texas, and Georgia it is now illegal to take artifacts anywhere underwater. Most states "try" to prohibit the taking of artifacts off of shipwrecks, but rivers have seem to have been the exception. If you find an artifact that has great value, keep your mouth shut about it and have fun. It will only be a matter a time before the archeologist nazis try and take your rights away while diving. There are several laws you may look at such as the archeology laws passed in 1906,1936, and the 1960s. Also the abandoned shipwrecks act of 1986.

 

[Marie13]

It illegal to take artifacts from wrecks in Michigan, Indiana, Illinois, per state law. I forget where federal law comes in.

Why take something for your private hoard? Better to leave it for other divers to enjoy.

 

[Rhone Man]

Generally speaking, the law relating to retrieval of artifacts is a fantastic mish-mash of property rights (of the original owner), salvage rights (of the diver). This is further complicated by specific statutory restrictions which might be imposed (like those above), laws relating to abandonment (in the jurisdictions which have them) and limitation periods. Lastly, in case it wasn't messy enough - different jurisdictions apply maritime claims on different bases - so if a Spanish galleon sinks in Florida waters, the Spanish might claim their jurisdiction and laws should apply by the flag of the vessel, but US might argue that Florida state and US Federal laws apply because it is within their sovereign waters.*

In short, can get pretty damn messy. Even for lawyers.


* Totally made up example - I have no idea what the laws of those places have to say on the subject.

 

[Jared0425]

That's been a highly contentious debate. I refer you to cases of Zych V Illinois, Ehorn V Michigan, Ehorn V Wisconsin, Gilbert V Michigan. All of those cases shown that the state had overstepped it's boundaries and the wrecks in fact could be salvaged. The schooner Bently in Lake Huron is now privately owned even though it lies within a "preserve" and everything has been taken off of it and restored.

It's up to the diver if they want to leave an artifact on the bottom. They will decay and disappear at some point, compared to someone whom wants to restore it. Quite frankly I spend thousands a year locating lost shipwrecks for the joy of being part of their history. Many are far too deep for recreational diving and we don't give the location out to anyone so they just sit there and decay. I don't bring up artifacts due to the fact that it would causes infighting and jealousy plus getting into a legal battle with the state over a piece of junk.

 

[LStewart]

Holy crap! I never knew it was so complicated. Thanks all!

 

[LStewart]

Just for the record, I had found an Arrowhead in a natural Springs on my checkout dive. I don't plan on starting any huge issues with salvaging ships or anything nor do I plan on keeping everything of value I find. I just wasn't aware (new diver) it could be a big deal.
Thanks again!

 

[Jared0425]

Your fine, no big deal on small value artifacts. Things like civil war firearms or ship parts are where this can turn into a big deal. Enjoy your dives and be a part of history.

 

[CT-Rich]

An artifact that survived, well preserved on the bottom may well disintegrate in air. A musket that was pulled out of silt may look great when you find it, but the wood stock will fall to nothing as soon as it dries out. And likewise iron will decay in a few years if not preserved.

Use good judgement, what you pull off a wreck might look cool on the mantel, but others may any enjoy the discovery and your kids will likely just look at as another piece of junk dad found twenty years ago.

 

[Rhone Man]

If you read any of Gary Gentile's old books on wreck diving, he writes some very good accounts about how fiendishly difficult it can be to preserve artifacts from wrecks.