Removing items from the USS Oriskany (interesting dilemma)

Please register or login

Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.

Benefits of registering include

  • Ability to post and comment on topics and discussions.
  • A Free photo gallery to share your dive photos with the world.
  • You can make this box go away

Joining is quick and easy. Log in or Register now!

H2Andy:
mike, can you link to the page that states removing stuff from the Oriskany is against the law? (just curious)

basically, as stated by others, right there is the end of the issue for me



Here's the URL that stated it.

http://myfwc.com/marine/ar/OriskanyReefDive.htm


It's from the Florida Fish and Wildlife Conservation and is a page on diving the Oriskany. Towwards the bottom is this paragraph

Due to the complex nature of the ship’s interior and the unknown extent of structural damages caused by the reefing process, the FWC recommends that divers should not enter the ship under any circumstances. Divers should not remove any items from the ship (it is against the law). All recyclable materials of value have been previously removed. There is nothing inside the ship worth dying for! Be safe
 
While I don't condone what this diver did, that dept of wildlife quote was pretty vague. They can not simply state "it's against the law". They should cite the statute that the offender would be prosecuted under.

FD
 
Seems kinda stupid to remove something from an artificial reef, if you ask me. Especially one so new...
"Look at me, they sank it a few weeks and and I just pulled something right back up!"

:rolleyes:
 
fire_diver:
While I don't condone what this diver did, that dept of wildlife quote was pretty vague. They can not simply state "it's against the law". They should cite the statute that the offender would be prosecuted under.

FD


You're right... they should cite the reference of the law.

However, it's also another arugument on whether they can legally enforce it since it's 20+ miles off the coast of Florida. In my opinion, that's out of the states 'long arm of the law'. (I'll check with kchFLA on that as she's more of an expert on it than I'll ever be..)


Anyway, Florida does have laws against taking items from sunken ships.


Section 267.13 (2)(a) & (d) of the Florida Fish and Wildlife Code Manual
http://myfwc.com/codebook/2005/pdf/Title_XVIII-PublicLandsProp.pdf

(2)(a) The division may institute an administrative proceeding to impose an administrative fine of not more than $500 a day on any person or business organization that, without written permission of the division, explorers for, salvages, or excavates treausre trove, artifacts, sunk or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled lands.

(d) The division may apply to a court of competent jurisdiction for injunctive relife against any person or business organization that explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled land, including sovereignty sumberged land, withouth the written permission of the division.


I'm sure there are more laws than this... but this is what I found so far.
 
Capt. Tim and Britany of Viking diving out of Pensacola

Perhaps these people should get a call from Florida Fish and Wildlife Conservation about the law?:shakehead
 
EDIT - I just noticed it's beyond FL territorial waters. Have to check Fed regs.

Could it be this:

Florida Historical Resources Act
Florida's antiquities law (Chapter 267, Florida Statutes), and administrative rules (Chapters 1A-31 and 1A-32) govern the use of publicly-owned archaeological and historical resources located on state property, both on land and in the water. Administered by the Florida Division of Historical resources, the law establishes programs and policies to encourage preservation of historic resources for the public benefit. State-owned underwater resources are those that are located on the bottom of navigable rivers, streams, lakes, bays, and offshore (in the Gulf of Mexico out to 10 miles, and in the Atlantic out to 3 miles).

Major goals of Florida's historic preservation program are to identify, register, protect, and preserve significant historical resources which belong to the public. Divers are encouraged to participate in the identification, recording, and reporting of underwater sites in order to preserve them. However, disturbing or digging of publicly-owned sites is illegal unless permission is obtained in advance from the Division of Historical Resources. Recovery of isolated finds and happenstance discoveries by divers is permissible, but intentional excavation of underwater sites without written authorization is considered a third-degree felony. Its best to record and report what you find, and seek help to proceed with further investigation.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0267/SEC13.HTM

267.13 Prohibited practices; penalties.--

(1)(a) Any person who by means other than excavation either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and, in addition, shall forfeit to the state all specimens, objects, and materials collected, together with all photographs and records relating to such material.

(b) Any person who by means of excavation either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is subject to forfeiture to the state if it is determined by any court of law that the vehicle or equipment was involved in the violation. Such person shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material. The court may also order the defendant to make restitution to the state for the archaeological or commercial value and cost of restoration and repair as defined in subsection (4).

(c) Any person who offers for sale or exchange any object with knowledge that it has previously been collected or excavated in violation of any of the terms of ss. 267.11-267.14, or who procures, counsels, solicits, or employs any other person to violate any prohibition contained in ss. 267.11-267.14 or to sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource excavated or removed from any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except with the express consent of the division, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is subject to forfeiture to the state if it is determined by any court of law that such vehicle or equipment was involved in the violation. All specimens, objects, and material collected or excavated, together with all photographs and records relating to such material, shall be forfeited to the state. The court may also order the defendant to make restitution to the state for the archaeological or commercial value and cost of restoration and repair as defined in subsection (4).

(2)(a) The division may institute an administrative proceeding to impose an administrative fine of not more than $500 a day on any person or business organization that, without written permission of the division, explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled lands, including state sovereignty submerged lands.
 
lowwall:
EDIT - I just noticed it's beyond FL territorial waters. Have to check Fed regs.


I agree that it's beyond that, but they seem to believe it's within their jurisdiction.

Florida FWC and other agencies were even involved in the permitting process. So for some reason they seem to have counted that as part of the state of Florida.
 
Even setting aside the legalities for now, what those morons did was bad dive etiquette, and the only thing more stupid than taking those items was writing about it on a public forum.
From the information provided it shouldn't be too hard to figure out what charter was encouraging this nonsense.
 
https://www.shearwater.com/products/peregrine/

Back
Top Bottom