Gulf of Mexico shipwreck

mariner

Hero Member
Apr 4, 2005
877
18
keywestdiver:

You may have escaped the clutches of the State of Florida, which is probably a good thing, but US waters extend 24 nm as far as shipwrecks are concerned, so you will have to apply to a US Federal Court for permission to salvage the wreck. There could be complications, particularly if the wreck is that of a Spanish vessel. Can you tell the age of the wreck, or its nationality, from the artifacts? You will have to provde evidence of the wreck as part of your claim. Good luck with the project. This could be an important wreck and I urge you to play it by the book, so its history can be made available to the general public.

Mariner


ps: John (Aquanut):

I have not checked TNet lately as I am working in a remote part of Northern Canada, with intermittent Internet access. Are you OK? Why are you posting via C. Numb?
 

aquanut

Bronze Member
Jul 12, 2005
2,162
1,578
Sebastian, Florida
Detector(s) used
Fisher CZ21, Tesoro Tiger Shark
Mariner,
Everythings O.K. I was treasure hunting with CN this weekend and posted from his computer. I was just happy someone found something outside state waters!
Aquanut
 

shpwrk1

Tenderfoot
Dec 12, 2006
6
0
Just to be clear, in the Florida Keys the FKNMS and the State of Florida have signed a Programmatic Agreement regarding the management of the waters surrounding the Keys, On the Atlantic side of the keys and the imaginary line running out to the Dry tortugas the FKNMS controls out to 300fsw. on the Gulf side it is 9 miles. So I suggest that before you bring anything off of this site that you fact check very carefully who controls what at that location. Any diagnostic material on the site, glassware, pottery or the like?
Jim
 

mariner

Hero Member
Apr 4, 2005
877
18
Jim,

As this wreck is said to be about 20 miles (nautical?) off the coast, isn't the only the Federal US Government that has jurisdiction?

Mariner
 

mariner

Hero Member
Apr 4, 2005
877
18
keywestdiver,

You couldn't get a better guide through the turbulent waters of wreck litigation and exploration than Mr. Humphreys.

Mariner
 

jeff k

Bronze Member
Mar 4, 2006
1,264
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Florida
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The contiguous zone does not apply to shipwrecks. Anybody that thinks otherwise should contact an admiralty expert. I did.

The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea". This will typically be 12 nautical miles (22 km; 14 mi) wide, but could be more (if a state has chosen to claim a territorial sea of less than 12 nautical miles), or less, if it would otherwise overlap another state's contiguous zone. However, unlike the territorial sea there is no standard rule for resolving such conflicts, and the states in question must negotiate their own compromise. The United States invoked a contiguous zone on 24 September 1999.
 

mariner

Hero Member
Apr 4, 2005
877
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Jeff,

Once again you are wrong. Read the preamble to the Presidential Declaration. It specifically refers to protecting the USA's cultural heritage.

Mariner
 

jeff k

Bronze Member
Mar 4, 2006
1,264
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Florida
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mariner said:
Jeff,

Once again you are wrong. Read the preamble to the Presidential Declaration. It specifically refers to protecting the USA's cultural heritage.

Mariner

"Moreover, this extension is an important step in preventing the removal of cultural heritage found within 24 nautical miles of the baseline." An important step? What does that mean? Sounds ambiguous to me, and not law.

In 1999, President Clinton issued Proclamation 7219 recognizing the contiguous zone, a maritime area extending 24 nautical miles from the coastal low water line. This second maritime zone of federal authority contiguous to the territorial zone allows the federal government to “exercise the control necessary to prevent infringement of its customs, financial, immigration, or sanitary laws. In this area, the United States has limited criminal enforcement authority compared to the more expansive territorial waters. There is no reference within the Proclamation to authority to issue excavation permits in this zone; however it does state that “this extension is an important step in preventing the removal of cultural heritage found within 24[nm] of the baseline [coastal low water mark].” As of April 2009, there has been no litigation challenging the United States authority under the Proclamation.97

97 Id; A search of Westlaw and Lexis databases on May 6, 2009 for the Contiguous Zone of U.S. Proclamation did not provide any information on subsequent challenges to the Proclamation.

https://lawlib.wlu.edu/lexopus/works/452-1.pdf
 

jeff k

Bronze Member
Mar 4, 2006
1,264
17
Florida
Primary Interest:
All Treasure Hunting
And my admiralty expert says, "Note it says "important step." UNCLOS provides for limited jurisdiction within the contiguous zone - that does not include jurisdiction over wrecks and other "cultural heritage." It is UNESCO CPUCH which authorizes nations to establish laws protecting cultural heritage within the contiguous zone."
 

Curtis

Hero Member
Sep 3, 2008
899
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Cincinnati
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Dive it, get the gold, don't tell anyone...someday the gobernment and the idiots that rob graves called archaeologists will finally realize what could be done to truly preserve "the cultural heritage" if they worked with T-hunters instead of frustrating them...the would be surprised how good of partners T-hunters would make...their loss! Those grave robbers would rather you had to give up the gold, put it into their "banks" called museums...and let people look at it for a few months, replace the exhibit and put the gold back in the storage area--where is usually gets stolen--oops misplaced or gets lost off of the inventory list...and deposited into their Friends or families accounts! The joke is on us for not getting together andusing our votes to cure this ill.


Curtis
 

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