Legal Question dealing with Florida Marine Sanctuary

[old man]

Is it legal to use a metal detector on Marquesa Key in the Florida Marine Sanctuary ? If so, is it legal to remove a 1622 Spanish Coin from that location without a permit ? Is there a statue of limitations for this action if it is not legal.

Also would it be legal to use a metal detector on Woman Key. If it's not legal, does anyone know the penalty? Lastly, if these actions are not legal, would it have any bearing with the Florida Marine Sanctuary or any Federal Agency if you someone engaged in these activities and then went to work with an emerald find that is tied up in Federal Court over ownership??

The reason I ask is that I remember something a long time back where some people were arrested or in the newspaper for looking for treasure or something on Marquesa Key.

 

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[AUVnav]

Florida Marine Sanctuary rules and regulations

Maritime Heritage Resource Permits

Within the boundaries of Florida Keys National Marine rest an array of submerged cultural resources, such as shipwrecks, structures, or objects associated with early people and cultures. The remains of these ships and their artifacts hold clues to the Keys colorful maritime history, and are protected by NOAA and the State of Florida. NOAA works closely with the State of Florida to manage and protect maritime heritage resources for future generations.

While many areas within the sanctuary that contain cultural resources are open to diving and snorkeling, it is illegal to disturb a site or recover artifacts without a permit.

 

[Dell Winders]

Isn't the Woman's key area grandfathered in under a salvor's Admiralty claim? Dell

 

[FISHEYE]

You dont need a detector to find emeralds.Its like shell hunting.Its legal as long as you dont dig the bottom up.

 

[Salvor6]

Marquesa Key is 30 miles from Key West and outside Florida state waters. You can do whatever you want out there. The Marine Patrol never goes there. You can dig in the sand for emeralds and coins anywhere in Florida as long as you don't use any mechanical means.

 

[Donovan]

Sorry salvor 6 but you are incorrect.
If you look at a nautical chart you will find a line around the Marquesas keys showing that they are inside state waters.
The Florida fish and wildlife officers swing through the area regularly.
The Marquesas, Woman key and all the other islands West of Key West have been a protected National Wildlife Refuge area since 1908. No digging of any kind is allowed because these are turtle nesting areas. Also, no fires, dogs or metal detectors are allowed. No noise above a human voice in normal conversation. There are lots of regs. Some change from time to time as storm or other conditions may dictate.
Donovan

 

[ScubaFinder]

I see where you are going there Ed, it would certainly rise a few eyebrows if someone on Miscovich's team was involved.