ADMRALITY CLAIMS BUT IN STATE WATERS WITH FBAR JUSIDICTION?

[buccaneer1961]

is this possible? if so,how? what are the laws concerning the following possible situation:
lets say I want a recovery permit off any givin site that I claim holds a wreck anthough I haven't proven it,i want a recovery permit,the area is in state controlled waters where fbar is the go to people.....
is there a way around it,if I got an admrality claim for that area FIRST... then can I go get a recovery permit from fbar or is it included in the admrality claim? im just asking ,its a can o' worms but just wanting to know the rights/responsibilities

 

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[Salvor6]

The state admiralty law claims are 3 miles in the Atlantic and 9 miles in the Gulf of Florida. The state of Florida will claim any wreck in these waters (FBAR Jurisdiction) according to the ABA (abandoned shipwreck act of 1987) UNLESS a soverign nation (like Spain) claims owernership. Then, if you can get a permit from Spain (which I doubt) you can excavate the wreck. Your best situation is to get whatever you can off the wreck site and claim it as treasure trove or keep your mouth shut. Otherwise it will be lost forever.

 

[Urban Legend]

Unfortunately Salvor6 is absolutely correct..
It's much easier to apologize than to ask permission .
Keep a low profile and don't post your finds .. anywhere...and you'll probably fly under the radar.

 

[capt dom]

Unfortunately Salvor6 is absolutely correct..
It's much easier to apologize than to ask permission .
Keep a low profile and don't post your finds .. anywhere...and you'll probably fly under the radar.

The "law" is designed to be interpreted by lawyers for the benefit of guess who... the lawyers...! At $200. to $450+ an hour, they love to have magistrates and judges ponder jurisdictional interests for as long as possible - so they, on both sides can create job security for themselves... Our Jupiter Wreck is a perfect case-in-point: Current State attorneys are attempting to use short memories and our good will, in attempting to work with them to beat us over the head! And the Federal Judge - who is like Ponticous Pilot who was just attempting to wash his hands, has passed the issue of who actually has jurisdiction off to a magistrate... The case law is clear to us but a "cloud" to them.... "Oh this case is closed because you settled it!, in 1990" "Yes, we did settle it but the settlement was based upon the Federal Court, establishing and maintaining jurisdiction... 25 years later, blah, blah, blah.. The rats are guarding the cheese and we are dinosaurs - just hanging in there to feed the legal system.

 

[Darren in NC]

Stop looking in Florida waters. It's a dead end. There are plenty of places to look beyond the 3 miles just off the treasure coast. Someone just needs to be the pioneer for that area. It will require a little more money and longer trips, but the payoff in bypassing Florida bureaucracy and keeping your treasure will be worth it.

 

[buccaneer1961]

The state admiralty law claims are 3 miles in the Atlantic and 9 miles in the Gulf of Florida. The state of Florida will claim any wreck in these waters (FBAR Jurisdiction) according to the ABA (abandoned shipwreck act of 1987) UNLESS a soverign nation (like Spain) claims owernership. Then, if you can get a permit from Spain (which I doubt) you can excavate the wreck. Your best situation is to get whatever you can off the wreck site and claim it as treasure trove or keep your mouth shut. Otherwise it will be lost forever.

its juno beach area...also is that area known for having wrecks or treasure?

 

[Urban Legend]

its juno beach area...also is that area known for having wrecks or treasure?

Hmmm....a simple search for Juno Beach on this site should provide you with the answers to most of your questions.. interestingly enough ... you've posted in or started many of those threads....and I'm sure that you're aware of the recent history and finds off Juno Beach....

 

[diverlynn]

I would love to be involved in a search and recovery off of Canaveral, right out my back door. I spent quite a lot of time maging just outside the security zone but never found anything but debris. And a rocket, that was a shock to say the least. Lol
DL

 

[Darren in NC]

“[FONT=Tahoma, sans-serif]In1970 I found new documentation on one of the major shipwrecks of the1715 fleet and discovered that the main section of the wreck lay [/FONT][FONT=Verdana, sans-serif]3miles offshore[/FONT][FONT=Tahoma, sans-serif].I convinced Mel Fisher to join me getting a team together to go afterthis wreck. Fisher had been working the previous two seasons close toshore where a section of the wreck had been thrown during thehurricane. Since the main section of the ship contained a fortune, weset off to locate it.”[/FONT][FONT=Tahoma, sans-serif]

FromMarx, Sunken Treasure: Where to Find it, 1990: pg. 217

Marx, Fisher and Tommy Gore found an anchor in the area they were looking for. When they returned the following spring, they magged the whole area, but could find it. Construction onshore altered their shore markers, and they later found out that one of the divers who had gone on the original trip went back and retrieved the anchor for himself. They tried looking for the wreck via airplane, but found no discernible wreck debris or rock pile. They gave up and moved on to other projects.

So somewhere off Corrigan - and beyond FBAR's jurisdiction - lies the remains of a wreck with a worthwhile target. It is believed to be a hoard of emeralds, long before Jay Miscovich's fake hoard of a few years ago. I had hoped to go search for this wreck a later date, but will likely never search for it personally. Have fun if you dare.[/FONT]

 

[Au_Dreamers]

is this possible? if so,how? what are the laws concerning the following possible situation:
lets say I want a recovery permit off any givin site that I claim holds a wreck anthough I haven't proven it,i want a recovery permit,the area is in state controlled waters where fbar is the go to people.....
is there a way around it,if I got an admrality claim for that area FIRST... then can I go get a recovery permit from fbar or is it included in the admrality claim? im just asking ,its a can o' worms but just wanting to know the rights/responsibilities

A BIG FAT NO! That's not how it works.

The abandoned shipwreck act replaced admiralty claims within State's territorial waters.

The current situation in Florida is apply for a "search permit" do your survey and then if applicable apply for a "recovery permit".

Both permits are issued at the discretion of the State.

 

[Mackaydon]

Why hunt in Florida waters when you can do so in California waters-- looking for Manila galleons!! Here you only need to get approval from (depending on where you wish to hunt) the National Marine Sanctuary, the California State Lands Commission, the National Park Service and at least two dozen other state agencies who are invited by the State to have their voices heard in whether or not you will get your permit. Oh, yes, I almost forgot the 'tree huggers' and 'wannabee' archaeologists who will also appear at each meeting to express their disdain for your request; Piece of cake !!
Don......