old man
Bronze Member
According to this Court Brief filed in Key West recently. It appears that Steve Elschlepp and an ex Fisher diver illegally removed artifacts from the Woman Key permitted site. Come guys, let's not get caught doing things that the Florida Marine Sanctuary or other Government Agencies are going to investigate us for. It gives all Treasure Divers a Bad Name.
13. Exhibit A to Bruce Silverstein’s affidavit [Doc. 142-23] is Dean Barr’s July 13, 2010,
letter in which he says that Miscovich showed he and Jeffrey Post seven artifacts from Ken
Rose’ concession. Under the Agreement for Exploration and Recovery in Arrest Site [Doc. 142-
36] between J&S Keys and the Kirby Group prepared by Silverstein, J&S (Jay Miscovich &
Steve Elschlepp) agreed to adhere to the applicable federal regulations8 affecting the Kirby
7 The coordinates of the JTR verified complaint place the “find” some 2 miles beyond the
12-mile territorial sea and outside the FKNMS boundary. From the dealings of J&S Keys, LLC,
on the Rose/Kirby Group Woman Key area, they knew of the onerous reporting and recovery
requirements of NOAA in the Sanctuary.
8 See, e.g., 15 C.F.R. § 922.163(a)(9), 922.166(b)
Case 4:11-cv-10074-JLK Document 154 Entered on FLSD Docket 10/29/2012 Page 8 of 11
permit site which make the unauthorized removal of historical objects from Florida Keys
National Marine Sanctuary a federal crime. Motivation has learned that Rose terminated these
agreements because of their failure to comply with, inter alia, the Sanctuary permits. One could
reasonably infer that Miscovich did not want witnesses to what he and his diver friends were
removing, e. g. ancient pottery shards and other relics, and never reported the finds to the
Sanctuary or to Rose.
13. Exhibit A to Bruce Silverstein’s affidavit [Doc. 142-23] is Dean Barr’s July 13, 2010,
letter in which he says that Miscovich showed he and Jeffrey Post seven artifacts from Ken
Rose’ concession. Under the Agreement for Exploration and Recovery in Arrest Site [Doc. 142-
36] between J&S Keys and the Kirby Group prepared by Silverstein, J&S (Jay Miscovich &
Steve Elschlepp) agreed to adhere to the applicable federal regulations8 affecting the Kirby
7 The coordinates of the JTR verified complaint place the “find” some 2 miles beyond the
12-mile territorial sea and outside the FKNMS boundary. From the dealings of J&S Keys, LLC,
on the Rose/Kirby Group Woman Key area, they knew of the onerous reporting and recovery
requirements of NOAA in the Sanctuary.
8 See, e.g., 15 C.F.R. § 922.163(a)(9), 922.166(b)
Case 4:11-cv-10074-JLK Document 154 Entered on FLSD Docket 10/29/2012 Page 8 of 11
permit site which make the unauthorized removal of historical objects from Florida Keys
National Marine Sanctuary a federal crime. Motivation has learned that Rose terminated these
agreements because of their failure to comply with, inter alia, the Sanctuary permits. One could
reasonably infer that Miscovich did not want witnesses to what he and his diver friends were
removing, e. g. ancient pottery shards and other relics, and never reported the finds to the
Sanctuary or to Rose.
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