MDing off the beaches of melbourne

[jukes23]

MD'ing off the beaches of melbourne

Hi guys,
I posted a question in the beach and shallow water forum. My question is it legal to MD in the water off of central brevard county (Melbourne beach, Indialantic, etc). I know there are areas off limits in the southern part of the county, but I want to make sure that I dont get the long arm of the law reaching in to give me a deep body cavity search of MD'ing in the water.

Thanks in Advance!

Joe

 

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[hobbit]

I am pretty sure that "technically" it is illegal to detect in the water in that area. I believe it is covered by an "exploration lease", but not a salvage lease . As a practical matter, you will almost assuredly not be bothered if you do. I have done it many times in my visits to the Treasure Coast and have never been bothered. I never go south of Melbourne Beach, though. I can also tell you this: cobs and other shipwreck items have been found in that area. For sure.

 

[jukes23]

So they can put an exploratory lease on hundreds of square miles? man, all I want to do is MD the first 20-30 feet off the beach...mostly in the gully that forms right before the shore. Does anybody have clarification on the specifics of MD'ing on an exploratory lease site? I know there are are boundaries of going in the water with an MD of an active salvage lease (3000 yards in a radius up to the shore line I believe).

Who do you even contact to get details on the laws of this stuff.

 

[GOHO]

You can wade in to about waist deep and never have a problem.


The lease in that area does not go to the beach.

 

[ArmyDiver]

Juke, I live here and MD in the water constantly with no issues... and I AM the long arm of the law. Don't worry, no cavity searches.

 

[Silvestri]

There's a wreck or three around there in Melbourne...that is obvious... somewhere right off the beach in the shallows originally is where the ship's broke up.....then alot of loot right on shore by the time the waves really broke the ship(s) up...and the cannon were quickly grabbed up to be re-smelted when the Spaniards or whoever got there first....so...it's just small diameter finds...but the "hoard" is scattered and buried under tons of sand....and the loose stuff washes up quasi-regularly...intermittently....that seems to be the only explanation...
There are many areas like this around the world...where same thing happens when a ship founders in shallows...
Big quantities of iron like cannon from wrecks were very sought after...as much as precious metals...and in the form of cannon...way easier to locate initially...and remove from the area quickly with slave Indian labor,etc...This site was a days ship travel or less from Augustine..word travels fast....(They) would quickly get the low-hangin fruit which is tons of iron cannon easily recovered... relatively...the chests would have scattered when the ship(s) began to break apart...and the contents of them has been being gathered up ever since...Ballast stones? They were easy to gather too..and of value as Florida don't have good river rock the size of watermelons laying around...so not much to identify exact location of each ship ...but lots of small finds...Anyways...just some thoughts...

 

[jukes23]

I knew of the wrecks south of Melbourne, but none around it. Then again, there are probably hundreds out there

 

[PhipsFolly]

ArmyDiver... if you're a law enforcement officer, then you should be aware that disturbing the ocean bottom and removing items of a historical nature is a Third Degree Felony in the state of Florida if you do not have a permit from FL DHR... you may want to reconsider your posting.

 

[scubatreasure]

ArmyDiver... if you're a law enforcement officer, then you should be aware that disturbing the ocean bottom and removing items of a historical nature is a Third Degree Felony in the state of Florida if you do not have a permit from FL DHR... you may want to reconsider your posting.

DISTURBING THE OCEAN BOTTOM! Its this mentality that makes it difficult for the average American to enjoy his LIFE LIBERTY AND THE PERSUIT OF HAPPYNESS! Now I can appreciate your...lets say concern...for the comments made by ArmyDiver, however, I have detected several locations that were ILLEGAL to hunt with the permission of the local ruling fraction, and I'm glad to say at least there still are some people out there that realize how rediculous the current laws are, and were willing to let me have my way with the ocean's bottom.

And please don't misunderstand me, if in fact any find I made lead to the discovery of...lets say...the Queens Jewels...I would have proudly made an announcement, disclosing my find for all the world to see.

In most cases its just regular folks who have a dream of finding something, anything, so they can say look...look what I found on the beach in Florida...and keep it on their shelf for all their friends to see, and if the Spanish were careless and reckless enough to litter our coast with gold and silver than by God we should be able to go out and clean this stuff up and they should be GLAD that we don't send them a BILL for our expenses!

 

[tarpon192]

The state should step in ( or better yet - congress) and hold the lease holder responsible for posting state approved signs at all beach access' so the ordinary american who has freedom and many rights does not end up in jail over metal detecting. If thier is no lease within 3000 yards from the center of the wreck toward the shore, then the state should be responsible for posting signs that tell about disturbing the ocean floor (with out raising taxes of course). If you go to a public park - say in indian river county, signs are posted with park rules. Nowhere on those signs does it say no metal detecting in the water. They state no scuba diving, but one does not have to scuba dive to detect in the water. One must know the laws - but not all laws are posted on signs at county beaches. If the current lease holder was responsible for posting, and installing signs stating it is a leased area for 3000 yards 180 degrees from the shore it would inform everyone.
Melbourne Beach has no laws about detecting city parks, and it is not posted on any signs in the parks. The city of Plam Bay has signs posted at all their parks - " no golfing - no metal detecting".
"TO PROTECT AND SERVE" is the police motto - well, none of them are protecting me, or anyone else about extra laws that are in place and not posted on county signs.
Lots of people here in florida are tourist, and may end up in jail while having a day of fun with the family over metal detecting. The leases are federal - which makes a day out of having fun on a public beach to a wtf night in jail.
ALL OVER A METAL DETECTOR

Not one response has been "ACCURATE" - LIKE ONE OF THE BEST FISHING REELS ON THE MARKET.

 

[hobbit]

This is a copy and paste from the Florida Public Archaeology Network:

"As for metal detecting in the water, all lands that are below the mean high water line are considered state sovereignty submerged lands and, while it is not against the law to possess a metal detector in the water, it IS against the law to disturb the bottom sediments. So, if something is detected, it would be illegal to dig for it."

Translation: it is illegal to dig a hole on the beach below the high tide line. The next time you hit the beach and see those toddlers with their plastic shovels and buckets disturbing the "bottom sediments", I implore you to make a citizens arrest.

 

[Chagy]

This is a copy and paste from the Florida Public Archaeology Network:

"As for metal detecting in the water, all lands that are below the mean high water line are considered state sovereignty submerged lands and, while it is not against the law to possess a metal detector in the water, it IS against the law to disturb the bottom sediments. So, if something is detected, it would be illegal to dig for it."

Translation: it is illegal to dig a hole on the beach below the high tide line. The next time you hit the beach and see those toddlers with their plastic shovels and buckets disturbing the "bottom sediments", I implore you to make a citizens arrest.

LOL...........

 

[PhipsFolly]

Guys, i'm not saying I agree with this particular STATE law, but was merely expressing to ArmyDiver that it might not be a good idea for a person who is "the long arm of the law" to be encouraging people on an open forum to do something that would be breaking the law! Personally, I think that this country has been going in the wrong direction in many respects and I am not disputing that this steps on our freedoms as have many other rulings.