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Doc#1Notice of Proposed Rule
HSSPC SUGGESTED CHANGES
DEPARTMENT OF STATE
Division of Historical Resources
RULE NO: RULE TITLE
1A-31.0012: Purpose
1A-31.0015: Definitions
1A-31.0022: Prior Agreements or Admiralty Arrests
1A-31.0032: Notice Address and Form of Communication
1A-31.0035: Form of Consent, Other Laws
1A-31.0042: Exempted Areas and Sites
1A-31.0045: Excluded Areas and Sites
1A-31.0052: Security
1A-31.0062: Types of Permit
1A-31.0072: Number of Permits Limited to Agency Ability
1A-31.0082: Duration of Permit
1A-31.0092: Permit Area
1A-31.010: Supervision
1A-31.011: Boats to Carry Identification
1A-31.020: Inspection by Permitting Agency
1A-31.025: Assignment and Subcontracting
1A-31.030: Project Archaeologist Qualifications
1A-31.035: Project Archaeologist Responsibilities
1A-31.040: Application Procedures
1A-31.046: Application Review
1A-31.050: Permit Issuance
1A-31.055: Notice of Approval or Denial
1A-31.060: Requirements for All Permits
1A-31.065: Additional Requirements for Exploration Permits
1A-31.-----: Issuance of Recovery Permit
1A-31.070: Additional Requirements for Recovery Permits
1A-31.075: Permit Modification
1A-31.080: Permittee Required to Give Notice of Change
1A-31.085: Permit Suspension and Revocation
1A-31.090: Disposition of Archaeological Materials, Title to Archaeological Materials Conveyed
THE FULL TEXT OF THE PROPOSED RULE IS:
PROCEDURES FOR CONDUCTING EXPLORATION AND RECOVERY OF HISTORIC SHIPWRECK SITES
1A-31.0012 Purpose.
It is the public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such materials to qualified persons, businesses, and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology. The division shall issue exploration and recovery permits to qualified commercial salvors. The purpose of this rule is to provide guidance and information to the public regarding the issuance of permits by the division for the exploration and salvage recovery of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands and for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.
Specific Authority 267.031(1) FS. Law Implemented 267.031(5)(i), (k), (o), 267.031(2), 267.061(1), 267.115, 267.14 FS. History– New________.
1A-31.0015 Definitions.
(1) “Applicant” means any corporation, individual, partnership or other legal entity making application to the division for an Exploration Permit or a Recovery Permit
(2) “Application” means a formal written request on the Application for Exploration Permit or the Application for Recovery Permit and all other documentation required by this chapter to be submitted as part of such application
(3) “Archaeological materials” means artifacts and remains of historic shipwreck sites including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, and personal items of crew and passengers, and treasure trove.
(4) “Permittee” means an applicant that has been issued an Exploration Permit or a Recovery Permit in accordance with this chapter.
( ) “Archaeological Data Recorder” means person or persons certified by the project archaeologist to collect and record on site archaeological data in the absence of the project archaeologist on site.
( ) “Archaeological Guidelines” means the minimum archaeological methods and standards to be used by the permittee in the exploration, excavation and recovery of a historic shipwreck, incorporated by reference.
( ) “Primary Archaeological Deposits” means a shipwreck artifact assemblage characterized by in situ ballast, hull structure and overlying bottom deposits, or a combination thereof, which defines the original location and orientation of a shipwreck’s material remains.
(5) “Division” means the Division of Historical Resources of the Department of State.
(6) “Historic Shipwreck Site” means the remains of a sunken or abandoned ship or other watercraft on or below the seabed including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, personal items of crew and passengers, and treasure trove, which is generally at least fifty years old
(7) “Historical Resource” means a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old and of historical, architectural, or archaeological value
(8) “Exploration Permit” means the form of permission issued in accordance with this chapter to search for historic shipwreck sites on state-owned sovereignty submerged lands
(9) “Recovery Permit” means the form of permission issued in accordance with this chapter to excavate and recover archaeological materials from a historic shipwreck site on state-owned sovereignty submerged lands.
( ) “Transfer of Objects” means the procedures to be used by the division to administer the transfer of objects recovered by commercial salvors under permit and the rights and title thereto.
( ) “Secondary Archaeological Remains” means scattered artifacts derived from the initial break-up of a vessel and the continued progressive break-up and scatter of a vessel, under prevailing local hydrological conditions, determined by oceanographic variables such as wind, waves and current, within a short time following the sinking of a vessel.
( ) “Singular Historical or Archaeological Significance” means a shipwreck which possesses extraordinary and unique archaeological, historical or cultural significance not generally represented by other shipwrecks of a similar nature and period.
( ) “Tertiary Artifact Remains” means artifacts transported and/or scattered from their original position on the sea floor over extended periods of time through continual re-deposition within regular erosion, sedimentation and hydraulically driven cycles characteristic of shallow water off-shore coastal sites.
(10) “Project Archaeologist” means the professional underwater archaeologist who meets both the Secretary of Interior’s minimum Standards for Professional Qualifications and the specific standards set forth in Rule 1A-31.030, F.A.C., or possesses equivalent training and experience.
(11)“Sovereignty submerged lands” means those lands including but not limited to tidal flats, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, under navigable fresh and salt waters to which the State of Florida acquired title on March 3, 1845 by virtue of statehood, and which have not been heretofore conveyed or alienated.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New 4-13-87, Amended________.
1A-31.0022 Prior Agreements or Admiralty Arrests.
Any existing agreements or contracts concerning shipwreck exploration or salvage, or current admiralty arrests, in effect as of the date of enactment of this rule are unaffected by this rule for their stated term and for as long as they shall be renewed by the division, which renewal shall not be unreasonably withheld or are recognized by the federal admiralty court. Once such existing agreements, or contracts or admiralty arrests expire, are not renewed or are terminated, this rule shall apply for any future permits.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.0032 Notice Address and Form of Communication.
All communication to the division regarding applications, forms, information, permits and all reports required under the terms of a permit shall be submitted in written form to the division at:
Florida Division of Historical Resources
Bureau of Archaeological Research
1001 de Soto Park Drive
Tallahassee, FL 32301
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New________.
1A-31.0035 Form of Consent, Other Laws
Within 30 days of the receipt of an application, the division shall, in writing, notify the Department of Environmental Protection and the applicant that a form of consent may be required from the Board of Trustees of the Internal Improvement Trust Fund to conduct the exploration or recovery activities. No exploration or recovery activities for archaeological materials may commence until the applicant has received necessary consent from the Board of Trustees of the Internal Improvement Trust Fund and any other permits that may be required by local, state or federal laws.
Specific Authority 267.031(1) FS. Law Implemented 253.77, 267.031(2), 267.031(5)(i), 267.061(1) FS. History–New 4-13-87, Amended.
1A-31.0042 Exempted Areas and Sites.
(1) Diving on historic shipwreck sites in Florida waters does not require a permit.( ) Non-invasive exploration in Florida waters shall not require a permit.
(2) This chapter does not apply to:
(a) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference;
(b) Any vessel for which a federal admiralty court has awarded title as against the State of Florida prior to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987 (herein incorporated by reference), while such title remains valid; or
(c) Vessels owned or operated by a government on military non-commercial service when they sank, which are entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military vessels, and as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections 1401-1408, Oct. 28, 2004, 118 Stat. 2094), herein incorporated by reference.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New________.
1A-31.0045 Excluded Areas and Sites.
(1) As of the date of this rule, the following categories of state-owned sovereignty submerged lands are not eligible for permits under this chapter:
(a) Inland fresh and brackish waters;
(b)Areas of federal jurisdiction including but not limited to areas of the National Park System, National Marine Sanctuaries, National Wildlife Refuges, National Estuarine Research Reserves and US Military Reservations; except and excluding those areas wherein the state has not specifically relinquished its rights, interests and title to historic shipwrecks which may be located on state owned sovereignty submerged lands;
( ) Areas of the Florida Keys National Marine Sanctuary which shall be governed solely by the terms and conditions of the Programmatic Agreement and the Florida Keys National Marine Sanctuary Submerged Cultural Resource Management Plan.
(c) Areas of state jurisdiction including but not limited to such as State Parks, State Aquatic Preserves, Coastal and Aquatic Managed Areas, State Archaeological Landmarks, State Archaeological Landmark Zones, Underwater Archaeological Preserves, Underwater Archaeological Research Reserves; except in those case where it can be demonstrated that the issuance of a permit within these areas would best serve the public interest, and
(d) Areas of submerged lands conveyed to public or private entities on which the state has specifically given up its rights, title and interest to historic shipwrecks located on these lands.
(2) The following categories of shipwrecks are not eligible for permits under this chapter:
(a) Vessels that are or have been under the jurisdiction of a federal admiralty court, except where the applicant provides proof that the federal court’s jurisdiction and any rights it may have awarded are permanently terminated; and
(b) Historic shipwreck sites that are of singular historical or archaeological significance such that permitted activities would be incompatible with the division’s responsibility to administer state-owned and state-controlled historic resources in a spirit of stewardship and trusteeship and to preserve archaeological sites and objects of antiquity for the public benefit. The division shall provide a listing of the specific types of vessels and/or specific vessels which meet the definition of singular historical or archaeological significance, which might be ineligible for permitting.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New________.
1A-31.0052 Security.
(1) The division and the permittee will cooperate to protect secure the permit area to as reasonable a degree as possible, if state-owned historic resources are at risk.
(2) The permittee is responsible for securing all archaeological materials recovered from the permit area by the permittee or its sub contractors.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1)(b), 267.14 FS. History–New________.
1A-31.0062 Types of Permit.
(1) The division may issue two types of permits:
(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in writing at in a later stage to allow limited such disturbance and excavation as may be required, in addition to initial but limited recoveries, for purposes of attempting to determine determining the presence or absence and the nature of potential historic shipwreck sites. The number, location, extent and type of such test excavations, along with any limits of recoveries, shall be specified in the permit modification.
(b) A recovery permit may be issued only after the existence and nature of a historic shipwreck site has been documented by exploration permit activities and mutually agreed upon confirmed by the division and the permittee. A recovery permit allows the permittee to conduct more extensive excavations and recover archaeological materials, and for the transfer of title to the permittee of objects recovered. The number, location, extent and type of such excavation and recovery operations shall be specified in the permit.
(c) The issuance of permits by the division shall not be unreasonably withheld.
(2) The division shall not issue multiple permits for any active permit area or historic shipwreck site that is within an active permit area.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New________.
1A-31.0072 Number of Permits Limited to Agency Ability.
The division shall not issue more permits than it can properly supervise, monitor and administer. The maximum allowable number of concurrent permits shall be determined by the division based on:
(1) Number and types of permits already in effect;
(2) The anticipated termination date of permits already in effect;
(3) The number of applications under review or anticipated to result in permits;
(4) The number of staff assigned to supervise, monitor and administer permits; and
(5) The availability of funds necessary for the division to conduct all office and field activities under this chapter.
(6) In the event the division finds that it cannot issue a permit because of any of the above cited reasons, then the division shall work cooperatively with the permit applicant to explore all possible remedies which might be employed so that the permit might be issued.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.0082 Duration of Permit.
A permit shall have a term of three years.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.0092 Permit Area.
(1) The maximum size of an exploration permit area is three square statute miles.
(2) The maximum size of a recovery permit area is limited to be determined by the size required to encompass the entire archaeological remains from which recovery is permitted. The permit shall also provide for the systematic extension of the permit area as may be required, in order to follow the archaeological remains associated with the site or sites as specified in the recovery permit.
(3) Permit areas shall be separated by a buffer zone of a minimum of 100 yards width from:
(a) Recognized admiralty arrest areas;(b) Established navigation channels;
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.011 Boats to Carry Identification.
(1) In advance of initial exploration or recovery activities or operations, the permittee shall furnish the division with a list of all vessels to be used in the search or recovery operation, including a description and the registration number of each vessel. No vessel shall engage in exploration or recovery operations if it has not been reported to the division. This list may be updated in writing by the permittee as may be required.
(2) All vessels used in exploration or recovery activities or operations shall be marked with identifying exploration or recovery agreement numbers supplied by the division in a form visible from air and sea.
(3) Written identification provided the permittee by the division shall be carried at all times by the vessel engaged in the search or recovery operations.
Specific Authority 267.031(1) FS. Law Implemented 267.061(3)(i), (k) FS. History–New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.11, Amended 4-13-87,________.
1A-31.020 Inspection by Permitting Agency.
Prior to or after issuance of any permit, the division may, with reasonable notice without notice, inspect the permit area to perform any or all of the following:
(1) Evaluate statements made in the application;
(2) Determine the nature of any historical resources present;
(3) Determine whether any areas or sites within the proposed permit area are exempted from permitting;
(4) Examine all work already done or being done under the terms of the permit;
(5) Make a determination of compliance with FS 267.031, the terms of the permit, and the conditions as specified in this rule., and all other applicable laws and rules;
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.025 Assignment and Subcontracting.
No permit may be assigned or transferred. Subcontract agreements are allowed, provided that the subcontractor, by contract, obligates itself to be bound by all the terms and conditions of the exploration or recovery permit and is solely responsible for its actions under the subcontract. and A subcontract requires the prior written approval of the division or the project archaeologists. Compliance with all terms and conditions of the permit is the sole responsibility of the permittee whether or not permitted activities are subcontracted.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.030 Project Archaeologist Qualifications.
Any permit issued under this rule shall require the participation of a professional underwater archaeologist who shall serve as the project archaeologist. The project archaeologist must meet, at a minimum, the Secretary of Interior’s Standards for Professional Qualifications, as set forth in Federal Register Vol. 48, No. 190, p. 44739, or subsequent official version, herein incorporated by reference, or equivalent training and experience, and the following minimum qualifications of training, knowledge, experience and skills with an emphasis on underwater sites, water-saturated archaeological materials, and preservation methods, as evidenced by the project archaeologist’s resume submitted with the permit application:
(1) At least 24 12 weeks of supervised underwater archaeological fieldwork and 20 10 weeks of supervisory underwater archaeological fieldwork;
(2) At least two weeks field experience and training in underwater survey technique and familiarity with the general theory and application of varied remote sensing technology;
(3) Experience or training in the recovery and interpretation of both archaeological and archival data and familiarity with the history and technology of navigation and ship building;
(4) Design and execution of an underwater archaeological study as evidenced by an M.A. thesis or a published report of equivalent scope and quality;
(5) For exploration permits, at least three months of experience in the operation of remote sensing devices in a marine environment for the purpose of discovery and evaluation of archaeological resources supervised by a specialist in the use of such devices, or if the project archaeologist is lacking in this requirement, the permittee may obtain the services of a qualified expert, as demonstrated by training and experience, to carry out the remote sensing, working with the project archaeologist;
(6) For exploration permits, at least three months of experience in a supervisory or independent role or if the project archaeologist is lacking in this requirement obtain the services of a qualified expert, as demonstrated by training and experience, to carry out the exploration, working with the project archaeologist; and
(7) For recovery permits and exploration permits involving recovery of archaeological materials, at least eight weeks of supervised training in the general theory and application of stabilization and conservation methods as they pertain to waterlogged materials, or if the project archaeologist is lacking in this requirement obtain the services of a qualified expert, as demonstrated by training and experience, to carry out stabilization and conservation, working with the project archaeologist.
(8) Qualifications needed to serve as the project archaeologist shall not require any criteria other than those cited above and shall not require membership in any archaeological professional groups or organizations.
(9) The physical presence of the Project Archaeologist on site shall not be required at all times.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), 267.061(1) FS. History–New________.
1A-31.036 Project Archaeologist Responsibilities.
The project archaeologist shall:
(1) Ensure that professional archaeological standards are maintained throughout the course of the project;
(2) develop a research design and appropriate procedures for its implementation;
(3) Review remote sensing data and provide a written interpretation of the results to the division;
( ) Train and certify a sufficient number of archaeological data recorders to ensure that on site archaeological data is collected and recorded in the absence of the Project Archaeologist on site.
( ) Ensure that the archaeological guidelines, herein incorporated by reference, are adhered to during the exploration and recovery activities.
(4) Personally be present and visually inspect excavations when significant archaeological material clusters and/or areas of articulated ship’s structure are being excavated, and at such times as may be necessary to properly interpret the historic shipwreck site, as may be determined by the project archaeologist.
(5) Ensure that adequate records are maintained during all remote sensing, testing, excavation, recovery and laboratory procedures; and conservation or stabilization of recovered artifacts.
(6) Maintain regular contact with the division, providing electronic, facsimile or paper copy reports of all significant developments, including discoveries of historic shipwreck sites and historical resources.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.040 Application Procedures.
(1) Applications for permits issued under this chapter shall be made on forms prescribed by the division. Application forms may be requested in writing at the division’s address in Rule 1A-31.0032, F.A.C., or on-line at (insert e-mail address) Application for Exploration Permit (Form HR6E9001-08), is herein incorporated by reference. Application for Recovery Permit (Form HR6E9002-08) is herein incorporated by reference.
(2) One copy of the completed application bearing an original signature of the applicant shall be submitted to the division at the address specified in Rule 1A-31.0032, F.A.C.
(3) The permittee may apply for a permit renewal in accordance with procedures in this rule. The application form shall specifically explain any differences from the previous application. Any sections that are unchanged may be answered “No Change.”
(4) The division may request additional information or clarification on any application that is submitted. Such request shall be made to the applicant in writing and shall indicate the date by which the information or clarification is needed.
(5) Requests for renewal must be received prior to the termination date of the permit. Requests for renewal will be considered sufficient when all requirements of the permit have been satisfied, any errors or omissions have been corrected, and any additional information requested by the division has been received.
(6) Renewals shall have a term of three years.
(7) The division shall respond to all permit applications and/or renewal requests within 30 days after such receipt, notifying the applicant of any apparent errors or omissions and requesting any additional information the division may require and is permitted under the rule.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.046Application Review.
The division shall consider the following criteria in its decision to approve or deny a permit application, and shall additionally take into careful consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks in its evaluation and determinations made, based on the below described criteria:
may consider other relevant information:
(1) The public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology;
(2) Conflicts with other permit areas, exempted areas, exempted sites, excluded areas and excluded sites or navigation channels;
(3) Date of receiving the application in relation to other applications for the same location received first; A duplicate application for the same area shall not be entertained until the initial application for that area has been fully processed and made subject to a final order by the division;
(4) Experience, ability and plans to comply with safety and security requirements as demonstrated in the application;
(5) Experience, ability and plans to collect and supply data and records as demonstrated in the application;
(6) Ability of the division to supervise and administer the permit in addition to permits already issued and as provided for in 1A-31.0072(6);
(7) Results of the inspection of the requested permit area, if any;
(8) Financial ability Demonstration of reasonable means to complete conduct the permitted activities as demonstrated described in the application;
(9) Qualifications, experience and ability of the project archaeologist;
(10) Suitability of proposed research design and methodology;
(11) Experience, ability and plans for data collection, security, inventory, and curation of archaeological materials recovered and records as demonstrated in the application;
(12) Qualifications, experience and ability of the applicant to complete conduct the proposed activities;
(13) Access to necessary equipment and qualified operators;
(14) Size of permit area;
(15) Compliance with requirements of any previous permits or agreements issued under Chapter 1A-31, F.A.C., from the date of its adoption.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.050 Permit Issuance.
The division shall only issue a permit when:
(1) The applicant has supplied evidence of sufficient financial ability reasonable means to conduct complete the operation as permitted activities, taking into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks;
(2) The applicant has demonstrated that project participants including subcontractors possess sufficient qualifications, resources, and abilities to successfully complete conduct the permitted activities, taking into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks;
(3) The applicant has supplied a letter of intent from a professional underwater archaeologist who has agreed to serve as project archaeologist;
(4) The applicant has demonstrated that proposed project activities will utilize professionally accepted techniques for exploration, identification, reconnaissance, recovery, recording, conservation and/or stabilization, preservation, and analysis of archaeological materials recovered;
(5) The applicant has supplied an adequate plan for the conservation and/or stabilization, analysis, and curation of all archaeological materials recovered, records, and other materials resulting from the proposed operation, including facilities if appropriate; and
(6) The division has determined that activities allowed under the permit are consistent with the requirements of this rule.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.055 Notice of Approval or Denial.
(1) The division shall notify the applicant of approval or intended denial of the application at the address provided in the application or as specified in any notice of change, per Rule 1A-31.080, F.A.C., within 90 days after the receipt by the division of a completed application for a permit or a permit renewal. The division shall not unreasonably deny an application for a permit or a permit renewal. If the application is approved, the division shall immediately furnish a permit document for signature by the applicant certifying agreement with its terms and conditions. The applicant shall return the signed permit to the division for immediate signature by the division’s authorized representative. The permit is effective when it is signed by the applicant and returned to the division.
(2) If the division intends to deny the application, the division shall list those criteria from Rule 1A-31.046, F.A.C., on which the intended denial is based and inform the applicant of the options available within the 90 days cited above.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New______.
1A-31.060 Requirements for All Permits.
Each permit must include:
(1) Name and contact information for division staff administering the permit;
(2) Name and contact information for the permittee or agent;
(3) Name and contact information for the project archaeologist;
(4) Name and contact information for key project personnel;
(5) Registration numbers of all boats participating in the permitted activities, which shall be updated on a case by case basis as may be needed;
(6) Duration of the permit;
(7) Boundaries of the area covered by the permit;
(8) Description of the scope of work to be undertaken, which may include additional archaeological guidelines to those required by the division;
(9)Minimum standards of diligence, expressed as a schedule of specific work activities and dates a general time frame within by which such activities shall be initiated or conducted completed, taking into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks;
(10) Notice that the permit requires submittal of an annual report meeting the guidelines established in the archaeological guidelines. subsection 1A-46.001(3), F.A.C. National Oceanic and Atmospheric Administration 1:80,000 nautical charts should be substituted for U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle maps as required in subsection 1A-46.001(3), F.A.C, as appropriate, and/or the use of a computer mapping system approved in the permit;
(11) Notice that Daily Field Note and Activity Logs (Form HR6E067, Revised 06/08), herein incorporated by reference, must be completed and submitted monthly.
(12) Notice that no guarantee of being granted a renewal or new permit is stated or implied;
(13) Notice that the permittee must notify the division in writing and immediately within 72 hours of any change affecting the ability or plans to complete conduct the permitted activities as set forth in the application and the permit, including changes in boats and boat registration numbers used in the permitted activities;
(14) Notice that the use of clamshell dredges, cutterhead dredges, explosives and suction dredges greater than 10 6 inches in diameter is prohibited; and
(15) Notice that the use of propwash deflectors is allowed prohibited unless specifically, and for good and sufficient cause, is prohibited authorized in the permit.
(16) Notice that all vessels used in exploration or recovery activities or operations shall carry copies of the executed permit issued by the division.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.065 Additional Requirements for Exploration Permits.
(1) No excavation or displacement of archaeological materials shall be conducted unless approved in writing by the division in the form of an amendment to the Exploration Permit. No archaeological materials shall be recovered unless approved in writing by the division in the form of an amendment to the Exploration Permit. All archaeological materials recovered under an Exploration Permit shall be treated in accordance with FS 267.031, (5n) regarding the transfer of objects recovered under permit by commercial salvors. remain state property.
(2) With a minimum of disturbance to the permit area as may be required, the permittee shall:
(a) Conduct such remote sensing of the entire permit area as may be required to locate the specific site or sites as referenced in the permittee’s exploration application and permit;
(b) Identify the source of any anomalies as may be required, with a primary emphasis on those anomalies interpreted to most likely be associated with the specific site or sites as referenced in the permittee’s exploration application and permit;
(c) To a reasonable degree, delineate the extent of historic shipwreck sites but with a primary emphasis on the site or sites as referenced in the permittee’s exploration application and permit; and
(d) To a reasonable degree, evaluate the potential characteristics and significance of any historic shipwreck site in consultation with the division, with a primary emphasis on the site or sites as referenced in the permittee’s exploration application and permit.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.----- Issuance of Recovery Permit A recovery permit shall be issued by the division to the permittee upon the discovery of artifact remains associated with areas of the primary archaeological deposits of the shipwreck site or sites as referenced in the permittee’s exploration application and permit, and/or the discovery of secondary or tertiary artifact remains related to the referenced shipwreck site’s debris field.
1A-31.070 Additional Requirements for Recovery Permits.
A research design and description of proposed excavation activities prepared by the applicant’s project archaeologist, and approved by the division, shall be included in the recovery permit. The division shall require the permittee to secure the use of a conservation, stabilization and curation facility, as well as relevant the conservation expertise needed for the care of the type of artifacts recovered by the permittee, to be approved by the division., if the permittee is responsible for conserving archaeological materials under the terms of the permit. The permittee is solely responsible for transporting, storing, insuring, securing the safekeeping of, and the conservation ing and stabilization of all archaeological materials recovered under the permit and for the costs associated with these activities. The division may assist in these activities.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i),(k),(o), 267.061(1) FS. History–New________.
1A-31.075 Permit Modification.
Permit modifications may be requested in writing by the permittee. The division will respond in writing to requests for modification within 30 days. Permit modifications shall not be unreasonably withheld.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.
1A-31.080 Permittee Required to Give Notice of Change.
The permittee shall notify the division in writing, in such form and detail as required by the division, of changes or proposed changes in financial support, ability to conduct the permitted activities, contact information, key personnel or equipment from that noted in the permit application. If the division determines that changes or proposed changes decrease materially to a substantial degree the permittee’s ability to carry out and complete the permitted activities project in accordance with as described in the permit, then the division may require a permit modification or may suspend or revoke the permit. Permission to make changes shall not be unreasonably withheld and shall take into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.085 Permit Suspension and Revocation.
Suspension
(1) The division may suspend operations under a permit for the following reasons including but not limited to:
(a) Violation of FS 267.031 or this rule. the law;
(b) Violation of terms or conditions of the permit;
(c) Obtaining the permit by misrepresentation or failure to disclose all relevant facts;
(d) Knowingly making false statements in an application, report or other document submitted to the division under this chapter;
(e) Failure to meet minimum standards of diligence as specified in the permit, taking into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks; or
(f) Non permitted activities Activity that jeopardize archaeological materials.
Revocation
(2) If the division intends to revoke the permit, then the permit shall remain suspended until the matter is resolved. The division may revoke a permit for any or all of the following reasons:
(a) Knowingly making false statements in an application, report or other document submitted to the division under this rule;
(b) Failure to meet minimum standards of diligence as specified in the permit, taking into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks;
(c) Violation of any of the terms or conditions of the permit;
(d) Violation of this chapter or any other applicable law or regulation;
(e) Obtaining the permit by misrepresentation or failure to disclose all relevant facts;
(f) Issuance based upon materially incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this chapter.
(3) Suspension or revocation of a permit does not relieve the permittee of any obligations concerning restoration of submerged lands, protecting exposed archaeological remains exposed by the permittee and/or recovered by the permittee or providing reports and information to the division as required by the permit.
(4) The division shall serve written notice of intent to revoke or suspend a permit, specifying the criteria from rule 1A-31.046 on which the intended revocation or suspension is based and inform the applicant of the available options.
(5) With regard to compliance, the division shall not unreasonably suspend or revoke a permit and shall take into consideration the unknown variables which are inherent in the exploration and recovery of historic shipwrecks prior to the revocation or suspension of any permit.
Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.
1A-31.090 Disposition Transfer of Archaeological Materials, Title to Archaeological Materials Conveyed.
The division may shall transfer archaeological materials to which it holds title to the permittee in consideration of recovery services provided to the state under the terms of an exploration or recovery permit. Provisions for the transfer of archaeological materials in kind, and as delineated below, will be specified in each recovery permit.
Specific Authority 267.031(1), 267.115(6) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History– New________.
1A-31.095 Transfer of Title to Artifacts in Exchange for Recovery Services Provided
The division has a responsibility to “…administer the transfer of objects recovered by commercial salvors under permit in exchange for recovery services provided to the state”, as provided for in Section 267.031 (5n), F.S. Further, the division has a long history on which to base such transfers of objects and subsequent title thereto. The division and the permittee shall proceed as follows:
(1) Transfer Committee:
The permittee shall notify the division as to the end of their primary yearly exploration and recovery season. No later than thirty days after the end of each yearly exploration and recovery season, as determined by the permittee, the division and the permittee shall each have the opportunity to appoint two representatives to serve on the Transfer Committee. Those four committee members shall jointly appoint a fifth committee member. If the division or the permittee fails to appoint any committee members, then the division or the permittee will proceed in good faith to fill any vacant positions. The permittee and the division will establish meeting dates, based on the status of conservation and reporting requirements as cited in the permit, giving each member thirty days notice, prior to any Transfer Committee meetings. The permittee shall furnish each committee member with an inventory of the artifacts recovered (by site if applicable) during the previous exploration and recovery season, at least seven days prior to any meeting.
(2) Points:
A system of points shall be agreed upon by a simple majority of the committee, based upon similar past transfers of objects recovered to which the division has participated, and each of the artifacts and treasure trove shall be assigned an appropriate point value by the Transfer Committee. Some artifacts which are redundant and commonplace in nature, may receive no points.
(3) Evaluation of Artifact and Treasure Trove Assemblage:
The committee shall meet at the conservation facility of the permittee to inventory and evaluate the artifact assemblage recovered by the permittee during the prior year’s exploration and recovery season, as to its historical, archaeological and intrinsic value, as based on past recoveries and evaluations of artifacts and treasure trove of a similar type and from a similar period. A second meeting will be scheduled at this meeting for approximately thirty days after the initial meeting. All parties will meet one more time and come to a written agreement of evaluations. If any representative of the committee does not attend or participate personally or telephonically, committee members who are present in person or by telephone will proceed in good faith and the assigned point values shall be deemed acceptable by all parties.
(4) Public Interest:
The division shall seek to retain for the people of the State of Florida for display and research purposes, a representative cross section of the entire artifact and treasure trove assemblage, up to but not to exceed twenty percent (20%) of the recoveries, by site if applicable, as established by assigned points as agreed upon by the committee. An upper limit may be established by the committee as to the total numbers of specific artifact types and categories the division may need to retain in the public interest for proper research and display purposes. The division shall make a request list of the artifacts and treasure trove which it wishes to retain for the people of Florida, based on its twenty percent (20%) interest in the recoveries, and provide this list to the committee members within fifteen days of the last committee meeting. Artifacts which are redundant, commonplace and un-pointed shall be transferred to the permittee, with the exception of those un-pointed artifacts to which the division may wish to retain a reasonable cross section of. The committee shall agree or disagree with the division’s list and shall make any necessary corrections within fifteen days of receipt of the division’s list, which will be deemed the division’s final interest in the recoveries for the preceding exploration and recovery season.
(5) Transfer of Title:
A certified letter shall be mailed to the permittee within fifteen days of the committee’s agreement on the division’s final request list in the recoveries for the preceding exploration and recovery season. This letter shall cause to be transferred, in kind and in writing, the remaining artifacts and treasure trove and subsequent title thereto to the permittee. The permittee shall cause to be transferred to the division, in kind and in writing, the artifacts and treasure trove as agreed to and named on the division’s request list.
(6) Admiralty Cases
In the event that a federal admiralty case is involved, the same procedures as cited above shall be used, with the exception that the permittee shall have the initial rights and title to the artifacts and treasure trove recovered as based upon the admiralty arrest. Upon agreement by the committee to the division’s request list, the permittee shall caused to be transferred to the division in kind and in writing, a donation of the artifacts and treasure trove as listed on the division’s request list and as approved by the federal admiralty court that has jurisdiction.
1A-31.100 Notice of Rights
Notice of rights of permittee as provided for under Florida Statutes, to seek any and all legal recourse to any disagreements between the division and the permittee are herein inorporated by reference.
