| Subject: |
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Re: Back to shipwrecks |
| Name: |
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Pat Clyne |
| Date Posted: |
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Sep 12, 06 - 10:43 AM |
| Email: |
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Atocha@aol.com |
| Website: |
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http://,2 |
| Message: |
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Thanks for bringing this up Carla as it is a major concern for legitimate salvors everywhere. Right now we are facing ANOTHER federal law that unless amended could ultimately end most historic shipwreck salvage as we know it.
The Sunken Military Craft Act (SMCA) that was established in 2004 allows any foreign national to claim their shipwreck in our waters if they basically petition our federal courts claiming their vessel was somehow commissioned by their military. This broad loophole in the law, as you might imagine, opens the Pandora’s box for new assertions by foreign nationals that their ships were under military orders to bring commercial goods back from the new world.
Spain in particular has become very successful in circumventing the Abandon Shipwreck Act of 1987 by claiming sovereign rights on their vessels under this “Immunity” clause. The Fourth Circuit Court in Norfolk, Virginia awarded Spain two shipwrecks that were located by a private salvor WITH a legal State permit. These wrecks were just a few miles off the coast of our own beaches in Virginia, but now Spain has jurisdiction over any “diving” on those wrecks, in OUR own waters.
The State of Florida must decide if they want to give up their cultural heritage to Spain or help us, the Salvors, to help them continue to recover these historic wrecks before there is nothing left to salvage. That is why Taffi (in a previous thread) has requested that information from salvors. We need to know why the State of Florida is slowing down the process of allowing permits to legitimate salvors.
Could this be the prelude of things to come???? |
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