    [From the U.S. Government Printing Office, www.gpo.gov]

                              MANAGEMENT PLAN FOR
                 FLORIDA'S SUBMERGED CULTURAL RESOURCES

                                       AReportby
                   Florida Department of State, Division of Historical Resources,
                             Bureau of Archaeological Research

                  Submitted to State of Florida, Department of Community Affairs
                         in Partial Fulfillment of the Requirements for
                              Florida Coastal Zone Management
                             Program Grant 94-OS-72-13-00-16-016

                                       ctober994

                               U.S. DEPARTMENT OF COMMERCE NOAA
                               COASTAL SERVICES CENTER
                               2234 SOUTH HOBSON AVENUE
    .~-U ,,1i                       CHARLESTON, SC 29405-2413

    rtoLr
                               %roperty of CSC Librart

                                       EXECUTIVE SUMMLARY

                  Florida contains a vast number of submerged cultural resources, which
    I       ~ ~~include all types of archaeological and historical sites--from prehistoric
              occupational zones to historic shipwrecks--all representing tangible but
               ireplaceable elements of the State's past. They are fragile and finite, since,
    I        ~~unlike natural resources, they cannot be regenerated once they are disturbed or
              destroyed. Today, many of these sites are being impacted statewide by beach
              erosion, coastal development, dredging, illegal collecting, salvage activities, and
              other impacts.
                  Until now, Florida lacked a comprehensive management strategy and plan
    a      ~     ~~for its submerged cultural resources. The State's ability to protect, preserve, and
              promote these unique state-owned resources for the public benefit and public good
              can be improved by better regional and site-specific data, better site inventories,
    A       ~ ~increased interagency coordination, and better management policies. At present,
              information about Florida's submerged cultural resources is limited, and the
              public lacks knowledge of, and appreciation for, its underwater heritage.
                  In 1993, the Bureau of Archaeological Research received a grant of federal
              funds administered by the Florida Department of Community Affairs, Coastal
              Management Program, to develop a comprehensive management plan for
              Florida's submerged cultural resources. The plan closely follows a key piece of
              federal legislation, the Abandoned Shipwreck Act of 1987. This Act assigned
              states jurisdiction over historical shipwrecks in their waters, and mandated the
              Secretary of the Interior to develop guidelines for states to implement the Act. The
              guidelines, issued by the National Park Service in 1990, were specifically intended
              to encompass historic shipwrecks. For the purposes of this management plan the
              guidelines have been applied other types of underwater sites as well.

    I         M~~Ajor Goals of Florida's Submerged Cultural Resources Mangmn  Plan
              (1) To manage state owned submerged cultural resources consistent with the
    I         ~ ~~principles of stewardship and public benefit.
              (2) To manage state owned historic shipwreck sites consistent with the
                 Abandoned Shipwreck Act Guidelines.
              (3) To improve the rules and management procedures regarding submerged
    I         ~ ~~cultural resources so they are afforded the same level of protection as
                 terrestrial sites.
              (4) To develop and implement management tools necessary to accomplish the
     I~~~~boegas

             Major Concerms of Florida's Submerged Cultural Resources Maaeetplan
    1        ~~(1) Submerged cultural resources represent unique and valuable, publicly owned
                 resources that have the potential to provide sustained cultural, recreational,
    I          ~~~and economic values and benefits.
              (2) Submerged cultural resources represent significant archaeological and
    I          ~~~historical values that are not renewable.
              (3) Submerged cultural resources are resources which are subject to continuous
                 deterioration from human and natural activities.
              (4) Public knowledge of submerged cultural resources and the values and benefits
                 they represent should be increased.
              (5) Florida's management system for submerged cultural resources has
                 developed over time in response to particular problems or issues rather than
    I         ~ ~~having the benefit of comprehensive planning.
              (6) Human and financial resources available for management of state owned
                 submerged cultural resources should be increased to meet current and future

             (7) Opportunities for public outreach and volunteer programs must be developed to
                 improve management of submerged cultural resources.

                     TABLE OF CONTENTS

    EXECUTIVE SUMMARY

    TABLE OF CONTENTS

    ACKNOWLEDGMENTS

    ABBREVIATIONS

    CHAPTER 1. INTRODUCTION

    CHAPTER 2. FLORIDA'S SUBMERGED AND COASTAL CULTURAL
                RESURCES

         I. Types of SubmergedResources
                1) Drowned Prehistoric Sites
                2) Wrecked or Abandoned Vessels
                3) Underwater Refuse Sites
                4) Displaced or Eroded Sites
                5) Sites Constructed in Water

         II. Potential Impacts to Submerged CulturalResources

             1. Natural Impacts to Submerged Cultural Resources
                (A) Hurricanes
                (B) Lesser Storms
                (C) Natural Deterioration Processes
                (D Natural Erosion Processes

             2. Human Impacts to Submerged Cultural Resources
                (A) Dredging and Beach Renourishment
                (B) Construction and Waterfront Development
                (C) Commercial and Sport Fishing
                (D) Erosion Caused By Recreational And Commercial Boating
                (E) Oil And Gas Exploration & Extraction
                (F) Treasure Hunting and Commercial Salvage
                (G) Amateur Collecting

    CLCHAPTER 3. FLORIDA'S PRESENT MANAGEMENT PROGRAM FOR
                 SUBMERGED CULTURAL RESOURCES

         I.  History of Underwater Sites Management in Florida

          II. Florida's Present Management Strategies

              Chapter 1A-31, F.A.C., Procedures for Conducting Exploration and
              Salvage of Historic Shipwreck Sites

              Chapter 1A-32, F.A.C., Archaeological Research

              Florida's Underwater Archaeological Preserve System

              Pensacola Shipwreck Survey

              Maple Leaf Shipwreck Archaeological Project

              Half-Mile Rise Archaeological Project

              Federal Management of State-Owned Submerged Cultural Resources

              State Management of Federally Owned Shipwrecks

          III. Florida Laws and Rules Concerning Submerged Cultural Resources

              Florida Historical Resources Act, Chapter 267, Florida Statutes

              Fossil Permits, Chapter 240, Florida Statutes

          IV. Federal Laws Concerning Submerged Cultural Resources

              Submerged Lands Act, 1953 (43 U.S.C. 1301 ET SEQ). (P.L. 83-31)

              National Historic Preservation Act, 1966 as amended
              (P.L. 96-515 1980, 16 U.S.C. 470a et seq).

              Coastal Zone Management Act, 1972
              (P.L. 92-583, as amended; 86 Stat. 1280; 16 U.S.C. 1455, U.S.C. 1456 et seq).

              Marine Protection, Research and Sanctuaries Act (MPRSA), 1972

              Archaeological and Historic Preservation Act of 1974, as amended Also
              known as, Moss-Bennett Act; Archaeological Recovery Act; P.L. 93-291;
              Reservoir Salvage Act, 1960 amended.

              National Environmental Policy Act, 1969 (P.L. 91-190)

              National Parks Act, 1976 (P.L. 91-190)

              Archaeological Resources Protection Act of 1979 (ARPA)

    CHAPTER 4. FLORIDA'S MANAGEMENT STRATEGIES AND THE
                THE ABANDONED SHIPWRECK ACT AND GUIDELINES

         Background

         The Abandoned Shipwreck Act

         The Abandoned Shipwreck Act Guidelines (1990)
             Part I
             Part II
             Guideline F

    CHAPTER 5. FUTURE MANAGEMENT NEEDS AND RECOMMENDATIONS
                FOR MANAGING FLORIDA'S SUBMERGED CULTURAL
                RESOURCES

         Underwater Site Survey and Inventory
         Underwater Program Staff and Support
         Exploration and Salvage Program
         Public Relations and Outreach
         Institutions of Higher Learning
         Underwater Archaeological Preserves
         Underwater Historic Markers
         Isolated Finds
         Inter-Agency Cooperation
         Law Enforcement
         Amateur Archaeological Organization Research Permits
         Underwater Archaeological Site Form
         Florida Master Site File
         Dredge and Fill Activities
         Oil and Gas Exploration and Extraction
         Boating Activities
         Fishing Activities
         Natural Threats

         APPENDICES
         [Bound Separately from the Main Report]

               Appendix 1. National and International Submerged Cultural Resources
    I                     ~ ~~~~~~Comparitive Matrix Table
               Appendix 2. Laws, Rules, and Management Strategies for submerged
    I                    ~ ~~~~~~~Cultural Resources of Selected U.S. States and Territories.
               Appendix 3. International Laws, Rules, Conventions and
    I                    ~~~~~~~Management Strategies for Submerged Cultural
                            Resources of Other Nations

                                     ACKNOWLEDGEMENTS

                 The Submerged Cultural Resources Management Plan Project was awarded
               a oastal Zone Management Subgrant through the Department of Community
    I       ~~Affairs, Florida Coastal Management Program, with funding provided by a
             National Oceanic and Atmospheric Administration grant. The Florida
              Management Plan team, within the Division of Historical Resources, Bureau of
    I       ~~Archaeological Research, consisted of resource management specialist Bruce
             MacMillan and research assistants Cathy L. Adcox and Jonathan Lammers.
               Te team was directed by James J. Miller, State Archaeologist, and Roger C.
                 SmtState Underwater Archaeologist. We are pleased to acknowledge the
             efforts of the following people and organizations, and offer our sincere thanks for
             their cooperation and assistance.
             Florida Division of Historical Be-sources
             In the Office of the Division Director, George W. Percy, Director; John W. Girvin,
    I      ~~Assistant Director, and Frank Stockton, Attorney. In the Bureau of
             Archaeological Research, Jim Dunbar, Archaeological Field Supervisor; Robert
             Vickery, Archaeological Field Assistant; Louis Tesar, Archaeology Supervisor;
             Henry Baker, Archaeologist; Hope Kurtz, Editor; and Sean M. Kelley for
             preparing figures in An Atlas of Maritime Florida reproduced in this
             management plan. A special thanks to Mable Revell and Carolyn Moore who
             provided administrative assistance and support. In the, Bureau of Historic
             Preservation, Laura A. Kammerer, Historic Preservationist Supervisor, Historic
             Compliance Review Section; Mike Weisenbaker, Historic Preservation Planner,
    3       ~~Historic Compliance Review Section; William Thurston, Historic Preservationist
             Supervisor, National Register Nominations Section; and Frederick P. Gaske,
             Historic Preservationist Supervisor, Grants and Education Section.
    I       ~~State of Florida and Local Governments
             Lonnie Ryder, Department of Environmental Protection, Division of Beaches and
    3       ~~Shores, Beach Management Program; Lt. Gary Strickland, Staff Supervisor,
             Northeast Region, Game and Freshwater Fish Commission; Lt. David Gainer,
             Staff Supervisor, Panhandle Region, Game and Freshwater Fish Commission;
             Lt. Bruce Hamlin, Central Region, Game and Freshwater Fish Commission;
    I      ~ ~Major Frank Feliciano, Assistant Bureau Chief of Field Operations, Marine
             Patrol; Pat Evan, Bureau of Economic Development; Ken Banks, Artificial Reef
             Coordinator, Broward County Department of Natural Resource Protection; Dr. J.
    I      ~~Anthony Paredes, Florida State University, Professor, Department of
             Anthropology; Joe Haluskey, Northeast Florida Sea Grant Extension, Marine
             Advisory Program; John Hughes, Aquatic Preserve Manager, Department of
    I      ~~Environmental Protection; Susan Radford, Aquatic Preserve Supervisor,
             Department of Environmental Protection; Pam Girard, Department of
             Environmental Protection; Eugene "Mack" McLellan, Legal Advisor,
    5       ~~Department of Environmental Protection; and Eric J. Taylor, Assistant Attorney
             General, Tax Section, Department of Legal Affairs.

    Other States
    Greg Rhinehart, Division Chief of Planning and Protection, Alabama Historical
    Commission; George McClusky, Archaeologist/Section 106 Coordinator,
    Arkansas Historic Preservation Program; Peter Pelkofer, Senior Counsel,
    California State Lands Commission; David Poirier, Archaeologist, Connecticut
    Historical Commission; Alice Guerrant, Historic Archaeologist, Delaware
    Bureau of Archaeological and Historical Preservation; Dr. Lewis Larson, State
    Archaeologist, West Georgia College, Carrollton; Ervan Garrison, Associate
    Professor of Anthropology and Geology, University of Georgia, Athens; Ross
    Cordy, Head Archaeologist, Hawaii State Historic Preservation Division;
    Marianne Davis, Idaho State Preservation Office; Mark Esaray, Chief
    Archaeologist, Illinois Division of Preservation Services; Rick Jones, State
    Archaeologist, Indiana Division of Historical Preservation and Archaeology;
    Kathy Gourley, Iowa State Preservation Office; Barry Williams, Kansas State
    Preservation Office; T. Sanders, Manager, Kentucky Site Protection Program;
    Robert Bradley, Assistant Director, Maine Deputy State Historic Preservation
    Officer; Bruce Thompson, Maryland Assistant Underwater Archaeologist;
    Victor T. Mastone, Director, Massachusetts Board of Underwater Archaeological
    Resources; John R. Halsey, State Archaeologist, Michigan Bureau of History;
    Scott Anfinson, National Register Archaeologist, Minnesota Historical Society;
    Jack Elliot, Historical Archaeologist, Northeast Mississippi Field Office; Mike
    Weickman, State Archaeologist, Missouri Office of Historic Preservation; Stan
    Wilmouth, State Archaeologist, Montana Historical Society; Greg Miller,
    Nebraska State Historic Preservation Office; Parker Potter, New Hampshire
    Division of Historical Resources; Debra Fimbel, Principle Historic Preservation
    Specialist, New Jersey Historic Preservation Office; Lynne Sebastian, State
    Archaeologist, New Mexico Historic Preservation Division; Paul R. Huey, Senior
    Scientist, New York Archaeology; Richard Lawrence, North Carolina
    Underwater Archaeology Unit, North Carolina Department of State; Franco
    Ruffini, State Historic Preservation Officer, Ohio Historic Preservation Office;
    Robert Brooks, Oklahoma State Archaeologist, Archaeological Survey; Leland
    Gilsen, Archaeologist, Oregon Parks and Recreation Department; Kurt Carr,
    Director of Archaeology and Protection, Pennsylvania Bureau of Historic
    Preservation; Paul Robinson, Principle Archaeologist, Rhode Island Historic
    Preservation Commission; D.K. Abbass, Project Director, Narragansett Bay
    Underwater Archaeology Project, Rhode Island; Christopher F. Amer, Deputy
    State Archaeologist for Underwater, South Carolina Institute of Archaeology
    and Anthropology; Steven Rogers, Historic Preservation Specialist, Tennessee
    Historical Commission; J. Barto Arnold III, State Marine Archaeologist, Texas
    Historical Commission; Cemal Pulak, Archaeologist, Institute of Nautical
    Archaeology, Texas A&M University; Giovanna Peebles, State Archaeologist,
    Vermont Division for Historic Preservation; Elizabeth Righter, Virgin Islands
    Staff Archaeologist; E. Randolph Turner III, Head, Survey and Planning
    Section, Virginia Division of Archaeology; Robert Whittam, State Archaeologist,
    Washington Office of Archaeology and Historic Preservation; Pat Trader, West
    Virginia Review and Compliance Archaeologist; and David Cooper, Underwater
    Archaeologist, Wisconsin State Historical Society.

             Federal Government
             Paul Johnston, Curator of Maritime History, Smithsonian, Washington, DC;
    I      ~ ~George Smith, Chief, Investigation and Evaluation Section, Southeast
             Archaeological Center, National Park Service, Tallahassee, Florida; David
             Brewer, Archaeologist, Southeast Archaeological Center, National Park Service,
             Tallahassee, Florida; Betty Jackson, Environmental Protection Agency, Sabine
              Island, Pensacola Beach; U.S. Army Corps of Engineers, Florida District Office,
            Jacksonville; and Don Hargrove, Department of the Interior, Minerals
             Management Service, Florida Geological Survey, Oil and Gas Section.
             Private Sector
             Mark Perry, Palm Beach County Reef Research Team; John de Bry, Director,
              Center for Historical Archaeology, Melbourne Beach, Florida; Debbie Logan,
              Professional Association of Diving Instructors International Headquarters, Santa
    I       ~ ~Ana, California; Cynthia Jones, Professional Association of Diving Instructors;
             Jeff Livingstone, National Association of Underwater Instructors; Chad Barbay,
              South Atlantic Regional Representative, National Association of Underwater
    I      ~ ~Instructors; Kim Walker, Medical Department, Divers Alert Network; Jeff Korba,
             Divers Unlimited, Hollywood, Florida; Ken Wright, Lady Cyana Dive Shop,
              Islamorada, Florida; and Nancy Paracliso, Paradise Spring, Florida.

              Canada
              Dena Doreschenko, Archaeologist, Ontario Heritage Foundation; Peter Englebert,
              Marine Archaeologist, Marine Heritage Office, Ontario Ministry of Culture,
              Tourism and Recreation; Stan McClellan, Marine Parks Advisor, Parks Canada,
              Fathom Five National Marine Park; William (Bill) Huot, British Columbia,
              Ministry- of Small Business, Tourism and Culture, Culture and Historic
              Resources, Heritage Conservation Branch; Bob Ogilvie, Curator of Special Places,
              Nova Scotia Museum of Natural History; Brian Ronaghan, Eastern Slopes
             Archaeologist, Edmonton Provincial Museum; Willis Stevens, Archaeologist,
              Canadian Parks Service; Neil Stephens, Chief, NWP Programs Division,
              Canadian Coast Guard; Nova Scotia, Department of Education; Ontario Heritage,
               Ats and Cultural Industries Policy Branch; British Columbia, Ministry of
                Touismand Ministry Responsible for Culture; Les Hurt, Deputy Director of
              Community Heritage Services, Alberta Department of Community Development,
              Cultural Facilities and Historical Resources Division; Wayne Carter, Director,
    71      ~ ~Heritage Properties Branch, British Columbia Ministry of Small Business,
              Tourism and Culture, Culture and Historic Resources; Jack Foster, Archaeology
    g        ~~Branch, British Columbia, Culture and Historic Resources;
              Other Countries
              Graeme Henderson, Director, Western Australian Maritime Museum; Maureen
    1       ~ ~C. Wilson, Assistant, Bahamas Ministry of Public Safety and Transportation;
              Nan Godet, Acting Curator, The Bermuda Maritime Museum; Lynn Harris,
              Maritime Archaeologist, South Africa National Monuments Council; Janet
              Blake, Program Advisor, Cultural Heritage Division, Council of Europe; Anthony
              Firth, Department of Archaeology, University of Southampton;

    Outside Consultants Who Reviewed Draft ofManagement Plan
    Kenneth J. Vrana, Michigan Sea Grant Extension, Michigan State University,
    East Lansing, Michigan; Phillip J. Wright, Mount McGovern Co. Ltd., Oxford
    Mills, Ontario, Canada; Bruce Terrell, U.S. Department of Commerce, National
    Oceanic and Atmospheric Administration, National Ocean Service, Sanctuaries
    and Reserves Division, Silver Spring, Maryland; David J. Cooper, State
    Underwater Archaeologist, State Historical Society of Wisconsin, Historic
    Preservation Division, Madison, Wisconsin; Giovanna Peebles, State
    Archaeologist, Division of Historic Preservation, Montpelier, Vermont; John A.
    Gifford, Marine Archaeologist, Division of Marine Affairs, Rosenstiel School of
    Marine and Atmospheric Science, University of Miami, Miami, Florida; John R.
    Halsey, State Archaeologist, Michigan Department of State, Division of Museums,
    Archaeology and Publications, Bureau of History, Lansing, Michigan; Larry
    Murphy, Submerged Cultural Resources Unit, Southwest Cultural Resources
    Center, National Park Service, Santa Fe, New Mexico; Michele Aubrey, National
    Park Service, Anthropology Division, Washington, DC; and Richard Waldbauer,
    National Park Service, Archaeological Assistance Division, Washington, DC.

                                       ABBREVIATIONS

                There are a number of abbreviations (acronyms) used throughout this plan.
            Some of the more common ones used are (listed in alphabetic order):

                  ASA         Federal Abandoned Shipwreck Act of 1987

    I            ~~~~BAR       Florida Department of State, Division of Historical Resources,
                              Bureau of Archaeological Research
    I            ~~~DEP        Florida Department of Environmental Protection

                  DHR         Florida Department of State, Division of Historical Resources

                  Division    Florida Department of State, Division of Historical Resources

    I             ~~~NOAA      National Oceanic and Atmospheric Administration

                  SCR         Submerged Cultural Resources (the equivalent of "underwater
                              cultural resources", "underwater historic resources",
                              "underwater heritage resources", "underwater archaeological
                              resources", "underwater sites"t, etc.)

                                        CHAPTER ONE

          i                           ~~~INTRODUCTION

     I           ~~~The peninsula of Florida, bounded on th~ree sides by water with an extensive
              network of rivers, streams, and lakes, contains a broad range of submerged
              archaeological and historical sites dating from ancient times to the present.
    I       ~ ~~People are represented in the archaeological record of Florida for at least 12,000
              years. Then, as now, human settlement and commerce favored coastal areas of
              the Florida peninsula, at the land-water interface that supports sustenance,
    I       ~ ~commerce, communication, ol  transpor'tation. Frehistoric sites include coastal
              village camps and middens, ceremonial complexes, hunting and fishing camps,
              and quarries. Many early Florida settlements located near water have since
              become submerged due to the gradual rise in sea levels since the end of the last ice
              age. Drowned terrestrial sites are only just beginning to be discovered in many
              nearshore areas along rivers, in streams, in the Atlantic Ocean, and in the Gulf
    5        ~~~of Mexico.

                  The remains of European and Early American coastal settlements and
              industrial areas are located along the shores and bays of the Florida coast with
              concentrations in Pensacola, Apalachicola, Tampa, St. Marks, Key West, and St.
              Augustine. Sites in these areas range from colonial outposts and fishing
              communities to early port towns and maritime facilities. Florida's waters
    3       ~ ~contain a large number of historic shipwrecks of many nationalities and periods.
              As a result of human error, storms, or warfare, the remains of historic
               watercraft are found all over the state. Due to the protective properties of water
    I        ~~such as lower oxygen content and reduced exposure to human activities, some
              watercraft are surprisingly well-preserved. Other wrecks have deteriorated over
    3        ~~~time. Many have yet to be discovered and identified.
     -           ~~~Since the advent of scuboi diving in the late 194ns, Florida has come to rank as
              the number one dive destination in the United States. The majority of Florida's
    I       ~ ~~sport divers do not usually disturb underwater archaeological sites or remove
              artifacts. With increased human accessibility, however, Florida's underwater
              sites have inevitably come under pressure from collecting activities. Some sport
    I       ~ ~~divers routinely collect prehistoric artifacts and fossils from Florida's river
              bottoms. When isolated or separate from their original archaeological deposit,
              such items have limited archaeological value, but continuous collecting can also
    3        ~~~impact important archaeological sites where the original location and association
              of artifacts are still preserved.
                  What began decades ago as chance discoveries of colonial Spanish shipwrecks
    I       ~ ~~in shallow water off East Coast beaches and in the Florida Keys, has gradually
              become a well organized treasure hunting business, both authorized and
              unauthorized. Florida, like most states, assumes title to both terrestrial and
              submerged archaeological sites on state lands, and has, since the 1930s,
              permitted shipwrecks to be commercially explored and salvaged under

              agreements with the state. State-sanctioned salvage activities have provided
              artifacts and some information to the public, but have also resulted in the
    3        ~~consumption of an importanb part of Florida's maritime heritage. Many of
    -       ~~Florida's underwater sites have been impacted by beach erosion, dredging, and
              coastal development over the decades.
     I           ~~~With the passage of the National Historic Preservation Act of 1966, the State of
              Florida was assigned a role in the federal historic preservation system. In 1967,
              the Florida Archives and History Act created the Division of Archives, History
    I      ~ ~and Records Management (since reorganized as the Division of Historical
              Resources) and directed that agency to establish programs to protect and preserve
              these resources. The Act provided for the recovery of historic shipwrecks by
    I      ~ ~private contractors through the issuance of exploration and salvage contracts.
              Over the years, this activity remained the focus of the state's marine
              archaeological program, and there was no formal plan for the active
             management of the vast remainder of the submerged historical resources under

     I           ~~~The absence of a comprehensive management plan for submerged cultural
              resources in Florida has also been partly due to limited staff and lack of ability to
              survey, identify, and assess the resources. While the Bureau of Archaeological
    I       ~ ~~Research has identified areas considered likely to contain as yet unidentified
              inundated sites, and has- received reportq of subme-ged sites from sport divers,
              treasure hunters, and fishermen, site investigations have been conducted on an
    I       ~ ~occasional and informal basis. More regional and site-specific data, more
              complete inventories, better management policies, and increased inter-agency
              coordination would improve the State's ability to promote its unique cultural
              resources for the public benefit. Meanwhile, a growing awareness of the
              significance of these resources has resulted in increasing concern for their
              protection and preservation.
    1           ~~~The field of underwater archaeology has gradually developed over the past
              thirty years and a conservation ethic for resources of this type has emerged
              throughout much of the world. In most countries submerged cultural resources
              are in the public trust and managed as such. Congress took an important step in
              this direction in 1987 with the passage of the Abandoned Shipwreck Act, which
              reaffirmed states' title to certain historic shipwrecks and encouraged the
    I      ~ ~development of long-term management programs by the states. Guidelines for
              the Act, which were issued by the National Park Service in 1990, specifically
              address the components of state and federal. management programs. The Florida
    I       ~ ~Division of Historical Resources has begun to focus on inventory, evaluation,
              protection, and interpretation of historic shipwreck sites. Greater attention to
              other types of submerged cultural resources is now also a priority. New
    I       ~ ~~initiatives are being develop*,J to educate the pubic; about the value of these
              resources and encourage greater public involvement in their management and
              enjoyment.
                  In 1990 and 1991, the Division of Historical Resources was awarded coastal
              zone grants to develop a regional model for resource management based on a
              survey and inventory of sites in Pensacola Bay. The project was to be a pilot study
    U        ~~leading eventually toward development of a comprehensive management plan by
              undertaking an inventory and assessment of underwater sites in a key area of the
                                                   2

              state known to contain a cross section of significant resources. Pensacola Bay
              was chosen as an ideal location for the development and testing of this model,
              since it contains an abundance of sites of differing ages in fresh and salt water, in
              riverine and estuarine waters, as well as in near shore and offshore locations.
              The project was designed as a pilot program in which resource strategies for the
              compilation of resource data, and management tools for resource protection and
              interpretation, could be developed and tested at the regional level, and then
              applied as a model to other locations in Florida. The proposal was submitted to
    5        ~~the Florida Department of Environmental Regulation, Office of Coastal Zone
              Management, and a research grant was awarded with funds made available
              through the National Oceanic and Atmospheric Administration (NOAA).

     I           ~~~The Pensacola Shipwreck Survey, as the project has come to be known, has
              recorded and assessed over forty significant underwater archaeological sites in
              the Pensacola Bay area so far, including two 18th-century British cutters or
    I       ~ ~sloops, and the remains of a 16th-century Spanish ship, now called the Emanuel
              Point Wreck, which is believed to be Florida's oldest shipwreck. A classification
              scheme for the Pensacola Bay shipwrecks was developed based on type, condition,
    I       ~ ~~location, age, and significance of sites. These factors help determine which
              management policies were best suited to particular sites. Coordination with
              federal and state agencies helped to identify specific resource needs and how they
    1       ~ ~could be met through public-oriented programs. Programs that were tested in
              Pensacola included public conferences and lectures, sport diver workshops,
              museum and university involvement, as well as the establishment of a shipwreck
    I        ~~~park by a local support group in response to local nominations. Additionally,
              coordination with the local media proved invaluable in promoting public interest
              and support of the project. The Pensacola model was successfully applied in
              Broward County during the same year in response to the nomination for another
              park in 1993. The results of the Pensacola experiment were favourable. The test
              of the model indicated that the development of a statewide management plan,
    j        ~~~based on hard data and field trials, was the next sAuge.

                  Building on the Pensacola project, a statewide compilation of environmental,
              archaeological, and historical data about Florida's submerged cultural resources
              was analyzed and presented in a Maritime Atlas of Florida soon to be published.
              As a tool for understanding the breadth and scope of the State's resources, the
              Atlas was used to identify other regions of Florida in which to apply the Pensacola
              model on a smaller scale to determine its usefulness in the creation of a
              comprehensive statewide management plan.

     I           ~~~~Following the development and testing of the Pensacola model, the need for an
              explicit and comprehensive statewide management plan was acknowledged as
              the next step in improving Florida's ability to protect and preserve its submerged
    I       ~ ~cultural resources. In early 1994, an additional grant of NOAA funds was made
              available through the Florida Coastal Management Program of the Department of
              Community Affairs to prepare the plan contained in this document. The
    I       ~ ~~statewide management plan is intended to extend the lessons of the Pensacola
              model across the state, and is to be both a policy document as well as an action
              plan. It presents the legal context of submerged cultural resources in Florida,
    3        ~~~including federal, state, and local laws and regulations that affect such resources
              in terms of ownership, jurisdiction, regulation and management. The plan
              presents the guiding principles of submerged cultural resource management in
                                                   3

             the Florida context to set the broad goals of an effective statewide state program.
             The plan identifies key agencies and organizations and specifies necessary types
             of coordination. It documents coordination with these entities to establish links in
             planning and regulation during the period of the grant activities. The plan
             presents the model tools for site protection and interpretation based on
             government agency and private sector actions in a public context incorporating
             education and direct participation. The plan concludes by identifying
             recommendations for improved resource management over the long term and
    I        ~~suggests implementation measures for the future. As an additional product,
             portions of the management plan effort provided the basis for a Submerged
             Cultural Resource Handbook to be made available to a broad audience to improve
             public understanding and cooperation. The handbook will be circulated to
             management agencies for review, and will then be adapted for public distribution.
                 The preparation of the management plan included the following objectives
             and tasks:
                 (1) To assemble and assess existing federal, state, and local laws and rules
                 affecting submerged cultural resources.
                 (2) To gather examples of submerged cultural resource management plans
                 from Federal and State sources, as well as other countries to assess potential
                 policies applicable to Florida.

    j          ~~~(3) To assess common impacts to resources.
                 (4) To prepare a draft of statewide management strategies incorporating
    5          ~~~policy and procedural changes.

                 (5) To prepare an implementation plan identifying how, when, and by
                 whom the management plan will be implemented including how to
                 accomplish recommended changes to state statutes, rules, and
                 procedures.
    1          ~~~(6) To prepare a public resource handbook to be circulated among
                 appropriate agencies and organizations as well as the public at large.

                 Much of the work that went into developing the management plan is not
              directly evident in thee body of the report. The first objectives involved
    I      ~ ~correspondence, phone interviews and library research to obtain and review laws,
              rules, plans and policies from other states and countries. The particular
              organizations and people who supplied information are listed in the
    I      ~ ~acknowledgments. Useful components of other programs are incorporated in the
              discussions and recommendations of this plan, but the details of these programs
              are presented Appendices I through 3.
                 Finally, it is important to note that the development of this management plan
              has been based largely on an assessment of current practices by other
    3        ~~governments. Any agency with management responsibility for underwater
              archaeological resources approaches its task in a unique context. In each case,
              the legal frameworks are different, the resources are different and the interests of

                                                  4

    I        ~~~the public are different. This management plan is a first step in improving
              Florida's management scheme. The product of the plan is a series of
              recommendations that remain to be implemented. They require public review
              and discussion and are subject to continuing revision as they are assessed by
              organizations and individuals with an interest in Florida's underwater
              archaeological resources. It has been the Bureau's intent in developing the plan
              to arrive eventually at management practices which represent broad public
              agreement and support based on solutions that have proved workable elsewhere.
              These management practices should also provide the maximum public good or
              public benefit as recommended in the Abandoned Shipwreck Act Guidelines. The
              following discussion and recommendations are offered as the beginning of the
    g        ~~process.

            I~~~~~~~~~~~~~

                                      CHLAPTER TWO

                          FLORIDA'S SUBMERGED AND
      I               ~COASTAL CULTURAL RESOURCES

                 Florida contains more submerged cultural resources than any other part of
             the United States. With approximately 8,500 miles of coastline that includes
             rivers, streams and lakes, no part of Florida is far from water. Drowned
             prehistoric sites have been discovered in Florida's rivers, sinkholes, underwater
             eaves and lake bottoms as well as offshore in the Atlantic Ocean and Gulf of
             Mexico. Many of these locations were once dry land during times of lower sea
             levels. Sites created by people living in these lands are now underwater. The
             inundation of the land began about 19,000 years ago with the rising of global sea
    U       ~ ~~levels due to melting of the glaciers at the end of the last lee Age. Even today, sea
             level continues to rise and many coastal archaeological sites are being covered
             slowly but surely by water.
                 Submerged archaeological sites in Florida span thousands of years and
             represent many different cultures and activities. Submerged archaeological sites
    I       ~ ~in Florida suggest that prehistoric populations utilized coastal zones to a great
             extent and that relatively large populations occupied former coastlines now
             drowned by rising sea levels. The use of Florida's waters for transportation,
    3       ~ ~recreation, commerce and subsistence has always been, and will continue to be,
             an important part of Florida's heritage.
    j           ~~~In the modern era, Florida's unique and diverse natural and cultural
             resources are becoming more accessible for recreational and educational
             purposes. Divers from around the world come to Florida to enjoy such natural
             wonders as the Florida Keys and the State's extensive system of springs and
             sinkholes. The state's underwater natural and cultural resources are often
             interrelated, as in the case of coral reefs in the Keys, where many of the earliest
             shipwrecks in the New World blend with the grasses and corals beneath the clear
             waters. Similarly, the springs, that were so often visited by Florida's Indians
             throughout the millennia, are also attractive to divers for their unique settings.
             But, as underwater sites become more accessible, they may also become
    I       ~ ~increasingly impacted. At the same time, underwater sites are more difficult to
             manage than land sites because they are less visible and not so well understood.
             It is the challenge of a management plan likes this one to take advantage of
    I       ~ ~increased accessibility and increased public interest in underwater sites to
             promote protection and stewardship.

                                                  6

                             I. TYPES OF UNDERWATER SITES
                Florida's diverse submerged cultural resources are often classified in the
              following five categories.

              1) Drowned Prehistoric Sites
                  Many prehistoric human habitation and special-use sites have been
              inundated by rising sea levels or the corresponding rising of the water tables on
              land. Most inundated sites in Florida are over 6,000 years old. These represent
              some of Florida's most unique and significant archaeological resources. Because
              of the unique chemical and physical characteristics of underwater environments
              that prevent decay of organic remains, the best preserved evidence of aboriginal
              peoples and their way of life is often found in such submerged sites.
                  Many prehistoric sites under water have remained relatively undisturbed
    I       ~ ~~over the centuries, while others have become eroded and scattered by tidal and
              river actions. A good example of a well preserved prehistoric site in Florida is
    3        ~~~Little Salt Spring, a natural limestone well in Sarasota County. Little Salt Spring
              has produced evidence of a Paleo-Indian site more than 12,000 years old, and an
              Archaic period village with associated cemetery dating to about 7,000 to 9,000
              years ago. Another site where important prehistoric archaeological and faunal
    I       ~ ~remains have been preserved and excavated is Warm Mineral Springs in
              Sarasota County.
     3           ~~~~A number of Florida's river systems also contain evidence of prehistoric
              Indian artifacts. Many early sites have been reported and recorded in the
              Aucilla, Ichetucknee, Santa Fe, Oklawaha, Wacissa, Wakulla, St. Marks and
    I       ~ ~~Chipola Rivers. In the Aucilla River, archaeological deposits 9,500 to 12,300 years
              old have been found. Offshore investigations are being conducted in the Gulf of
              Mexico, where relict river basins are now under water. Shell midden sites, or
    3        ~~~debris dumps, such as the Shell Bluff Landing site have been found throughout
              Florida; some are underwater along the Gulf coast and among the Ten Thousand
              Islands in the southwestern part of the state. These submerged prehistoric sites
              provide important information about past environments and the people and
              animals that coexisted in them.

    1        ~~2) Wrecked or Abandoned Vessels
                  With Florida's extensive maritime history and abundant coastline,
    I       ~ ~shipwrecks are an important component of the state's underwater heritage. The
              vast majority of shipwrecks in Florida's water do not contain gold, silver, jewelry,
              or other precious metals. So-called "treasure" galleons that wrecked in Florida
    I       ~ ~~were salvaged soon after the event whenever possible, since economic effects of so
              great a loss were profoundly felt throughout Europe. More than two thousand
              ships are recorded as lost in Florida's waters; only a minute proportion of these
              ever carried treasure.

                                                   7

    I         ~~~The real treasure of shipwrecks is their potential to help us reconstruct a
              picture of the past. They represent time capsules left to us by the people who
              designed, built, loaded, and sailed the vessels. Shipwreck sites, in contrast to
              most archaeological sites on land, often reflect the results of sudden cataclysmic
              events. They exist by themselves, isolated in time and space, providing what
    3        ~~~archaeologists call a "closed context" view of the past.

                  The conditions of sunken vessels vary, depending on their age and
              environment. In Florida, there are a wide range of sites, from relatively intact
              wooden vessels in freshwater bayous, to widely scattered and encrusted wreckage
              with little or no wood remains. Among the oldest vessels are more than one
              hundred dugout canoes that have been found preserved in Florida's wet
              environments. All watercraft found in Florida reflect the history of the state and,
              quite often, its relationships with other countries of the world. Each hasa
    I        ~~~particular story to add to our knowledge of Florida's history.
                  "Historic" shipwrecks are generally considered to be those which meet the
              criteria of age and importance for listing in the National Register of Historic
    3      ~ ~Places. "Non-historic" shipwrecks generally are modern or otherwise not
              considered historically significant. Some examples of historic shipwrecks in
              Florida are: the Urca de Lima, one of the ships in a Spanish fleet that perished in
    I      ~ ~a hurricane in 1715; the San Pedro, a ship from a Spanish fleet disaster in 1733;
              the City of Hawkinsville, the largest steamboat to sail the Suwannee River; the
              USS Massachusetts, the nation's oldest battleship; and, the Copenhagen, a
    I        ~~British steamship which wrecked in shallow water off Pompano Beach in 1900.
              All of these vessels are a part of Florida's Shipwreck Preserve system. Located
              near Jacksonville, the Maple Leaf, a Federal Army transport which sank in the
    I        ~~St. Johns River in 1864, is a true treasure trove of Union army and personal
              artifacts from the Civil War. This nationally significant shipwreck site now being
              excavated and interpreted is providing a new understanding of the Civil War and
              the campaign in northern Florida by Union troops.

    3        ~~3) Underwater Refuse Sites
                  Sites in this category represent accumulations of refuse associated with
              prehistoric or historic waterfront cultural activities. Discarded materials from
              coastal or riverine settlements, commerce areas, or anchorages, were lost or
              thrown into the water and subsequently settled on the bottom and became buried
              over time. Many of these sites contain links to maritime trade. For example, Fort
    I      ~ ~San Marcos on the St. Marks River has underwater refuse components that
              reflect its importance as a major port in North Florida fromi the 1600s onward.
              Many of Florida's harbors, such as Pensacola Bay contain anchorage middens of
              marine debris that were deposited by ships anchored in the same areas over
              hundreds of years.

     3           ~~~The Hontoon Island and Ponce DeLeon Springs sites along the St. Johns River
              represent excellent examples of prehistoric underwater refuse dumps. Both have
              produced well-preserved stone, bone, shell and wood artifacts as well as the
    I      ~ ~preserved remains of edible plants and other material indicators of prehistoric
              human diets. The information gathered from such sites often provides important
              clues about historic and prehistoric lifeways.

                                                    8

    4) Displaced or Eroded Sites

       Displaced artifacts eroded from their original archaeological context are the
    most common type of underwater site remains. In fact, the sheer quantity of
    artifacts from such sites has helped bring much of the underwater resource base
    to the attention of the scientific community. Displaced artifacts are most often
    found in rivers, spring runs and other areas of flowing water where erosion cuts
    into artifact-bearing sediments and leaves deflated accumulations of rubble
    behind. Similar erosive mechanisms such as wave action and storm surge affect
    cultural deposits in coastal and marine settings.

        Some displaced site remains may be highly scattered while others may be
    concentrated. In some instances, past erosive events have deflated site
    components which were subsequently reburied once the underwater
    environmental conditions stabilized. A typical accumulation of re-deposited
    artifacts might include yesterday's soda bottle beside a 5,000 year old spear point
    and under a 12,000 year old fossil bone.

        Deposits of eroded artifacts do not usually have great scientific potential
    compared to the other types of underwater sites. However, the occurrence of such
    artifact accumulations may be indicative of nearby in situ (in place) site
    components which have significant potential for archaeological research.
    Therefore, it is important to document these types of sites.

    5) Sites Constructed in Water

        Many different types of structures are normally built in the water, such as
    weirs, wharves, docks, and other harbor installations. These sites are
    constructed partially or entirely underwater and represent the only type of site
    deliberately built to function in water or underwater. One example of a site
    constructed in water is a prehistoric fish weir recently discovered in the Santa Fe
    River. The weir, radiocarbon dated at over 2,000 years of age, was used by native
    people to trap fish for food. The Windover archaeological site was discovered in a
    muck pond during construction of a housing development near Titusville,
    Florida. This site was constructed near the prehistoric Atlantic shoreline of 8,000
    years ago and contains extremely well-preserved human remains which were
    intentionally staked down on the bottom of a fresh water pond in a burial
    ceremony. Another example of a site constructed in water is found at the San
    Marcos de Apalachee State Historic Site, at the confluence of the St. Marks and
    Wakulla Rivers. The site has wharf structures dating from the 17th-century.

        Historic navigational aids such as light towers, lighthouses, and
    communication platforms, are sometimes constructed in or near water. Such
    structures may become inundated or collapse into the water.  For example,
    several lighthouses have been constructed off the shore of Cape San Blas. The
    shoreline of the Cape has always been subject to extensive erosion and thus
    structures built on or near the shoreline ultimately collapse, or are destroyed in
    storms. The first lighthouse lasted from 1847-1851. The next collapsed in 1859,
    the year it was built. A third lighthouse constructed the same year was built

                                         9

    about one quarter mile off the Cape. This light was damaged during the Civil
    War and then was then in use again from 1865 until its collapse into the Gulf of
    Mexico in July 1882. The base of this lighthouse still stands intact in twenty feet of
    water with the remains of the iron steps lying close by. The remains of the two
    earlier lighthouses are also nearby under the waters of the Gulf.

    I~~~~~~~~~~~~~~1

                                11. POTENTIAL IMPACTS TO
                         SUBMERGED CULTURAL RESOURCES

     I           ~~~Florida's submerged cultural resources, like its natural resources, are
              composed of an assortment of accessible but fragile assets. However, unlike living
              plant and animal resources, Florida's cultural resources are non-renewable.
              Once damaged or destroyed, they are gone forever and any information that may
              have been learned from them is lost. As Florida's rapid growth increasingly
              impacts the natural and cultural resources of the state, resource management
    3        ~~and preservation assume greater importance.
                  There are many ways in which underwater sites may be impacted. Some of
    5        ~~these causes are natural, like storms and erosion.  Others are related to human
              activities and are potentially controllable. Of these human impacts, many are
              unintentional or inadvertent. Potentially damaging activities such as dredging,
             boating and beach renourishment reflect the many demands placed on Florida's
              finite resources. Some human impacts, however, are more deliberate. It is
              necessary to understand the many different ways sites may be affected before we
              can understand what management tools to apply. With this knowledge, future
    1       ~ ~management efforts can be more successful in ensuring that future generations
              of Floridians may appreciate and enjoy the State's underwater heritage. The
    5        ~~impacts discussed below have been classified as natural and human impacts.

              1.  NATURAL 1IMPACTS TO SUBMIERGED CULTURAL RESOURCES
    I        ~~(A) Hurricanes
                  Hurricanes affect all types of underwater sites. Their occurrence is difficult
    I      ~ ~~to predict, and it is even more difficult to protect against their possible impacts.
              Each storm -has its own individual characteristics and can cause great damage to
              submerged sites or none at all. Even the most massive shipwrecks of modern
              steel hulled vessels can be turned, twisted or broken in two. Wooden hulled
              vessels may be splintered by crashing waves or submarine currents and scattered
              for miles along the bottom. Protective vegetation can be pulled away. Hurricanes
    I       ~ ~can fill the water with debris and pummel sites into pieces. They can pull up
              mountains of sand in one place and redeposit it in another, exposing and burying
              sites. Eroding and other low-lying coastal archaeological sites are equally
              vulnerable to storm surge, shoreline wave action and high winds.
                  In the past, little information was available about the effects of hurricanes on
    1       ~ ~Florida's submerged cultural resources. It was apparent that storms were
              scattering shipwreck sites as evidenced by coins and artifacts from galleon
              wrecks washing up on the beach, or previously covered hull timbers left jutting
    I       ~ ~out of the sand. In large part, though, people were more concerned with damage
              to their homes and businesses than to underwater sites.
     3           ~~~Hurricane Andrew in August, 1992, changed all that. The storm affected
              sites all along the South Florida coast. Wrecks that had become familiar to
              thousands of divers could now be evaluated for storm effects. Sport divers and
    I       ~ ~archaeologist could pull out their'photographs and maps made prior to the storm
              and gauge what the storm had done to these sites, both submerged and coastal.
              The results were dramatic. At least nine major artificial reef sites in Broward
              County were destroyed or severely damaged as a result of the hurricane. The J.
              Dorman, located near Ft. Lauderdale in eighty feet of water, was "ripped in half'
              by the storm. The Mercedes I, was "twisted apart" by Andrew and is reportedly
              continuing to deteriorate in her greatly weakened condition. The Jim Atria, sunk
              near Ft. Lauderdale, was moved by Andrew from a depth of 117 feet to a new
              location 135 feet deep. In Dade County, at least twenty-one major artificial reef
              sites were destroyed or severely damaged as a result of the hurricane.
              Interestingly, shallow water archaeological sites were not, on the whole,
              damaged to the same degree as the deeper artificial reef sites. In general, water
              quality in the Miami area was affected by the hurricane for some time and the
              sand bottom significantly altered. Shoreline sites also experienced major erosion
              and damage from uprooted trees.

    I           ~~~As part of the follow-up to Hurricane Andrew, the National Park Service
              conducted a major study of the effects of the storm on well documented terrestrial
              and underwater archaeological sites in Big Cypress National Preserve, Biscayne
    I       ~ ~National Park and Everglades National Park. These three areas lay almost
              directly in the path of Andrew. A number of known shipwreck sites were
              examined. The Safety Valve Barge, a shallow water site, was exposed to the most
    U       ~ ~surge and subsequently broken up. The Brick Wreck site demonstrated concreted
              site features being displaced. The Pillar Dollar site had depressions on the
              wreckage. One of the more interesting observations was that on all shipwreck

                                                  12

              sites examined, except one, damage caused by human actions prior to the storm
              increased the rate of site deterioration from storm impacts. Shoreline and other
    3        ~~low-lying coastal sites were damaged mainly though tree uprooting.

                  On the whole, the National Park Service study provides significant insight
              into how storms affect submerged and coastal cultural resources, and pointed
              towards useful models for future storms. One important observation and
              recommendation made in the report was that incomplete baseline information on
              underwater sites presents serious management problems- in situations such as
              Hurricane Andrew because only known sites can be evaluated. The report
              estimated that hundreds of submerged sites remain to be located and evaluated in
              the three Parks alone. In addition to storm damage from tree uprooting and wave
    U       ~ ~action, the use of heavy machinery during post-hurricane cleanup caused
              additional damage to known archaeological sites.

              (B) Lesser Storms
     I           ~~~Lesser storms such as typical winter "north-easters," cause erosion and may
              uncover submerged sites. Once sites are exposed, collecting activity and site
              disturbance often begins or increases. These same sites may later become
    I       ~ ~reburied by further storm activity. The 1984 Thanksgiving storm on the Atlantic
              coast of Florida, and the March 1993 storm on the Gulf coast impacted sites to
              varying degrees.

              (C) Natural Deterioration Processes
                  These affect all kinds of submerged cultural resources. The organic remains
              of prehistoric archaeological sites like leather, natural fiber cloths, and wood, are
              nearly always decomposed by microscopic organisms over time. Wooden hulls of
              shipwrecks also deteriorate through natural processes, including the actions of
              organisms such as the shipworm, Teredo navalis. Metal objects may rust or
              corrode, especially in salt water environments, but lithic and ceramic materials
              generally survive with much greater integrity. Artifacts buried in sediments like
              mud that are low in oxygen suffer less chemical and biological decomposition
    1        ~~than those which are exposed on the surface where oxidation can occur.
                  Once man-made objects have become stabilized over time in an underwater or
              saturated environment, a relatively stable chemical balance is established. In
    I       ~ ~~most cases, artifacts from sites that have been under water a long time are better
              preserved in the site. The argument that sites need to be salvaged or excavated in
              order to prevent them from deteriorating is not supported by the archaeological
    I       ~ ~record. Once removed from their stable environment, the objects immediately
              begin to deteriorate. Without complicated and expensive stabilization treatments,
              virtually all organic, and most metal, artifacts will be destroyed when exposed to
              air.

             U~~~~~~~~~~~~~~1

    (D) Natural Erosion Processes

       Natural erosion of the deposits in which submerged cultural and shoreline
    resources are found may occur through the regular processes of nature. River
    and estuarine channels periodically shift, beaches drift and redeposit themselves
    and tidal flows pull sediments along the bottom. In all these cases, underwater
    sites may be affected to varying degrees. Within the past few years, archaeologists
    have begun to assess the impacts of major flood events. Entire sites may be lost to
    riverbank cutting. Similarly, sea level is rising on a global scale and coastal
    archaeological sites are slowly becoming submerged. Of course, the advance of
    the shoreline is an erosive, dynamic, process rather than a simple change in
    water level, and intact archaeological deposits are usually eroded, mixed, and
    re deposited as the coasts advance.

    2.  HUIMAN IMPACTS TO SUBMERGED CULTURAL RESOURCES

    (A) Dredging and Beach Renourishment

       Dredging and beach renourishment activities have been an integral part of
    Florida's development since the state was first opened up to tourism and
    settlement in the late nineteenth century. In the second half of the twentieth
    century, Florida's population has increased at a dramatic pace. This growth has
    come with a price. Development along the State's coasts and numerous
    waterways has been accompanied by a tremendous amount of dredging, filling
    -and channelization. These activities have drastically altered the flow of water in
    and around the state. In the process, many coastal and submerged
    archaeological sites were either filled over or dug away.

       A good measure of the magnitude of these development activities comes from
    the records of the Historic Preservation Compliance Review Section of the Bureau
    of Historic Preservation. That office reviews development and construction
    projects of all types to ensure that they comply with state and federal historic
    preservation laws. New dredging, maintenance dredging and beach
    renourishment are among the most common projects submitted for review. The
    review and compliance procedures that implement state and federal law usually
    result in remote sensing surveys to identify potential shipwreck sites. When such
    locations are identified, they are usually avoided during excavation. However,
    sites can be impacted adversely, particularly those having little or no ferrous
    metal.

        Sand dredging is a technique used to secure materials for beach
    renourishment, a process used to stabilize eroding beachlines (beaches which in
    Florida, are of immense economic value). During renourishment activities,
    hydraulic sand and gravel dredging systems are used to dredge bottomlands
    offshore from "borrow" sites, and then pump this material on shore for fill on the
    beach. The deposit material is generally obtained anywhere from one to two, or
    sometimes up to five miles offshore. Submerged cultural resources which may be
    located in these "borrow" sites are thus at risk. In 1986, the Department of
    Environmental Protection (DEP), Division of Beaches and Shores, Beach
    Management Program, was established to examine the issues and develop long-

                                        14

              term management plans. Their studies determined that of Florida's 850 miles of
              beach shoreline, about 229 miles are critically eroding. Thus, activities associated
    3        ~~with sand dredging will continue to potentially impact submerged cultural
              resources.
                 In addition to dredging, certain types of construction can result in changes to
              sedimentation patterns or hasten erosion processes. One example is the Bob Sikes
              Cut made by the Army Corps of Engineers through St. George's Island, Franklin
              County. This project resulted in a change in tidal flow around the island leading
              to the accelerated shoreline erosion of an extensive Indian village archaeological
              site.
     I           ~~~The draining of wetlands for development may also lead to the detrimental
              exposure of submerged cultural resources. The preservation abilities of water
              and sediment are well known, and cultural resources that have remained well
    I       ~ ~preserved in the water for hundreds of years may begin to rapidly decay on
              exposure to air and sunlight. A good example of this are the prehistoric masks
              and paintings recovered from the mud and tidal flats during excavations at Key
    I      ~ ~Marco, Collier County, in the 1890s, and how quickly they shriveled and cracked
              after recovery.

              (B) Construction and Waterfront Development
    3           ~~~Waterfront development in Florida used to mean vast dredging and filling
              operations that turned wetlands into canals and building lots separated by
              seawalls. Such activities are no longer permitted, but the pace of development
             along the coast continues and increases. Projects that require state and federal
              permission for dredging and filling, and that includes most projects that have the
              potential to disturb submerged lands that might contain cultural resources, are
    3        ~~reviewed by the Division's Bureau of Historic Preservation.
                  The review and compliance process depends on a reasonable understanding
              of where cultural resources are known or likely to occur. This reasonable
              standards is frequently not met for underwater sites, and projects may well
              proceed in the belief that no adverse impact to submerged sites will occur. Rarely,
              however, are means available to actually examine shoreline construction areas in
              advance of work that might damage shipwrecks or other sites. These underwater
              sites are less visible and less well understood than land sites. Improved ability to
    3        ~~~conduct surveys and inventories in all coastal locales will help.

    3        ~~(C) Comeca and Sport Fishing
                  Certain technologies employed by commercial and sport fishermen can
              potentially impact submerged cultural resources. For the better part of a century,
    I       ~ ~commercial and sport fishermen have worked in Florida's waters, bringing forth
              an abundant harvest. In the process, techniques evolved to make the search more
              efficient, and the catch larger. Through accidental net snagging, Florida's
    U      ~ ~commercial fishing industry has contributed greatly toward increasing the
              knowledge base of Florida's submerged cultural resources. Recommendations
              for working with the fishing community are made in Chapter Five.

                                                  15

                  The open-ocean shrimp trawler, which uses weighted nets to ensure the nets
              pass closely to the bottom and maximize the number of shrimp taken has great
              potential to snag shipwreck sites. In 1965, for example, a shrimp trawler
              working about 20 miles south of the Dry Tortugas caught its nets on a wreck in
              1,200 feet of water and accidentally recovered several artifacts including three
              intact Spanish olive jars dating to about 1600. The site was subsequently
              investigated for several successive seasons by a commercial salvage company
    5        ~~~beginning in the late 1980s.

                  The snagging of wrecks by shrimpers, however, is never intended. The costs
              of a lost net are enough to convince most shrimpers to exercise care. For this
              reason, most shrimping boats will log "sa" sites as areas to avoid. This
              information is then shared with others. Shrimp nets may actually pass over
    3        ~~~certain shipwrecks repeatedly without incident if the sites are buried deep enough
              beneath bottom sediments. At the 16th-century Emanuel Point shipwreck in
              Pensacola, nets glided over the site for years without snagging it, such that the
              site wasn't discovered until 1992 during a magnetometer survey. During
    I       ~ ~~subsequent investigation of the site as part of the Pensacola Shipwreck Survey,
              archaeological datum points, installed on the bottom for mapping purposes, were
              dislodged by shrimp nets and pulled out. In 1993 a 17th-century anchor, possibly
              of Spanish origin, was reportedly snagged by a shrimper's not off Port St. Joe.
                  Nets used to ensnare fish can also impact underwater sites, and it is known
    I       ~ ~~that several historic shipwreck sites have been located by commercial fishermen
              over the years. Like shrimpers, however, fishermen also avoid the risk of losing
              nets on snags. Since the start of the Pensacola Shipwreck Survey, a number of
    3        ~~commercial fishermen have provided information to the research team
              concerning locations where their nets have become snagged. Several of these
              areas were subsequently investigated and found to contain historic shipwreck
    5        ~~~sites.
                  Lobstering can also impact shipwreck sites. Lobsters are attracted to
              shipwrecks because they offer many places to hide. Hunting for lobsters is a
              popular sport for many south Florida divers. During their search, these divers
              occasionally disturb shipwreck sites to get at the lobsters by digging in ballast
              piles or moving timbers around. During the assessment of damage caused by
              Hurricane Andrew in Biscayne National Park, Park Service officials noted that
              commercial lobstering activities in the Park were incompatible with long-term
    3        ~~~site preservation and should be eliminated in shipwreck site areas.

                  There is a lesser impact posed by other fishing strategies such as gill net, cast
              net, and line fishing. In these instances, damages are related primarily to the
    I       ~ ~~anchoring of boats. The snagging of wrecks by fishing lines may also deter divers
              from appreciating the wrecks. Not only do tangles of monofilament line present
              an eyesore, but they can pose a danger to -divers in the form of entanglements. As
    I       ~ ~~a result, some areas where artificial reef diving is popular have developed
              cooperative agreements between diving and fishing organizations so that
    *        ~~~excessive entanglements on the wrecks can be avoided.

                                                   16

    (D) Erosion Caused By Recreational And Commercial Boating

       With the tremendous growth of Florida's population has come a
    corresponding increase in the number of recreational pleasure boats. These boats
    may impact submerged sites through the erosion processes of waves caused by
    their passage, and through activities such as the dropping of anchors. Shorelines
    were major places of habitation and used by both prehistoric and historic
    cultures, and many sites are exposed along Florida's coastal and inland
    shorelines.

       On any given weekend in Florida, thousands of boats fill the waterways with
    pleasure boaters. They may be on the water to sightsee, water ski, fish, or simply
    relax. While no harm to underwater sites may be intended, the passage of these
    boats can have a cumulative effect on eroding shorelines. In some places, boat
    traffic is so heavy that shoreline sites can be exposed to the wakes of two or three
    hundred boats a day. Additionally, this erosion is affected by tidal fluctuations,
    wind and wave action, and to a certain degree, the continuing rise in sea level.

        One example of erosion caused by boats is the Shell Bluff Landing Site (8SJ32)
    in St. Johns County, Florida. This prehistoric coastal habitation site is on the
    eastern bank of the Tolomato River, part of the Intercoastal Waterway,
    approximately eight miles north of St. Augustine. It consists of a shell midden
    extending about 200 meters along the river bank. First recorded in 1950, the site
    was studied without excavation. Even at that time, erosion had sorted and
    deposited shell and artifacts along the beach. Subsequent to the study, increased
    boat traffic along the Intracoastal Waterway accelerated the rate of erosion. By
    the early 1980s, large sections of the site had eroded into the water. During the
    winter of 1984-85, a wooden bulkhead was constructed by the Florida Division of
    Recreation and Parks in an attempt to slow the loss. This bulkhead has
    nonetheless continued to be damaged by wave action. In recent years further
    attempts have been made to shore up this site. Whether they will be successful is
    not known. Barges and larger vessels appear to cause the greatest erosion
    problems from the swells.

    (E) Oil And Gas Exploration & Extraction

        The search for oil and natural gas off the Florida coastline can impact
    submerged cultural resources. The building of structures on the sea bottom and
    subsequent use of heavy equipment may damage or destroy submerged sites.
    There are also potential impacts associated with ship traffic, transportation
    pipelines, and spills. When these factors are brought into consideration, it must
    be acknowledged that activities associated with oil and gas exploration can affect
    all types of underwater sites.

        Leases for drilling have been let since the early 1940s. Twenty-nine wells were
    drilled in Florida's territorial waters between 1954 and 1989; all were non-
    producing. The Department of the Interior, Minerals Management Service is
    responsible for managing oil and gas leases both in state and federal waters and
    has developed procedures to protect archaeological resources during exploration
    and extraction activities. Officials with the Florida Geological Survey have

                                        17

    U        ~~~suggested that the lack of success in exploration, coupled with modern political
              opposition to drilling inshore and the immense economic value placed on scenic
    I       ~ ~~beaches, leaves the prospect of fuiture exploration in Florida waters fairly limited.

    3        ~~(F) 'Treasure Hunting and Commercial Salvage:-

                  More than any other state in the nation, Florida is recognized as a place to
              hunt for treasure. As early as the 1930s, Florida granted permission to private
              parties to salvage material from shipwrecks on state lands. By the middle 1960s
              when the major shipwrecks of the 1715 and 1733 Spanish plate fleets had been
    U       ~ ~discovered and placed under salvage contract, a small group of archaeologists
              and historians petitioned the Governor and Cabinet, who granted such leases, to
              protect the archaeological values of these shipwrecks during salvage. Since that
    1        ~~time, archaeological requirements of one form or another have been part of
              exploration and salvage contracts between the state and salvors.
                  The Bureau receives and reviews applications for exploration and salvage
    I       ~ ~activities in accordance with Rule 1A-31, Florida Administrative Code. The rule
              specifies the scope of permitted activities as well as the criteria for approving or
              denying applications. In general, these concern ability to carry out the tasks
              required to be performed under the contract such as ability to collect
              archaeological information, to diligently conduct activities, to care for artifacts, to
              protect archaeological materials, to obtain necessary archaeological skills and to
              prepare a final report of results.
                  According to the terms of the contracts for exploration a comprehensive
    I       ~ ~~remote sensing survey conducted similar in scope to those required for federally
              involved undertakings is required to be completed before any excavations are
    *        ~~~permitted. Such excavations are also subject to state and federal dredge and fill
             *permitting requirements. Once the remote sensing survey report is reviewed by
              an independent archaeologist and the Bureau, the exploration contract may be
              modified to allow digging as necessary to determine'the nature of buried
    I       ~ ~~anomalies. Often, these are determined to be modern ferrous debris not related to
              historic shipwrecks. As much as possible, the exploration contract is intended to
              yield reliable, repeatable results about what might be buried within the contract
    I       ~ ~area. Whereas exploration activities in the past consisted mainly of random
              digging of holes based on rumors and- hunches, it is now customary for
              contractors as well as environmental review agencies to understand why
    3        ~~~excavations are proposed and what their scope will be far in advance of actual
              digging. This basis for exploration activities results in a more realistic
              assessment and understanding of the extremely low probability of actually
    3        ~~discovering previously unknown shipwreck remains that may contain treasure.
                  Contracts for salvage, unlike those for exploration, involve recovery of
              shipwreck material with the understanding that ownership of artifacts will be
              granted to the contractor at the end of the contract. Like exploration contracts,
              salvage contracts are accompanied by archaeological guidelines specifying the
              details of data recording, artifact care, project supervision, maintenance of daily
              logs, and reporting of results. Very few exploration contracts lead to salvage
              contracts; in fact, of the last 45 exploration contracts approved and carried out to
    3        ~~~at least some level of completion, no new shipwreck sites with the potential to

                                                   18

              contain treasure have been located. Most salvage contracts now in effect have
              been carried forward from the out of court settlement agreement between Salvors,
              Inc., and the State of Florida in 1983, and all of these continue under the
              jurisdiction of the federal admiralty court.
                  Minimizing disturbance to historic shipwreck sites resulting from
              exploration and salvage activities will depend on two factors: the extent to which
              shipwrecks are impacted by the digging phase of exploration activities and the
              extent to which salvage activities fail to meet archaeological standards
              comparable to those that would be expected in a research project. The procedures
              for reviewing applications for exploration and salvage and the requirements of
              such projects when they are approved were established prior to the passage of the
              Abandoned Shipwreck and the promulgation of its Guidelines. Within the context
              of the Guidelines, the exploration and salvage program should be publicly
              reviewed to address such issues as criteria for approving or denying applications,
    I       ~ ~criteria for renewing contracts based on past performance, archaeological
              participation throughout the contract period, completion of reports by contractors,
              and improving the overall public benefit of the program.

              (G) Amateur CollectinW.
                  Florida is one of the most popular dive destinations in the world. More than a
              million divers per year enjoy Florida's inland and coastal waters which offer a
    I       ~ ~wide variety of underwater attractions, not the least of which are archaeological
              and historical sites. The most popular diving activities that can have an impact
              on submerged cultural resources are wreck diving and river diving.
                  Many of the more popular shipwreck dives are on modern vessels
              intentionally sunk for artificial reefs and dive charters. These are seldom of
    I       ~ ~historical interest. More important, however, are the many earlier shipwrecks,
              of which there are estimated to be more than 1000, that may have archaeological
              and historical value. It is the state's policy that the public should have free access
    3        ~~~to shipwreck sites, but it is also a violation of state law to remove artifacts from
              such sites on state lands without the permission of the Division of Historical
              Resources.
                  Many of Florida's rivers, especially in the north central part of the state, have
              long been known for their fossil and artifact deposits; these have been collected by
              river divers since the 1950s. There *are intact and stratified archaeological
              deposits in such rivers, especially along eroding banks and in once-dry sinkholes
              within the channel. Most artifacts and fossils from rivers, however, are
              recovered from depressions and cracks in the limestone bedrock where they have
    I       ~ ~been trapped after eroding from their original archaeological location. Such
              secondary deposits usually provide a mix of fossils and artifacts from different
    3        ~~geological and cultural periods.
                  Artifact collecting from archaeological sites over the long term can have a
              significant impact. While a few artifacts here and there may not seem important,
    I       ~ ~the cumulative effect of repeated collecting over years and decades can greatly
              diminish the archaeological potential of a site for both scientific and recreational
              uses. Reducing the impact of collecting depends on educating the diving

                                                   19

    N        ~~community about the importance and value of submerged cultural resources. In
              some states this is already being accomplished by building cooperative
              relationships with sport divers through such activities as volunteer projects,
              training workshops, newsletters, improved communication, and establishment of
              underwater archaeological preserves. These issues are developed more fully as
    3        ~~recommendations in Chapter Five.,

                  The impacts in this chapter, are important issues to be addressed in the
              development of a management plan for Florida's submerged and coastal cultural
              resources. Just as we must preserve our living resources, our non-living
              resources deserve the same attention, requiring an understanding of the scope,
    U       ~ ~~variety, and significances of archaeological sites in Florida. To effectively protect
              and manage the diversity of Florida's submerged and coastal cultural resources,
              it is essential to educate the public to recognize the presence of these cultural
    U       ~ ~resources and the need to protect them from all possible impacts both human and
              natural. Chapter Three of this management plan will address Florida's present
              management program for its submerged and coastal cultural resources and
              federal and state laws which pertain to the program.

             I~~~~~~~~~~~~~2

    SOURCES:

    Alexander, Bruce E.
    1989   Treasure Salvage Beyond the Territorial Sea: An Assessment and
           Recommendations. Journal of Maritime Law and Commerce 20(1):1-19.

    Baker, Henry A.
    1988   Erosion at the Shell Bluff Landing Site (8SJ32), 1988. Florida
           Archaeological Report 2. Bureau of Archaeological Research,
           Tallahassee.

    Barbay, Chad
    1994   Personal communication, South Atlantic Regional Representative,
           National Association of Underwater Instructors, April 19.

    Boyer, Carl
    1992   Andrew's Legacy: Ravaged Reefs, Wrecks. Florida Scuba News 9(8):9.

    Bureau of Archaeological Research
    1991   Salvors Inc. (Cobb Coin) Agreement Compliance 1991.

    1993   Salvors Inc. (Cobb Coin) Agreement Compliance 1993.

    Christie, Donna R.
    1989   Ocean Energy - Florida's Leasing and Regulation for Offshore Oil
           and Gas. pp. 140s141. In Florida's Ocean Future: Toward A State Ocean
           Policy Florida State University, Tallahassee.

    Clark, John R. (ed.).
    1985   Coasts. Coastal Resources Management: Development Case Studies,
           Coastal Publication No. 3, Renewable Resources Information Series.
           Research Planning Institute, Columbia.

    Dunbar, James
    1988   The Types and Potentials of Underwater Archaeological Resources in
           Florida: Everything You Wanted to Know About Underwater Archaeology
           But Were Afraid to Ask. The Florida Anthropologist 41(3):435-41.

    1994   Personal communication, Florida Bureau of Archaeological Research,
           Underwater Archaeology Program, April 28.

    Feliciano, Maj. Frank
    1994   Personal communication, Assistant Bureau Chief for Field Operations,
           Florida Marine Patrol, April 26.

    Florida Department of Environmental Protection
    1993a Status of Comprehensive Beach Management Planning. Division of
           Beaches and Shores, Office of Beach Management, Tallahassee.

    1993b  Shoreline Conditions in Florida. Division of Beaches and Shores, Office of
           Beach Management, Tallahassee.

                                      21

    Florida Department of State
    1989   Historic Preservation Issues Response to Proposed Oil and Gas Drilling
           Off Florida's Coast. Presented at the Presidential Task Force Workshop,
           Tallahassee, Florida. Division of Historical Resources, Bureau of Historic
           Preservation.

    Franklin, Marianne, John William Morris III and Roger C. Smith
    1992   Submerged Historical Resources of Pensacola Bay, Florida. The
           Pensacola Shipwreck Survey, Phase One, 1991. Florida Department of
           State, Division of Historical Resources, Bureau of Archaeological
           Research, Tallahassee.

    Garrison, Ervan G., Charles P. Giammona, Frank J. Kelly, Anthony R. Tripp,
           Gary A. Wolff
    1.989 Historic Shipwrecks and Magnetic Anomalies of the Northern Gulf of
           Mexico. Reevaluation of Archaeological Resource Management Zone 1.
           Volume II. Technical Narrative. Texas A&M Research Foundation,
           College Station.
    Garrison, Ervan
    1994 Personal communication, Associate Professor of Anthropology and
           Geology, University of Georgia, Athens, May 5.

    Gluckman, Stephen J.
    1982   Underwater Sites in South Florida: A Preliminary Predictive Model. The
           Florida Anthropologist 35(3):93-99.

    Hamlin, Lt. Bruce
    1994   Personal communication, Florida Game & Fresh Water Fish
           Commission, Central Region, April 21.

    Hargrove, Don
    1994   Personal communication, Florida Geological Survey, Oil and Gas Section,
           April 27.

    Jackson, Betty
    1994   Personal communication, Environmental Protection Agency, Sabine
           Island, Pensacola Beach, April 28.

    Jones, Bob
    1994   Personal communication, Executive Director, Southeastern Fisheries
           Association, April 27.

    Kammerer, Laura A.
    1994   Personal communication, Historic Preservationist Supervisor, Historic
           Compliance and Review Section, Florida Bureau of Historic Preservation,

    Keating, Dan
    1992   "Mel Fisher Disrupting Sea Sanctuary, U.S..Says," The Miami Herald,
           Wednesday April 15, pp. IA-2A.

                                      22

    Livingstone, Jeff
    1994   Personal communication, Director of Training, National Association of
           Underwater Instructors, April 14.

    Logan, Debbie
    1994   Personal communication, Professional Association of Diving Instructors
           International Headquarters, Santa Ana, California, April 14.

    Marx, Robert F.
    1973   Notes and News - Florida, International Journal of Nautical Archaeology,
           2 (1); 204-205.

    Mobley, Charles M., James C. Haggerty, Charles J. Utermohle, Morley Eldridge,
    Richard E. Reanier, Aaron Crowell, Bruce A. Ream, David R. Yesner, Jon M.
    Erlandson, and Paul E. Buck
    1990   The 1989 Exxon Valdez Cultural Resource Program. Exxon Shipping
           Company and Exxon Company, USA, Anchorage.

    Morrell, L. Ross
    1980   The Florida Division of Archives, History, and Records Management. In
           Conference on Florida's Maritime Heritage, edited by Barbara A. Purdy,
           pp. 51-52. Florida State Museum, Gainesville.

    U.S. Department of the Interior, National Park Service, Cultural Resources
           Division.
    19,92a Hurricane Andrew Resources Assessment of Big Cypress National
           Preserve, Biscayne National Park and Everglades National Park, 15-23
           September 1992 (draft). Southeast Archaeological Center, Tallahassee.

    1992b  Southeast Archaeological Center, Hurricane Andrew Resource Damage
           Survey, Archaeological Damage Assessment: Big Cypress National
           Preserve, Biscayne National Park, Everglades National Park, September
           29, 1992. Southeast Archaeological Center, Tallahassee.

    1994   Departments and Agencies; Government, the Public and the Law. CRM:
           Archaeology and the Federal Government (17)6: 29-36.

    Newman, Christine L.
    1993   Living Near the Spring: Prehistoric Sites and Selected Florida Springs.
           Paper presented at the 45th Annual Conference of the Florida
           Anthropological Society, 1993.

    Reeves, Linda
    1989   Coral Reef Damaged Off Palm Beach, Florida. Florida Scuba News.
           6(5):15.

    Ryder, Lonnie
    1994   Personal communication, Florida Department of Environmental
           Protection, Beach Management Program, April 26.

                                      23

    Shomette, Donald
    1993   The Hunt for HMS DeBraak: Legend and Legacy. Carolina Academic
           Press, Durham.

    Smailes, Jim
    1993a  The Fall and Rise of the Cairo. Maritime Archaeological and Historical
           Society Newsletter 5(2):1,4.

    1993b  Salvage of the Cairo. Maritime Archaeological and Historical Society
           Newsletter 5(3):8-9.

    Smith, Dr. Roger
    1994   Personal communication, State Underwater Archaeologist, Florida
           Division of Historical Resources, Bureau of Archaeological Research,
           April 10.

    Strickland, Lt. Gary
    1994 Personal communication, Staff Supervisor, Florida Game and
           Freshwater Fish Commission, Northeast Region, April 20.

    Sweeney, Louise
    1989   News - Salvors Still Trying to Identify Two Wrecks. Underwater USA
           6(5):27.

    1991   News - Seahawk Finds Gold Bar, More on Deep Wreck. Underwater USA
           8(4):10.

    Vanderbilt, Shirley
    1994   Florida: A Variety of Ways to Enjoy its Wonderful Waters. Skin Diver
           Magazine (3):72-93.

    Wiley, Peter, Ole Varmer, and Michael Weiss
    1993   Florida Keys National Marine Sanctuary Management Plan. (draft)

                                      24

         j                          ~~~CHAPTER THREE

        *                       ~~~FLORIDAS PRESENT
                            MANAGEMENT PROGRAM

                 Numerous statutory changes over roughly the past fifteen years have
             improved the management of many types of cultural resources in Florida. For
             example, there have been numerous advancements in the management of upland
             and wetland resources. However, Florida's management strategies and policies
    I       ~ ~regarding shipwrecks, as well as other types of submerged sites, were slow to
             change since the 1960s. The last decade has seen an increasing awareness of the
             importance of submerged cultural resources. Florida is now actively focused on
    I       ~ ~preserving the state's historical and archaeological resource base. This chapter
             outlines the laws, both state and federal, that pertain to Florida's management of
             its submerged cultural resources. It also reviews Florida's history of dealing
    I       ~ ~with underwater heritage issues, and presents an overview of several of the more
             important underwater site programs.

                            HISTORY OF UND)ERWATER SITE
        5                       ~~~MANAGEMENT IN FLORIDA

                 The evolution of Florida's management of underwater sites has been shaped
             by issues surrounding historic shipwreck sites, especially the so-called "treasure"
             wrecks, rather than being guided by long-term management strategies. To gain
             a complete understanding of the present state of affairs, though, it is useful to
    I       ~ ~first examine some of the major events in Florida's history of underwater site
             management. These are described below, organized into five different periods
             reflecting various changes in the law or managing agency.

             Period One: Pre - 1967
                 Since early colonial times numerous vessels were wrecked in Florida's waters
             and off Florida's coasts. At least three major Spanish "treasure" fleets, which
             were transporting precious metals and other valuables from the New World to
             Spain, were wrecked in 1622, 1715, and 1733. The Spanish government spent
             years salvaging bullion and other goods from their wrecked ships, beginning
             immediately after each after each of the fleet disasters. While their methods
             might seem crude by today's standards, because material from recently sunken
             vessels generally was still in unbroken sacks and chests, they were often able to
             make significant recoveries from wreck sites. Those wrecks that went largely
    I       ~ ~unsalvaged usually were inaccessible owing to deep water or other environmental
             factors that exceeded current technology to salvage them. There is evidence that

            I~~~~~~~~~~~~~2

              native peoples also salvaged materials from Spanish wrecks. Some artifacts
              associated with shipwrecks have been found as grave goods in burial mounds.
                  The first recorded modern salvage of a shipwreck in Florida took place in
              1928. The salvor, William J. Beach, used hard hat diving equipment and a metal
              detector to locate the site of the Urca de Lima, part of the 1715 Spanish fleet. He
              managed to raise at least sixteen cannons and four anchors from the site. They
              were given to Ft. Pierce officials. Because the iron cannons were not treated to
              remove salts from the metal, however, these artifacts have largely been lost to
              corrosion.
                  In 1932, the first state lease for underwater salvage work was granted by the
    I      ~ ~Florida Governor and Cabinet acting as Trustees of the Internal Improvement
              Trust Fund. The lease was granted for the site of one of the 1715 shipwrecks. The
              Internal Improvement Trust Fund was originally established in the 19th-century
              to make recommendations on the disposition of state lands. The Trust Fund also
              made decisions about a wide range'of other state-owned resources including oil,
              gravel and oyster beds. Many of the responsibilities of the Trust Fund were
              eventually assumed by specific agencies within state government.
                  Beginning in 1959, more of the 1715 Spanish fleet shipwrecks were discovered
              off Sebastian Inlet. The Trust Fund began granting salvage permits for work in
              this area. The first of these permits was for a fifty square mile area and was the
              beginning of what has been termed the Florida "gold rush." In 1964, an advisory
              committee recommended that Florida begin a program of underwater
              investigations and archaeological research on shipwrecks in public waters. That
              same year, the Trust Fund hired the State's first underwater archaeologist to
              oversee the salvage activities conducted by lease.
              Period Two: 1967 - 1979

                  In 1967, the Florida Legislature passed the Florida Archives and History Act.
               Te Board of Antiquities was renamed the Board of Archives and History, and
                wsorganized into four bureaus, including the Bureau of Historic Sites and
              Properties within the Division of Archives, History and Records Management.
              An Underwater Archaeological Research Section, was established within the
    I      ~ ~Bureau of Historic Sites and Properties, and the State Underwater Archaeologist
              was transferred from the Trust Fund to the Division. The Division was assigned
              the responsibility of carrying out the public policy of protecting and preserving
    I      ~ ~Florida's cultural heritage. The Division assumed the Board of Antiquities' title
              to al cultural heritage property located on state owned lands, both terrestrial and
              submerged. Henceforth, rights to shipwreck exploration and salvage were no
              longer granted under lease from the Trustees, but rather by contract with the
              Division. This practice continues today. The State Archaeologist and the
              Underwater Archaeological Research Section were responsible for monitoring
              treasure hunting activities. The state employed at times up to a dozen Exploration
              and Salvage field agents who were assigned to the salvage boats to ensure that
              state laws were observed.
                  In 1968, the Governor and Cabinet, at the request of the Department of State,
              passed a resolution which established four underwater reserve areas. The

             I~~~~~~~~~~~~~2

    I'      ~~intention was to preserve a cross-sectional and representative sample of
              underwater cultural resources. These specific areas were selected because
              archival and other evidence indicated that there was a high probability that
              significant historical shipwreck sites were located within those boundaries. No
              exploration or salvage contracts were to be granted in these areas, although
    I       ~~several permits have been issued for research work since that time.
                 In 1969, the State Reorganization Act was passed. The Board of Archives and
              History became the Division of Archives, History and Records Management
              within the Department of State.
                 In 1974, Albert B. Maris, a Special Master appointed by the U.S. Supreme
    I      ~ ~Court, prepared the Maris Report., which dealt primarily with natural resource
              control, particularly oil and gas. The Report redefined Florida's territorial
              boundary, determining that the Straits of Florida was part of the Atlantic Ocean,
    I      ~ ~rather than the Gulf of Mexico. This new definition of Florida's territorial
              boundaries had the side effect of placing the Atocha, a shipwreck of the famed
              1622 fleet, in Federal waters. With the changed boundary, the company salvaging
    I,     ~ ~the Atocha filed a court case claiming the state contract was invalid, and
              demanding return of the artifacts retained by the State to date. Eventually, the
    E        ~~Supreme Court upheld the salvor's rights to the Atocha site and artifacts.
                 In July 1977, the Division began issuing antiquities permits for underwater
              research. The first of these was issued to the Broward County Historical
    I      ~ ~Commission and Board of County Commissioners. This was the first instance in
              which a Florida locality embarked upon a full-scale underwater research project
              of its own with only advice and assistance provided by the State.

              Period Three: 1979 - 1983
     I          ~~~Shipwreck salvors, capitalizing on a Supreme Court decision recognizing
              federal admiralty arrests as taking precedence over State's titles to wrecks within
              their waters, moved to invalidate their contracts with the state. Beginning in
              1979, the first Admiralty arrests were filed on shipwrecks in Florida waters by
              salvors seeking title to these wrecks. The arrests were filed primarily on
              shipwrecks from the 1715 Spanish Plate Fleet. One result of this litigation was
    S      ~ ~that from 1979 to 1983, the Division of Historical Resources imposed a moratorium
              on the exploration and salvage of all historic shipwrecks in Florida, pending final
              results of ongoing litigation concerning validity of the state's ownership and
    .1     ~ ~authority to enter into such agreements. The Exploration and Salvage Program
              was largely dismantled during this period.

              Period Four: 1983 - 1988
     3'          ~~~In May 1983, the Bureau of Historic Sites and Properties was reorganized into
              the Bureau of Historic Preservation and the Bureau of Archaeological Research,
              within the Division of Archives, History and Records Management. The State
              Underwater Archaeologist position was abolished as a result of the inactivity of
              the underwater program during continued Admiralty litigation.

             1                                  ~~~~~~~~~~~~27

     1           ~~~~In the spring of 1983, the Half-Mile Rise Archaeological Project began with
              sponsorship of the Bureau of Archaeological Research, the Florida Museum of
              Natural History, Florida State University, and (since 1987) the National
              Geographic Society.
                  In June 1983, there was an out of court settlement between a major Florida
    I      ~    ~salvage firm and the Florida Department of State. Archaeological guidelines for
              recovery projects were henceforth to be drafted jointly by the salvage firm and the
              State. During the period 1983 to 1987, the Federal Government continued to award
              title of underwater finds from shipwreck sites in state waters to treasure salvage

     I           ~~~In July 1986, the Division of Archives, History and Records Management was
              reorganized as the Division of Historical Resources. The new Florida Historical
              Resources Act, which was revised at this time, broadened historic preservation
    a      ~    ~responsibilities of state agencies within the Executive Branch. These
              responsibilities paralleled the provisions of Sections 106 and 110 of the National
              Historic Preservation Act of 1966. In addition, the state statute established an
               icreased partnership role with the public in historic preservation activities.
                  In 1987, a new State Underwater Archaeologist was hired to oversee the
              State's underwater program. The Bureau's underwater archaeology program
              began a new focus on inventory, evaluation, protection, and interpretation of
              underwater sites. In December of that same year, the Federal Abandoned
              Shipwreck Act was passed by Congress. The Act gave states legal title to historic
              shipwrecks in their waters and removed these wrecks from Admiralty
              jurisdiction. The National Park Service began drafting guidelines to the Act to
    1        ~~help states develop management policies for historic shipwrecks in their waters.

    I        ~~~Period Five: 1989 - Present
                  In 1989, the Bureau of Archaeological Research began investigation of sites in
              Pensacola Bay, in conjunction with the University of West Florida and the City of
              Gulf Breeze. In 1990, the National Park Service issued its final guidelines to the
              Abandoned Shipwreck Act to help states develop management policies for their
             historic shipwrecks. That same year, the Bureau received a Coastal Zone
              Management Grant to develop a regional model for resource management based
              on a survey and inventory of sites in Pensacola Bay. In 1991 the Pensacola
             Shipwreck Survey (PSS) was initiated, and in 1992, the Pensacola model was
              successfully tested in Broward County.
                  Early in 1994, the Bureau was awarded a Coastal Zone Management grant to
              develop a comprehensive plan for the management of Florida's underwater and
              coastal sites. In September, 1994, the draft version of this management plan was
              submitted to the Department of Community Affairs, Office of Coastal Zone
              Management.

             I~~~~~~~~~~~~~2

                                     FLORmA'S PRESENT
        I                       ~~~MANAGEMENT STRATEGIES

     I           ~~~~Chapter 267 of the Florida Statutes asserts the state's title to abandoned
             historic sites and objects on state lands and vests that title in the Division of
             Historical Resources for purposes of administration and protection. From this
    I      ~ ~statutory authority, the Division derives its ability and responsibility to manage
             historic shipwrecks and other archaeological sites on state lands, including
             sovereignty submerged lands. Two administrative rules set forth the Division's
    I      ~ ~policies and procedures for implementing the law. These rules are Chapter 1A-
              31, F.A.C., Procedures for Conducting Exploration and Salvage of Historic
             Shipwreck Sites, and Chapter IA-32, F.A.C., Archaeological Research. Other
             important non-regulatory aspects of Florida's management program include
             Underwater Archaeological Preserves, the Pensacola shipwreck survey project,
             the Emanuel Point Shipwreck Excavation project, the Maple Leaf shipwreck
             project, the Half-Mile Rise archaeological project, federal management of state-
             owned submerged cultural resources, and state management of federally owned

             CHAPTER IA-3i, F.AC., PROCEDURES FOR CONDUCTING EXPLORATION
    I ~AND SALVAGE OF HIISTORIC SHIPWRECK SITES
                 Chapter 1A-31, F.A.C., establishes procedures for the exploration and salvage
             of historic shipwreck sites by private parties under contract with the Division.
    1~ ~~ The rule provides that no person may conduct operations to explore, excavate, or
              salvage archaeological materials from shipwrecks without a written agreement
             with the Division of Historical Resources. The Division may not enter into such
    I       ~ ~an agreement unless it determines that the applicant is professionally qualified
             through demonstration of archaeological ability to conduct such salvage activities
             and has the necessary professional archaeological expertise to perform proper
             field research, analysis, interpretation, conservation, and reporting.
                 Chapter 1A-31, F.A.C., also reaffirms the provisions of F.S. 267.061(l)(b) that
    V      ~ ~material salvaged is the property of the Division. The Division may pay for the
              salvage in accordance with the terms of the contract. Generally, the terms have
    *        ~~permitted salvors to retain 80 percent of the artifacts salvaged. The Division is
             also required to supervise the salvage through proper documentation of all
             salvaged artifacts. To protect the interests of the state, the Division must limit the
             number of contracts for salvage to a number which the Division can properly
    3        ~~supervise.

                 The Archaeological Field Supervisor, located in the Bureau of Archaeological
             Research, in Tallahassee, is responsible for supervising the daily operation of the
    1       ~ ~exploration and salvage program. Among the duties of the Archaeological Field
             Supervisor are the annual production of salvors compliance documentation,
             processing applications and contract documents, maintaining records on the
             program, and organizing annual meetings with contractors to exchange
             information about exploration and salvage activities.

             1                                    ~~~~~~~~~~~~29

                  The Archaeological Field Supervisor is assisted by two Archaeological Field
              Assistants, one located in Ft. Pierce, where most of the salvage occurs, and one in
              Tallahassee. The Field Assistant in Ft. Pierce is responsible for direct field
              supervision of salvage activities. These duties include monitoring contractors for
              compliance with contract conditions and guidelines. Both Field Assistants assist
              the Archaeological Field Supervisor with the organization of the annual
              meetings.

              CHAPTER ]LA-32, F.A.C., ARCHAEOLOGICAL RESEARCH
     I           ~~~Chapter 1A-32, F.A.C. provides procedures for permitting archaeological
              research on state-owned or state-controlled lands. Permits normally are issued to
              archaeologists, scientific and educational institutions such as museums,
    I       ~ ~~universities, and colleges, or to reputable organizations such as historical or
              archaeological societies. The permit requires that the permittee have the
              necessary professional archaeological expertise to perform proper field research,
    U       ~ ~~analysis, interpretation, conservation, and reporting. All materials collected
              under a research permit remain public property to be administered for the state
              by the Division, but may be placed on temporary or long-term loan to the permitted
    I       ~ ~~organization or institution for the purpose of further study, curation, or display.
              All permit holders are required to prepare reports on the results of their research.

    B        ~FLOR1DA!S UNDERWATER ARCHAEOLOGICAL PRESERVE SYSTEM

     I           ~~~Florida's system of underwater archaeological preserves, which was initiated
              in 1987, stands as one of the more successful programs for furthering the
              protection and enjoyment of Florida's historic shipwrecks. With an emphasis on
              public involvement, the preserve program seeks to bring together archaeologists,
              divers and waterfront operators in the common goal of encouraging awareness,
              appreciation, and responsible use of these historical resources.
     �           ~~~Several management philosophies guide the archaeological preserve system.
              The first is that publicly owned shipwreck sites should be accessible to the public.
              The second principle is that public access and interpretation will improve site
              protection and conservation as local divers and visitors develop an understanding
              and appreciation for these unique resources. Finally, local communities enjoy
              the economic benefits from underwater preserves resulting from increased dive
    I       ~ ~~tourism. The preserve system stands in direct contrast to a restrictive regulatory
              form of management. Sites are protected by inviting rather than discouraging
              visitation and local businesses and civic leaders are quick to support the
              establishment and operation of preserves.
                  The present designation -mechanism is that underwater sites of historic
              importance are nominated by a local individual or group of citizens, and are then
              investigated by the State. If the site proves to have good access, dive conditions,
              and is of historical merit, it is designated as a preserve through a cooperative
    I       ~ ~~project between government and the public. The State provides expertise in the
              form of underwater archaeologists who can visit the site and help the local
              nominating group assess the site by generating a map and conducting
                                                   30

              background research into its history. They also assist the group in preparing the
              necessary forms and in printing informational brochures and laminated
    ft       ~~(underwater) visitor guides for the new preserve. The local community,
              especially the dive shops and dive charter operators, become, stewards of the
              preserves as they regularly visit them and derive part of their business from
              visitors to the preserve.
                 To date, Florida's underwater preserve system includes five shipwrecks. The
              Urca de Lima, wrecked in 1715 off Ft. Pierce, was designated as the first preserve.
              in 1987. The site was nominated by the St. Lucie County Historical Commission.
              The San Pedro, a Spanish shipwreck from the 1733 fleet, was chosen to become the
              second Underwater Archaeological Preserve. Working in conjunction with
              Indiana University and Florida State University field schools, the Bureau
              surveyed the wreck, which lies in 18 ft. of water off Islamorada in the Keys. A
              proposal was then circulated throughout the Keys waterfront organizations
    I      ~ ~~outlining the establishment of the San Pedro as a preserve. Positive public support
              was quickly converted into the creation of the San Pedro Trust, a non-pr'ofit
              organization entrusted with making the preserve a reality. The preserve was
              formally established in 1989.
                  In an effort to expand the archaeological preserve system, the Bureau
              distributed flyers throughout the state soliciting nominations for possible
              candidates for the next preserve. One promising candidate was the wreck of a
              Suwannee River steamboat, City of Hawk insville, sunk sometime during the
    I      ~ ~1920s. With the aid of high school students and local divers, the wreck was
              mapped and researched, resulting in a proposal to make it the third Underwater
              Archaeological Preserve. Community involvement and state assistance turned
              an old relic of Florida's maritime past into a preserve in July 1992.

                  The fourth site to become a preserve was USS Massachusetts , commissioned
              in 1896. Sunk just outside the entrance to Pensacola Bay, this 350-foot long
              battleship is one of the oldest existing American battleships. The Massachusetts
              never saw action and was scuttled in 1921 to serve as a Navy target. In 1956, title
              to the Massachusetts was transferred from the Navy to the State of Florida
              following a Florida Supreme Court decision in a case where the state opposed
              commercial salvage of the vessel for scrap metal. The ship was investigated in
              1991 by the Pensacola Shipwreck Survey to assess its suitability as a preserve.
              Following a favorable review and preliminary historical research, the Friends of
              the Massachusetts, a non-profit community support organization, was quickly
              organized to carry out the various tasks necessary to make the hulk a preserve.
              This included efforts to raise funds, primarily to pay for the expense of an
              underwater bronze plaque designating the special status of the old battleship. The
              Massachusetts was successfully dedicated as the fourth Underwater
             Archaeological Preserve in June 1993, through the efforts of the Friends of the
              Massachusetts and the Bureau.

                  The most recent addition to the preserve system is the SS Copenhagen which
              ran aground off Lauderdale-By-The-Sea in 1900 and was abandoned. The
              Copenhagen eventually become a popular dive site. Research by the Maxine
    I      ~ ~Archaeological Council of Broward County reestablished the ship's identity and
              history. The Copenhagen was nominated by a local dive boat captain and was
              dedicated as Florida's fifth Underwater Archaeological Preserve on June 4, 1994.

                                                  31

    I        ~~The Copenhagen Preserve is managed by the Broward County Marine Resources
              Department, the first joint agreement between the Bureau of Archaeological
    if       ~~Research and a county government.
                  The Division's long term goal is to establish a number of Underwater
    I        ~~Archaeological Preserves throughout the state representing a broad range of
              archaeological sites which encompass both the prehistoric and historic periods.
              Divers and others are encouraged to continue to nominate sites for consideration
              as potential Underwater Archaeological Preserves. By placing underwater
              resources in the public trust, and by explaining their archaeological and
              historical value to visitors, these sites become imp~ortant for everyone to preserve.
              Visitation of the preserves by tourist divers has significant economic benefits for
              the local commnunities. At present, only six other states, California, Maryland,
              Michigan, North Carolina, New York, and Vermont, have similar programs, but
    'ft      ~~other state governments and those of other countries are beginning to follow this
              example of "education through recreation." Recommendations for Underwater
              Archaeological Preserves are made in Chapter Five.

              PENSACOLA SHIPWIRECK SURVEY
                  The main stimulus for the Pensacola Shipwreck Survey, begun in 1991, was
              the goal of the Bureau of Archaeological Research to collect basic data on a cross-
              section of Florida underwater sites and then assemble a long-term management
    I       ~ ~~plan for those resources. Pensacola Bay was chosen as an ideal location for the
              development and testing of a statewide model on a regional basis. A survey staff
              was assembled combining paid employees and student interns. Funds were
    I       ~ ~made available under a research grant from the Florida Department of
              Community Affairs, Coastal Management Program.
                  The Pensacola Shipwreck Survey's research design or "model" calls fora
              public-oriented program with a broad scope of work that includes the following
              components:
                     1. Collection of archival and oral information on potential sites;
                     2. Underwater field investigations in conjunction with local divers
                        and fishermen;
                     3. Deployment of electronic remote sensing equipment to detect
                        previously unknown sites, and development of a computer-based
                        inventory of targets and verified sites;
                     4. Assessments, evaluations, and recommendations for individual
                        sites;
                     5. Establishment of a classification scheme of sites according to age,
                        integrity, and environment; and
                    6. Development of appropriate management options for different
                        types of sites.

     5           ~~~To date the survey has recorded over 40 significant underwater archaeological
              sites, including two 18th-century British cutters or sloops, as well as the remains
              of a 16th-century Spanish vessel, the Emanuel Point Wreck, which is believed to be
    I       ~ ~~Florida's oldest shipwreck. The Pensacola projects represent a cooperative effort
              between the Bureau of Archaeological Research and the University of West
    a        ~~~Florida (UWF), especially in the organization of archaeological field schools. As

             I~~~~~~~~~~~~~3

    I        ~~~a result, UWF is now one of the few institutions in the country where practical,
              graduate level experience in underwater archaeology may be obtained. Public
              support for the Pensacola Shipwreck Survey has been most gratifying. The
              Survey also works in close cooperation with the Historic Pensacola Preservation
              Board, the West Florida Archaeology Institute, other Pensacola institutions, and
    I        ~~historical and archaeological societies.
                  The success of the Pensacola model will ultimately depend on the ability of all
              the parties to achieve public access, interpretation, stewardship and protection
    N       ~ ~~for the historical sites located there. What the program has demonstrated is that
              a concerted effort combining state, academic, and private sector organizations
              may effectively identify and raise awareness of historic underwater resources in a
              given area. It is likely, based on the progress in Pensacola, that similar resource
              management surveys will be conducted in other parts of the state in the future.

              MAPLE LEAF SHIPWVRECK ARCHAEOLOGICAL PROJECT
     I           ~~~Another important project in which the Division of Historical Resources is
              involved is the Maple Leaf Shipwreck Project. The Maple Leaf was a supply vessel
              for the Union Navy in Florida during the Civil War. In 1864, while sailing north
    I       ~ ~from Palatka to Jacksonville, the ship struck a Confederate mine and sank.
              Union forces were only able to salvage a small amount of the Maple Leaf 's
              extensive cargo and then abandoned the ship. In the late nineteenth century the
    I       ~ ~wreck was partially blasted as a navigation hazard, and then forgotten. In 1984,
              the site of the Maple Leaf was rediscovered by a Jacksonville dentist who had
              researched the history of the ship and searched extensively for it. He
              subsequently formed Saint Johns Archaeological Expeditions Inc., a non-profit
              research group, which received an Archaeological Research Permit (1A-32) from
              the Bureau to conduct limited archaeological excavation of the site. Beginning in
              1987, the project was awarded state and federal grants. The archaeological
              excavations have shown that the site is of national historical significance as the
              vessel was loaded with some 400 tons of military and personal- artifacts of the Civil
              War period. As of the 1994 archaeological season only about one percent of the
              ship's hull has been excavated. The project directors have halted further
              excavations until 1996 in order to complete necessary artifact conservation work.
              They have developed an outstanding archaeological conservation laboratory and
              museum exhibits in Jacksonville and Tallahassee. They have also developed a
              traveling exhibit for educational purposes.
     I           ~~~The Maple Leaf is outstanding an example of a government supported,
              nationally significant project involving a non-profit organization, a volunteer
              base, university cooperation, museum exhibits, book and report publications, and
    B       ~ ~no sale of artifacts for commercial gain. The Bureau of Archaeological Research
              has provided technical assistance and has guided the development of the project
              since the beginning. This type of project will serve as a model for future
              public/private projects in Florida which maximize the public benefit.

                                                   33

    HALF-MILE RISE ARCHAEOLOGICAL PROJECT

       In the spring of 1983, the Half-Mile Rise Archaeological Project began with
    sponsorship of the Florida Division of Historical Resources, the Florida Museum
    of Natural History, Florida State University, and (since 1987) the National
    Geographic Society. The Project consists of archaeological excavations in a small
    section of the Aucilla River southeast of Tallahassee. First investigated by divers
    in the early 1960s, the area has yielded numerous Pleistocene fossil remains, as
    well as prehistoric artifacts of Archaic and Paleoindian age. These sites are
    important, partly because they contain deposits that are well stratified and not
    dispersed.

       There are a total of about 45 known sites in the Aucilla and Wacissa Rivers, as
    well as offshore in Apalachee Bay. As part of the search for intact Paleoindian
    cultural remains, three Aucilla River sites have been the subject of small test
    excavations, and a fourth, the Page-Ladson site, has been the subject of larger,
    formal excavation. Two of these sites have produced artifacts and mega-fauna
    remains from in situ, contemporary levels. The Aucilla River sites have taken on
    important national and international significance. In October 1993, a seven and a
    half foot mastodon tusk, showing six cut marks caused by stone tools, was
    excavated from sediments at a depth of 30 feet. The tusk was carbon-dated to
    12,200 years BP by associated organic remains, which suggests that this may the
    oldest known butchering site in North America. This discovery is causing
    scientists to rethink existing theories about the migration patterns of early man in
    North America. The Half-Mile Rise Project has proven to be a successful model of
    cooperation between private landowners, amateur and professional
    archaeologists, and sport divers, in the investigation of this unique archaeological
    resource.

    FEDERAL MANAGEMINT OF STATE-OWNED SUBMERGED CULTURAL
    RESOURCES

       The federal government is responsible for managing state-owned submerged
    cultural resources located in units of the national park system, the national
    wildlife refuge system, and the national marine sanctuaries system in Florida.
    There are several types of arrangements which exist between the federal
    government and the state regarding ownership of these lands and management
    of natural and cultural resources found on them.

       The Bureau has worked closely with NOAA in developing a plan for
    managing submerged cultural resources situated in the Florida Ke~is National
    Marine Sanctuary (FKNMS), as part of a larger resources management plan for
    the Sanctuary. The Bureau has also cooperated with units of the National Park
    Service in Canaveral and Gulf Islands National Seashores. Recommendations
    for further cooperation between the State of Florida and the Federal Government
    are made in Chapter Five.

                                       34

              STATE MdANAGEMIENT OF FEDERALLY OWNEDSIPWES
    I'          ~~~The federal government maintains ownership of U.S. and Confederate
              warships located in Florida waters. In addition, -under international common
              law and on behalf of other sovereigns, the federal government is responsible for
              protecting foreign flag warships and other foreign flag vessels entitled to
              sovereign immunity located in Florida's waters. The complexities of joint
              jurisdiction over these resources require frequent commnunication and inter-
              agency cooperation, especially in regard to resource protection, law enforcement,
              interpretation, and public Access. Recommendations for further cooperation of
              the State of Florida with the Federal Government are made in Chapter Five.
                 The Legacy Resource Management Program (RMP) was established by
              Congress through the Department of Defense (DOD) Appropriations Act, Section
    I       ~ ~~8120 of 1991, to help the Department of Defense enhance its cultural and natural
              resource stewardship of more than 25 million acres of land under its jurisdiction.
              Legacy activities integrate the management of these resources with the DOD
    I       ~ ~mission and the public interest. The mandate of the Legacy Resource
              Management Program includes working with state agencies to protect both
              natural and cultural resources. Archaeological resource protection (both on land
    I       ~ ~and underwater), conservation, and management are all important elements of
              this program. Defense Departments concerned are: Air Force, Army, Army
    g        ~~Corps of Engineers, Marines, and Navy.
                  States are permitted to apply for Legacy funding to develop natural and
              cultural resource management plans. In Florida waters there are a number of
    I       ~ ~shipwrecks owned by the US Navy, General Services Administration (GSA),
              foreign governments, and private parties. In August 1994, the Division of
              Historical Resources submitted a proposal and an application for a Legacy Grant
              to work with the US Navy to develop management plans for Navy wrecks in
              Florida waters, including archival and other research work, survey, inventory,
              and assessment. Should the application be approved, the project will be
    5        ~~coordinated with the Naval Historical Center in Washington DC.

                                                  35

                      FLORIDA LAWS AND) RULES CONCERNING
      I                ~~SUBMERGED CULTURAL ]RESOURCES

     I           ~~~The most important state law concerning management and protection of
              archaeological and historic sites is the Florida Historical Resources Act.

              FLORIDA HISTORICAL RESOURCES ACT, CHAPTER 267, FLORIDA
    5         ~STATUTES
                  The Florida Historical Resources Act, Chapter 267, Florida Statutes, declares
              that it is State policy to (1) provide leadership in the preservation of the state's
    I       ~ ~~historic resources; (2) administer state-owned or state-controlled historic
              resources in a spirit of stewardship or trusteeship; (3) contribute to the
              preservation of non-state-owned historic resources and to give encouragement to
              organizations and individuals undertaking preservation by private means; (4)
              foster conditions, using measures that include financial and technical
              assistance, for a harmonious coexistance of society and state historic resources;
    I'      ~ ~(5) encourage the public and private preservation and utilization of elements of the
              state's historically built environment; and (6) assist local governments to expand
              and accelerate their historic preservation programs and activities.
     I          ~ ~~~The Act states that all treasure trove, artifacts, and such objects having
              historical or archaeological value which have been abandoned on state-owned
    I         ~~submerged lands belong to the state, with management responsibility and title
              assigned to the Division of Historical Resources. Generally encompassed in the
              definition of state-owned submerged lands are the unconveyed bottoms of
              navigable streams and rivers, lakes, bays, and the adjacent bottoms of the Gulf of
              Mexico and the Atlantic Ocean. Florida's waters extend from the shoreline 3
              marine leagues (approximately 10 geographical miles) in the Gulf of Mexico and 3
    I         ~~geographical miles in the Atlantic Ocean.
                  The Act covers a wide range of responsibilities pertaining to archaeology and
              historic preservation, including providing the basis for archaeological and
    I       ~ ~~architectural surveys, encouraging rehabilitation of existing historic structures
              for use by public agencies, encouraging private stewardship of archaeological and
              historical resources by easements, tax credits and other means, developing
    I       ~ ~comprehensive statewide historic preservation plans, identifying and nominating
              eligible properties to the National Register of Historic Places, and establishing
              programs and policies to encourage preservation of historic resources for the
    I       ~ ~~public welfare. The Act provides for the creation of a Museum of Florida History.
              This Museum in Tallahassee attracts some 150,000 visitors each year from across
              the State and country. The Act also promotes historic preservation through public
    I       ~ ~grants. Since 1987, grants have been provided for underwater archaeological
              projects, as well as the more traditional uplands archaeological and architectural
              projects.
     I            ~~~~The Act also provides for penalties for disturbing archaeological sites without
              authorization. In 1993, the penalty section was amended following a legislative

                                                  36

    I         ~~~review of historic preservation laws and policies in Florida by the Florida Senate
              Committee on Governmental Operations in 1991. The 1993 amendments
              increased penalties generally, including making disturbance of historical
              resources by means of unauthorized excavations a felony of the third degree. In
              recognition of the limited, archaeological significance of certain artifacts
              compared to the severity of penalties for their unauthorized collection, the
              Division is developing a program to allow recovery of isolated artifacts from river
              bottoms. This issue is addressed in the recommendations in Chapter Five.

              FOSSIL PERMIT, CHAPTER 240, FLORIDA STATUTES
                  Chapter 240, Florida Statutes, establishes procedures for scientific study of
              fossil remains in Florida. In order to protect and preserve vertebrate fossils and
              paleontology sites, the State of Florida has declared that all vertebrate fossils
              found on state-owned land belong to the state with title vested in the Florida
              Museum of Natural History. Field investigations of vertebrate fossils on land or
              under water may be conducted after obtaining a permit issued by the Museum's
              Program of Vertebrate Paleontology. The statute and permit cover all vertebrate
              fossils, including bones, teeth, natural casts, molds, impressions, and other
              remains of prehistoric fauna. Fossil sharks teeth are specifically excluded from
    I       ~ ~~these regulations, as are fossil plants and invertebrates, including shells. A
              permit is not required for happenstance or casual retrieval of fossils, but the law
              is intended to regulate the buying, selling or trading of vertebrate fossils found on
    S       ~ ~state-owned land, or systematic and continued collection from a paleontological
              site.

             I~~~~~~~~~~~~~3

                               FEDERAL LAWS CONCERNING
                          SUBMERGED CULTURAL RESOURCES

     I           ~~~There are a number of laws with provisions for protection of archaeological
              and historic sites on federal lands. One of the most important of these pertaining
              to underwater sites in Florida is the Abandoned Shipwreck Act of 1987 along with
    I       ~ ~its implementing Abandoned Shipwreck Act Guidelines issued in 1990. Chapter
              Four is devoted to this important law and its Guidelines. Some other important
              federal laws are discussed here.

              Submerged Lands Act, 1953 (43 U.S.C. 1301 ET SEQ). (P.L. 83-31)

                  This Act conferred ownership on U.S. States of all lands beneath navigable
              waters in the state. This included lakes and other navigable bodies of water
    I       ~ ~~within state boundaries. In general this jurisdiction extended three miles out
              from the coast, except for the Gulf coast states of Texas and Florida and
              surrounding Puerto Rico. The Act was intended to protect natural resources and
              did not mention cultural resources. This omission notwithstanding, beginning in
              1963, a total of thirty states and trust territories enacted antiquities legislation
              which asserted title to, and regulatory control over submerged cultural resources
    *        ~~~in their waters.

                  In 1979 the first use was made by treasure hunters (in Florida) of the
              mechanism of "admiralty arrests" under federal common law principles to claim
              ownership of shipwrecks for salvage. In cases in several states, Federal courts
              ruled that the Submerged Lands Act did not specifically assert U.S. title to
                shpwrecks and transfer that title to the States. Not until the Abandoned
    I        ~~~Shipwreck Act became law in 1988 was title to shipwrecks explicitly conveyed by
              the U.S. to the States. This issue is discussed more fully in Chapter Four.

              National Historic Preservation Act~, 1966 as amended
    '3        ~~~~PJ.L. 96-515 1980,16 U.S.C. 470a et seq).

                  The National Historic Preservation Act is the basic federal law for
              identification, designation, and protection of historical resources. The Act
              establishes as Federal policy the protection of historic sites and values in
    I        ~~cooperation with other nations, States, and local governments. The Act
              establishes the National Register of Historic Places (NRHP) and the National
              Historic Landmark (NHL) program. The Act establishes a program of grants-in-
    a        ~~~aid to states for historic preservation activities and establishes the Historic
              Preservation Fund to carry out the provisions of the Act. Subsequent
              amendments designated the State Historic Preservation Officer (SHPO) as the
              individual responsible for administering programs in the States. The Act also
              created the President's Advisory Council on Historic Preservation. Federal
              agencies are required to consider the effects of their undertakings on historic
              resources, and to give the Advisory Council a reasonable opportunity to comment

                                                  38

              on those undertakings. The Act also authorizes the Secretary of the Interior to
              expand and maintain a National Register of Historic Places.
                  Section 106 of the Act establishes procedures to protect important historical
              sites from adverse impact during federally involved undertakings. Section 110
              concerns the responsibilities of federal agencies to locate, inventory, and
              nominate eligible sites to the National Register. Shipwrecks can benefit from
              these and other provisions of the Act.

              Coastal Zone MaaeetAct, 1972
               (P.L. 92-583, as amended; 86 Stat. 1280; 16 U.S.C. 1455, U.S.C. 1456 et seq).
                  The federal Coastal Zone Management Act was passed by Congress in 1972,
              "to preserve, protect, develop, and where possible, to restore or enhance, the
    I       ~ ~~resources of the Nation's coastal zone for this and succeeding generations." It
              was recognized that there was a need to protect and manage the natural and
              cultural resources of the 35 coastal states and territories of the USA. Since
    I       ~ ~~passage of the Act, almost all of these states and territories have developed a
              network of agencies to work toward common goals of conservation. Experience
              has shown that no one agency or level of government can effectively deal with al
    I       ~ ~of the issues of coastal management.  In recent years, coastal and submerged
              cultural resources have been given greater consideration in coastal management
              by both federal and state authorities.
                  The State of Florida. has participated in the federal coastal management
              program since its inception, and has developed and designed state programs to
    I       ~ ~protect the State's environmental resources and manage the development of the
              coasts and interior. Development of a formal coastal management program for
              Florida began with state legislation in 1978. In 1992, Florida law was changed
              such that the Florida's Coastal Management Program was relocated to the
              Department of Community Affairs. The main goal of this move was to provide the
              Coastal Resources Interagency Management Committee (IMC) with the authority
              and resources to serve as a central, coordinating, policy setting, and conflict
              resolution body for statewide coastal issues. The IMC is made up of eleven state
              agencies, including the Department of State. The IMC works to provide
              coordination through the. eleven regional planning councils. The five water
              management districts are being given increasing authority to manage
              development in sensitive coastal areas.
     1           ~~~A Florida Coastal Action Plan has been prepared and adjusted to guide state
              agencies in working together to resolve coastal issues. Section 306 of the Federal
              Coastal Zone Management Act provides for the granting of federal funds to state
    I       ~ ~agencies engaged in coastal management studies. The Department of
              Community Affairs makes these funds available to Florida ageIncies to implement
              statewide policies and to resolve coastal issues. The current action plan of the
    I       ~ ~Florida Coastal Management Program promotes management of coastal
              resources by encouraging grant applications for coastal heritage projects.

             I                                    ~~~~~~~~~~~~39

              Marine Protection, Research and Sanctuaries Act (NIPRSA), 1972
     I           ~~~This Act establishes the National Marine Sanctuary Program under the
              National Oceanic and Atmospheric Administration (NOAA). The Act makes
              provision for the protection of submerged cultural resources within national
              marine sanctuaries. The marine sanctuaries sections of the law (Title III of the
              Act) were a product of concerns to protect specific coastal regions. The principal
               purpose of the legislation was identified as protection of threatened coastal and
    I        ~~marine resources.  The mission of the National Marine Sanctuary Program is to
              "identify, designate and manage areas of the marine environment of special
              national significance due to their conservation, recreational, ecological,
              historical, research, educational, or esthetic qualities."
                  The Act and its amendments (1984) authorize the Secretary of Commerce to
    I       ~ ~designate discrete areas as national marine sanctuaries to promote
              comprehensive management of their special ecological,. historical, recreational
              and esthetic resources. National Marine Sanctuaries may be designated in
              coastal and ocean waters, in submerged lands and in the Great Lakes and their

    5           ~~~It is NOAA policy that management of historical and cultural resources,
              including the identification, evaluation, registration, interpretation and
              treatment of historical and cultural resources, shall be consistent with the
    I       ~ ~~declared national policy for the protection and preservation of the resources as
              stated in the National Historic Preservation Act of 1966 (NHPA), and the
              Archaeological Resources Protection Act.
                  In 1975 Key Largo NMS was established in the Florida Keys followed by Looe
              Key NMS in 1981. Looe Key was named after the wreck of HMS Looe (1744), a
    3        ~~~British frigate which lies in the Sanctuary. In 1990, Congress established the
              Florida Keys National Marine Sanctuary (FKNMS), incorporating the entire
              sweep of the Florida Keys, from Biscayne Bay to the Dry Tortugas (and including
    5        ~~the Key Largo and Looe Key Sanctuaries in its boundaries). There are known to be
              significant submerged cultural resources located in the FIKNMS. As part of the
              development process for a management plan for The Florida Keys National
              Marine Sanctuary there have been a number of public forums. The final plan is
              expected before the end of 1994. The submerged cultural resources found in the
              FIKNMS will be managed in the conjunction with the federal government
    3        ~~according to the Guidelines of the Abandoned Shipwreck Act.

                  One of the largest prosecutions anywhere of sport divers taking archaeological
              objects from protected areas occurred in Channel Islands NMS and Channel
    S       ~ ~~Islands National Park, in the Farallon Islands, off the coast of California. In
              October 1987, twenty divers were cited by federal and California law enforcement
              officials for illegal removal of artifacts from two 19th Century shipwrecks located
    I       ~ ~~in these federally protected areas. Several hundred objects were confiscated as
              evidence from one dive charter boat which had returned from a three day dive
              cruise. The case resulted in several convictions and approximately $100,000 in
              total fines.

                                                   40

              Archaeologial and Historic Preservation Act of 1974, as amended.
              (Also known as, Moss-Bennett Act; Archaeological Recovery Act; PX. 93-291;
              Reservoir Salvage Act~, 1960 amended.)
                  Congress amended the Reservoir Salvage Act to extend the provisions of the
              Act to all Federal construction activities and al Federally licensed or assisted
              activities that will cause loss of scientific, prehistoric, or archaeological data. It
              requires the Secretary of the Interior to coordinate this effort, and to report
              annually to the Congress on the program. It permits agencies either to undertake
    U       ~ ~~necessary protection activities on their own or to transfer to the Secretary of the
              Interior up to 1% of the total authorized for expenditure on a Federal or Federally
              assisted or licensed project to enable the Secretary to undertake the necessary
              protection activities.

    I        ~~~National Environmental Policy Acts, 1969 (PRL, 91-190)
                  The National Environmental Protection Act (NEPA) is the basic national
    I       ~ ~~charter for protection of the environment. The Act requires Federal agencies to
              prepare an Environmental Impact Statement (EIS) for every major federal action
              that affects the quality of the human environment, including both natural and
    I       ~ ~~cultural resources. This included archaeological sites. The National
              Environmental Protection Act effectively incorporated archaeology into the federal
              planning process.

              National Parks Acts, 1976 (PJL 91-190)
     I           ~~~~The National Parks Act, 1976 is administered by the National Park Service, a
              branch of the Department of the Interior. The NPS has developed a number of
              cultural resource management plans for individual units of the Park system.
              Units of the NPS in Florida include National Historic Sites, National Parks,
              National Memorials, and National Monuments.
     �           ~~~In 1980 the NPS established a Submerged Cultural Resources Unit based in
              Santa Fe, New Mexico. The Unit has surveyed and inventoried submerged
              cultural resources on federal lands in the continental U.S. and in offshore
    I       ~ ~~territories, especially in- units of the National Park system. Since 1980 they have
              done extensive work ranging from the Great Lakes, to the Aleutian Islands off
              Alaska, to Bikini Lagoon in the Federated States of Micronesia. Perhaps the most
    I       ~ ~~important survey conducted by the unit in Florida waters took place in 1983 in Key
              Biscayne National Park. The unit was requested to conduct the survey as part of
              the investigation surrounding an admiralty arrest on a shipwreck made in 1979
    U       ~ ~~by a sport diver. The site was determine to most likely be that of the HMS Fowey
              (1748).
     3           ~~~The National Park Service has emphasized protection of submerged cultural
              resources as well as recreational diving in at least two National Parks. These are
              Isle Royale National Park in Michigan and Key Biscayne National Park in
    j        ~~~Florida. Maritime history is an important interpretation theme at Isle Royale
              National Park. There are a number of shipwrecks of passenger/package
              freighters which lie within park boundaries. Sport diving is permitted through

                                                   41

              the services of licensed concessionaires. The Park provides information for divers
              on the importance of protecting sites and also on the dangers of diving in the cold
              waters of Lake Superior. The Park Service operates patrol boats that routinely
              check out dive boats. Approximately 22,640 acres of Key Biscayne National Park
              have been designated as a National Park Archaeological District. There are
              known to be at least 43 shipwrecks within this District ranging in age from the
              eighteenth to the twentieth centuries. In 1989 the NPS initiated the Fort Jefferson
              Archaeological Project under the direction of the Submerged Cultural Resources
              Unit. The project accepts a number of volunteer and student divers and is
              expected to continue until at least the mid 1990s. A number of shipwreck sites in
              the park have been mapped. The National Park Service also administers the
              National Seashore System. Canaveral National Seashore and the Gulf Islands
              National Seashore are the units in the State of Florida.

    I        ~~Archaeological Resources Protection Act of 1979 (ARPA)
                    This Act supplements the provisions of the Antiquities Act of 1906, finding
              that previously existing Federal laws at that time did not provide adequate
              protection to prevent loss and destruction. The Act defines the term
              "archaeological resource'" and determines the age at which an item can be
    I       ~ ~~termed an archaeological resource as being at least 100 years of age. The Act
              makes it illegal to excavate or remove from Federal or Indian lands any
              archaeological resources, or to attempt to commit these acts, without a permit
    I       ~ ~from the land manager. Permits may be issued only to educational or scientific
              institutions, and only if the resulting activities will increase knowledge about
              archaeological resources. Major penalties for violating the law are included. The
              Act authorizes the Secretary of the Interior to promulgate regulations for the
              ultimate disposition of materials recovered as a result of permitted activities.
              Permits for archaeological work on tribal lands cannot be issued without the
              consent of the Indian Tribe. The Act includes all portions of shipwrecks
              including, but not limited to, armaments, apparel, tackle, and cargo.

             I~~~~~~~~~~~~4

    SOURCES:

    Abandoned Shipwreck Act (1987) (P.L. 100-298; 43 U.S.C. 2101-2106).

    Alexander, Bruce E.
    1989   Treasure Salvage Beyond the Territorial Sea: An Assessment and
           Recommendations. Journal of Maritime Law and Commerce 20(1):1-19.

    Amer, Christopher
    1994a  Deputy State Archaeologist for Underwater, South Carolina Institute of
           Archaeology and Anthropology. Letter to Louis Tesar, Bureau of
           Archaeological Research, February 11, 1994. Re: Sport Diver Archaeology
           Management Program.

    1994b  Personal Communication, March 16.

    Bonet, Walter A. Cardona
    I1990   Letter to Roger Smith, May 28.

    1991   Letter to Roger Smith, December 2.

    Carell, Toni
    1989   Underwater News - Marshall Islands - Bikini Atoll. Society for Historical
           Archaeology Newsletter 22(4):26-27.

    Christie, Donna R.
    1989   Marine Salvage, Finds and Historic Preservation, Florida's Management
           of Historic Shipwreck Sites. pp. 39-48 in Florida's Ocean Future: Toward
           A State Ocean Policy. Florida State University, Tallahassee.

    Christie, Donna R.
    1989   The Florida Coastal Management Program. pp. 49-56 in Florida's Ocean
           Future: Toward A State Ocean Policy. Florida State University,
           Tallahassee.

    Clausen, Carl. J. and Robert F. Burgess
    1982   Florida's Golden Galleons: the Search for the 1715 Spanish Treasure
           Fleet. Florida Classic Library, Port Salerno.

    Collins, Scott E.
    1989   Managing Historic Shipwrecks in the United States. Coastal
           Management 17(4):309-322.

    Department of the Interior, National Park Service.
    1989   Abandoned Shipwreck Act Guidelines; Proposed Guidelines; Notice.
           Federal Register, volume 54, number 63, pages 13642-13658.

    Department of the Interior, National Park Service.
    1990  The Abandoned Shipwreck Act Guidelines. Federal Register, Vol. 55, No.
          233, pages 50116-50145.

                                       43

    Dromgoole, Sarah and Nicholas Gaskell
    1993   Who Has the Right to Historic Wrecks and Wreckage. International
           Journal of Cultural Property 2(2):217-273.

    English, Dennis
    1977 Historic Sites and Properties Advisory Council meets. Archives and
         History News 7(4):2.

    Fisher, George R.
    1989   Underwater News - Wreck Divers Cited for Artifact Removal from
           Protected Shipwrecks. Society for Historical Archaeology Newsletter
           20(4):39.

    Florida Antiquity
    1994   New Evidence Found of Paleo Indian in Florida: Mastodon Tusk Adds to
           Debate Over Eastern U.S. Inhabitants. Florida Antiquity 4(3):1, 5.

    Florida Coastal Management Program
    1993    Interagency Management Committee. Coastal Currents - Florida
           Coastal Management Program 1(1):3.

    Florida Coastal Management Program
    1994    From the Director of the Program. Coastal Currents - Florida
           Coastal Management Program 2(3):5.

    Florida Department of State
    1974   Underwater archaeological exploration, salvage and research on
            historic shipwreck sites. Archives and History News 5(2):1-3.

    1987   Urca de Lima Underwater Archaeological Preserve (brochure). Bureau
           of Archaeological Research, Tallahassee.

    1989a   U.S.S. Massachusetts: Background Information, Bureau of
           Archaeological Research, Tallahassee.

    1989b  Establishing U.S.S. Massachusetts as a State Underwater Park. Bureau
           of Archaeological Research, Tallahassee.

    1989c   U.S.S. Massachusetts as an Underwater Archaeological Preserve.
           Bureau of Archaeological Research, Tallahassee.

    1990    San Pedro Underwater Archaeological Preserve (brochure). Bureau of
           Archaeological Research, Tallahassee.

    1990b City of Hawkinsville: A Sunken Steamboat Nominated for an Underwater
           Park, Dixie County, Florida. Bureau of Archaeological Research,
           Tallahassee.

    1990c  Suwannee River Underwater Steamboat Park. Bureau of Archaeological
           Research, Tallahassee.

                                      44

    1992    City of Hawkinsville Underwater Archaeological Preserve (brochure).
           Bureau of Archaeological Research, Tallahassee.

    1993a   U.S.S. Massachusetts Underwater Archaeological Preserve (brochure).
           Bureau of Archaeological Research, Tallahassee.

    1993b  Florida's Shipwreck Preserves: A Compilation of Sources on Establishing
           State Underwater Archaeological Preserves. Bureau of Archaeological
           Research, Tallahassee.

    1994   SS Copenhagen Underwater Archaeological Preserve (brochure). Bureau
           of Archaeological Research, Tallahassee.

    Florida Senate Committee on Governmental Operations
    1991   (Senator Jeanne Malchon, Chairman), A Review of the Historic
           Preservation Laws and Policies in Florida. Tallahassee: Senate
           Committee on Governmental Operations, September 1991.

    1992 Supplement to Florida Statutes 1991. Chapter 267 F.S.

    Florida Trust for Historic Preservation and the Bureau of Historic Preservation
    1992   Steamboat named as underwater archaeological preserve. Florida
           Preservation News September/October.

    Franklin, Marianne, John William Morris III and Roger C. Smith
    1_992   Submerged Historical Resources of Pensacola Bay, Florida. The
           Pensacola Shipwreck Survey, Phase One, 1991. Bureau of Archaeological
           Research, Tallahassee.

    Griffin, John, Marsha Chance, Louis Tesar, Carl Clausen, Marion Almy, Irving
    Eyster.
    1983 Preliminary Report of the Florida Archaeological Committee on
          Underwater Archaeological Resource Treatment. Florida Archaeological
          Council.

    Half Mile Rise Archaeological Project
    1986-1994   Half Mile Rise Times. Volumes I-VI, Florida Museum of Natural
                History, Gainesville.

    Historical Research and Development, Inc.
    1989   Urca De Lima - Underwater archaeological preserve. HRD News:
           Newsletter about Archaeology, History and Science 1 (4,5 &6).

    1990a  San Pedro Underwater Archaeological Preserve. HRD News: Newsletter
           about Archaeology, History and Science 2(1).

    1993   The City of Hawkinsville: State of Florida underwater archaeological
           preserve. HRD News: Newsletter about Archaeology, History and Science
           4(4).

                                      45

    U        ~~Johnston, PF
              1993   Treasure Salvage, Archaeological Ethics and Maritime Museums.
     I              ~~~~International Journal of Nautical Archaeology 22(l):53-60.
              Langley, Susan B.M. and Richard W. Unger
              1984   Nautical Archaeology: Progress and Public Responsibility. British
                     Archaeological Reports International Series 220. Oxford.
    3        ~~Lockery, Andrew
              1985   Marine Archaeology and the Diver.  Atlantis Publishing, Toronto.
              Marine Archaeological Council, Inc. and Bureau of Archaeological Research
              1993   A Proposal to Establish the Shipwreck Copenhagen as a State Underwater
                     Archaeological Preserve. Bureau of Archaeological Research,
      3              ~~~~Tallahassee.
              Maryland Department of Housing and Community Development
              1994   Maryland to create first State Underwater Archaeological Dive Preserve.
     I            ~ ~~~~Division of Historical and Cultural Programs.
              McDonald, Kendall and Roger Jefferis.
    I       ~ ~1967   The Wreck Hunters. The Adventurers Club, London.
              Michigan Underwater Preserve Council, Inc.
    3         1~~993   Diving Michigan's Underwater Preserves 1993. Maritime Press, St.
                     Ignace.
              Miller, James J.
    I      ~ ~1985   Florida's Exploration and Contract Program for Historic Shipwrecks.
                     Paper presented at the Second Annual Greater Ft. Lauderdale Shipwreck
                     Symposium, July 31 to August 4, 1985. Florida Bureau of Archaeological
                     Research, Tallahassee.
              1986a  History of Public Archaeology in Florida. Paper presented at the 50th
                     annual Meeting of the Florida Academy of Sciences, Gainesville, Florida,

    I         1986bL%  Exploration and Salvage of Historic Shipwrecks in Florida Waters. Paper
                     presented at the Seventeenth Annual Meeting, Conference on Underwater
      3              ~~~~Archaeology, January 8-12, 1986, Sacramento, California.
              1986c  Twenty Years of Federal Archaeology in Florida. Paper presented at 1986
                     Southeastern Archaeological Conference, November, 1986, Nashville,
                     Tennessee.
              1986d  Exploration and Salvage of Historic Shipwrecks in Florida Waters. Paper
                     presented at on Seventeenth Annual Meeting, Conference on Underwater
                     Archaeology, January 8-12, 1986, Sacramento, California.

              1989   Managing Florida's Historic Shipwrecks. Paper presented at First
     3            ~ ~~~Archaeological Congress and Conference on Historical and Underwater
                     Archaeology, Baltimore, Maryland, January 7, 1989.
                                                 46

    Nelson, Robert H.
    1989   Guiding the Ocean Search Process: Applying Public Land Experience to
           the Design of Leasing and Permitting Systems for Ocean Mining and
           Ocean Shipwrecks. Ocean Development and International Law 20(6):577-
           600.

    North Carolina Department of Cultural Resources
    1987   USS Huron Historic Shipwreck Preserve. (brochure). North Carolina
           Department of Cultural Resources, Kure Beach.

    O'Connell, D.P.
    1984   Salvage. In The International Law of the Sea. Volume II. Clarendon
           Press, Oxford.

    O'Keefe, Patrick J.
    1978   Notes and News: Maritime Archaeology and Salvage Laws. Some
           Comments Following Robinson Versus the Western Australian Museum.
           International Journal of Nautical Archaeology 7(1):3-7.

    O'Keefe, P.J. and Prott, L.V.
    1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
           Professional Books, Ltd., Abingdon, Oxon, England.

    Partnership for Livable Places and the National Trust for Historic Preservation
    1988   Historic Shipwrecks: Issues in Management. Partnership for Livable
           Places, Washington, D.C.

    Peebles, Giovanna N.
    1994   Personal communication, Vermont State Archaeologist, March 29.

    Rhinehart, Greg
    1994 Personal Communication, Alabama Historical Commission, February 24.

    Runyan, Timothy J.
    1990 Shipwreck Legislation and the Preservation of Submerged Artifacts. Case
           Western Reserve Journal of International Law 22(1):31-45.

    Skowronek, Russell K., Richard E. Johnson, Richard H. Vernon, George R.
           Fischer
    1987   The Legare Anchorage Site - Grave of HMS Fowey, Biscayne National
           Park, Florida. The International Journal of Nautical Archaeology.
           16(4):313-324.

    Smith, Roger C.
    nd     Discovering Underwater Archaeology in Florida: What to do when you
           find an archaeological site under water, unpublished.

    1990   Establishing an Underwater Archaeological Preserve in the Florida Keys.
           Florida Archaeological Reports 7. Bureau of Archaeological Research,
           Tallahassee.

                                      47

    1        ~~~1992   A proposal to establish the USS Massa chusetts as a state underwater
                     archaeological preserve. Bureau of Archaeological Research,
     I              ~~~~Tallahassee.
              Smith, Roger C., Robert Finegold and Eric Stephens
              1990   Establishing an Underwater Archaeological Preserve in the Florida Keys:
                      18.Case Study. Association for Preservation Technology Bulletin 22(3):11-

    I        ~~~Terrell, Bruce
              1990   Louisiana Submerged Cultural Resource Management Plan. Division of
                     Archaeology, Office of Cultural Development, Department of Culture,
                     Recreation, and Tourism, Baton Rouge.
              Thompson, Bruce
              1994   Personal commnunication, Assistant Underwater Archaeologist, State of
                      Maryland, March 1.

              UNESCO
              1981   Protection of the Underwater Heritage. UNESCO, Paris.
              U.S. Department of the Interior, National Park Service.
              1990   Federal Historic Preservation Laws. National Park Service, Cultural
                      Resources Programs, Washington, D.C.

    1        ~~1994   Departments and Agencies; Government, the Public and the Law. CRM:
                     Archaeology and the Federal Government (17)6: 29-36.
    I        ~~Vermont Department of State
              1982   Vermont Underwater Historic Preservation: A guide to the state law and
                     permit procedures for Divers in Vermont. Agency of Development and
                      Community Affairs.
              197   An introduction and resource guide to underwater archaeology in
                      Vermont. Division of Historic Preservation.
              Vrana, Kenneth J. and Edward Mahoney, (eds.).
    I       ~~1993   Great Lakes Underwater Cultural Resources: Important In formation
                     For Shaping Our Future, Proceedings of the Great Lakes Regional
                     conference on Underwater Cultural Resource Policy, February 3-4, 1993,
      I            ~~~~Michigan State University. Department of Park and Recreation
                      Resources, East Lansing.
    3        ~~Wilford, John Noble
              1994   Mastodon Findings Raise Question on Human Routs: Hunters Were in
                      East First, Scientist Says. New York Times: A8, Wednesday June 8.

            1                                  ~~~~~~~~~~~~48

          I                           ~~~CHAPTER FOUR

                 FLORIDA'S MANAGEMENT STRATEGIES
                                            AND THE
                         ABANDONED SHIPWRECK ACT
                                         GUIDELINE S

                  This chapter discusses one of the most important pieces of Federal legislation
              pertaining to Florida's submerged cultural resources, the Abandoned Shipwreck
    I       ~ ~Act of 1987. It also examines the Abandoned Shipwreck Act Guidelines issued by
              the National Park Service, with attention to their applicability for Florida's
    3 ~~management program.

              BACKGROUND
                  Florida, like most other states, claims title to abandoned shipwrecks on its
              sovereignty submerged lands. Beginning in 1979, in a series of precedent setting
    I       ~ ~~cases in Florida, a federal district court found the state's authority in conflict with
              federal admiralty law. While the Submerged Lands Act of 1953 had clearly
              established states' ownership of natural resources within their sovereignty lands,
    I       ~ ~no explicit assignment of cultural resources had been made. The Southern
              District Court asserted its jurisdiction over a series of shipwrecks of the 1715 fleet
              that were arrested in admiralty, declaring the state's title and management
    I         ~~scheme void.
                  Florida appealed the court's decision, then later dropped the appeal in an out-
              of-court settlement agreement executed in June of 1983. In the agreement, the
              Florida Department of State recognized the court's jurisdiction over those
              shipwreck sites that were the subject of admiralty arrest. The salvors agreed to
              enter into salvage contracts with the state following guidelines to be jointly
              developed by the state and the salvor. The court adopted the settlement
              agreement, the contract arrangement, and the guidelines as a means of
              administering the salvage activity under its jurisdiction, and the arrangement
              continues unchanged more than eleven years later.
                  The implications of the settlement were far reaching. Once the jurisdiction of
    I       ~ ~~federal admiralty court was established to be superior to state laws concerning
              ownership or historic preservation, it became possible for virtually any claim to be
              recognized by any district court. From 1983, when the settlement agreement was
    I       ~ ~executed, to 1988, when the Abandoned Shipwreck Act became law, more than
              fifty federal admiralty claims were filed in Florida federal district courts. Other
              coastal and Great Lakes states also found their ownership of shipwreck sites on
    I       ~ ~their submerged lands to be challenged. Each case represented a new
              interpretation of the admiralty court's control over historic shipwreck sites and
              archaeological controls, often in the absence of any experience or expertise in
                                                 49

    I        ~~~such matters. Archaeologists, historic preservationists, state governments, and
              others began quickly to prepare legislation to resolve the conflict in jurisdiction
              and to stem the loss of historic shipwreck sites to commercial salvage. Nearly five
              years after the Florida federal court successfully asserted its jurisdiction in state
              waters, the Abandoned Shipwreck Act finally became law.

              THE ABANDONED SHIPWRECK ACT
    5        ~~~(PJ.L. 100-298;- 43 U.S.C. 2101-2106)
                  The Abandoned Shipwreck Act of 1987, which went into affect April 28, 1988,
              asserted federal title to abandoned shipwrecks located in or on submerged lands of
    I       ~ ~~a state and meeting certain criteria of embededness and historical significance.
              The Act then transferred that title and ownership from the federal government to
              the states. Exceptions were shipwrecks located in or on the public lands of the
    I       ~ ~United States (which remain the property of the Federal Government), and
              shipwrecks on Indian lands (which are the property of the Indian tribe owning
              such lands). States are charged with managing shipwrecks in ways that protect
    I       ~ ~~natural resources and habitat areas, guarantee recreational exploration, and
              allow for public and private sector recovery that is consistent with historical
              values and environmental integrity.
                  Shipwrecks that fall under the Abandoned Shipwreck Act are those that are
              embedded in the submerged lands of a state, or embedded in coralline formations
              protected by a state; or those on submerged lands of a state and included in or
              determined eligible for inclusion in the National Register of Historic Places. A
              shipwreck can be eligible for the National Register if it is associated with events or
              persons significant to U.S. history; or if it represents distinctive characteristics of
              a type, period, or method of construction; or if it has yielded, or is likely to yield,
              information important in prehistory or history.
     I           ~~~The ASA provides a number of definitions, including: shipwreck, abandoned
              shipwreck, historic shipwreck and non-historic shipwreck. A shipwreck means
              a vessel or wreck, its cargo, and other contents. The vessel or wreck may be intact
    I       ~ ~~or broken into pieces scattered on or embedded in the submerged lands or in
              coralline formations. Isolated artifacts and materials not in association with a
              wrecked vessel, whether intact or broken or scattered or embedded, do not fit the
    I       ~ ~~definition of a shipwreck. An abandoned shipwreck is one to which title has
              voluntarily been give up by the owner with the intent of never claiming the right
               or interest in the future and without vesting ownership'in anyone. When the
    I       ~ ~~owner of a sunken vessel is paid the full value of the vessel (for example by an
              insurance underwriter) the shipwreck is not considered to be abandoned. In such
               cases, title to the wrecked vessel is passed to the party who paid the owner.
    I       ~ ~~Sunken warships or other vessels are not abandoned by the flag nation, but
              instead are entitled to sovereign immunity. An historic shipwreck is one that is
               listed in or eligible for listing in the National Register of Historic Places. A non-
    I       ~ ~~historic shipwreck is one that is neither listed in nor eligible for listing in the
               National Register of Historic Places.
     3           ~~~~Section 2 of the Act recognizes that states have the responsibility to manage "a
              broad range of living and non-living resources" in state waters and submerged
               lands. This includes certain abandoned shipwrecks, which have been deserted

             I                                    ~~~~~~~~~~~~50

    I        ~~~and to which the owner has relinquished ownership rights with no retention.
              The States are encouraged to create underwater parks or areas to provide
              additional protection for such resources. Funding to support such management
              strategy is authorized through the Historic Preservation Fund established by the
              National Historic Preservation Act of 1966. The Abandoned Shipwreck Act did not
              affect admiralty claims filed prior to its enactment. Several major challenges to
              the Abandoned Shipwreck Act have been filed in Federal courts since 1988,
              however, none has been successful.

              THE ABANDONED SHIWRMECK ACT GUIDELINES (1990)
     I           ~~~~Section 5 'of the Act instructs the National Park Service to prepare and publish
              guidelines in the Federal Register to encourage states in the development of
              underwater parks and the development of management programs for their
    I       ~ ~historic shipwrecks. The Park Service issued its Guidelines for the Abandoned
              Shipwreck Act in 1990 (Federal Register, vol. 55, no. 233, pages 50116-50145). The
              Guidelines are quite comprehensive. They provide advice to the states and to
    I       ~ ~~federal agencies on how- to effectively manage shipwrecks in waters under their
              ownership or control.
                  An important concept used throughout the Guidelines, is that of public benefit
              or public good (the terms are synonymous). These terms include such concepts as
              long-term protection of submerged cultural resources for future generations,
              creation of public exhibits and museum displays of artifacts recovered from
              shipwrecks, popular publications on shipwreck sites, and other benefits which
              will accrue to the general public. The public benefit or public good are important
    3        ~~~when applied to issues pertaining to private sector recovery of shipwrecks
              (elaborated further in Chapter Five of this management plan). For example, the
              guidelines recommend that all applicants for salvage contracts be required to
              state precisely what they are looking for and why, and what benefits will accrue to
              the public. Applicants should be required to develop an argument for research,
              including excavation of a site, and discuss the positive and negative results of
    I        ~~doing the work.
                  A table was developed which compared the major recommendations of the
              Guidelines with Florida's existing management policies. The Guidelines are
    I       ~ ~~oriented specifically toward shipwrecks. However, for the purposes of this
              management plan, the concept of the Guidelines has been extended to all types of
              underwater sites and the language of the Guidelines in the following section has
    I       ~ ~~been changed to reflect this. The term "underwater sites" is equivalent to several
              other terms in common usage such as "underwater cultural resources",
              "underwater heritage resources", "underwater archaeological resources",
    I       ~ ~~"submerged cultural resources", etc. Consideration of issues pertaining to
               "modern" (defined as being less than fifty years of age) abandoned vessels or non-
              historically significant shipwrecks have been omitted because these are outside

              the scope of Florida's management program.

             I                                    ~~~~~~~~~~~~51

              Part I of the Abandoned Shipwreck Act Guidelines
     I           ~~~~Part I of the Guidelines establishes the basic components or goals of an
              underwater sites management plan:
    U        ~~1.  Locate and identify shipwrecks (underwater sites).

              2. Determine which shipwrecks are abandoned and meet the criteria for
     I          ~ ~~assuming title under the Abandoned Shipwreck Act.

    3        ~~3.  Determine which shipwrecks (underwater sites) are historic.

              4. Identify recreational and other values that a shipwrecks (underwater site)
     I            ~~~~may possess and its current and potential uses.
              5. Provide for the long-term protection of historic shipwrecks (underwater
     3            ~~~~~sites).

              6. Protect the rights of owners of non-abandoned shipwrecks.

    1        ~~7.  Consult and maintain a cooperative relationship with the various shipwreck
                   and (underwater site) interest groups.

    3        ~~8.  Cooperate with state and federal agencies and sovereign nations having an
                  interest in shipwreck management (and the management of underwater
                   sites).
              9. Provide sport divers with reasonable access to explore shipwrecks (and other
                  underwater sites).
    I        ~~10. Provide for public appreciation, understanding, and enjoyment of
                   shipwrecks, maritime history, (and Native American sites).
    I        ~~11. Conduct archaeological research on shipwrecks (underwater sites) where
                   research will yield information important to understanding the past.

    *        ~~~12. Provide for private sector participation in shipwreck (underwater site)
                   research projects.

    I        ~~~13. Provide for commercial salvage and other private sector recovery of
                   shipwrecks when such activities are in the public interest.

                  All of these components are included at least to some extent in Florida's
              management program. The following section summarizes how Florida has
    I       ~ ~attempted to address each issue. Recommendations for improvement are
              discussed in Chapter Five. 'Bureau' refers to the Bureau of Archaeological
              Research.

             I                                    ~~~~~~~~~~~~52

              1. Locate and identify shipwrecks (underwater sites).
                  The Bureau responds to occasional reports of site discoveries received forom
    I       ~ ~~the public and government agencies. However, ability to respond is limited by a
              lack of staff and other resources. The Bureau works in conjunction with the
              Bureau of Historic Preservation to provide grant program support for surveys and
    I       ~ ~~inventories and cooperates in design and review of inventories conducted in
              accordance with Section 106 of the National Historic Preservation Act and other
    3        ~~mandates. Previously unknown shipwrecks are sometimes discovered by private
              contractors conducting exploration and salvage activities and these are added to
              site inventories. The Bureau has conducted survey and inventory activities in
              conjunction with establishing Underwater Archaeological Preserves at the San
    I       ~ ~Pedro and City of Hawkinsville shipwrecks. The Bureau does not conduct survey
              and inventory activities on a routine basis and only a small proportion of the
              state's submerged sites are known. The Bureau maintains underwater site
              records in the Florida Site File. The Pensacola Shipwreck Survey, initiated in
              1991, is the most important initiative of the Bureau in developing techniques for
    g        ~~~locating and identifying shipwrecks in a limited geographic area.

              2. Determine which shipwrecks are abandoned and meet the criteria for
                  assuming title under the Abandoned Shipwreck Act.
    3           ~~~~Few of the shipwrecks known as underwater sites are positively identified as
              to name, generally a necessary condition for determining ownership. The
              ownership of military vessels is usually clear, although in the case of the Maple
              Leaf, for example, this matter was taken up by the Federal Admiralty court.
              While it was clear that the vessel was not abandoned, the rightful owner was in
              question. The Bureau also consults with the Florida Division of State Lands
    3        ~~regarding state ownership of submerged lands.

              3. Determine which shipwrecks (underwater sites) are historic.
                  Most sites that appear to be more than fifty years of age are assumed to be
    I       ~ ~~historic. The Bureau can occasionally assist others with nominations to the
              National Register of Historic Places, but the large majority of shipwreck sites fall
    3        ~~~into the "eligible" rather than the "listed" category.
              4. Identify recreational and other values that a shipwreck (underwater site) may
                  possess and the underwater site's current and potential uses.
     I          ~ ~~The Bureau has conducted a limited campaign to solicit nominations for
              prospective sites to add to the State's Underwater Archaeological Preserves
              System. The Bureau, as part of this effort, has begun to coordinate underwater
              site recreational programs with other state and local agencies.
              5. Provide for the long-term protection of historic (and prehistoric) shipwrecks
     I          ~~~~(underwater sites).
                  The Bureau presently uses several mechanisms to protect underwater sites.
              Chapter 267 F.S. makes it illegal to disturb or remove material from state-owned
    3        ~~~sites without the Division's permission. The Bureau endeavors to use other local,
              state and federal legislation as appropriate. The Bureau's Underwater
              Archaeological Preserves system encourages public participation in management
              and protection of sites. The Bureau works in conjunction with other
              governmental agencies to manage Underwater Archaeological Preserves. The
              responsibility for managing Florida's exploration and salvage program provides

                                                   53

    I        ~~~challenging issues for the Bureau for the long-term protection of historic
              shipwrecks.
    1        ~~6. Protect the rights of owners of non-abandoned shipwrecks.
                  The owners of non-abandoned shipwrecks in Florida's waters include the
              United States Federal Government, foreign governments, and private parties.
    I       ~ ~The mandate of the U.S. Department of Defense's Legacy Resource Management
              Program, begun in 1991, includes working with State agencies to protect both
              natural and cultural resources. As of September 1994, the Bureau has completed
    I       ~ ~a proposal for a Legacy Grant to work with the US Navy to develop management
              plans for Navy wrecks in Florida waters. The Bureau's responsibilities would
              include, archival and other research work, survey, inventory, and assessment.
    I       ~ ~Recommendations for further cooperation with the U.S. Navy and foreign
              governments are made in Chapter Five.
    3        ~~7.  Consult and maintain a cooperative relationship with the various shipwreck
                  and (underwater site) interest groups.
                  The Bureau conducts a limited public relations (outreach) campaign, as part
    I       ~ ~~of its efforts to develop working relationships with citizens, support organizations
              for preserves, waterfront businesses, and sport diving training organizations.
              The Bureau has, for example, worked with two archaeological site diving interest
              groups, the Florida based Paleontological and Archaeological Research Team
              (PART) and Marine Archaeological Diving Association (MLADA), in survey efforts
              to locate and map prehistoric sites in rivers and on nearshore submerged lands in
              the Gulf of Mexico. However, Both PART and MADA have since disbanded. The
              Bureau has successfully organized one workshop for sport divers, and has
              developed a sport diver training course manual after review and approval by
              national training organizations. The Bureau has limited resources in all these
              areas, however. The Bureau coordinated several seasons of field work by the
              Underwater Science and Educational Research Program of Indiana University.
              The Bureau has also worked with the Maritime Historical and Archaeological
              Society (MAHS) on projects in the Florida Keys, in conjunction with the National

    I         8~~. Cooperate with state and federal agencies and sovereign nations having an
                 interest in shipwreck management (and the management of underwater
                 sites).
     I         ~ ~~The Bureau routinely cooperates with state agencies, including the Division of
              State Lands; Division of Recreation and Parks; Division of Law Enforcement;
              Florida Marine Patrol; the Florida Game and Freshwater Fish Commission
    I       ~ ~~(GFC); the State Comptrollers Office, Division of Banking and Finance; and the
              Department of Law Enforcement.
     3           ~~~The Bureau also cooperates with federal agencies including the National
              Oceanic and Atmospheric Administration (NOAA), Marine Sanctuaries and
              Estuaries Division; Department of Interior, National Park Service (NPS); Bureau
    3        ~~of Land Management (BLM), Minerals Management Service (MMS); Department
              of Defense, U.S. Army Corps of Engineers, Center for Military History; U.S. Naval
              Historical Center; and the Department of Transportation, U.S. Coast Guard.
     I           ~~~Although no claims of historic shipwrecks have been made by sovereign
              nations to date, the Bureau has occasionally supplied information on underwater

    I        ~~~sites to individuals and governments of other countries upon request. The Bureau
              is in contact with the Interagency Task Force on Underwater Cultural Heritage of
              the Oceans Affairs Division, Marine Law and Policy Section, U.S. Department of
              State in Washington, D.C. This Task Force was recently established to coordinate
              negotiations which might arise from any claims made by foreign nations on
    5        ~~~shipwrecks found in U.S. waters.

              9. Provide sport divers with reasonable access to explore shipwrecks and other
    I           ~~~underwater sites.
                  Access to shipwreck sites and other historic sites by sport divers is not
              restricted by the State of Florida. While there may be unusual circumstances
              under which access would be temporarily limited, the Bureau's policy is to
              encourage public access especially in ways that enhance protection and
              interpretation, as in Underwater Archaeological Preserves.

    5        ~~10. Provide for public appreciation, understanding, and emloyment of shipwrecks,
                  maritime history, (and Native American sites).
                  The Bureau conducts a modest public relations (outreach) campaign; gives
    U       ~ ~~public lectures throughout the State; provides articles for professional and
              popular publications, issues news releases and responds to frequent media
              inquiries. In addition, the Bureau makes loans of artifacts from underwater sites
    I       ~ ~~to private and public museums throughout the state. The Bureau assists in the
              development of museum exhibits concerning shipwreck themes. The Division of
              Historical Resources, of which the Bureau is a part, has, since 1987, awarded
              substantial grants for shipwreck research, interpretation, and exhibits to the
              Maple Leaf Project. The Bureau has prepared and is publishing An Atlas of
              Maritime Florida for students and interested readers. Finally, the Bureau
              cooperates with several university programs to promote shipwrecks and
              underwater studies and programs.
              11. Conduct archaeological research on shipwrecks (underwater sites) where
     I          ~ ~~~research will yield ifomtnimportant to understanding the past.
                  An important initiative of the Bureau has been the Pensacola Shipwreck
              Survey begun in 1991. There have been several limited shipwreck excavation
    I       ~~~projects conducted in the Pensacola area since 1989. One of the most important of
              these has been the 16th-century Emanuel Point Shipwreck, which is possibly one
              of the earliest known shipwrecks in the United States. The Bureau has also
    I       ~ ~~contributed to the excavation of the Maple Leaf by advising on the nature and
              scope of grant-funded activities, and by providing technical assistance. Whenever
              possible, the Bureau conducts research of underwater sites, including survey,
              assessment, mitigation and limited excavation.
              12 Provide for private sector participation in shipwreck (underwater site)
     I          ~ ~~~research projects.
                  The Bureau encourages and supports participation by private sector
              organizations in its underwater sites research projects. Several non-profit and
    I       ~ ~~educational institutions have participated in underwater sites research projects.
              These include PART, MADA, local dive clubs and university students. Through
              the Division's historic preservation grant program, private sector organizations,
    3        ~~~like St. Johns Archaeological Expeditions, Inc., can receive state grant funds to
              participate in and carry out research projects.

             I                                   ~~~~~~~~~~~~55

    13. Provide for commercial salvage and other private sector recovery of
       shipwrecks when such activities are in the public interest.
       The State of Florida has entered into contracts for exploration and salvage of
    shipwrecks by private sector organizations since 1932. Such contracts continue at
    present under strict guidelines, although these are sometimes difficult to enforce.
    Since 1967, Florida has entered into more than 120 contracts for exploration and
    36 contracts for salvage, many of which were several years or more in duration.

    Part II of the Abandoned Shipwreck Act Guidelines

       This section provides advice on how to accomplish the thirteen basic
    components or goals of a shipwreck (underwater site) management plan. The
    Abandoned Shipwreck Act Guidelines outline ten specific guidelines that states
    can use in the management of shipwrecks (underwater sites) in their waters.
    The guidelines as they relate to Florida are:

    (A) Establishing State Shipwreck (Underwater Site) Management Programs
       The Bureau of Archaeological Research works with various interest groups,
    statewide and nationwide to seek input regarding underwater programs. The
    Bureau cooperates with the Division's Bureau of Historic Preservation, Review
    and Compliance Section, regarding review of state and federally involved projects.
    The Bureau of Archaeological Research also cooperates with the Bureau of
    Historic Preservation regarding nominations of underwater sites to the National
    Register. The Bureau's existing personnel, facilities, equipment, and budget are
    inadequate to develop programs to adequately survey and assess the State's
    numerous offshore and inland underwater sites and develop long-term
    management strategies for them.

    (B) Establishing Federal Shipwreck (Underwater Site) Management Programs
       The Bureau of Archaeological Research cooperates with the Federal
    Government to the greatest extent possible in establishing policies and
    management strategies for the protection of all sites located in or on state
    submerged lands located within areas under Federal statute, order or regulation
    (i.e. national park units, national wildlife refuges, and national marine
    sanctuaries).
       The Bureau also works closely with the Army Corps of Engineers to protect
    submerged and coastal cultural resources which might be impacted by dredging
    or other development activities.

    (C) Funding Shipwreck (Underwater Site) Programs and Projects
       The Bureau of Historic Preservation has provided some grant funding for
    underwater projects. Other, specific, projects have been funded through the
    Coastal Zone Program and the legislative appropriation procedures. There is no
    permanent budget, however, for such activities. The Exploration and Salvage
    Field Program is funded annually.

    (D) Surveying and Identifying Shipwrecks (Underwater Sites)
       The Bureau of Historic Preservation has provided some grant funding for
    underwater site survey projects, such as to the Historic Pensacola Preservation
    Board for underwater survey in Pensacola Bay. Coastal Zone funds have also

                                       56

    supported such work. However, there is no permanent budget for underwater
    survey.

    (E) Documenting and Evaluating Shipwrecks (Underwater Sites)
       The Bureau of Archaeological Research operates with a high level of
    archaeological standards on the underwater sites it examines. Resources for this
    work are extremely limited, however. The multi-year Half-Mile Rise Aucilla
    River Project, the Pensacola Shipwreck Survey, and a few other projects have thus
    far been the only systematic program of documenting and evaluating underwater
    sites which has taken place in Florida.
    (F) Providing for Public & Private Sector Recovery of Shipwrecks
        Congress directed the states to allow appropriate public and private sector
    recovery of shipwrecks consistent with the protection of historical values and
    environmental integrity. This is one of the most important guidelines as it relates
    to Florida's Exploration and Salvage Program. The State of Florida has a long
    history of private sector recovery, but this program was established prior to the
    issuing of the Abandoned Shipwreck Act Guidelines. Because this Guideline is so
    important for Florida's Exploration and Salvage Program, it will be more fully
    presented here than the other guidelines.

    Guideline F. - Providing for Public and Private Sector Recovery of
    Shipwrecks

    Guideline 1:
    Establish policies, criteria and procedures for appropriate public and private
    sector recovery of State-owed shipwrecks.

    The State should establish:

    (a) Policies of public and private sector recovery activities (that) would and
    would not be in the public interest;

    (b) Procedures to apply for permits;

    (c) Criteria and procedures to evaluate applications and issue or deny permits,
    (2) permit(s) should ensure that the recovery activity is in the public interest;

    (d) Procedures for the State to monitor permitted work;
    (1) State officials should be given authority to suspend any permit that appears
    not to be in compliance with the permit;
    (2) Work should not resume until the State has conducted a thorough review;

    (e) Procedures for the transfer of title to artifacts.

    Guideline 2:
    Authorize only those recovery activities at State-owned shipwrecks that are in
    the public interest.

                                        57

    I        ~~~To help determine the best interests of the public, the State should consider the
               following:
    I        ~~~(a) Is the subject shipwreck, in fact State owned?
               (b) What are the shipwreck's current and potential future values and uses? Is the
    I       ~ ~~proposed recovery consistent with those values and uses? Will the proposed
               recovery enhance any of those values and uses? Will it irrevocably damage or
               destroy any of those values and uses?
               (c) Is the shipwreck listed in, or determined eligible for inclusion in the National
    3 ~~~Register of Historic Places? Is it a National Historic Landniark?
               (d) Will the proposed recovery result in a nomination to list the shipwreck in the
               National Register of Historic Places or to be designated as a National Historic
    I       ~~Landmark?
               (e) Where the shipwreck is (or may be) historic:
    I       ~ ~~(2) Is the proposed recovery consistent with the State's comprehensive historic
               preservation plan? Will the proposed recovery...
               (3) result in the acquisition of new information or verify historical documentation?
               (4) be conducted in a professional manner to preserve the shipwreck's historic
               information?
               (5) result in the private ownership or sale of any of the artifacts and other
               materials recovered? If so, will those items be properly conserved and studied and
               be made available for public exhibition and interpretation?
               (f) Is the shipwreck located in a State underwater park or preserve? If so, is the
    I       ~ ~recovery consistent with the unit's management plans?

               (g) Is the shipwreck located within a unit of the national park system, the
    I       ~ ~~national wildlife refuge system, the national forest system, or the national marine
               sanctuary system? If so, is the proposed recovery consistent with the unit's
               management plans, the written agreement between the state and the Federal
               land manager, and applicable Federal statutes, regulations, policies, and

    I         ~~~(h) Is the shipwreck located in any other area protected under Federal or State
               statute, order or regulation? If so, is the proposed recovery consistent with the
    3         ~~~area's management plans and applicable statutes, orders, and regulations?
               (i) Is the shipwreck currently being damaged or destroyed by natural processes ,
               by an approved State or Federal undertaking or by other human activity? Is it
               threatened by imminent and unavoidable damage or destruction?
               (j) Where the proposed recovery will damage or destroy the environment
               surrounding the shipwreck, will the area be restored to its original condition?
               (k Will the proposed recovery impede navigation?
    1         ~~~(1) Has the applicant obtained other necessary State or Federal permits?

              Guideline 3:
              Protect particular State-owned shipwrecks from commercial salvage, treasure
              hunting, and private collecting activities.
              Any State'-owned shipwreck that meets any of the following criteria should not
              be available for commercial salvage, treasure hunting or personal collecting.
              (a) Shipwrecks designated as National Historic Landmarks;

              (b) Shipwrecks located in state underwater parks or preserves;

    U        ~~~(c) Shipwrecks located within a unit of the national park system, the national
              wildlife system, the national forest system, or the national marine sanctuary
    3        ~~system
              (d) Shipwrecks located in other areas protected under Federal statute, order or
    *        ~~~regulation.

              Guideline 4:
              Require any recovery at State-owned historic underwater sites to be done in a
              professional manner.

              The recovery operation (whether it is public or private) should be consistent
    I       ~ ~~with the "Secretary of the Interior's Standards and Guidelines for Archaeology
              and Historic Preservation" (48 FR 44716; Sept. 29, 1983) and other applicable
              historic preservation standards and guidelines. At a minimum, any permit,
              should contain the following terms and conditions:
              (a) The permittee has secured other necessary State or Federal permits;
              (b) A professional underwater archaeologist is in charge of planning,
              conducting and supervising the field operations, laboratory analysis, and
              report preparation;
              (c A conservation laboratory is in place prior to commencement of field
    I       ~~~operations and a professional nautical conservator is in charge of planning,
              conducting and supervising the conservation on any artifacts and other
    *     *~~materials recovered from the site;

              (d) Field operations, laboratory analyses, and conservation treatments use
              appropriate scientific methods and techniques and are as non-destructive and
              non-disturbing as possible;
              (e The shipwreck site is fully documented;

              (1' A professional final report is prepared (and approved by the State);

              (g) Copies of all data and records derived from the recovery and analysis are
    I       ~ ~~deposited, stored, and maintained in' the repository named in the permit;

             I                                   ~~~~~~~~~~~~59

              (j) Transferring ownership to any artifacts to a commercial salvor or treasure'
              hunter ... :
              (1) only after field operations and laboratory analysis are completed, the
              recovered items -are conserved, and the final report is approved by the State;
              (2) To the extent possible, the items transferred are preserved and maintained
              as an intact collection and are made available for future study, public
              interpretation and exhibition;
              (k the salvor or treasure hunter posts a performance (surety) bond to cover
    I       ~ ~~costs associated with the recovery (to ensure'that sufficient funds would be
              available to the State to complete the recovery according to the terms and
              conditions of the permit; and
              (1) Information (is) disseminated to the scientific community and to the public.

              Guideline 5:
              Allow public and private recovery activities at non-historic shipwrecks without
              archaeological conditions.

              Guideline 6:
              As appropriate, transfer title to artifacts and other materials recovered from
              State-owned underwater sites by the private sector to private parties.

              In general, the States should:

              (a) Not transfer title until the authorized recovery activity is completed, the
              items are properly conserved and analyzed, and any required final report is
              completed and approved by the State;
              (d) Retain title to items that are unique, exceptionally valuable historically or
              representative of the items recovered, or are recovered illegally.

              Guideline 7:
              Disseminate information on public and private sector recovery activities to the
              public and to the scientific community.
              Appropriate methods would include, but not be limited to, pamphlets, books,
    I       ~ ~~and articles in popular specialty magazines; lectures, video tapes and slide
              shows, underwater trails; and exhibiting artifacts, preparing a final report
              (this always should be done), publishing in scientific journals, and presenting
              papers at professional meetings.

              Guideline 8:
              Discourage the recovery and display of intact underwater sites.
              Recovering intact shipwrecks should be discouraged unless they are historic and
              in danger of imminent and unavoidable destruction, and it is determined to be in
              the best interest interests of the public. However, no such shipwreck should be

                                                    60

    I        ~~~recovered unless sufficient public and/or private funds are made available to
              document and recover it archaeologically and to properly conserve, maintain,
              exhibit, and interpret it for the public,
              (G) Providing Public Access to Shipwrecks (Underwater Sites)
                  The Bureau encourages public access to underwater sites throughout the
              State. To date, five underwater archaeological preserve sites, complete with
              interpretive material, have been established in the State. The Division's
              participation in developing Florida's Coastal Management Action Plan has
    I       ~ ~expanded the scope of that program to include grants to local governments for
              interpreting coastal heritage sites like shipwrecks. That plan component is
              intended to increase the number of shipwrecks and other submerged coastal sites
    I       ~ ~~actively managed and interpreted for public access. It is Florida's long-term goal
              to establish a broad network of several dozen underwater preserves of all types
              around the state.
                ()Interpreting Shipwrecks (Underwater Sites)
                  Opportunities for interpretation of shipwrecks and other underwater sites
    I       ~ ~range from the brochures, guides, and plaques prepared for underwater
              archaeological preserves, to museum exhibits, to publications for specialist and
              general audiences. The Bureau's efforts have mainly been focused on developing
    *        ~~~the preserve system, however, other interpretive projects have included, for
              example, technical and conservation assistance for the Maple Leaf Project and
              preparation of An Atlas of Maritime Florida, among other projects.

              (I) Establishing Volunteer Programs
                  The Bureau of Archaeological Research does occasional underwater. work
              with volunteers. PART and MADA assisted the Bureau with prehistoric site
              identification before they disbanded. Various other volunteer groups have
              assisted with shipwreck identification and establishment of underwater
    *        ~~~archaeological preserves.

              (J) Creating and Operating Underwater Parks or Preserves
                  The Bureau of Archaeological Research has thus far established five
    I       ~ ~underwater archaeological preserves, all of which are shipwreck sites. The
              Bureau intends to expand the number and scope of underwater archaeological
    *        ~~preserves.

            I                                   ~~~~~~~~~~~~~~~~~~~6.1

    SOURCES:

    Abandoned Shipwreck Act (1987) (P.L. 100-298; 43 U.S.C. 2101-2106).

    Department of the Interior, National Park Service.
    1989   Abandoned Shipwreck Act Guidelines; Proposed Guidelines; Notice.
           Federal Register, volume 54, number 63, pages 13642-13658.

    Department of the Interior, National Park Service.
    1990 The Abandoned Shipwreck Act Guidelines. Federal Register, Vol. 55, No.
          233, pages 50116-50145.

                                       62

                                      CHAPTER FIVE

                            RECOMMENDATIONS FOR
        I                      ~~~MANAGING FLORIDA'S
                   SUBMERGED CULTURAL RESOURCES

    3           ~~~This section presents recommendations for improved long-term management
             of Florida's submerged cultural resources. The plan so far has followed a method
             intended to identify the range of resources and the various ways they are
    I        ~~impacted.  It has discussed Florida's present management scheme to explain the
             legal and institutional framework already available, then compared Florida's
             existing program with the broad suggestions of the Abandoned Shipwreck Act
    3        ~~Guidelines.
                 The recommendations that follow have been based on a variety of sources.
    1           ~~~* review of other management programs throughout the United States and in
                   other countries.
    3           ~~~* interviews with resource managers and agency officials in many states and
                   some countries.
     3           ~~~* interviews with private and public interest groups who are concerned with
                   shipwrecks, sport diving, fishing, and other relevant maritime related
     I             ~~~~~activities.
                 * written reviews of an earlier draft of the plan prepared by outside
     3             ~~~~consultants with experience in the management of cultural resources.
                 * experience of the Florida program staff involved in such activities as the
                   Exploration and Salvage Program, the Pensacola Shipwreck Survey, the
     I            ~ ~~~Historic Preservation Grant Program, and Underwater Archaeological
                   Preserves.
    3           ~~~The following discussions are recommendations only. They represent
             potential improvements to Florida's scheme of management based on our present
             interpretation of problems and assessment of alternative solutions. These are
    I        ~~places to continue public involvement and review as existing programs are
    -        ~~proposed for revision and new programs are proposed for implementation. No
             plan can be a final statement of an agency's future. Rather, every plan must be a
             step in a continuing adaptation to changes in society and government, informed
             by public discussions and review. The following recommendations are offered in
             this spirit as a statement of our efforts to analyze, understand and improve the
             management of submerged cultural resources and as a step in building public
             support for specific management strategies.

            I~~~~~~~~~~~~~6

    I~U1NDERWATER SITE SURVEY AND INVENTORY

    I        ~Recommendation:
                 Improve the ability of the Bureau of Archaeological, Research and
                 publiclprivate interest groups to survey unknown are-as for now underwater
                 sites and to inventory, record, and assess known underwater sites.

     I           ~~~~Under Chapter 267 F.S., it is the responsibility of 'the Division of Historical
              Resources to "locate, inventory and evaluate historic properties. .." and "to
              conduct a comprehensive statewide survey of historic resources." The survey and
    I       ~ ~~assessment of underwater sites has not been a traditional activity of the Bureau;
              with some exceptions, only since about 1988 have limited personnel and
              equipment for this task been available for work in specific areas. Effective survey
    I       ~ ~in the future will depend upon developing within the Bureau, as well as in public
              and private groups in Florida, the skills, equipment and resources necessary to
              accomplish competent surveys throughout the state as needs and opportunities
              arise.
                  Personnel, facilities, equipment, and budget must be developed for survey
              programs, to develop long-term management strategies for the sites, to provide a
              measure of on-site management and to respond to periodic requests by the public
              for survey of sites. The Pensacola Shipwreck Survey has demonstrated the
    I       ~ ~effectiveness of a systematic research program of a geographic area. A
              comprehensive program of underwater site survey and assessment will also
              further the underwater archaeological preserve system.
     I           ~~~~To increase the capability for underwater site survey and inventory, state field
              personnel should be assigned to work with local diving groups on underwater
              sites. The Bureau should encourage local groups to complete grant proposals for
              site surveys. This will be a cost-effective way of obtaining further survey data and
              will help foster public involvement in the management of underwater sites. The
              Bureau should also sponsor research projects involving volunteer archaeological
              workers such as the U.S. Forest Service's "Passport in Time" (PIT) Program.
              The PIT Program works by advertising archaeological projects through a
              national newsletter, and encouraging applicants to sign up as volunteers
              assisting professional archaeologists.
                  One useful model for in-house archaeological survey is provided by the Florida
    I       ~ ~Conservation and Recreation Lands (CARL) Archaeological Survey. The CARL
              Program was established in 1979, using state and federal matching funds to
              acquire conservation lands relating to various criteria such as ecological
              diversity, historical importance, and including archaeological resources. The
              CARL Archaeologica  Survey consists of two fl-time fel archeologists
              charged with surveying lands purchased or proposed for purchase through the
    I       ~ ~CARL Program. They submit survey reports to the appropriate managing agency
              as well as providing a copy to the Florida Site File. The goals of the team are
              prioritized towards work on lands where archaeological sites are in critical

                                                  64

    I        ~~~danger of being lost, i.e. through erosion or site looting. Other priorities include
              work on lands which have not previously benefited from professional surveys or
              otherwise have good potential for providing archaeological data. As part of their
              duties, the CARL Survey also publishes articles on their work, nominates
              appropriate sites to the National Register of Historic Places, and meets with state
              land managers to discuss options for managing sites on their property. An
    V      ~ ~underwater archaeology survey program could be organized along similar lines
              as the CARL Survey following the same general prioritization. One significant
              difference between underwater archaeological survey and archaeological survey
              on land is that nearly all underwater lands are already in state ownership.
                  Another partial model for in-house archaeological survey is provided by the
    �      ~ ~Archaeological Diving Unit (ADU) of the Ministry of Transport in the United
              Kingdom. The ADU was established in 1986 by the Transport Marine Directorate
              and the Advisory Committee to investigate underwater sites. The Unit, which is
    I       ~ ~~funded by the Department of Transport, carries out a program of visits to
              designated sites and sites proposed for designation, and gathers information from
              licence holders to assist the Transport Marine Directorate and the Advisory
    I,      ~ ~Committee to make decisions. The Unit also provides an educational function by
              providing advice to license holders. The Advisory Committee has been successful
              in getting the general public and sport divers to protect the underwater cultural
              heritage through cooperation and education.
                  Finally, it is important for the Division and the Bureau seek the support of,
              and rely on, non-profit organizations to assist with survey and assessment
              activities. To meet this goal the Bureau should encourage submission of grant
              proposals for underwater survey and assessment projects by organizations.
    31       ~~Existing mechanisms for grant funding include federal and state historic
              preservation grants in support of sites survey, excavation, and interpretation
              projects. Other potential funding sources include the Florida Coastal
               Management Program for interpretation of coastal heritage sites, Florida Sea
    I        ~~Grant Program for assistance in local projects, scientific research grants, and
              corporate or non-profit granting organizations.

              Key Players:
                 * Florida Marine Patrol * Florida Game and Freshwater Fish Commission
     I         ~ ~~* Florida Association of Dive Operators (FADO) 9 Keys Association of Dive
                 Operators (KADO) * Professional diving training organizations * Other
                 major dive training organizations * State fishing organizations * Friends of
     V         ~ ~~Underwater Archaeological Preserves organizations * Florida Scuba News*
                 Underwater USA * Dive shops and clubs * Treasure hunters

             I                                   ~~~~~~~~~~~~65

              Recommended Tasks:
              1. Develop a state underwater survey team to respond to requests and needs on a
                  statewide basis. Develop a formal budget outlining personnel and equipment
                  needs, and seek funding sources outside the Division.

    V        ~~2. Develop relationships with local diving groups, commercial and sport
                  fishermen, and other relevant waterfront organizations to learn of new sites
     3           ~~~~and to initiate survey and inventory projects.
              3. Encourage an increase in the number of grant proposals for underwater
                  activities. Cooperate with the Bureau of Historic Preservation to discuss
                  strategies to encourage grant proposals for underwater activities.
              4. Work with local project leaders to ensure their results are incorporated in the
                  Florida Site File and available to the public.
              5. Establish and implement minimal standards for underwater surveys and
                  ensure that all results contribute to the statewide database and are available to
                  be included in predictive site models.
    3        ~~6. Develop an effective system to respond to reports and requests from the public
                  regarding submerged cultural resources.

    I        ~~Recommended Changes to Statutes:
                 None

              Recommended Changes to Rules:
     3          ~~None

                  RecomendedChanges to Procedures:
                 Increase public outreach programs
                 Coordinate with grant programs
                 Develop statewide survey team
     I         ~ ~~Develop and implement a survey program
                 Implement minimal survey standards

             I                                   ~~~~~~~~~~~~66

              UNDERWATER PROGRAM STAFF AND SUPPORT

              Recommendation.'
                 Develop additional professional staff and support to carry out the tasks
                 recommended in this *management plan.

                  The underwater program staff of the Bureau presently consists of four career
    I        ~~~service positions: one Archaeologist, one Archaeological Field Supervisor, and
    U        ~~two Archaeological Field Assistants. The Field Supervisor and one of the
              Archaeological Field Assistants are assigned full time responsibility for the
              Exploration and Salvage Program.
                  To adequately develop programs to survey and assess the State's numerous
              offshore and inland underwater sites, to develop long-term management
              strategies for these sites, and to implement other recommendations in this
              management plan, additional staff are necessary. Funding should be sought for
              two full-time staff with responsibility to manage underwater resources
              continuously in all parts of the state. Funding for this program should be sought
              outside the Division.

       I      Recommende~d Tasks:
              1. Define position requirements for one staff person (Archaeologist I
    1           ~~~~classification) and abilities consistent with specific tasks recommended in
                  this management plan.
    5        ~~2. Seek funding for one archaeologist with responsibility to manage underwater
                 resources continuously in all parts of the state.

    1        ~~3. Organize and train new staff members in field response and public education.
              4. Monitor staff activities regularly to ensure broad range of tasks and
    3           ~~~responsibilities consistent with recommendations in this management plan.

               Nommnded Changes to Statutes.:

              Recommended Changes to Rules:
    I         ~~None
                 RecomendedChanges to Procedures.'
                 Hire additional staff to perform a range of functions proposed by this
                 management plan, i.e., survey, public outreach, administration of underwater
                 archaeological preserves and underwater historic marker programs, isolated
    I'        ~ ~~finds program, submerged cultural resources stewardship program, and
                 inter-agency cooperation.

            1                                    ~~~~~~~~~~~~67

    I        ~EXPLOIRATION AND SALVAGE PROGRAM

              Reconmmendation:
                 Reconvene thie Rteserve Area Task Force to conclude its review and develop its
     3          ~~~recommendations in thie context of the Abandoned Shipwreck Act Guidelines.

     *           ~~~~In response to the filing of two federal admiralty arrests in parts of state
              waters that had been established as shipwreck reserve areas, the Division
              organized a task force to seek a resolution to this issue. The Reserve Area Task
              Force met three times between March 1990 and April 1991 and discussed a broad
              range of issues concerning exploration and salvage in state waters, recognizing
              that reserve areas could not be considered in isolation. Between the second and
              third meetings of the Task Force, the National Park Service published the Final
    I.     ~ ~Abandoned Shipwreck Act Guidelines in the National Register. These guidelines
              did not, however, have much influence on the continuing discussions of the Task

                  Because the two specific admiralty arrest conflicts had been settled, and in the
              face of other competing obligations, the Bureau failed to schedule a fourth
               meeting of the Reserve Area Task Force. The Task Force fairly represents the
    U        ~~~broad range of interests involved in exploration and salvage activities in Florida
              waters, and it should be reconvened to continue its discussions. Since the Task
              Force last met, Florida and other states have begun to shape their underwater
    V      ~ ~programs in the context of the Abandoned Shipwreck Act Guidelines, developing
              projects that focus on public benefit. This principle was also recognized by the
              Reserve Area Task Force as a way of assessing proposed exploration and salvage
              projects and determining whether they should be approved or not.
                  The Reserve Area Task Force should be reconvened to continue its discussions
              and formulate its recommendations concerning reserve areas and other relevant
              issues of exploration and salvage in state waters.

    I        ~~Key Players:
                 Treasure hunters and salvors * Florida Department of Environmental
    f          ~~~Protection

              Recommended Tasks:
              1. Prepare a summary and position paper of Reserve Area Task Force
                 deliberations to date

    1        ~~2. Schedule a fourth meeting of the Reserve Area Task Force
              3. Provide each member in advance a copy of the position paper, the Abandoned
    I         ~ ~~Shipwreck Act Guidelines, and this management plan

             I                                   ~~~~~~~~~~~~68

    1        ~~4. Address individually the Abandoned Shipwreck Act Guidelines sections
                 relating to private sector recovery
    1        ~~5. Assist the Task Force in preparing its final recommendations.

    I        ~~Recommended Changes to Statutes:
                 None

              Recommended Changes to Rules:
    j          ~~None

                 RecomendedChanges to Procedures:
    .5        ~~None

            I~~~~~~~~~~~~~6

    11 PUBLIC RELATIONS (OUTREACH)

    3        ~Recomimendation:
                 Improve public knowledge, appreciation and involvement with underwater
                 archaeological sites Improve working relationships with a variety of key
                 players through outreach programs, workshops, and otherfinitiatives.

     I           ~~~An important component in sport diver participation is the development of a
              network of trained and enthusiastic surveyors and mappers. An organized
              group, trained in the basic non-disturbance methodology of recording and
    I       ~ ~~reporting, could greatly enlarge the inventory of underwater resources, as well as
              raise public awareness about issues of protection and preservation. As part of any
              outreach program, the Bureau should develop a workshop in basic underwater
    I       ~ ~archaeological recording and reporting to be conducted in cooperation with local
              Florida based sport diving clubs and dive shops. The Bureau should maintain
              contact with major dive training agencies such as NAU1 and PADI and work to
              have them include archaelogical site sensitivity into their basic training courses.
                  The Bureau should also hold periodic conferences in popular dive areas to
              accomplish several goals. These may include inviting underwater collectors to
              bring in their finds in an "amnesty" program for identification. At the same
              time, these divers may learn about the prehistory and history of their area, as well
              as archaeological ethics and relevant laws. Bureau staff should follow up on
              interesting finds, and record information gained from divers. The Bureau has, in
              the past, held a few such conferences which were regarded as very successful.

                  One particularly important diving group which needs to be considered are
              Florida's "river" divers. Many of these divers have been diving in Florida's rivers
              for decades and have amassed a large body of valuable and unique information
              about Florida paleontology and archaeology. These divers also have large
              collections which should be documented. This should be complemented by oral
              history interviews with some of the older divers who were active in the beginnings
              of Florida river diving in the 1950s and 1960s. One successful conference
              specifically for river divers was held in the mid 1980s at White Springs Florida.
              Over the years, the Bureau has developed good working and, personal
             relationships with many of these divers who have provided site information and
              made their collections available for study.

    I           ~~~To improve the public knowledge and appreciation for Florida's underwater
              archaeological sites, a Submerged Cultural Resources Booklet is being developed
              for distribution at dive shops, marinas, state parks, museums, .and other
    U       ~ ~locations. The Booklet will use non-technical language and will include
              important submerged cultural resources information such as a description of the
              types of underwater sites in Florida and a list of the applicable laws pertaining to
    I       ~ ~submerged cultural resources. The Booklet will also explain the process for
              recording sites by including a sample site form. Further, the Booklet will include

             1                                   ~~~~~~~~~~~~~70

    contact numbers for the Bureau, law enforcement agencies and underwater site
    managers.

       Development of other public outreach products such as posters, brochures,
    and videos for wide public distribution will also be undertaken by the Bureau.
    This may be done in conjunction with "Florida Archaeology Week" activities or as
    part of a newsletter. A statewide, bi-annual underwater cultural resources
    newsletter should also be developed. This newsletter would cover the major
    issues pertaining to submerged cultural resources in Florida. It can be mailed by
    sport diver organizations to their own members and be distributed by the Bureau
    to a variety of interested organizations. The newsletter will contain contributions
    from divers, researchers, and consultants on review and compliance projects, as
    well as staff reports and updates. The newsletter would be a good forum for
    providing information on the isolated finds program. Information on the
    progress of developing this management plan can also be included.

       Another increasingly important vehicle for communicating information and
    ideas and for providing forums for discussion are the computer "newsgroups"
    found on the Internet system, local bulletin boards, commercial services, and
    public information services such as the Coastal Information Exchange System
    (CIES), and the Florida Information Resources Network (FIRN). There are
    several newsgroups which deal with subjects such as scuba diving, "eco-diving,"
    anthropology, prehistoric and historic archaeology, museums, heritage
    interpretation, maritime history, education, coastal management, environmental
    protection, and others. There are extensive discussions of Florida scuba diving
    issues, and even Florida's Exploration and Salvage Program, on these networks.
    The Bureau should monitor and participate in these discussions. The Coastal
    Information Exchange System (CIES) receives input from a number of key
    agencies such as the Florida Department of State, the National Park Service, the
    National Oceanic and the Atmospheric Administration (NOAA). The
    opportunities for public outreach and education benefit through these services, at
    minimal cost, will be considerable. The Tallahassee Freenet, which provides
    access to many Internet services, is free of charge to both individuals and
    organizations. The CIES is also free of charge and accessed through an 800
    number.

    Key Players:
       e Law enforcement officials � Private/public groups � Florida based sport
       diving clubs and dive shops � Major dive training agencies (NAUI, PADI,
       etc). * Sport divers, Florida river divers, dive clubs, dive shops, dive charters
         Academic researchers � Outside consultants

    Recommended Tasks:
    1. Produce and distribute a handbook (resource guide) for the public, for
       government site managers, and for law enforcement personnel about the
       nature and management of submerged cultural resources, information on
       Florida's laws and how to report underwater sites to the Bureau.

                                       71

    1        ~~2. Cooperate with relevant agencies to develop public outreach products such as
                  public service announcements, posters, brochures, and videos for wide public
                  distribution.
              3. Cooperate with public and private organizations to develop training programs
                  for sport divers and others to teach basic skills in underwater archaeology and
     V .       ~ ~~historic preservation. Make sure that dive instructors are aware of existing
                  state and federal laws. Consider developing a certification program such as
                  that which Arkansas has developed for terrestrial archaeology; or a para-
                  professional program modeled after that of the U.S. Forest Service which uses
                  key personnel located in different regions.

    �        ~~4. Use additional survey and inventory staff to sponsor underwater workshops
                  around the state in conjunction with national dive training and dive industry
    j           ~~~representatives.
     -       ~~5. Develop a statewide, hi-annual underwater cultural resources newsletter for
                  distribution by sport diver organizations to their own memberships, and by the
                  Bureau to a variety of interested organizations. Seek specific funding for
                  production and distribution of this newsletter.
              5. Improve public communication about underwater archaeology through
                  existing electronic network opportunities.
    1        ~~7. Include underwater components in the annual Florida Archaeology Week.
              8. Develop a public relations (outreach) campaigx to encourage reports of
                  historical and archaeological finds on private lands, and stewardship of those
                  resources.
              9. Use outreach programs and workshops as a mechanism for obtaining
                  information and support from various dive groups, including Florida's river
                  divers, and seek their trust to be able to document their collections and obtain
     3           ~~~~site information.
              10. Work with major dive training agencies to build a conservation ethic into dive
    I           ~~~~instruction.

              Recommended Changes to Statutes:~
    I         ~~None

              Recommended Changes to Rules:
                 None

                Recomended Changes to Piocedures:
                 Increase the Bureau's participation in public education outreach
    5          ~~~~responsibilities.

             I                                   ~~~~~~~~~~~~72

    INSTITUTIONS OF HIGHER LEARNING

    Recommendationr
       Assist Florida's public and private colleges and universities in training and
       conducting research in underwater archaeology.

        At present, undergraduate classes in underwater archaeology are taught
    occasionally at Florida State University, University of West Florida, and
    University of Miami. Graduate courses are sporadically taught at the latter two
    universities, but there are no formal programs in underwater archaeology at any
    institution in Florida. Field school opportunities for students have been limited to
    occasional summer projects where the Bureau has invited university students to
    participate, and academic credit was given by the state underwater archaeologist
    on an adjunct faculty basis. Of Florida's public universities, the University of
    West Florida has expressed an interest in developing a staffed program to train
    students in underwater research. Interaction between the Bureau's Pensacola
    Shipwreck Survey and the UWF administration, faculty and students, has
    demonstrated the potential for developing an academic program in underwater
    archaeology at a Florida institution of higher learning.

        The Bureau should continue to develop its relationships with private and
    public colleges and universities throughout Florida to encourage training and
    research in this field for the future protection, interpretation, and preservation of
    the State's submerged cultural resources. The Bureau should also seek
    productive relationships with out-of-state institutions that wish to conduct
    research in Florida and to accomplish projects for the public benefit.

    Key Players
       � Public and private institutions of higher learning in Florida and elsewhere.

    Recommended Tasks:
    1. Continue to develop a working relationship between the Bureau and Florida
        universities and colleges for combined survey and research programs.

    2. Encourage applications from appropriate Florida and out-of-state universities
        and colleges for archaeological research permits to conduct survey and
        inventory work on submerged sites.

    Recommended Changes to Statutes:
       None

    Recommended Changes to Rules:
       None

    Recommended Changes to Procedures:
       Increase liaison between the Bureau and academic institutions.

                                       73

    g ~UNDERWATER ARCHAEOLOGICAL PRESERVES

              Reconmmendation:
    I         ~ ~~Expand the existing system of Underwater Archaeological Presrves in
    a           ~~~number and scope.

                  Florida's sport diving community has become an important factor in
              managing publicly owned shipwreck sites, and wants to ensure continued access
              to interesting sites. At the same time, sport divers are beginning to recognize
              that, like natural resources, historic shipwreck sites can best be enjoyed by
              protection and preservation. In the past decade shipwreck management has
              increasingly evolved beyond simple protection to include interpretation and
              improved public access to underwater sites in the form of underwater shipwreck
              preserves. 'Florida has established five such preserves since 1987. These
              preserves are nominated by local supporters, and established through a
              partnership between government and the private sector.

    I           ~~~Florida's Underwater Archaeological Preserve system presently encompasses
              only historic shipwrecks. Future potential preserves should be selected to sample
              a wider range of sites. For example, underwater eaves and springs often contai
    I       ~ ~~important flooded prehistoric sites. Designations of future, non-shipwreck
              preserves will further the goal of recognizing the importance of all kinds of
              underwater sites, as well as providing the public with another perspective on the
              history of the state.
                  To increase public participation, a stewardship program should be developed
              with local dive shops, dive charters, diving groups, existing Friends of
              Underwater Archaeological Preserves groups, commercial fishermen, fishing
              organizations, and other interested waterfront organizations. In such a
              program, an amateur organization or team will "adopt" a site, and under a
              research permit, can inventory, document, and monitor the site. These
              organizations could also sponsor tours, write articles for newspapers and
              newsletters, and participate in the annual Florida Archaeology Week by
              presenting their work to the public.
                  Since recreation is an important component of Florida's underwater
    I       ~ ~archaeological preserves, the Bureau of Archaeological Research should work
              closely with the Florida Department of Environmental Protection, Division of State
               Lands, and Division of Recreation and Parks. Consideration should be given as to
    I         ~~~how park benefits can be extended to non-diving publics (e.g., swimming,
              watersports, aquatic nature study, heritage tourism, etc.). For example, at least
              one resort and marina operator has purchased a glass bottom boat to offer tours
    I       ~ ~~on one of the underwater archaeological preserves (the San Pedro) since it was
              dedicated.

             1                                    ~~~~~~~~~~~~~74

             Key Players:
                 * Department of Environmental Protection, Division of State Lands
                Existing Friends of Underwater Archaeological Preserves groups * Local
                dive shops * Local diving groups -1 Dive charters * Commercial fishermen
                 * Fishing organizations * Other interested waterfront organizations
                Florida Department of Environmental Protection, Division of State Lands, and
                Division of Recreation and Parks *U.S. Coast Guard

             Rec-ommended Tasks:
             1. Expand the underwater archaeological preserve system to include other types
                 of sites such as prehistoric remains, and historic structures.
             2. Develop additional funding or outside grant support for expanded preserve
                 system.
             3. Encourage local sponsors to cooperate with the Bureau to submit Coastal Zone
                 Program grant proposals for establishment of new' preserves.
             4. Establish procedures and standards for protection and on-site management of
                 preserves.
             5. Create a maritime heritage trail system consisting of underwater
                 archaeological preserves, underwater historical markers, and other
                 significant underwater sites.
    3        ~~6. Develop a stewardship program in cooperation with local diving groups, dive
                 charters, existing Friends groups, commercial fishermen, and fishing
                 organizations.

             Recommended Changes to Statutes:
    1          ~~None

             Recommnended Changes to Rules:
    I         ~~None

       I     Recommended Changes to Procedures:
                Develop standard operational procedures for establishing and maintaining
    3          ~~~underwater archaeological preserves, including formal written agreements.

            1                                   ~~~~~~~~~~~~~75

    UNDERWATER HISTORICAL MARIKEIRS

    Recommendation:
       Incorporate underwater archaeological sites within the developing Florida
       Historical Marker Program of the Division of Historical Resources.

       Historic marker status should be considered as an option for underwater sites
    that have been identified as being of local, state or national historic significance,
    but which do not warrant the expense and resources required to develop and
    maintain an underwater archaeological preserve. The Florida Historic Marker
    Program is being developed to recognize and identify people, events, and places
    including archaeological sites of historic significance or relating to Florida's
    history, cultural and ethnic heritage. Assigning marker status to certain
    shipwreck sites will bring increased awareness of regional history, a broader
    appreciation for underwater sites, and an opportunity for local people and
    organizations to participate in the preservation of their underwater sites.

       _There are many prospects for shipwreck sites which could receive
    consideration for state historic markers. In 1990, the Historic Palm Beach County
    Preservation Board placed a bronze and stone state historic marker on the shore
    near the site of the Inchulva ("Delray Wreck" ) wrecked in 1903 near Delray
    Beach, Florida. This was an example of an underwater site which did not qualify
    ag an underwater archaeological preserve, but which local authorities felt should
    receive some recognition as being of local historical significance. Another
    application for the marker program might encompass heritage trails, for
    example, a "Suwanee River Steamboat Trail." There are at least nine known
    shipwreck sites in the Suwanee River from the Suwannee State Park to the mouth
    of the river. These wrecks are visited by small numbers of divers and are well
    known by the local communities. Markers could be established above and below
    water, as many of the sites are partially out of water during dry periods. Such
    markers could then be read by canoers and other boaters.

       Several underwater markers have been placed on underwater sites in federal
    waters off Florida's coasts by non-profit groups. The National Center for
    Shipwreck Research, Ltd. in Islamorada placed an underwater marker on the
    site of the USS Alligator (1822), a US Navy schooner sent to Florida to suppress
    piracy and help escort convoys. In May 1993, the National Association of Black
    Scuba Divers (NABSD) based in Washington DC, placed a one ton concrete and
    bronze monument on the site of the Henrietta Marie, an English slave ship which
    sank in 1702, roughly 34 miles off Key West (outside of Florida waters).

    Key Players:
       * Bureau of Historic Preservation * Trail organizations

                                       76

    Recommended Tasks:
    1. Create a maritime heritage trail system consisting of underwater
        archaeological preserves, underwater historical markers, and other
        significant underwater sites.

    2. Coordinate with Florida Historic Marker Program staff to identify criteria and
        procedures for designating significant sites.

    3. Identify appropriate sites on statewide basis for nomination to state marker
        program.

    4. Cooperate with local support groups and marker program staff to facilitate
        designation and marking of underwater sites.

    5. Cooperate to ensure inclusion of underwater marker sites in guidebooks and
        brochures.

    6. Establish a maintenance plan for ensuring markers are kept free of algae,
        coral, other marine growth and graffiti, etc.

    Recommended Changes to Statutes:
       None

    Recommended Changes to Rules:
       None

    Recommended Changes to Procedures:
       Develop procedures for establishing and maintaining underwater historical
       markers, including formal written agreements.

                                       77

              ISOLATED FINDS

              Recommendation:
    V          ~ ~~~Develop and mpenta program of isolated finds reporting for artifacts fromn
                 state-owned or state-controlled bottom-Iands.

               Backgrounck
     I           ~~~~Because virtually all submerged lands in Florida are owned by the state, nearly
              all underwater archaeological remains are subject to the provisions of Chapter 267,
              Florida Statutes, including the penalty provisions for unauthorized collection. Over
              the past several decades, divers have routinely found projectile points and other
              artifacts in Florida waters, and have freely shared information about their
              collections with archaeologists around the state and within the Bureau. This no
    I       ~ ~~longer happens due to fear of arrest and conviction for violation of Chapter 267, and it
              is necessary to refine the system to more realistically account for isolated artifacts
    5         ~~~that are routinely found by divers in rivers.
                  The Bureau has worked with river divers around the state to develop a program
    3        ~~~of isolated finds reporting that allows collection and ownership of isolated artifacts
                uder limited conditions. The Bureau should continue the rulemnaking process in
              coordination with interested individuals and groups to develop and implement an
              isolated finds program. The planning and implementation of the program should
              ensure maximum reporting of isolated finds information to the Bureau and should
    S        ~~~lead to more extensive cooperative efforts once'positive relationships are established.
     5           ~~~~The isolated finds program should be consistent with the principles of the
              following proposal.

             I~~~~~~~~~~~~~7

                   PERMISSION TO COLLECT ISOLATED FINDS IN FLORIDA RIVERS:
          I                             ~~~~~~OLITLINE OF A PROPOSAL
                 Florida Division of Historical Resources, Bureau of Archaeological Research
             3                                    ~~~~~~~~~June 1994

     5           ~~~The purpose is to provide a specific and limited exemption to the permitting
              and penalty provisions of Chapter 267 F.S. and Rule IA-32 so that certain types of
              artifact collecting in state owned rivers and other inland waters is not a violation
    ft       ~~of the statute.

                  The justification is that the law as written prohibits all collection of all
              artifacts regardless of their archaeological significance (or lack thereof) from all
              state owned or controlled lands including state owned sovereignty submerged
              lands.

     I           ~~~The principal of providing an exemption is that certain archaeological
              remains from submerged lands not associated with archaeological sites are of
              little significance, and can be collected with no great loss to the archaeological
              record, provided the information they represent as to location and type is provided

     I           ~~~~The procedure is to develop a new rule to allow recovery of artifacts under the
              following specific conditions without obtaining a permit from the Division. Once
              these conditions are met, title to the artifact is automatically granted to the*
              collector. If the conditions are not met, the artifact remains state owned.

    5        ~~Conditions for recovering and owning isolated finds

    *        ~~~1. An isolated find is an artifact that is not part of a larger archaeological site; it
                 has no archaeological association with other artifacts; it is unlikely to have
                 historical significance as an object. It is relatively small in size like an
                 arrowhead, coin, bullet or bottle. Items like single cannons or anchors are not
    3          ~~~isolated finds within this meaning.

              2. Permission to recover isolated finds is limited to state owned bottoms of rivers
                 and other inland fresh water bodies. It does not apply to adjacent upland
                 property owned by the state above the mean water line.
              3 .Permission to recover isolated finds is limited to collection by hand only; no
                 tools usable for digging, dredging, or excavating can be used to recover isolated
                 finds.

    1        ~~~4. Permission to recover isolated finds does not extend to state parks or other
                 actively managed protection or recreation areas unless specifically so
    3           ~~~designated by the relevant land managing agency.

             1*                                  ~~~~~~~~~~~~79

    1         ~~~5. Permission to recover isolated finds does not extend to recorded or known
                  archaeological sites where multiple artifacts exist in an intact archaeological
                  deposit. Any such intact site containing associated artifacts shall be marked to
                  show that permission to recover isolated finds does not apply within the limited
                  area so marked.

    1         ~~~6. Permission is limited to amateur, non-commercial collectors and does not
                  extend to those involved, in commercial exchange or sale of artifacts.
    I         ~~~7. Within 30 days of recovering an isolated find, the collector must mail to the
                  Division the collector's name, address and phone number, a clear photograph
                  or photocopy of the artifact including a scale, and a map showing where the
                  artifact was found in sufficient detail to enable the site to be visited.
               8. Within 30 days of receiving a report of an isolated find, the Division shall have
    I          ~ ~~~an opportunity to examine the artifact to collect additional information or to
                  determine if the artifact is of such archaeological or historical significance as
                  to be outside the definition of an isolated find. During such period the artifact
    I          ~ ~~shall not be removed from the state and the collector shall provide reasonable
                  opportunity for access by the Division. Such determination is not based on
                  monetary value, but rather on factors as uniqueness, size, type of artifact,
    j           ~~~~association with significant archaeological or historical cultures or events,
                  among others.
    1         ~~~9. In the event the Division does not contact the finder within 90 days of receiving
                  the report, or does contact the finder and does not determine that the artifact is
                  outside the definition of isolated find, title to the artifact is automatically
     5           ~~~~granted to the finder.

             I~~~~~~~~~~~~~8

                 An isolated finds reporting system will be included in a broader public outreach
              program. Long-term implementation of an isolated finds program for Florida could
              eventually incorporate a network of other organizations statewide such as university
              anthropology departments, museums, units of the state park system, members of the
              Florida Archaeological Council (FAC), and the informal network of river divers. An
    I      ~ ~amnesty period should be advertised and collectors urged to come forward with their
              collections.

             Key Players:
                 *9 Florida Game and Fresh Water Fish Commission 9 Florida
                Anthropological Society * Florida Archaeological Council * Sport divers
                 Informal network of "river" divers

    '5         ~~~(The following might be added to the above list gradually)
                 * University anthropology departments o Museums (public and private)
                 Units of the Florida State Park system

              Recommnended Tasks:
    j        ~~1. Communicate with key players listed above to solicit their opinions and
                 advice.
    3        ~~2. Proceed with rulemaking process to prepare and adopt necessary regulations.
              3. Begin public outreach component immediately.

               RCommended Changes to Statutes:
    5          ~~None

                 Recomendd Changes to Rules:
    I         ~ ~~Draft and adopt new rule which provides permission for recovery of isolated
                 finds under Chapter 267 F.S.

             Recommended Changes to Procedures:
    3          ~~~Develop and implement new procedures consistent with new rule.

            1                                  ~~~~~~~~~~~~81

    INTER-AGENCY COOPERATION

    Recommendation:
       I  Improve cooperation between the Division of Historical Resources and other
       governmental agencies having management responsibility related to
        underwater archaeological resources in Florida.

    STATE

    Florida Department of Environmental Protection (DEP)

       The Division of Historical Resources should continue to work in conjunction
    with the Department of Environmental Protection (DEP) in several areas. The
    first important area of cooperation concerns the issuing of dredge and fill
    permits. Such permits are necessary for all excavation activities on state owned
    bottomlands. The second important area of cooperation concerns the
    management and protection of submerged cultural resources within the aquatic
    preserves managed by DEP's Division of State Lands, Bureau of Submerged Lands
    and Preserves, and state recreation areas. The third important area of
    cooperation is for management agreements for underwater archaeological
    preserves that are leased to the Division of Historical Resources.

       The Bureau has worked with the DEP's Division of Recreation and Parks in a
    number of coastal and inland park units, conducting and facilitating underwater
    sites surveys. This cooperative effort should be continued. Inter-agency
    cooperation with the Florida Marine Patrol and the Game and Fresh Water Fish
    Commission is detailed in Recommendation XIV (Law Enforcement).

    Florida Sea Grant Program

    The Florida Sea Grant Program, established in 1972, represents a statewide
    research and education partnership of universities, citizens and government
    agencies working in a number of program areas including marine resources and
    ecosystem research and conservation. In addition, the Florida Sea Grant
    Program has demonstrated its concern for the long-term preservation of Florida's
    submerged cultural resources. There are fourteen institutions of higher learning
    which participate in the Program. The central office for the Program is at the
    University of Florida in Gainesville.

       At present, the Florida Sea Grant Program has worked with the Bureau on an
    occasional and informal basis, with discussions aimed at future joint activities
    between the two agencies. This liaison should be further developed and
    formalized to further the understanding and protection of underwater sites by
    cooperative efforts.

                                       82

               FDERAL
    I        ~~US Army Corps of Engineers (COE)
                 The U.S. Army Corps of Engineers is responsible for maintaining navigation
              channels in federal waterways, and also permitting for dredge and fill activities.
              The Bureau should continue to work closely with the Corps of Engineers and the
              Bureau of Historic Preservation, Review and Compliance Section, to minimize
    I      ~ ~impacts to submerged cultural resources by way of the Section 106 process already
             in place.

             National Oceanic and Atmospheric Administration (NOAA)
     3          ~~~The Marine Protection, Research and Sanctuaries Act of 1972 identified the
              purpose and mission of NOAA's National Marine Sanctuary Program as "to
              identify, designate and manage areas of the marine environment of special
    I      ~ ~~national significance due to their conservation, recreational, ecological,
              historical, research, educational, or aesthetic qualities." In 1986, NOAA
              published proposed regulations for continued implementation of the National
    I      ~ ~Maxine Sanctuary Program. In these regulations, NOAA's use of the term
              "historical" is consistent with the Marine Protection, Research and Sanctuaries
             Act in encompassing cultural, archaeological, and paleontological elements.

     I          ~~~The Bureau should continue to cooperate with NOAA to ensure that state-
              owned shipwrecks and other historic resources found within National Marine
    3       ~~Sanctuary units in Florida are managed according to federal and state
             requirements.

    I        ~~National Park Service
                 Protection and management of historical and archaeological resources found
              within national parks are governed by a range of federal laws, including the
             Abandoned Shipwreck Act of 1987, and the Archaeological Resources Protection
             Act (ARPA). Each of the national park and national seashore units located in
    I      ~ ~Florida has some requirement for managing underwater sites whether offshore
              or inland. The National Park Service and the Division of Historical Resources
             have cooperated in providing information and developing resource management
    I      ~ ~plans jointly. The Bureau has already worked with the National Park Service in
              conducting and facilitating underwater site surveys in park units. This
             relationship should continue with written agreements to ensure that submerged
    I      ~ ~cultural resources are maintained and protected for long-term public use and
             enjoyment.

    I        U~~S Department of the Navy

                 The mandate of the US Department of Defense Legacy Resource Management
             Program, begun in 1991, includes working with State agencies to protect both
             natural and cultural resources. The US Navy has an extensive list of shipwrecks

            3                                  ~~~~~~~~~~~~83

    I        ~~in Florida waters for which they are responsible. The Bureau of Archaeological
              Research has developed a multi-phase proposal for a Legacy Grant to work with
              the US Navy to develop management plans for Navy shipwrecks in Florida
    I       ~ ~~waters. If funded, the project would include archival and other research work,
              survey, inventory, assessment, and advice on establishing interpretive programs.

              Government Services Administration (GSA)
     I           ~~~~The GSA is the federal agen cy responsible for a wide range of federal
              property. Under federal law, the GSA has responsibility for shipwrecks that
              belonged to the Confederate States Navy during the American Civil War.
    I       ~ ~~Confederate Navy wrecks are still considered to be federal property unless they
              have been sold for salvage. The GSA and the US Navy cooperate in the
              management of such vessels, and this issue is included in the Bureau's Legacy
    I       ~ ~Resource Management Program grant proposal.

    3        ~~US Department of State
                  Under international law, including the United Nations Conference on the
              Law of the Sea (UNCLOS), the United States guarantees sovereign immunity to
              foreign warships located in US waters. The US Department of State is responsible
              for coordinating shipwreck sovereign immunity issues with other nations, and
              has thus established an Interagency Task Force on Underwater Cultural
              Heritage in its Oceans Affairs Division, Marine Law and Policy Section. The US
              Department of State generally does not become involved in issues involving
              shipwrecks in US state waters unless a claim is made by a foreign nation. For
    I       ~ ~example, the British Government has approached the US State Department about
              protecting Royal Navy warships sunk in US waters, the majority of which date
              from the Revolutionary War period. There have also been diplomatic discussions
    I       ~~of shipwreck sovereign immunity issues with several other countries including
              Canada (concerning the protection of historic shipwrecks in the Great Lakes from
              unauthorized salvage activities); Mexico (concerning the USS Somers sunk-in
    I       ~~~1846 off the Port of Veracruz); France (the CSS Alabama sunk in 1864 off the Port
              of Cherbourg), Germany (German World War II U-Boats in US waters); and
    3        ~~Japan (World War II mini submarines off Hawaii).
                  The State of Florida should cooperate with the US State Department andb
              prepared to work closely with them in the event a foreign government were to
    I       ~ ~claim a shipwreck located in or on Florida's submerged sovereignty lands.
              Although no claims of historic shipwrecks have been made by sovereign nations
              to date, the Bureau of Archaeological Research has occasionally supplied
    I        ~~information on underwater sites to individuals and governments of other
              countries upon request. There are known to be historic naval vessels of Spanish,
              British, and French origin, as well as those of other countries, sunk in Florida's
    3        ~~waters.

             *                                   ~~~~~~~~~~~~84

             US Fish and Wildlife Service
    I           ~~~The US Fish and Wildlife Service manages a number of National Wildlife
             Refuges along Florida's coasts. The Bureau should cooperate with the US Fish
             and Wildlife Service for the protection of state-owned shipwrecks and other
             submerged cultural resources located in units of the National Wildlife Refuge
             system in Florida.

             Key Players:
                 State of Florida
                  *Florida Department of Environmental Protection *Florida Marine Patrol
                 a Florida Game and Fresh Water Fish Commission  *Florida Sea Grant
    a          ~~Pro gram
                 Federal Government
                 a U.S. Army Corps of Engineers 9 National Oceanic and Atmospheric
    I         ~ ~~Administration - National Park Service * US Department of the Navy*
                 Government Services Administration * US Department of State 0 U.S. Fish
                 and Wildlife Service * U.S. Forest Service

             Recommended Tasks:
            1. Continue to develop cooperative relationships with state and federal agencies
                 in the management of underwater sites.
              2. Conduct cooperative underwater survey and research programs with state
     I         ~ ~~and federal agencies.
              3. Distribute information on Florida's historic preservation laws and policies to
    I         ~ ~~federal agencies in Florida that have management responsibilities over state
                 lands and resources.

              Recommended. Changes to Statutes:
    3          ~~None

                 Recomendd Changes to Rules:
    I         ~~None

    I        ~~Recommnended Changes to Procedures:
                 Continue to develop strategies to improve the Bureau's ability to interact and
                 cooperate with other governmental agencies having management
    I         ~ ~~responsibility for underwater archaeological resources in Florida.

            I                                   ~~~~~~~~~~~~85

              LAW ENFORCEMENT

              Recmmaendation:
     ~~~~iImprove the enforcement of laws cocrigunderwater, and other
                 archaeological sites by a program of law enforcement training as well as more
    3           ~~~effective interaction between the Bureau and law enforcement agencies.

     3           ~~~Law enforcement was one of the issues -examined by the 1991 Florida Senate
              Committee on Governmental Operations review of Florida's historic preservation
              program. The Committee concluded that looting of archaeological sites was a
    I       ~ ~~serious threat and that laws were not well enforced. Law enforcement agencies
              were not widely aware of the value of archaeological sites, or of the laws enacted to
              protect them. The Committee staff recommended that the Florida Department of
    3        ~~Law Enforcement (FDLE) incorporate a training program for law enforcement
              personnel in conjunction with the Division of Historical Resources, the
              Department of Environmental Protection, and the Game and Fresh Water Fish
    3         ~~Commission.
                  The Committee recommended that the Department of Law Enforcement
              consult with these state agencies to determine if other measures might be taken to
              enforce laws against looting of archaeological sites on public property and state
              sovereignty submerged lands. Since the 1991 review, action has been taken on all
              these recommendations. The basic law enforcement training course presently
    I       ~ ~~includes two hours training in archaeological site protection for all. trainees.
              FDLE has also developed an advanced training course for law enforcement
              personnel with greater responsibility or concern for archaeological resources.
              This course will need to be revised as regulations and policies change in the

    I           ~~~The Bureau already conducts training sessions at the law enforcement
              academies for the Florida Marine Patrol, and the Florida Game and Freshwater
              Fish Commission. In addition, the Bureau is involved in Florida Park Service
    I       ~ ~training in the academy as well as in more advanced workshops for park service
              staff and managers. Aside from the training of recruits, law enforcement officers
              in the field could benefit from direct exposure to state historic preservation
    I       ~ ~~policies. The Pensacola example of interaction between the Marine Patrol and
              archaeologists points to the need for similar interaction elsewhere in the state. At
              a regional level, a simple workshop might be conducted at District Patrol offices to
    3        ~~~inform both administrative and field personnel of current state laws and policies
              regarding historical and archaeological sites. Another method of improving
              cooperation will be developing information such as a brochure or pamphlet on
              state historic preservation laws and policies that could be distributed to the
              relevant law enforcement agencies.

            I                                    ~~~~~~~~~~~~86

            Key Players:
               o Florida Department of Law Enforcement -, Florida Game and Fresh Water
                  FihCommission o Florida Marine Patrol 9 US National Park Service * US
                Coast Guard o Other law enforcement agencies

             Recommended Tasks:
             1. Incorporate submerged cultural resources in training courses for law
                enforcement recruits concerning archaeological and historical resources.
             2. Develop workshops for law enforcement officers in the field.
             3. Develop a brochure or pamphlet on state historic preservation laws for
                distribution to concerned state and federal agencies, including law
    I          ~ ~~enforcement agencies. Request law enforcement agencies to review drafts of
                the brochure for comment and revision.

      a     Recommended Changes to Statutes:
                None

             Recommnended Changes to Rules:
    I          ~~None

             Recommended Changes to Procedures:
    I         ~ ~~Further Bureau coordination with agencies listed above

           I~~~~~~~~~~~~~8

              AMATEUR ARCHAEOLOGICAL ORGAN`IZATION
              RESEARCH PERMITS

    I ~Reommuendation.:
                 Develop and mpeeta research permit system for amateur archaeological
    3           ~~~organizations to conduct archaeological activities o n state owned underwater
                 sites.

                  Participation of amateur historical and archaeological organizations in
              conducting non-consumptive research on Florida'Is submerged cultural resources
              is limited. The constructive participation of such organizations in studying
              Florida's submerged cultural resources must be an important goal of the Bureau.
              The diving public, in the form of research groups, could provide significant
    I       ~ ~~assistance in developing a growing inventory of underwater sites. There is also a
              need to encourage and supervise the organization and coordination of divers who
    3         ~~~want to participate in archaeological research.
                  The Bureau should sponsor a series of workshops to encourage the formation
              of amateur groups with education and preservation goals and well developed
    I       ~ ~codes of ethics for their members.  Such workshops might be held through
              Florida dive shops or community colleges. The workshops should consist of
              classroom as well as field training activities, and upon completion, participants
    I       ~ ~should be encouraged to join an existing preservation-oriented organization. The
              Bureau could offer courses and hi-annual conferences.
                  One way to involve amateur groups in researching Florida's underwater
              prehistory and history is through the development of an amateur research
              permit. The current rule governing archaeological permits restricts application
    3        ~~~to reputable museums, universities, colleges, or other historical, scientific or
              educational institutions or societies. A new rule for amateur permits would be
              developed for non-profit organizations. The permit would be issued to legitimate
    3         ~~groups rather than individuals.
                  The application form-for such a permit should include the goals of the group-,
              whether group members are required to sign a statement of ethics; a detailed
              research plan or proposal; whether there will be any resulting publications from
              the work; and a statement regarding the lasting benefit of any underwater
              recovery. Project applications will also take into account adherence to the
              current standards of underwater archaeology including methodology, reporting,
              analysis and conservation.

     I           ~~~~Permit activities may include underwater site analysis,-and reporting,
              surveying, sampling, and mapping of underwater sites. Permits will limit
              archaeological work to documentation projects only without recovery except in
              special cases with the participation of qualified underwater archaeologists. Any
              artifacts recovered during the research project will remain the property of the

             1                                    ~~~~~~~~~~~~88

    I        ~~State of Florida, but may be placed on long-term loan to appropriate agencies and
             institutions for public educational displays.
     I           ~~~The formation of amateur groups in Florida might be based on the model
             provided by The Maritime Archaeological and Historical Society (MAHlS) based in
             Washington, DC. The MAHS work closely with the State of Maryland in
    I      ~ ~conducting research on, and helping to manage, Maryland's submerged cultural
             resources. The Society has a written statement of ethics which all members must
              sign. The MAHS bylaw and statement of ethics could serve as a model for Florida
    I      ~ ~based organizations. Amateur organizations such as this will serve to foster a
              greater sense of resource stewardship and appreciation among Florida's
              avocational divers, and help to discourage undesirable activities on shipwreck
    I       ~ ~sites. In recent years, MIAHS members have worked with the Bureau of
              Archaeological Research and the National Park Service as volunteers assisting
              with survey and mapping projects at Biscayne National Park and Fort Jefferson
              National Park.
                 Another model for amateur groups is provided by the Nautical Archaeology
    I       ~ ~Society (NAS) in the United Kingdom. The NAS was founded in 1981 to further
              public involvement in underwater archaeology. Approximately one third of its
              members are from countries other than the UK. The Society seeks to involve
    3        ~~persons who have an interest in archaeology on land or underwater, both
              amateurs and professionals, diver or non-diver. The NAS offers Class I, II, and
              III levels of certification. The latter Class includes the preparation and
              presentation of a written report concerning participation on an archaeological
              project. The NAS is active in the US and there have been some discussions
              concerning the formation of a Florida chapter of the NAS.
     I           ~~~The Bureau should encourage Florida organizations to obtain training in
              archaeological standards and to apply for permits. The Bureau often receives
              requests from non-Florida based organizations for information and assistance in
              organizing research trips. Two previously existing Florida based organizations
              were involved in amateur archaeological research projects in Florida. These
              were the Paleontological and Archaeological Research Team (PART) and Marine
    I      ~ ~Archaeological Diving Association (MADA). These organizations were involved
              in a number of historical and prehistoric research projects including locating and
              mapping prehistoric sites in rivers and in the Gulf of Mexico, and shipwreck
    I       ~ ~mapping. Both organizations worked closely with the Bureau in their research
              projects. Both operated without formal permits as there was no legal mechanism
              to accommodate them. Both organizations participated in isolated finds collecting
    I       ~ ~and more formalized research work such of the type contemplated in the permit
              system being proposed here. Although PART and MADA have disbanded, new
              Florida based organizations will probably arise to replace them. Such
    I       ~ ~organizations, once formed, may then benefit from a minimum amount of
              archaeological instruction provided by Bureau staff. Such instruction would
              include basic techniques in underwater mapping, survey techniques, completion
              of archaeological site forms, and a discussion of archaeological ethics. These
              training courses would also afford an opportunity to discuss research options, or
              otherwise assist the groups in finding useful projects in which to participate

              Key Players
                 * Florida Anthropological Society *Florida Archaeological Council * Dive
                 shops * Dive organizations *Non-profit research dive organizations

    I        ~~Recommended Tasks:
              1. Improve cooperation between the, Bureau of Archaeological Research and
    3           ~~~~local diving groups.
              2. Develop a permitting system for amateur groups that will allow them to
    3           ~~~participate in non-consumptive archaeological research.
              3. Sponsor volunteer research projects.

    1        ~~~4. Develop a training program for sport divers and others to teach basic skills in
                  underwater archaeology and historic preservation.

              teowmmended Changes to Statutes:
                 None

              Recommended Changes to Rules:
    3           ~~~Develop a rule for amateur permits

                  RecomendedChanges to Procedures:
    I         ~ ~~Develop procedures for amateur permits

            I~~~~~~~~~~~~~9

              UNDERWATER ARCHAEOLOGICAL SITE FORM
    ~~eomnaion
    3          ~~~Develop anew archaeologfical site form tobe used by the public to report
                 underwater sites.

                 The Florida Site File within the Bureau of Archaeological Research is the
              public repository for information on all recorded archaeological and-historic sites
    I        ~~in Florida. The Site File currently uses several different forms for various types of
              sites. For example, there are archaeological site forms, historic structure forms,
              historic bridge forms; and historic cemetery forms. The forms request
              information such as location, age, condition, local environment and potential
              threats. A management information system should be developed which describes
              at a minimum, what information should be collected, why that information is
              important, and how that information will be used in decision-making. A site
              form should be designed to fit these information needs to specifically address
              underwater sites. It should be user-friendly and require minimum expertise to
              complete. Information collected should be evaluated to ensure that it meets the
              needs of management decision-making and the technical requirements of the
              database.
     I            ~~~~One example of a user-friendly form is the Dive into History survey form
              produced jointly by The Royal Commission on the Historical Monuments of
              England and the Nautical Archaeology Society of England. It is printed on a large
    I       ~ ~~fold out piece of paper with sections for information on site location, dive details,
              site description, site plan and artifact drawings and site environment. This form
              has been adapted by the National Monuments Council of South Africa into a
    I       ~ ~folded site information mailer that is completed by the diver and mailed to the
              national shipwreck database.

    I        ~~Key Pae
                 * Sport divers -, Nautical historians

              Recommended Tasks:
              1. Develop a user-friendly site information form for use by divers and others in
                  the field to report underwater sites.
              2. Develop a procedure to acknowledge the efforts of those who complete and
     I          ~ ~~submit site forms.
              3. Encourage reporting of wrecks and other sites buried or partially exposed in
     I          ~ ~~beaches.

        I     Recommended Changes to Statutes:~
                 None

             I                                    ~~~~~~~~~~~~91

    Recommended Chnnges to Rules:
      None

    Recommended Changes to Procedures
      Develop a new archaeological site reporting form for underwater sites.

                                      92

    FLORIDA MASTER SITE FILE

    Recommendation:
       Improve the Florida Master Site File to provide more current information on
       submerged cultural resources.

       The Review and Compliance Section of the Bureau of Historic Preservation is
    responsible for ensuring that potential impacts to submerged cultural resources
    on state owned lands are considered in review and approval of development
    projects on those lands. To do this, the Review and Compliance Section obtains
    information from a variety of sources, including the Florida Site File.

       The Florida Site File should maintain current copies of all navigational charts
    for the state showing the locations of known underwater sites, artificial reefs,
    previous Army Corps of Engineers permitted sites (including beach re-
    nourishment "borrow" areas), and areas in which surveys have been conducted.
    The Florida Site File should incorporate data from the National Oceanic and
    Atmospheric Administration's Automated Wreck and Obstruction Information
    System, and from the U.S. Coast Guard databases on shipwrecks and
    navigational obstructions.

    Key Players
       * Bureau of Archaeological Research, Florida Site File * National Oceanic
       and Atmospheric Administration * US Coast Guard � US Army Corps of
       Engineers

    Recommended Tasks:
    1. The Bureau should obtain current copies of all navigational charts for the
       State.
    2. The Bureau should obtain current data from the NOAA Automated Wreck
       and Obstruction Information System, and U.S. Coast Guard data bases on
       shipwrecks and navigational obstructions.

    Recommended Changes to Statutes:
       None

    Recommended Changes to Rules:
       None
    Recommended Changes to Procedures:
       Improve information maintained by the Bureau of Archaeological Research
       that is used by the Review and Compliance Section of the Bureau of Historic
       Preservation to assess potential impacts of projects to submerged cultural
       resources.

    DREDGE AND FILL ACTIVITIES

    Reconmnendation:
       Continue to cooperate with state and federal review agencies for projects
       requiring dredge and fill permits.

        The Bureau of Archaeological Research should continue to work closely with
    the Review and Compliance Section of the Bureau of Historic Preservation in
    review of projects involving dredge and fill permits. Virtually all such projects
    are federal undertakings by virtue of US Army Corps of Engineers permitting,
    and Section 106 procedures are required to be followed. The Bureau of
    Archaeological Research should assist in review of permit applications as
    appropriate and provide expertise concerning submerged cultural resources
    when needed.

    Key Players
       * Bureau of Historic Preservation * US Army Corps of Engineers � Florida
       Department of Environmental Protection

    Recommended Tasks:
    1. Identify sites located in and near areas of project construction. Ensure that
        thorough background research and pre-dredging surveys prior to dredging
        activities are recommended to applicants when appropriate.

    2. Review standards for underwater survey to ensure maximum identification
        of, and minimal disturbance to, submerged cultural resources.

    3. Develop closer working relationships with other local, state and federal
        agencies that perform dredge and fill operations.

    H  Recommended Changes to Statutes:
       None

    Recommended Changes to Rules:
       None

    U  Recommended Changes to Procedures:
       Implement Recommended Tasks as per above.

             OIL AND GAS EXPLORATION AND EXTRACTION

             Reconmmendation:
                Cooperate with state and federal agencies to ensure that submerged cultural
                resources are considered in offshore oil and gas activities.

                 Although oil and gas activities occur in the Gulf of Mexico off the Florida
             coast, these are far from the state's ten mile territorial boundary at present. Such
             activities have no state involvement; consideration of submerged cultural
             resources in these federal waters is the responsibility of Minerals Management
             Service of the US Department of Interior. Should oil and gas activities in the
             future be permitted within the state boundary on state submerged lands, Florida
             will develop a regulatory and permitting process consistent with state and federal
             laws that apply to such activities. The context for consideration of cultural
             resources will continue to be the federal Section 106 process as already followed in
             federal waters, supplemented by any additional mandated state procedures. The
             Division should participate in the development of any oil and gas regulatory and
             permitting program for state waters to ensure that cultural resources are
             adequately considered.

             Key Players:
                * Bureau of Historic Preservation * US Department of Interior, Minerals
                Management Service * Florida Geological Survey, Oil and Gas Section
                * Florida Department of Environmental Protection

             Recommended Tasks:
             1. Identify sites located in, and near, areas of proposed exploration.

             2. Develop standards for survey, assessment, avoidance, and mitigation in
                 cooperation with other local, state and federal agencies.

             Recommended Changes to Statutes:
    I         ~~None

             Recommended Changes to Rules:
                None

             Recommended Changes to Procedures:
                Implement Recommended Tasks as per above.

                                                95

    BOATING ACTIVITIES

    Recommendation:
       Evaluate and address impacts to shoreline and submerged archaeological sites
       by boat wakes or propellers

        The potential impact to underwater and shoreline cultural resources from
    boat wakes and propellers is not well understood. Many factors contribute to the
    erosion of coastal and river shores and it is difficult to isolate from these multiple
    causes the degree of erosion that could be prevented by addressing boating
    activities. A series of submerged and shoreline archaeological sites should be
    monitored to record rates and causes of erosion as a means of determining losses
    due to storms, meandering, or general sea level rise. If boats are determined to be
    an important cause of erosion, solutions should be sought in cooperation with
    local and statewide boating organizations as well as agencies with experience and
    authority in the issue.

        The Bureau should, as recommended elsewhere, cooperate with sport divers
    and other interested participants to identify, inventory, and record cultural
    resources that are subject to erosion damage, regardless of the cause. Once a
    broader experience of site type and vulnerability to erosion is obtained on a
    regional or statewide basis, it may be possible to design more appropriate
    protection or mitigation solutions.

    Key Players
       ; Florida   Department of Environmental Protection * Florida Marine Patrol
       � Florida Game and Freshwater Fish Commission

    Recommended Tasks:
    1. Identify and record sites in order to mitigate erosion.

    2. Establish reference markers to use as a base for monitoring site changes.

    3. Monitor selected sites to document impacts from boat wakes, navigational
        improvements, dredging, propellor wash, site visitation, storms, and other
        and natural factors.

    4. Develop long-term management plans based on an assessment of the results
        of the above listed activities.

    Recommended Changes to Statutes:
       None
    I  Recommended Changes to Rules:
       None

    I  Recommended Changes to Procedures:
       Implement Recommended Tasks as per above.

                                        96

    FISHING ACTITIES

    Recommendation:
       Develop increased communication and cooperation with commercial and sport
       fishermen to learn more about submerged cultural resources and their
       conditions.

        One of the most important source of information about potential shipwreck
    sites is commercial shrimpers and fishermen. Besides having local, personal
    knowledge of maritime history, they also maintain records of locations where nets
    have snagged or artifacts have been pulled up. Traditionally, boat captains log
    location records of snags as areas to avoid so as not to foul or lose expensive nets
    and equipment. Many such locations are shipwrecks.

       The Bureau has had some success in establishing personal relationships with
    some commercial fishermen. Efforts to establish personal as well as
    organizational relationships with the commercial fishing industry and its local
    members should be continued and expanded. Experience has shown that
    fishermen have an abiding interest in their region's maritime history and are
    often willing to cooperate in shipwreck surveys by supplying information once a
    trusting relationship has been established.

    Key Players
       1  Fishing organizations * Commercial fishermen * Florida Marine Patrol

    Recommended Tasks:
    1. Continue to develop and build new relationships with commercial fishermen
       and fishing organizations to learn of new sites, and to enlist the help of
       fishermen in decreasing the impact on cultural resources.

    2. Work with commercial fishermen and organizations to develop a
       comprehensive map, showing coordinates of "snag" sites and areas of
       particular sensitivity.

    3. encourage improved communication about shipwrecks and cultural
       resources in appropriate newsletter and established industry publications.

    I  Recommended Changes to Statutes:
       None
    Recommended Changes to Rules:
       None

    I  Recommended Changes to Procedures:
       Implement Recommended Tasks as per above.

                                       97

    *        ~NATURAL IMPACTS

    3        ~Recommendation:
                 Review and assess site deterioration as part of the survey and inventory
     3          ~~~process and ipentmeasures to protect sites from erosion or mitigate loss.

                 There are a broad range of natural factors that can impact submerged
              cultural sites. The most dramatic are hurricanes and major storms, but less
              intensive persistent factors can also take a toll. In these cases, protective
              solutions are those that address the resource rather than the cause, as most
              natural forces cannot be effectively diminished.
                 Approaches to protecting sites or mitigating loss should begin with collection
    I       ~ ~of reliable survey and assessment information. On a statewide basis this can only
              be accomplished in cooperation with public groups that are interested and willing
              to assist. Sites subjected to continuing and persistent deterioration from natural
              forces should be addressed prior to sites that are stable. Accurate and
              comprehensive recording and monitoring can indicate which sites are most in
              need of attention. In some cases, protective measures may be shown to be
              ineffective and data recovery may be necessary in the face of further deterioration.
              Such projects must also depend on volunteer and public cooperation.

     3           ~~~Following major storms, floods, or other damaging events, affected sites
              should be surveyed and recorded to document the degree and type of damage.
              Repair of structures or replacement of protective sediments may be in order so as
              to recreate a previous stable state.

              Key Players
     I           ~~~* Florida Department of Environmental Protection * Florida Marine Patrol
                 9 Florida Game and Freshwater Fish Commission 0 National Park Service
    3           ~~~* National Oceanic and Atmospheric Administration

              Recommended Tasks:
    I       ~ ~1. Sponsor monitoring of sites by volunteer dive organizations.
    3        ~~2. Monitor sites before and after storms.

              3. Assess damage and effect of various protective measures to improve future
    *           ~~~~strategies.

                 RecomendedChanges to Statutes.-
    3          ~~None

    Recommended Changes to Rules:
       None

    Recommended Changes to Procedures
       Implement Recommended Tasks as per above.

                                      99
    I~~~~~~~~~~~~~~~~~j

          I                           ~~~~APPENDIX ONE:

    *         ~National and International Submerged Cultural

                       Resources Comparative Matrix Table

    ~~I       IN NtODUCTION
                 The assessment of the current state of submerged cultural resource
             management both in the United States and abroad was an important step in
             preparing a management plan for Florida's underwater cultural resources.
             Management of submerged cultural resources has changed significantly over the
    I      ~ ~past few decades, and it was thought that an overview of current legislation would
             allow Florida to examine some of the latest and most creative initiatives taken by
             other jurisdictions.
                 Given the tremendous amount of material, it was necessary to make certain
             decisions regarding what types of data would be solicited, and from where.
    I       ~ ~Generally, research focused on those issues which reflect circumstances in
             Florida. In large part, the research was conducted by telephone interviews with
             the appropriate officials charged with handling questions of submerged cultural
    I      ~ ~resource management. Often, a copy of that state's pertinent legislation was
             solicited along with any other relevant materials. Additionally, information was
             extracted from various publications relating to submerged cultural resources
             management. This information was used to update existing sources.

                 The following written sources were used along with telephone and written
    *        ~~communications:
             Department of the Interior, National Park Service.
             1989   Abandoned Shipwreck Act Guidelines; Proposed Guidelines; Notice.
                     Federal Register, volume 54, number 63, pages 13642-13658.
             Department of the Interior, National Park Service.
             1990 The Abandoned Shipwreck Act Guidelines. Federal Register, Vol. 55, No.
                   233, pages 50116-50145.
    I        ~~Murphy, Joy Waldron (ed.)
             1988 Appendix D - "Overview of Existing State Legislation, and Programs", pp.
                   D1-D9, in National Trust for Historic Preservation. Historic Shipwrecks:
                   Issues in Management. Washington, D.C.: Partners for Liveable Places.
             The Ontario Heritage Foundation
    I         1992I  Preserving Great Lakes Underwater Heritage: A Review of Regulation and
                   Policy. Minutes of a Meeting Hold in Windsor, Ontario, Canada, February
                   15-16, 1992. Toronto: The Ontario Heritage Foundation.

    Sea Grant.
    1982 Sportdiver's Handbook for Historic Shipwrecks: Tools and Techniques.
          Durham, N.H.: Northeast Marine Advisory Council, pp. 6-8.

    Vrana, Kenneth J. and Edward Mahoney, (ed.)
    1993   Great Lakes Underwater Cultural Resources: Important Information
           For Shaping Our Future, Proceedings of the Great Lakes Regional
           Conference on Underwater Cultural Resource Policy, February 3-4, 1993,
           Michigan State University. Department of Park and Recreation
           Resources, East Lansing.

    Vrana, Kenneth J. and Edward Mahoney (ed.).
    1993 Proceedings of the Great Lakes Regional Conference on Underwater
          Cultural Resource Policy February 3-4, 1993, Michigan State University
          East Lansing, Michigan: The Department of Parks and Recreation
          Resources.

       The information was organized in the following table so that an overview of
    the states' programs could be readily available. Using this comparative method,
    those programs were identified which might possible be relevant to Florida. The
    best or most useful of these programs are summarized in the following pages.

    Table Categories:
    Snecific Underwater Heritage Legislation
       While all U.S. States, Territories and countries maintain sovereignty over
    their submerged lands, few make specific provisions for submerged cultural
    resources. The purpose of this category was to ascertain which states have
    developed legislation explicitly defining submerged cultural resources on their
    bottomlands, and outlined provisions for their protection or management.

    Snecific Marine Archaeologv Program
       Most U.S. States assign their State Historic Preservation Officers (SHPO's) to
    handle management considerations for their submerged resources. In many
    cases, however, this assignment is only one of many duties the SHPO's must
    perform. For the purposes of this table, only those states are included which have
    established programs (i.e., office space and a budget) to deal specifically with
    underwater archaeology and/or maritime heritage.

    Underwater Archaeological Preserves
       The concept of shipwreck preserves as a vehicle for underwater recreation
    and education is a relatively new one. Nevertheless, several states have already
    designated sites on their submerged lands as off-limits to salvage or collecting in
    hopes of fostering an appreciation of maritime history and encouraging
    underwater tourism. In some cases these preserves are in name only, and offer
    little in the way of interpretation or facilities. Regardless of program

    I       ~~development, this category includes states which have or are in the process of
             developing underwater preserves.
    I       ~~State Interaction with Amateur Underwater Archaeological Societies
                 Organized underwater historical societies often play an important part in
             furthering states' interests in submerged cultural resources. Though many
    I      ~ ~smaller organizations probably went unrecognized during this survey, as many
             as possible have been named.
    3       ~~Amateur Snort Diving Collecting
                 Here the chart is 'intended to show which states will allow divers to collect
             artifacts from their bottomlands, and under what circumstances. In areas where
    I      ~ ~recreational diving is a rarity, such as the western U.S., the issue of collecting is
             often not considered in legislation.
             Marine Salvage Regulated
     I        ~     ~~This category shows which states have administrative mechanisms to grant
             or deny permits for salvage of their submerged cultural resources. Here,
             questions of historic vs. non-historic objects were not addressed--only whether the
             states had sought to regulate salvage in general. Many of the western or inland
             U.S. states have never issued a permit, though technically a person seeking to
             remove or alter objects on their bottomnlands would have to seek approval from the
             appropriate government agency. Further, most large water bodies in the western
             United States are in the form of reservoirs or are otherwise under federal
    I       ~~jurisdiction.
             Scientific Research Regulated
                 While some of the coastal U.S. states do make a distinction in requirements
    I      ~ ~for scientific vs. salvage permits, this category sought only to confirm whether or
             not the states would issue permits for research on their submerged lands.

             Abbreviations:
    I       ~~The table contains several abbreviations, here they are written out in full:
                 ASA:   Abandoned Shipwreck Act
     I         ~ ~~COE:   Army Corps of Engineers
                 DHR:   Division of Historical Resources
                 DNR:   Department of Natural Resources (the name of the department used
                          by many U.S. States)
                 NOAA: National Oceanic and Atmospheric Administration
                 NPS-   National Park Service
     3          ~~~SCR:   Submerged Cultural Resources

              U.S. STATE or    SPECIFIC                          SPECIFIC                  UNDERWATER                GOVERNMENT    AMATEUR SPORT  MARINE                                           MARINE
              COUNTRY                   UNDERWATER    MARINE                               ARCHAEOLOG.    INTERACTION    DIVER                                           SALVAGE                   SCIENTIFIC
                                       HERITAGE                 ARCHAEOLOGY   PRESERVES:                            WITH AMATEUR   COLLECTING:    REGULATED                                       RESEARCH
                                       LEGISLATION    PROGRAM                             SHIPWRECKS,               UNDERWATER                                                                    REGULATED
                                                                                         PREHISTORIC &             ARCHAEOLOGY
                                                                                         HISTORIC SITES            SOCIETIES
              U.S.A.:

              Alabama                   legislation proposed in  Alabama Department                                                            sport divers can take    Salvage permit             Y - state places limits
                                       response to passage    of Conservation                                                                 isolated finds            requires posting a        on scientific research
                                       of Abandoned                                                                                                                     surety bond
                                       Shipwreck Act                                                                                          Alabama issues a
                                                                                                                                            recreational collecting  state places limits on
                                                                                                                                            (Search &                commercial salvage of
                                                                                                                                            Identification) permit    historic shipwrecks
              Alaska
              Arizona                                                                       1987 survey by the                                 not an issue              most waters under         federal waters
                                                                                         NPS of an inundated                                                          federal control
                                                                                         mining operation and
                                                                                         paddle wheeler
             Arkansas                  in the process of                                  plans to raise a Civil                                                        Y - no restrictions on    Y - no restrictions on
                                       developing standards                               War gunboat for a park                                                        commercial salvage of  scientific
                                                                                         were abandoned                                                                historic wrecks           investigations of
                                                                                                                                                                                              historic wrecks
              California                Y                        Y, State Lands            established one                                     permits may be issued  commercial permit            scientific permit
                                                                Commission                underwater                                          allowing the use of
                                                                administers the           archaeological                                      hand tools
                                                                Shipwreck & Maritime    preserve in Lake                                      (recreational permit)
                                                                Resources Proaram        Tahoe 9/94
             Colorado                                                                                                                                                   no history of salvage    not considered an
                                                                                                                                                                                              issue
             Connecticut                                                                                                                                                not an issue, as N.Y.
                                                                                                                                                                     controls most
                                                                                                                                                                     bottomlands
              Delaware                  basing draft legislation                           the mishandling of the                              collecting is not         through DNR- DHR          through the DNR
                                       on ASA                                              1986 De Braak                                       regulated                acts as advisory board
                                                                                         recovery has led to
                                                                                         discussion of issue

    m    Iw  m - a m _f '-  _                                                                                                                                            - - _

    U.S. STATE or    SPECIFIC                         SPECIFIC                  UNDERWATER               GOVERNMENT    AMATEUR SPORT  MARINE                                         MARINE
    COUNTRY                  UNDERWATER    MARINE                               ARCHAEOLOG.    INTERACTION    DIVER                                         SALVAGE                  SCIENTIFIC
                            HERITAGE                 ARCHAEOLOGY   PRESERVES:                           WITH AMATEUR   COLLECTING:    REGULATED                                     RESEARCH
                            LEGISLATION              PROGRAM                  SHIPWRECKS,               UNDERWATER                                                                  REGULATED
                                                                               PREHISTORIC &            ARCHAEOLOGY
                                                                              HISTORIC SITES           SOCIETIES
    U.S.A.:

    Florida                  Florida Historical       Y, Underwater             established five         Marine Archaeological                              Y                        Y
                             Resources Act            Archaeology Sectionl   archaeological              Divers Assoc. & the
                                                      Bureau of                preserves since 1987    Paleontological
                            in the process of        Archaeological                                     & Archaeological
                            developing a             Research                                           Research Team (both
                            management plan                                                             currently inactive)
                             (994)
    Georgia                  Y                        Georgia Department of                                                                                 Y                        Applicant must be a
                                                      Natural Resources,                                                                                                            scientific or
                                                      Parks, Recreation and                                                                                                         educational institution
                                                      Historic sites Division
    Hawaii                   only a general                                     some survey work by                                                         Y                        Y
                             antiquities law                                   SCR Unit of the NPS
    Idaho                                                                                                                                                   Y                        Y
    Illinois                                                                                             Chicago Underwater                                 Y                        Y
                                                                                                        Arch. Society
                                                                                                        -used volunteers in
                                                                                                        recording project- for
                                                                                                        NR nomination forms
    Indiana                  have a quasi-official                              interested in creating a                                                    through DNR Division    Also through DNR
                             plan-not implemented                              preserve in Lake                                                             of Water
                                                                               Michigan
    Iowa                     historic preservation    some research into        there may be hundreds                              collecting is             question has never      no history of
                             plan accommodates        site potential (no       of sunken steamboats                               unregulated               arisen                   applications
                             historic shipwrecks      formal program)          in Iowa's rivers
    Kansas                                                                      have several                                       not a problem            most water bodies         few applications
                                                                               steamboat wrecks, in                                                        managed by the Army
                                                                               accreted lands, no                                                          COE, salvage is not
                                                                               plans for preserves                                                         much of an issue
    Kentucky                                          State Historic                                                               unregulated              has never been an         no applications
                                                      Preservation Office                                                                                  issue
                                                      wishes to establish
                                                      shipwreck
                                                      management program

             -Ax   " _ W                                                                 _ _                                                                       _                                         '

                               U.S. STATE or    SPECIFIC                       SPECIFIC                 UNDERWATER              GOVERNMENT    AMATEUR SPORT  MARINE                                       MARINE
                               COUNTRY                 UNDERWATER    MARINE                             ARCHAEOLOG.   INTERACTION    DIVER                                       SALVAGE                  SCIENTIFIC
                                                       HERITAGE                ARCHAEOLOGY   PRESERVES:                         WITH AMATEUR   COLLECTING:    REGULATED                                  RESEARCH
                                                       LEGISLATION             PROGRAM                  SHIPWRECKS,             UNDERWATER                                                               REGULATED
                                                                                                       PREHISTORIC &           ARCHAEOLOGY
                                                                                                       HISTORIC SITES          SOCIETIES
                               U.S.A.:

                               Louisiana               management plan          Division of                                     traveling exhibit on the                         Land and Underwater    Scientific Research
                                                       prepared 1990 - not yet  Archaeology has                                 excavation of the El                             Treasure Permit may    Permit
                                                       implemented             established shipwreck                            Constante (1766)                                 be issued under
                                                                               management program                              (excavated 1980-                                 certain conditions
                                                                                                                               1981) (project funded                           (applicant must be
                                                                                                                               jointly by the State and                         bonded)
                                                                                                                               treasure salvers)
                                Maine                  An Act to Preserve       Maine State Museum.   no preserves, exhibit   Maritime                                            Maine prohibits the     Y
                                                       Maine's Archaeological                           for the brigantine      Archaeological &                                 commercial salvage of
                                                       Heritage (1981).        Maine Historic           Defence (excavated    Historical Research                                historic shipwrecks
                                                                               Preservation            from 1975-1981)          Institute works with the
                                                       Submerged               Commission.                                      Maine State Museum                               Maine retains
                                                       Archaeological Historic                                                                                                   ownership of all
                                                       Property Act of 1988.                                                                                                     objects recovered on
                                                                                                                                                                               its submerged lands
                                                       Draft shipwreck
                                                       management plan,
                                                       1989/1990 prepared by
                                                       Maine Historic
                                                       Preservation
                                                       Commission.
                               Maryland                An Act Concerning        Y- Maryland Maritime    1 dive preserve- WW II Underwater                5 artifacts from any    Y - requires a           Y - Archaeological
                                                       Submerged               Archaeology Program   German U-1105 to           Archaeological           one she may obtained   performance bond         Research Permit.
                                                       Archaeological Historic  administered by the     open in Fall 94         Society of Maryland      with hand tools without                         Archaeological
                                                       Property                Maryland Historic Trust                                                   a permit                                        Excavation Permit.

    r   '" -l -� -   (_ -    -5 -

     U.S. STATE or    SPECIFIC                         SPECIFIC                  UNDERWATER    GOVERNMENT    AMATEUR SPORT  MARINE                                                     MARINE
     COUNTRY                  UNDERWATER    MARINE                               ARCHAEOLOG.   INTERACTION    DIVER                                          SALVAGE                   SCIENTIFIC
                             HERITAGE                 ARCHAEOLOGY   PRESERVES:                           WITH AMATEUR   COLLECTING:    REGULATED                                     RESEARCH
                             LEGISLATION    PROGRAM                             SHIPWRECKS,              UNDERWATER                                                                  REGULATED
                                                                               PREHISTORIC &            ARCHAEOLOGY
                                                                               HISTORIC SITES           SOCIETIES
     U.S.A.:

     Massachusetts            Y                        Y, the Massachusetts   have a list of over 40    Y (Narragansett Bay         only with permit- the    Excavation permits        Y - List of Shipwrecks
                                                      Board of Underwater      'exempted ship-           Underwater Arch.         majority are for         required for              which are exempt from
                                                      Archaeological           wrecks' to protect        Project 1993/94)         reconnaissance           destructive activities    commercial salvage
                                                      Resources                them from salvage                                  permits                  from test excavations   activities is maintained
                                                                               permits                                                                     to mitigation.           by the Board

                                                                                                                                                          Reconnaissance
                                                                                                                                                          permits for sport
                                                                                                                                                          divers, commercial
                                                                                                                                                          ventures, and
                                                                                                                                                          museums
     Michigan                 Y                        Y, administered by the   9 Underwater              The Michigan              legal outside of         Y                         Y
                                                      Bureau of History        Preserves to date         Underwater Preserves  preserves & not
                                                                                                        Council, Inc.            attached or on a
                                                                                                                                 wreck- and by hand
     Minnesota                currently have a draft   4 year study of           none formal, but                                                            Y                         Y
                             management plan          Minnesota's Lake          publicize wrecks in L.
                                                      Superior shipwrecks      Superior
                                                      (1990-1994)
     Mississippi              1992 plan for the                                                                                     silty water conditions    Y, though none issued  Y
                             preservation of                                                                                       discourage diving        last few years
                             underwater resources
     Missouri                 Y                                                  have an inundated                                  most shipwrecks in       most waters federally   Y
                                                                               lead mine as a state                              accreted lands            controlled
                                                                               historic site
     Montana                                                                                                                        covered by general       on state lands may        possible, but rarely
                                                                                                                                 antiquities laws but do   issue permit- but most  used
                                                                                                                                 have some looting        waters are federally
                                                                                                                                 problems                 controlled

    ,~ -s                                                                       -r-  i                                                                                                 -T mIi

    U.S. STATE or    SPECIFIC                        SPECIFIC                 UNDERWATER    GOVERNMENT    AMATEUR SPORT  MARINE                                                   MARINE
    COUNTRY                 UNDERWATER    MARINE                              ARCHAEOLOG.    INTERACTION    DIVER                                        SALVAGE                  SCIENTIFIC
                           HERITAGE                 ARCHAEOLOGY   PRESERVES:                          WITH AMATEUR   COLLECTING:    REGULATED                                    RESEARCH
                            LEGISLATION              PROGRAM                  SHIPWRECKS,              UNDERWATER                                                                 REGULATED
                                                                            PREHISTORIC &           ARCHAEOLOGY
                                                                            HISTORIC SITES          SOCIETIES
    U.S.A.:

    Nebraska                                                                  steamship in the                                  unrestricted on          not a issue              no history of
                                                                            Missouri, the Bertrand                            unrecognized sies                                applications
                                                                            (1855) declared State
                                                                            Archaeological Site,
                                                                            located in DeSoto
                                                                            National Wildlife
                                                                             Reserve.
                                                                            - no preserves
    New Hampshire           Y - management plan    Division of Historic       considering program                                isolated finds may be   Y                        Y
                            prepared in 1990         Resources                similar to that of                                kept after reported
                                                                            Vermont                                           them to DHR
    New Jersey              Historical and           Office of New Jersey                                                                                Y                        Y
                            archaeological           Heritage is
                            resources are            coordinating with
                            protected under the NJ  Department of
                            Environmental            Environmental
                            Regulation Land Use    Protection and the
                            Program, rules on        State Museum
                            coastal zone
                            management.
    New Mexico                                                                                                                   not a problem           most waters under         no history of
                                                                                                                                                     COE iurisdiction         applications
    New York                underwater               abandoned shipwreck   3 Submerged Heritage   Bateaux Below Inc.                                     Y                        Y
                            archaeological sites     management program   Preserves established  Lake George Regional
                            protected by State       established under        in Lake George           Nautical History and
                            Education Law            Education Law Sec.                                Archaeology
                                                    233
    North Carolina          Y, State (N.C.) Laws      Underwater               U.S.S. Huron (1877)                               short-term Sport and    permits for exploration,  Y
                            Relating to Cultural     Archaeology              Shipwreck Preserve                                Hobby Exploration        recovery, salvage and
                            Resources                Archaeological Unit                                                        Permit                   underwater
                                                                                                                                                     archaeology
    Ohio                    Y, passed in 1993         Submerged Lands          have authority to                                 no permit required to    Y, Salvage allowed if    Y
                                                    Advisory Committee      create, none                                       recover isolated finds   outside of a Lake Erie
                                                                            designated yet                                                             Submerged Lands
                                                                                                                                                     Preserve

                                                                          ~~~na

      U.S. STATE or    SPECIFIC                       SPECIFIC                 UNDERWATER    GOVERNMENT    AMATEUR SPORT  MARINE                                                 MARINE
      COUNTRY                 UNDERWATER    MARINE                             ARCHAEOLOG.    INTERACTION    DIVER                                       SALVAGE                 SCIENTIFIC
                             HERITAGE                ARCHAEOLOGY   PRESERVES:                         WITH AMATEUR   COLLECTING:    REGULATED                                   RESEARCH
                              LEGISLATION             PROGRAM                  SHIPWRECKS,             UNDERWATER                                                                REGULATED
                                                                              PREHISTORIC &           ARCHAEOLOGY
                                                                              HISTORIC SITES          SOCIETIES
      U.S.A.:

      Oklahoma                                                                  have some sunken                                illegal under antiquities  most waters are       can issue permits.
                                                                              river ferries, no plans                          law, some problems      federally managed,       rarely have occasion
                                                                              for preserves                                    with site looting       salvage is almost        to
                                                                                                                                                      unknown
      Oregon                  part of Oregon Coastal                           natural underwater                               isolated finds may be   Y - few applications     Y
                              Management Plan.                                 parks only                                       kept for 'objects
                                                                                                                              exposed by the forces
                             Oregon Territorial Sea                                                                            of nature'
                              Management
                              Study/Plan.
      Pennsylvania            no legislation but have                          may try to work with                                                      Y, though have never   Y
                             survey and sensitivity                           several wreck sites in                                                   issued a permit
                             studies                                          Lake Erie
      Rhode Island            Y                       Rhode Island                                                                                       Y, though have never   Y- permits issued for
                                                      Underwater Program                                                                                Issued a permit         archaeological field
                                                      administered by the                                                                                                       investigations
                                                      Rhode Island Historic
                                                      Preservation
                                                      Commission
      South Carolina          Y - The South Carolina   Y, Underwater Arch.                              have a training         issue a hobby diving   Y - SCIAA issues          Y - SCIAA issues non-
                              Antiquities Act of 1991  Division of the SC                              program for dive         license - no use of     commercial data          commercial data
                                                      Institute of Arch. and                           instructors             tools allowed            recovery license        recovery license
                                                      Anthropology
      South Dakota                                                                                                              not an issue             most waters federal     most waters federal
      Tennessee                                                                working towards                                  T.V.A. initiated action  no history of           Y, first permit issued
                                                                              district nomination for                          against the illegal     applications             in summer of '93 for
                                                                              Civil War gunboats                               salvage of an anchor                            studies on sunken
                                                                                                                                                                              Qunboats

    -A _w                                                                                                                    g In                                                          _ A  _  s

                     U.S. STATE or    SPECIFIC                            SPECIFIC                   UNDERWATER                 GOVERNMENT    AMATEUR SPORT  MARINE                                              MARINE
                     COUNTRY                   UNDERWATER    MARINE                                  ARCHAEOLOG.    INTERACTION    DIVER                                              SALVAGE                    SCIENTIFIC
                                               HERITAGE                   ARCHAEOLOGY   PRESERVES:                              WITH AMATEUR   COLLECTING:    REGULATED                                         RESEARCH
                                               LEGISLATION    PROGRAM                                SHIPWRECKS,                UNDERWATER                                                                      REGULATED
                                                                                                    PREHISTORIC &              ARCHAEOLOGY
                                                                                                   HISTORIC SITES             SOCIETIES
                     U.S.A.:

                     Texas                     Y - The Antiquities         Y, Texas Historical                                   Archaeological                                       Y - The Antiquities        Y - Antiquities Permits
                                               Code of Texas (1983)    Commission (formerly                                     Stewardship Program                                   Code of Texas (1983)
                                                                         the Texas Antiquities                                                                                       eliminates provisions
                                                                         Committee)                                                                                                 for commercial
                                                                                                                                                                                  treasure hunting,
                                                                                                                                                                                  replaces with
                                                                                                                                                                                  provisions for
                                                                                                                                                                                  scientific
                                                                                                                                                                                  investigations
                     Utah                                                                                                                                   not an issue              no history of              rarely needed
                                                                                                                                                                                  applications for permit
                     Vermont                   Y - Vermont Historic        Division of Historic      3 - the Phoenix,            Champlain Maritime         isolated finds - no       Y                          Y - permits issued for
                                               Preservation Act           Preservation, Agency    GeneralButler & the    Society                           permit required (divers                              reconnaissance
                                               (1975)                     of Development &           Coal Barge                                            are encouraged to                                    activities.
                                                                         Community Affairs                                                                report finds "honor
                                                                         handle responsibility                                                            system')                                             Artifact recovery
                                                                                                                                                                                                            permitted from 'non-
                                                                                                                                                                                                            significant' shipwrecks
                     Virginia                  Y                           funding for underwater   no preserves,                                                                     Y                          Y
                                                                         archaeology program    the Yorktown
                                                                         was discontinued in        Shipwreck Project
                                                                         1992                      examined several sites
                     Washington                Y - rules regarding                                   collecting is not                                      recreational artifact    Y - for salvaging           Y - Underwater field
                                               permitting revised in                                 allowed without permit                                collecting is not          historic shipwrecks       archaeology permits
                                               1989                                                 in three specific areas:                               regulated except in       contracts shall provide  for survey and
                                                                                                   Lake Washington,                                      the three specific        for fair compensation    recovery activities
                                                                                                    Elliot Bay, or Columbia                               areas described           to a salvor.
                                                                                                    River Bar (where there                                (where there are          Historic aircraft may be
                                                                                                   are known historic or                                 known historic or          recovered if they are to
                                                                                                   prehistoric                                           prehistoric                be restored for a
                                                                                                   archaeological sites)                                 archaeological sites)    museum, historical
                                                                                                                                                                                  society, non-profit
                                                                                                                                                                                  organization or
                                                                                                                                                                                  government entity.

    _m e  _gm AW                                                                                  '    lo                    ,                                 _   A                                            m '                         m

       U.S. STATE or        SPECIFIC              SPECIFIC              UNDERWATER           GOVERNMENT            AMATEUR  SPORT   MARINE                     MARINE
       COUNTRY              UNDERWATER            MARINE                ARCHAEOLOG.          INTERACTION           DIVER                 SALVAGE               SCIENTIFIC
                            HERITAGE             ARCHAEOLOGY   PRESERVES:                    WITH AMATEUR   COLLECTING:    REGULATED                          RESEARCH
                            LEGISLATION          PROGRAM               SHIPWRECKS,           UNDERWATER                                                       REGULATED
                                                                       PREHISTORIC &        ARCHAEOLOGY
                                                                       HISTORIC SITES       SOCIETIES
       U.S.A.:

       West Virginia        some discussion - no                        eligible sites likely, but                 not an issue          salvage is rare        rarely applied for
                            immediate plans                            no plans to develop
                                                                       preserves
       Wisconsin            Y                     Y, State Historical   considering a modified  Wisconsin Underwater  issue an Isolated  Y                     Y - Survey/Excavation
                                                 Society Underwater    version of Michigan's   Archaeological Society Finds Recovery Permit                  Permit
                                                 Archaeology Advisory  preserve system
                                                 Committee (since
                                                 1988)
       Wyoming                                                                                                                           not considered an     no applications for
                                                                                                                                       issue, permit        permit
                                                                                                                                       technically possible

    _ ''_m _ Am _n                                                     _ so mm, -' _ -                                                                          _

                   U.S. STATE or    SPECIFIC                         SPECIFIC                  UNDERWATER               GOVERNMENT    AMATEUR SPORT  MARINE                                          MARINE
                   COUNTRY                  UNDERWATER    MARINE                               ARCHAEOLOG.   INTERACTION                          DIVER                    SALVAGE                   SCIENTIFIC
                                           HERITAGE                 ARCHAEOLOGY   PRESERVES:                           WITH AMATEUR   COLLECTING:    REGULATED                                     RESEARCH
                                           LEGISLATION    PROGRAM                             SHIPWRECKS,               UNDERWATER                                                                 REGULATED
                                                                                            PREHISTORIC &            ARCHAEOLOGY
                                                                                            HISTORIC SITES           SOCIETIES
                   US Territories:

                   American Samoa           N                         N                        N                        N                         N                        N                         N
                   Guam                     Y                        Y (Guam Office of
                                                                    Historic Pres. ran a
                                                                   training school in
                                                                    SCRM for SHPO reps
                                                                   from several
                                                                    Micronesian Islands in
                                                                    1987)
                                                                    (USN and SCRU of
                                                                    NPS conducted SCR
                                                                    research in 1987)
                   Pacific US Trust                                  ? (surveys conducted   Y (Truk Lagoon,
                   Territories, etc.:                                by the SCR Unit of the   Caroline Islands)
                                                                    NPS on many US Trust
                   Federated States of                               Territory islands)        (1946 atomic bomb
                   Micronesia (FSM),                                                           test: sunken fleet in
                   Caroline & Marshall                                                         Bikini Atoll-Lagoon in
                   Islands Bikini Atoll                                                        Marshall Islands being
                   (Lagoon); Rota; Palau                                                       considered as an
                                                                                            underwater shipwreck
                                                                                            preserve similar to
                                                                                            Truk Lagoon)

                                                                                            Other W.W.II sites?)
                   Puerto Rico              Y                        Y (Council of             N (1991/92 proposal      N (educational and        ??                       Y                         Y
                                                                   Underwater               for the establishment    outreach programs
                                                                   Archaeology, Institute  of an underwater           under consideration in
                                                                   of Puerto Rican          preserve not passed)    1990 as part of larger
                                                                    Culture)                                           manaaement plan)
                   US Virgin Islands        N                        N                         N                         N                        Y                        Y (only 1 underwater      Y (no permits yet
                                                                                                                                                                     permit applied for -     applied for)
                                                                                                                                                                     refused)

    _ _ C nmi-   _m _                                                                                                                            m'__ 'm  mm

    U.S. STATE or    SPECIFIC                   SPECIFIC               UNDERWATER            GOVERNMENT    AMATEUR SPORT  MARINE                                 MARINE
    COUNTRY               UNDERWATER            MARINE                 ARCHAEOLOG.    INTERACTION                   DIVER                 SALVAGE                SCIENTIFIC
                          HERITAGE              ARCHAEOLOGY   PRESERVES:                     WITH AMATEUR   COLLECTING:    REGULATED                            RESEARCH
                          LEGISLATION           PROGRAM               SHIPWRECKS,            UNDERWATER                                                         REGULATED
                                                                      PREHISTORIC &         ARCHAEOLOGY
                                                                      HISTORIC SITES        SOCIETIES
    Canada
    (Provinces):

    Alberta               Y                     Y                      N                     Y [Underwater                                Y                      Y
                                                                                            Archaeology Society
                                                                                            of Alberta]
    British Columbia      Y                                            Y  (several marine    Y [Underwater                                Y                      Y
                                                                      parks                 Archaeology Society
                                                                      3 protected wreck     of BC (UASBC)]
                                                                      sites)
    Newfoundland          Y                     Y                      N                     Y [Newfoundland                              Y                      Y
                                                                                            Marine Archaeology
                                                                                            society (NMAS)1
    Nova Scotia           Y (Special Places     Y                      N                     Y [Underwater                                Y                      Y
                          Protection Act)                                                    Archaeology Society
                                                                                            of Nova Scotia
                                                                                            (UASNS)I
    Ontario               Y                     Y                      1 (Fathom Five -now a  Y (Save Ontario                             Y                      Y
                                                                      National Marine Park)   Wrecks (SOS);
                                                                                            Preserve Ontario
                                                                                            Wrecks (POW)1

                   U.S. STATE or    SPECIFIC                        SPECIFIC                  UNDERWATER              GOVERNMENT                AMATEUR SPORT  MARINE                             MARINE
                   COUNTRY                 UNDERWATER    MARINE                              ARCHAEOLOG.   INTERACTION                          DIVER                    SALVAGE                 SCIENTIFIC
                                           HERITAGE                ARCHAEOLOGY   PRESERVES:                          WITH AMATEUR   COLLECTING:    REGULATED                                     RESEARCH
                                           LEGISLATION             PROGRAM                   SHIPWRECKS,              UNDERWATER                                                                 REGULATED
                                                                                            PREHISTORIC &           ARCHAEOLOGY
                                                                                            HISTORIC SITES          SOCIETIES
                   Other Countries:

                   Australia               Y                        Y (Westem Australian   Y (protected wreck         Y                                                  Y                       Y
                                                                    Maritime Museum)         sites and 'wreck
                                                                                            trails')
                   Bahamas                 Y (legislation presently  Y/N (Receiver of                                                                                   Y                        Y
                                           being revised)          Wreck)
                   Bermuda                 Y                        Y/N (Receiver of         (-several natural        Y (Bermuda Maritime                               Y                        Y
                                                                    Wreck                    marine parks             Museum invites
                                                                                            -no specifically        numerous scientific
                                                                    Bermuda Maritime         protected shipwreck    institutions and
                                                                    Museum)                  sites)                   amateur divers from
                                                                    Active program of                                 many countries to
                                                                    shipwreck inventory,                              participate in field
                                                                    conservation, display                             operations)
                   Denmark                 Y                        Y (Center for Maritime                                                                              Y                        Y
                                                                    Archaeology at the
                                                                    Institute of Maritime
                                                                    Archaeology, National
                                                                    Museum, Roskilde
                   France                  Y                        Y (French Ministry of                             Y (dose relations with                            Y                        Y
                                                                    Culture and                                      the French sport diving
                                                                    two govt. underwater                              federation - FFESSM)
                                                                    archaeology units:
                                                                    DRASM, CNRS)
                   Israel                  Y                        Y (Israel Antiquities    Y (Underwater            Israeli Diving                                    Y                        Y
                                                                    Committee and            archaeological tourist   Federation
                                                                    the Center for Maritime  park at the site of
                                                                    Studies at the           Caesarea Maritima with
                                                                    University of Haifa)     underwater 'heritage
                                                                                            trails')
                   Italy                   Y                        Y (STAS - government   Y (Island of Utisca
                                                                    office for maritime      near Sicily -
                                                                    affairs and underwater   underwater
                                                                    archaeology;             archaeological park)
                                                                    Italian Cultural
                                                                    Institute)

    _' m, m                                                        N  w _ _s _                                                                                                            l   '  _  m '

    U.S. STATE or    SPECIFIC                         SPECIFIC                  UNDERWATER               GOVERNMENT    AMATEUR SPORT  MARINE                                         MARINE
    COUNTRY                  UNDERWATER    MARINE                               ARCHAEOLOG.   INTERACTION    DIVER                                          SALVAGE                  SCIENTIFIC
                            HERITAGE                 ARCHAEOLOGY   PRESERVES:                           WITH AMATEUR   COLLECTING:    REGULATED                                     RESEARCH
                            LEGISLATION              PROGRAM                   SHIPWRECKS,              UNDERWATER                                                                  REGULATED
                                                                              PREHISTORIC &            ARCHAEOLOGY
                                                                             HISTORIC SITES           SOCIETIES
    Other Countries:

    Mexico                   Y                        Y (Underwater Arch.                                                                                   y                         y
                                                     Board reviews licence
                                                     applications)
    Netherlands              Y                        Y (Department of                                                                                      y                         y
                                                     Underwater Arch.)
    South Africa             Y                        Y (South African                                                                                      y                         y
                                                     National Monuments
                                                     Council)and the
                                                     Department
                                                     of Archaeology)
                                                     Institute of Maritime
                                                     Arch. at the South
                                                     African Maritime
                                                     Museum, Cape Town
    Sweden                   Y                        Swedish National                                   good working                                       Y                         Y
                                                     Maritime Museum,                                   relationship developed
                                                     Stockholm; the Dept.                               between government,
                                                     of Archaeology at                                  universities and sport
                                                     Stockholm Univ.;                                   diving community
                                                     Marine Archaeological
                                                     Education Centre,
                                                     Nyn'shamn, Sweden
    Thailand                 Y                        Y (SPAFA organization                                                                                 y                         Y
                                                     has conducted training
                                                     programs in maritime
                                                     archaeology in
                                                     conjunction with the
                                                     several ASEAN
                                                     countries and the
                                                     Western Australia
                                                     Museum)

                       Turkey                  Y                        Y (cooperation with                                sport diving not                                 Y                        Y
                                                                    Texas A&M University                              permitted by law
                                                                    and the Bodrum                                    except in certain
                                                                    Museum)                                           designated 'non-
                                                                                                                shipwreck' areas
                       United Kingdom          Y                        Y                         Protection of Wrecks    Y                                                 Y                        Y
                                                                                          Act (1973)
                                                                                           rWar Graves' sites -
                                                                                          e.g. HMS Royal Oak in
                                                                                          Scapa Flow)
                                                                                          recent underwater
                                                                                          preserves initiatives
                                                                                          ('Marine Protected
                                                                                          Areas' legislation being
                                                                                          developed since 1992)

    m3 -1                                         -3                                                                        - - -

                                  APPENDIX TWO:

                   LAWS, RULES AND MANAGEMENT
         'I                      ~~STRATEGIES FOR
                SUBMERGED CULTURAL RESOURCES
      *              ~~OF SELECTED U.S. STATES AND
                                   TERRITORLIE S.

    UTI INTRODTCT[ON
              The assessment of the current state of submerged cultural resource
    I      ~management both in the United States and abroad was an important step in
           preparing a management plan for Florida's underwater cultural resources.
           Management of submerged cultural resources has changed -significantly over the
           past few decades, and it was throught, that an overview of current legislation
           would allow Florida to examidne some of the latest and most creative initiatives
           taken by other jurisdictions.
     I         ~~Given the tremendous amount of material, it was necessary to make certain
           decisions regarding what types of data would be solicited, and from where.
           Generally, research focused on those issues which reflect circumst ances in
           Florida. In large part, the research was conducted by telephone interviews with
           the appropriate officials charged with handling questions of submerged cultural
           resource management. Often, a copy of that state's pertinent legislation was
          solicited along with any other relevant materials. Additionally, information was
           extracted from various publications relating to submerged cultural resources
    I ~management. This information was used to update existing sources.
              The information was organzed in the table in Appendix One so that an
           overview of the states' programs could be readily available. Using this
    I    ~comparative method, those programs were identified which might possible be
           relevant to Florida. The best or most useful of these programs are summarized
    I ~~in the following pages. Much of the following discussion is also. taken directly
           from or adapted from the following sources:
           Department of the Interior, National Park Service.
    I     ~1989    Abandoned Shipwreck Act Guidelines; Proposed Guidelines; Notice.
                  Federal Register, volume 54, number 63, pages 13642-1.3658.

                                              1

    Department of the Interior, National Park Service.
    1990  The Abandoned Shipwreck Act Guidelines. Federal Register, Vol. 55, No.
          233, pages 50116-50145.

    Murphy, Joy Waldron (ed.)
    1988 Appendix D - "Overview of Existing State Legislation, and Programs", pp.
          D1-D9, in National Trust for Historic Preservation. Historic Shipwrecks:
          Issues in Management. Washington, D.C.: Partners for Liveable Places.

    The Ontario Heritage Foundation
    1992 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
          Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February
          15-16, 1992. Toronto: The Ontario Heritage Foundation.

    Sea Grant.
    1982 Sportdiver's Handbook for Historic Shipwrecks: Tools and Techniques.
          Durham, N.H.: Northeast Marine Advisory Council, pp. 6-8.

    Vrana, Kenneth J. and Edward Mahoney, (ed.)
    1993   Great Lakes Underwater Cultural Resources: Important Information
           For Shaping Our Future, Proceedings of the Great Lakes Regional
           Conference on Underwater Cultural Resource Policy, February 3-4, 1993,
           Michigan State University. Department of Park and Recreation
           Resources, East Lansing.

    Vrana, Kenneth J. and Edward Mahoney (ed.).
    1993 Proceedings of the Great Lakes Regional Conference on Underwater
          Cultural Resource Policy February 3-4, 1993, Michigan State University
          East Lansing, Michigan: The Department of Parks and Recreation
          Resources.

       Because there was no reason to duplicate work which had been done
    previously, the information from the above source has been updated somewhat,
    and supplemented with other sources and interviews with agency managers. A
    brief listing of some major sources used to compile the information is included
    after the discussion for each state or other jurisdiction. Specific legislation isn't
    included, however, due to the large volume of material.

       The discussion of each state is divided into two parts; (1) laws and rules and
    (2) management strategies. The legislative section seeks to identify the law(s)
    governing underwater resources and, if possible, a discussion of their history as it
    relates to the development of submerged resource management in that state. The
    management strategy section is a synopsis of the state's program with special
    attention to features that seem useful in preparing Florida's management plan.

                                         2

           In some instances, the features identified will be "negative" ones, pitfalls Florida
    I      ~~may wish to avoid.
               From the table, it is apparent that a number of U.S. states and nations have
    I      ~~underwater heritage programs that might provide elements useful for Florida's
           'plan. The programs of interest had several characteristics: a system of
           underwater preserves; comprehensive legislation; some attention to collecting by
           sport divers, and outreach programs about underwater heritage. Active state
           efforts to survey and identify wrecks in their coastal waters also drew closer

    I        ~~~The programs of eight U.S. states and two countries stood out. Listed in
           alphabetic order these states are Louisiana, Maryland, Michigan, North
           Carolina, South Carolina, Texas, Vermont and Wisconsin. Australia and
    I    ~ ~Canada were the two nations judged to be in the forefront of underwater resource
           management. Additionally, the programs of nine other U.S. States (Alabama,
           California, Illinois, Maine, Massachusetts, New Hampshire, New York, Ohio,
    I    ~ ~and Washington), two U.S. territories [Puerto Rico, and the Trust Territories of
           the Pacific including Guam, Federated States of Micronesia (FSM), Caroline and
           Marshall Islands, Rota, and Palau], and six nations (Bahamas, Mexico, South
           Africa, Thailand, Turkey, and the United Kingdom) have been reviewed in some
           detail.
    I        ~~~The discussion of each state is divided into two parts; (1) legislation and (2)
           management strategies. The legislative section seeks to identify the law(s)
           governing underwater resources and, if possible, a discussion of their history as it
           relates to the development of submerged resource management in that state. The
           management strategy section is a synopsis of the state's program with special
           attention to features that seem useful in preparing Florida's management plan.
           In some instances, the features identified will be "negative" ones, pitfalls Florida
           may wish to avoid.

                                                  3

    II  LAWS, RULES AND MANAGEMEaNT STRATEGIES OF US. STATES
        AND TERR1TOlIES WHICH HAVE ASPECTS OF SUBM ERGED
         CULTURAL RESOURCES MANAGEMENT OF INTEREST TO
         FLOR1DA

    LOUISIANA

        While Louisiana is tone of the few states with a fully developed, published,
    underwater resource management plan, which was prepared in 1990, a lack of
    funds has prevented the state from implementing its program. In terms of active
    resource management, Louisiana would not have been included in this section
    save for the comprehensiveness (on paper) of their plan.

    Laws and Rules:

        Louisiana has established a program to manage abandoned shipwrecks
    through its Division of Archaeology (under LA. R.S. 41: 1601, 1605, 1606, and 1609
    and LA. Adm. Code Vol. 7, Title 25, Sec. 177181). The state's management
    program differentiates between historic and non historic shipwrecks; its law does
    not define historic, except for "relating to the history and culture of the state."
    Funds can be made available for the location, evaluation and protection of historic
    shipwrecks. Louisiana regulates both the scientific investigation and commercial
    salvage of historic shipwrecks through a permitting system. Requirements for
    commercial salvors include, (1) preparing research designs and professional
    reports, (2) applying archaeological methods, (3) employing qualified underwater
    archaeologists and conservators, and (4) preserving artifacts and materials
    recovered. The state owns all artifacts and materials but can compensate
    commercial salvors by a percentage of the value of the wreck and, in part, with
    artifacts themselves as stipulated under permit; the state can negotiate the
    percentage of recovered objects it retains. The state provides no access for sport
    divers to abandoned shipwreck sites for exploration or recreation and forbids the
    removal of any materials from historic shipwreck sites. It advocates the inclusion
    of volunteer sport divers on archaeological projects but provides them no training
    in scientific study or excavation methods. In terms of public education, Louisiana
    has produced one booklet and a traveling slide show explaining the cultural
    values associated with the wrecks in its waters.

                                          4

    I     ~~Submerged Cultural Resources MaaeetPlans and Strategies:
               The State Department of Culture, Recreation and Tourism, Office of Cultural
           Development, Division of Archaeology, developed a comprehensive submerged
    I    ~cultural resources management plan in 1990. The plan was developed with a
           grant provided by the Louisiana Department of Natural Resources, Coastal Zone
    I     ~Management Division. The basis for the plan was the passage of the Abandoned
           Shipwreck Act of 1987. The stated goals of the plan were to develop a philosophy
           for interpreting submerged archaeological sites, and to develop specific steps to
           implement an underwater archaeology and submerged cultual resource
    I    ~management program. The plan was divided into four major sections: (1)
           Geomorphology, (2) Prehistoric Louisiana, (3) Louisiana's Maritime Resources,
    I     ~~and (4) Management of the Underwater Resource. To this date the plan has not
           been implemented by the state.

    I ~~So urces:
           Byrd, Kathleen
    I     ~~1987   Correspondence with Florida Bureau of Archaeological Research,
                   regarding: Louisiana's rules and Regulations on underwater
                   archaeology. May 5.
    I     ~~Partners for Livable Places and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management. Partners for Livable
      5           ~~~Places, Washington, D.C.
           Terrell, Bruce
           1990   Louisiana Submerged Cultural Resource Management Plan. Division of
     I          ~ ~~Archaeology, Office of Cultural Development, Department of Culture,
                   Recreation, and Tourism, Baton Rouge.

             I~~~~~~~~~~~~

    I    ~MARYLAND

    I     ~laws and Rules:
               The Maryland Maritime Archaeology Program (MMAP) was established by
    I     ~~the Maryland Historical Trust, an agency of the Maryland Division of Historical
           and Cultural Programs, in response to Chapter 503 of the Acts of the General
           Assembly of 1988 known as the Submerged Archaeological Property Act and
    U     ~~codified within Article 83B, Title 5, Subtitle 6, Annotated Code of Maryland. The
           Maryland Maritime Archaeology Program is responsible for the issuance and
           administration of permits for certain activities relating to submerged
           archaeological historic property. Maryland employs three full-time underwater
           archaeologists.
               The Act applies to sites embedded in submerged lands and unclaimed for 100
    3 ~~years or longer. Further, salvage permits are not issued, and collecting is not
           allowed on sites if they are. included or determined eligible for the National
    E     ~~Register; designated or eligible for National Historic Landmark status; or entered
           on the state list of historic trust sites.

               Permittees must notify the State Underwater Archaeologist before any raising
           or recovering of artifacts and a monitoring archaeologist must be present at the
           time of recovery. Permittees are restricted in the number of artifacts (no more
           than 25) they may recover. Additionally, the artifacts must be of a diagnostic
    I     ~~nature that will be useful in dating the site or in determining its significance.
           The state retains title to all artifacts recovered, although it may release title to any
           artifacts recovered that are not considered to be of significant archaeological or
    E     ~~historical value. The Act calls for the establishment of a State Submerged Artifact
           Register for the registration and recording of artifacts recovered from the state's
           submerged lands. The Register will be available to the public. Violation of any
    5     ~~part of the Act or its regulations is a misdemeanor.

    I     ~~Submerged Cultural Resources Maaeet Plans and Strategies:

               A person may not excavate, destroy, or substantively injure submerged
           archaeological historic property without a permit from the Trust. There are two
    I    ~ ~kinds of permits issued: an intensive survey permit and a data recovery permit.
           The intensive survey permit allows the permit holder only to delineate or confirm
           the boundaries of a location where the resources are believed to be. A person must
    I    ~ ~complete an detailed application for a survey and data recovery permit.  Bruce
           Thompson, the Assistant State Underwater Archaeologist, reported the
           requirements of fulfilling an intensive survey permit were usually enough to

                                                  6

           discourage unqualified or frivolous applicants. In addition, Mr. Thompson said
    I     ~~that once a wreck was found and identified the state has the option of nominating
           it to the Trust's list, (although it would have to be of extreme significance to
           prevent the salvor from receiving a permit for data recovery).
    I        ~~~Additionally, the state allows for limited collection of artifacts without a
           permit. A person without a permit may collect from any one site not more than
    I     ~~five individual artifacts. Artifacts may not be recovered from a site unless they
           can be obtained by hand or through the use of screwdrivers, wrenches, or pliers.
           The person is required by law to report to the Trust within 30 days of collection, a
    I     ~~list of the objects and a description of the places from which the objects were
           recovered. Mr. Thompson reported this departure from otherwise firm rules was
           a concession to the sport diving community. He added that this provision is
           meant for more recent wrecks and that he tries to impress upon divers they are
           destroying future recreational resources piece by piece.
               As Maryland experiences a relatively slight amount of salvage activity (only
    3 ~~one intensive survey permit has been issued to date), Mr. Thompson is able to
           actively lecture on Maryland's underwater program. He has successfully
           recruited "around 300 volunteers" of which approximately 20% are divers. With
           these volunteers he is working on a statewide inventory of wrecks in state waters
           and expects to have it completed by 1996.
               In .1994, the Maryland Historical Trust/Maryland Maritime Archaeology
    I    ~Program entered into a Memorandum of Understanding with the U.S. Navy to
           create Maryland's first underwater dive preserve at the site of the sunken World
    I     ~War II German U-Boat, U1105. The dive preserve is intended to provide sport
           divers an opportunity to explore the virtually intact remains of a unique World
           War II German U-Boat. The U1105 was captured at the close of World War II as
           a war pize. The submarine was sunk and then raised a number of times
    I    ~~beginning in 1948, by the U.S. Navy, during munitions testing. In the final test,
           in September 1949, an explosive charge was set off underneath the hull which was
           so strong it broke the submarine in two. The exact location of the U1105 was made
    I    ~by a diver in 1985. The Memorandum of Understanding establishes a federal-
           state partnership with the goals of preserving the historic vessel, creating a dive
           preserve accessible to appropriately qualified and experienced divers, and
    I     ~~interpreting the site through research and public exhibits. To provide regional
           support for the preserve, the Maryland Historical Trust has entered into
           discussions with the local county Museum Division concerning establishment of
    I    ~an interpretative center at the county's lighthouse museum. The U1105 remains
           the property of the U.S. Navy. Federal law prohibits the disturbance, damage, or
           removal of objects from the vessel. To prevent unauthorized disturbance of the
    3     ~wreck, the site is being monitored by the U.S. Coast Guard and the Maryland
           Department of Natural Resources Marine Police. Divers were requested not to
    I     ~~visit the site prior to the projected Fall 1994 opening of the dive preserve, because

                                                  7

           neither mooring facilities nor information and safety briefing materials will be
    I     ~~available until that time. The Trust has sought public input for the development
           and use of the dive preserve in a public meeting and workshop.

    E     ~Sources:
           Maritime Archaeological and Historical Society
    I     ~1994   A German Stealth Submarine in the Potomac, MAHlS News.
                  Washington, D.C.., pp. 11-12, July-August.
    I     ~Maryland Department of Housing and Community Development
           1994   Public Information Announcement, Maryland to create first State
                  Underwater Archaeological Dive Preserve. Division of Historical and
     I         ~ ~~Cultural Programs.
           Thompson, Bruce
    3     ~1994   Personal communication, Assistant Underwater Archaeologist, State of
                  Maryland, March 1.

             I~~~~~~~~~~~~

    I      ~MICHIGAN
               Many states of the Great Lakes region have established very strong programs
           in submerged cultural resource management. A number of conferences were
    I    ~ ~held specifically to address the issues of submerged cultural resources
           management, including some held in conjunction with representatives of he
           Province of Ontario and the Canadian Federal Government.

    I      ~Laws and Rtulaw,
               The primary laws governing the use of submerged cultural resources in
    ' ~~Michigan are found in 173 P.A. 1929, MCL 299.51 et seq - the Aboriginal Records
           and Antiquities Act. The Act was originally drafted and passed in 1929, but it has
           been substantially amended through the years to reflect the need to protect
            submerged cultural resources on Michigan's bottomlands. Amendments in 1980
           (Public Act 184) established a framework for the establishment of underwater
           preserves and offers designation guidelines. The Act guarantees recreational
            access to all shipwrecks with some unspecified exceptions. The new laws also
    3      ~~established a salvage permit system and restricted salvage under certain
            conditions.
               Michigan's Department of- State and Department of Natural Resources are the
    I    ~ ~two state agencies most concerned with shipwreck protection. The passage of
           Public Act 184 of 1980 gave both departments responsibilities and authorities in
    3      ~~the area of bottomland cultural resource management. Public Act 452, passed by
           the legislature in 1988, cleared up ambiguities in the 1980 law. It clarified
           language regarding recovery without a permit, stating that all forms of
           mechanical or other help are illegal in recovering loose artifacts from the bottom.
    I    ~ ~It also created the "Underwater Salvage and Preserve Committee", defined the
            committee's functions and broadened its membership to include a representative
            from the Department of Commerce (which houses the state's tourist bureau) and
            four private citizens.
               The law clarified the permit application process for the DNR and DOS. The
    I    ~ ~law also requires the permit holder to submit a specific removal plan prior to
           beginning salvage. It increased penalties for unauthorized removal of shipwreck
            artifacts making such acts felonies. It also states that confiscation,
    1    ~ ~condemnation and sale of any apparatus used i n the violation of this act or any
            rule issued under it may occur. It is interesting to note that Michigan does not
            require a permit for archaeology on state-owned land except for the exploration for
            or excavation of aboriginal remains.

                                                  9

               Public Act 452 of 1988 raised the amount of bottonmland potentially available for
           preserves from 5 to 10 percent or 3,850 square miles. To date, Michigan has
           established ten underwater preserves containing historic shipwreck materials.
    I     ~~The Act made it a felony to recover or destroy abandoned property with a far
           market value of $100 or more. Confiscation of equipment used in violation of this
           act may occur. A clause was also added which protected the state from liability in
    I     ~~the event of diving accidents. The state opposes sinking ships in the preserves (to
           enhance diving possibilities) because of the liability involved.
               The state reserves the right to regulate exploration, surveying, and excavation
    U    ~ ~on state land that contains historical or recreational sites. The state claims title to
           all abandoned property on Great Lakes bottomlands. It is important to note that
    I     ~~the sport diving community of Michigan played a pivotal role in the proposed
           changes to the Aboriginal Records and Antiquities Act.

    I     ~~Submerged Cultural Resources MaaeetPlans and Strategies:

               The DNR is responsible for managing submerged lands and the DOS is
           responsible for managing historical cultural resources. Personnel from both
           departments consult on salvage permit applications, establishment of underwater
           preserves, and other issues. Michigan has no full-time positions dedicated to
           submerged resources management. DNR and DOS staff have added such duties
           to regular assignments.
               David Cooper of the State Underwater Archaeology Program in Wisconsin
    I    ~ ~expressed serious concern about this lack of funding in a draft statement on the
           future management of Wisconsin's underwater resources. While noting that
           Michigan's preserves were succeeding in attracting tourism dollars to local
           communities, he went on to add:
                  "Unfortunately, because it has provided no funding, Michigan has been
     I         ~ ~~forced to conduct only ad hoe efforts to survey, develop, and protect these
                  preserves, which are treated as state wilderness areas (designated
                  protected areas with little or no state efforts at facilities development for
     I        ~ ~~visitors). The National Park Service has pointed out that simple
                  designation of preserve areas without follow-up on-site management is of
                  dubious benefit. As testimony to this Michigan has experienced a good deal
     I         ~ ~~of vandalism and destruction of her bottomland resources even within the
                  preserves."
     3        ~~~Michigan's preserve system itself is noteworthy because, instead of targeting
           individual ships for preserves, the state declares large areas of bottomland (100+
           square miles) and all historic wrecks contained thereon as off-limits to

                                                  10

           commercial salvage.
     I        ~~~The state encourages the participation of sport divers in archaeological
           projects but provides no training in scientific, investigative methods for them. It
           provides access for sport divers to abandoned shipwrecks for recreation and study,
           and prohibits the removal of any artifacts from historic sites.
               Recently, one of the local preserves initiated an amateur diver training
    I    ~program in underwater archaeological survey and recording techniques. The
           results of this program were reproduced in a booklet entitled Diving into St.
           Ignace Past; An Underwater Investigation of East Moran Bay. The publication of
    I    ~ ~the booklet was made possible by cooperation between the Sea Grant Program at
           Michigan State University, the State Archaeologist's Office, and the Michigan
           Underwater Preserve Council.
                The state has also carried out public educational initiatives; DNR has
           published The Great Lakes Bottomland Resources, outlining the law and salvage
           permitting process, and books on famous ships and lighthouses. DOS has
           circulated posters warning against illegal salvage.
               The Michigan Underwater Preserve Council (MUPC), Inc., a private, non-
    I    ~~profit, Michigan corporation not affiliated with any state agency, coordinates
           promotions of underwater preserves on regional and national levels. The M`UPC
           created a uniform buoy and mooring system for all preserves. The MUPC also
           publishes literature about the preserves and assists in the organization of
           underwater archaeology courses for sport divers.
     I        ~~~The brochures publicizing Michigan's program are easily the most attractive
           of any of the states. The 1993 MUPC booklet, Diving Michigan's Underwater
           Preserves, offers maps of nine of the ten state underwater preserves including
    I    ~ ~locations for major wrecks along with addresses of dive shops and the local
           chambers of commerce. There is a listing of major underwater events held that
           year, as well as a hotline number to report thefts of shipwreck artifacts. The cost
    I    ~ ~of the booklet was offset by allowing the local dive shops, charter operators, and
           motels serving the preserves to advertise in the brochure. These ads leave the
    E     ~~impression that a potential underwater tourist will find plenty of support services
           if he chooses to dive in Michigan's preserves.
               The state also has produced a handsome, glossy booklet entitled Beneath the
           Inland Seas, Michigan's Underwater Archaeological Heritage (1990). The
           publication contains a history of seafaring activities in the Great Lakes from pre-
           Colombian times to the present, as well as many full-page color photos and
           illustrations of ships, shipwrecks, and underwater archaeology. There isdicsino Mcian' newtrlwsiwekmngmn   rga
           and of general underwater preservation ethics. Taken together, the two

           publications offer a potential diver easily digestible references for recreation and
           appreciation of Michigan's bottomland resources.

              Lastly, Michigan has advertised the studies of two major research projects,
    I     ~the Rocka way, and the research and salvage on the Regina (sunk in 1913 in Lake
           Huron) which was rediscovered in 1986. In addition the Shipwreck Memorial
           Museum at Whitefish Point on Lake Superior was opened.

           Sources:
    I     ~Cooper, David
           1989 Memorandum: Underwater Abandoned Property and Submerged
                  Cultural Resources Management in Wisconsin, November 27, 1989.
                  Underwater Archaeology Program, State of Wisconsin.
           Cooper, David
    I     ~1.994   Personal communication, April 11.

           Halsey, John R.
    I      1~990   Beneath The Inland Seas: Michigan's Underwater Archaeological
                  Heritage. Bureau of History, Michigan Department of State, Lansing.

    I     ~1994   Personal communication, April 10.

           Michigan Underwater Preserve Council, Inc.
           1993   Diving Michigan's Underwater Preserves 1993. Maritime Press, St.
                  Ignace.
    I     ~The Ontario Heritage Foundation
           199 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
                 Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February
     1          ~~~15-16, 1992. Toronto: The Ontario Heritage Foundation.

           Partners for Livable Places and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management. Partners for Livable
                  Places, Washington, D.C.
           Vrana, Kenneth J. and Edward Mahoney, (ed.)
    I      1~993   Great Lakes Underwater Cultural Resources: Important Information
                  For Shaping Our Future, Proceedings of the Great Lakes Regional
                  Conference on Underwater Cultural Resource Policy, February 3-4, 1993,
     I         ~~~Michigan State University. Department of Park and Recreation
                  Resources, East Lansing.

                                               12

    Vrana, Kenneth J. and Edward Mahoney (ed.).
    1993 Proceedings of the Great Lakes Regional Conference on Underwater
          Cultural Resource Policy February 3-4, 1993, Michigan State University
          East Lansing, Michigan: The Department of Parks and Recreation
          Resources.

                                        13

    I    ~NORTH CAROLINA

    U     ~Laws and Rules:
               North Carolina has instituted an abandoned shipwreck management
    E     ~program within the state Department of Cultural Resources, Division of Archives
           and History under the authority of North Carolina General Statute 121, Article 3,
           Exploration and Salvage Rules and Regulations. The state claims ownership of all
           shipwrecks and submerged archaeological sites abandoned in state waters for
           more than 10 years. The state has the option (under Section 1009 of Statute 121) to
           designate "certain abandoned shipwrecks..-as areas of primary scientific,

           archaeological or historical value to be excluded from commercial salvage."
               The state regulates commercial salvage of abandoned shipwrecks and
           archaeological investigation and commercial salvage at historic shipwreck sites
    I    ~by means of an Underwater Archaeology Permit. Such permits require: 1) the
           preparation of research designs and professional reports, 2) application of
           archaeological methods, 3) access to the site for sport divers, 4) employment of
    I    ~ ~qualified underwater archaeologists and conservators, and 5) the protection of the
           environment. Currently the state has two active salvage per mits. The state allows
    I     ~~sport divers unrestricted visitation to sites but prohibits the removal of artifacts
           without a permit. Artifacts recovered under permit may be granted, in part, to
           the permittee as proper compensation for his efforts in recovering such objects.
           The title to and ownership of these objects then is transferred to that permittee.
    I     ~~The proportion is usually 75% to the salvor and 25% to the state.
               Section 1010 of Chapter 121 Article 3 designates certain limited areas for the
           exclusive purpose of sport and hobby permit exploration and recovery under a
           short-term sport and hobby permit if deemed to be in the best interest of the state.
           Commercial salvagers, firms, corporations, and individuals seeking to recover
           and sell underwater archaeological materials, or otherwise make monetary profit
    I    ~ ~with them shall not be issued a short-term sport and hobby permit. All or any
           part of the materials recovered under the short-term sport and hobby permit may
    I     ~~be awarded by the department to the finder after inspection and study by the
           Archaeology Branch. In correspondence with the state it was learned that the
           hobby permits were last used in the late 1960's. Richard Lawrence of the N.C.
    I     ~~Underwater Archaeology Unit, felt that the permit would only be issued today for
           things such as collecting bottles on the Cape Fear waterfront.

                                                 14

    I     ~~Submerged Cultural Resources Maaeet Plans and Strategies:
               The state has instituted an Underwater Archaeology Unit, (created by the
    U     ~~General Assembly in 1967), with a permanent staff of 5 full time employees
           authorized to "conduct or supervise the surveillance, protection, preservation,
           survey and systematic underwater archaeological recovery of underwater
           materials."
               The key to North Carolina's program is the State's ability to declare sites of
    I     ~~primary archaeological or historical value off-limits to salvage. Research on
           these sites may be conducted with a permit, but all recovered artifacts must be
           "kept as an intact collection in an appropriate repository." So far, only one wreck,
    I     ~~the USS Huron, has been designated of primary value. It is also the state's sole
           historic shipwreck preserve. However, ships deemed of primary historic value
           are not necessarily developed as preserves. The state has printed a small
           brochure for the Huron giving brief details of her design, career, and sinking.
           There is a map of the wreck's current location and condition, as well as directions
           to the buoys that mark the site.
               During the mid-1980's, the state also named the Cape Fear Civil War
    I    ~~Shipwreck District to the National Register.  Mr. Lawrence stated it is an
    I     ~~unwritten rule that wrecks on the National Register be afforded the status of
           primary archaeological value.
               North Carolina has no diver training programs but has developed an eighth
    I     ~grade level educational program which begins with videos on maritime history
           and underwater archaeology and advances to maritime quiz bowls, reports on
           state shipwrecks, and even a project to identify a model mystery wreck.
     I        ~~~The state currently has two salvage contracts in effect (the salvors with these
           permits have not yet found the wrecks they are looking for.) When asked how this
    I     ~~wreck will be treated if and when it is located, Mr. Lawrence said his Department
           could not make a determination on whether it was a shipwreck of primary
           significance because no one has seen it. If it is found it will probably be salvaged.
           However, were it a blockade runner or other such obviously important wreck in
    I    ~ ~terms of state and national history, they might effectively block its salvage by
           decree of the Secretary of Cultural Resources who oversees their program. He
           feels the language of their act gives the secretary a certain amount of leeway, and
    I    ~ ~that it would stand legally were they to challenge a salvor in excavating a site that
           would "not be in the best interests of the state." The state issues, on average, two
           to three research permits a year.

                                                  15

           Sources:counctoNCUnewtrAcaooyUiFbay
           Lawrence, Richard

           North Carolina Department of Cultural Resources
    I       ~1.981    Underwater Archaeology in North Carolina. (brochure). North Carolina
                  Department of Cultural Resources, Kure Beach.
           1987   USS Huron Historic Shipwreck Preserve. (brochure). North Carolina
                  Department of Cultural Resources, Kure Beach.

    3     ~~Partners for Livable Places and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management. Partners for Livable
                  Places, Washington, D.C.

             I~~~~~~~~~~~~~1

    I      ~SOUTH CAROLINA

    I      L~aws and Rules:
               It is the intent of the South Carolina Underwater Antiquities Act of 1991
           (Article 5, Chapter 7, Title 54, Code of Laws of South Carolina, 1976) to "preserve
    I    ~ ~and encourage the scientific and recreational values inherent in submerged
           archaeological historic properties and paleontological properties for the benefit of
           the people of the state." The act declares all submerged historic property that
    I    ~ ~has remained unclaimed for fifty years or more, and paleontological property
           located or recovered from submerged lands, as property of the state. The South
           Carolina Institute of Archaeology and Anthropology is the custodian of
    I    ~archaeological materials and the South Carolina Museum Commission is the
           custodian of fossils. Any person desiring to remove or displace submerged
           archaeological historic property must apply for a license of which there are two
           types: 1) an Intensive Survey license to allow for survey of a specific area and 2) a
           Data Recovery license which permits excavation and data recovery (a data
           recovery permit is only issued after a successful Intensive Survey Permit). These
           licenses are subject to the standard criteria of scope, planning, competence,
           funding, etc.
               South Carolina also issues a Hobby license for persons wishing to conduct
    I      "~temporary, intermittent, recreational, small-scale search and recovery.
           Recovery must be by hand and must not involve mechanical devices or excavation.
           A hobby license holder is obligated to report all finds to the appropriate agency.
    I    ~ ~No more than 10 artifacts a day may be collected from a shipwreck site. The hobby
           licenses are issued at $5.00 for 6 months, or $18.00 for two years. Out of state
    I      ~~applicants pay slightly more.

    I      ~~Submerged Cultural Resources Maaeet Strategies:
               South Carolina employs a full time staff to administer its program in
           underwater archaeology. It has an active outreach program for sport divers with
    I    ~ ~field training courses in underwater archaeology held every second month. Their
           department publishes a quarterly newsletter, The Goody Bag, which discusses
           recent finds and excavations, articles on shipbuilding, and identification of
    I    ~ ~artifacts. It also advertises activities and programs put on by the Department.
           The most notable aspect of South Carolina's program, however, is its hobby diver
    I ~permit.
              While other states (e.g., California, Alabama) may issue hobby-type permits for
           recovery on specific sites, South Carolina is the sole state issuing a "blanket

                                                  17

            permit" for hobby collectors which can be used anywhere in the state. In its
            inception, the program was designed as a way to enlist the sport diving
            community as collectors of useful archaeological data. Divers were supposed to
            record their finds with the Underwater Archaeology Division's Sport Diver
            Archaeology Management Program. This would not only establish a working
    I    ~ ~relationship between the state and recreational divers, but also ostensibly foster a
            greater awareness of archaeological resources on state lands. However, a recent
            internal review of this program has raised questions about its viability, especially
            for Florida.
                Deputy State Archaeologist, Christopher Amer, in a letter dated 2/11/94,
    I    ~    ~summarized the program review of South Carolina's Sport Diver Archaeology
            Management Program (prepared by Robin L. Denson in January 1994). He
            reported that, despite recent improvements in their diver outreach program,
    I    ~ ~approximately 60% of hobby licensed divers in South Carolina "never filed
            quarterly reports on their diving and collecting activities." Furthermore, "less
            than 10% of licensed divers have reporting records of 80% or higher," and only 6%
    I    ~ ~provided adequate locations of where they made their finds. He said these
            statistics evidenced a need to "balance the education and inducements like
            working on state-run projects or educated divers running their own projects...
            with enforcement and penalties." He added, "those who comply with our law and
            have been through our training program are annoyed we are not busting those
            that disobey the law" for abusing that privilege.
    I       ~~Amer's letter additionally addressed underwater resource issues in Florida
            directly:
     I          ~~~"A program that works in South Carolina with a relatively small staff may
                  not work in Florida unless it is drastically modified to take into account
                  such factors as distance and size of staff. ... I am not convinced that a
     I         ~ ~~licensing program is the way to go .. ..The ultimate goal of our program is to
                  have enough of a constituency of licensed hobby divers to support abolishing
                  licensed collecting in the state. You may well consider not licensing
     I         ~ ~~collecting but concentrate instead on an aggressive education program and
                  voluntary compliance with the law with staff responding and visiting
                  reported sites with, and naming sites after, the persons who report them.
     I         ~ ~~It's a lot easier on the administrators and the resources to start with no
                  collecting than to try and change from licensed collecting which will be
                  perceived as constitutional right once it is in a law."
               He adds, " Our goal is to have all licensed hobby divers go through our
            program courses in the next few years. In those courses we discourage collecting
    I    ~ ~and encourage acquisition and dissemination of information.

           Amer, Christopher
    I     ~~1994a  Deputy State Archaeologist for Underwater, South Carolina Institute of
                  Archaeology and Anthropology, letter to Bureau of Archaeological
                  Research, February 11, 1994, regarding: Sport Diver Archaeology
                  Management Program (SDAMP).
           1994b  Personal Communication, March 16.
    I     ~Denson, Robin L.
           1994   Final Report on Program Review of the [South Carolina] Sport Diver
                  Archaeology Management Program. Institute of Archaeology and
                  Anthropology, Columbia.
           South Carolina
                   Help Preserve South Carolina's Underwater Heritage (brochure),
                  Institute of Archaeology and Anthropology.

             I~~~~~~~~~~~~~1

           La~ws and Rules:
    I         ~~~The Antiquities Code of Texas (Title 9, Chapter 191 of the Texas Natural
           Resource Code) and regulations in the Texas Administrative Code, Title 13,
           Cultural Resources, Part IV, Texas Antiquities Committee (recently renamed the
    I    ~ ~Texas Historical Commission) Chapters 41 and 45 authorize the management of
           abandoned shipwrecks within a formally established program of the Texas
           Antiquities Commission. State law defines historic shipwrecks as "all pre-
    I    ~    ~twentieth century shipwrecks." Historic Preservation Funds are available for the
           identification, evaluation and protection of historic shipwrecks. The Commission
           employs underwater archaeologists and uses its own research vessel and
           magnetometer in the field.
    I      ~~Submerged Cultural Resources Maaeet Pluas and Strategies:
               The passage of the Antiquities Code of Texas and the formation of the Texas
           Antiquities Committee occurred in 1969 as a response to the discovery and
           unauthorized salvage in 1967 by an Indiana salvage company of three Spanish
            ships which had sunk in the Gulf of Mexico off the coast of Padre Island in 1554.
            Beginning in the early 1970s the Texas Antiquities Committee (recently renamed
            the Texas Historical Commission) began its own scientific excavations at the site.
            The site is now protected as part of the Padre Island National Seashore. In May,
            1990, a major permanent exhibit about the shipwreck, sponsored by The Texas
           Antiquities Committee, opened at the Corpus Christi Museum. The Museum is
            about 75 miles from where the shipwrecks were excavated. The exhibit had been
            in the planning stages since 1981. At least three traveling exhibits preceded it
    I    ~beginning in 1977. The Texas Antiquities Committee sponsored the permanent
            exhibit which has since become a popular attraction and includes a special
            children's "discovery room" component.
               Since the formation of the Texas Antiquities Committee (Texas Historical
            Commission) the State has regulated the commercial salvage of abandoned
    I    ~    ~shipwrecks and prohibits commercial salvage on any historic shipwrecks. It
            regulates the scientific investigation of historic shipwrecks through the issuance
            of Antiquities Permits and approval of research designs. Only scientific
    I    ~    ~archaeological projects are authorized. The state has access to conservation and
            curatorial facilities and to qualified materials conservators. It encourages the
            participation of sport divers during archaeological investigation but does not
    I    ~ ~provide special training courses. The state provides access to sport divers to
            abandoned shipwrecks and places some restrictions on their activities at historic
            sites, forbidding any collecting of materials and unauthorized visitation at sites

             I~~~~~~~~~~~~~2

           undergoing permitted investigation. In terms of public education and outreach,
           Texas produces publications, slides, films and traveling exhibits focusing on
           maritime heritage and the cultural values associated with the state's historic
           shipwrecks.

     I        ~~The Texas Historical Commission has been very active in its exploration and
           shipwreck inventory program, using some of the most sophisticated technologies
           available to locate sites. The state has established no underwater archaeological
           preserves.

    I     ~Sources:

    I     ~Arnold, J. Barto, III, and B. Alsup
           1992 A Children's Museum exhibit on the 1554 flota wrecks. The International
                 Journal of Nautical Archaeology, 21(4):350-352.

    I     ~~Arnold, J. Barto, III,
           1992 Shipwreck! - the 1554 flota exhibit. The International Journal of Nautical
                 Archaeology, 2 1(4):343-449.

    B     ~Partners for Livable Places and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management.  Partners for Livable
      3           ~~~Places, Washington, D.C.

           Texas Historical Commission
    I     ~1990   Handbook for Archaeological Stewards.

             I~~~~~~~~~~~~2

    I    ~VERMONT

    I     ~Laws and Rules.
               Vermont has managed abandoned shipwrecks through the Division of
           Historic Preservation under its 1975 Vermont Historic Preservation Act, and
    I    ~ ~using its directive guide, Underwater Historic Preservation, A Guide to State Law
           and Permit Procedures for Divers in Vermont (1983). The Vermont State
    I      ~~Legislature placed title to all underwater historic properties with the State
           through passage of the Vermont Historic Preservation Act (Title 22 Vermont
           Statutes Annotated Chapter 14). This law also established the Division of Historic
           Preservation as the custodian of underwater historic properties. The law states
    I    ~ ~that all underwater historic properties in Vermont waters belong to the State and
           that no one can conduct underwater field investigations without a permit from the
    I      ~~Division for Historic Preservation.  A permit must be obtained from the Division
           prior to any type of exploration or recovery operations that may remove, displace
           or destroy an underwater historic property and that superior title to all objects
    ~~   ~ recovered shall be retained by the State unless and until they are released to the
           permit holder.
               Historic Preservation Funds are available for the identification, evaluation
            and protection of historic shipwrecks, and the state employs on its staff
           underwater archaeologists to conduct locate, evaluate, inventory, interpret and
            otherwise protect historic wrecks. The state regulates commercial salvage of
            abandoned shipwrecks and the conduct of commercial salvage and archaeological
           investigation at historic sites. Through a two-tiered permitting system it conducts
            oversight of 1) reconnaissance activities and 2) data recovery. The state does not
           have access to conservation and curatorial facilities and thus avoids artifact
    I    ~ ~retrieval whenever possible. Vermont encourages sport divers to take part in the
            scientific investigation of historic sites and restricts their activity at historic sites
    R     ~~by prohibiting the collecting of any artifacts. The state discourages sport diver
           visitation at fragile wrecks. It credits sport divers with site discoveries in an effort
           to encourage them to report new findings and will begin developing programs to
           train them in archaeological techniques. The state engages in public education
    I    ~ ~initiatives on the cultural values of historic shipwrecks through publications,
           lectures and exhibits.

             I~~~~~~~~~~~~2

               Lands Lying Under Public Waters (Chapter 11, T. 29 � 403 - 407): Section 403-
    I    ~404, holds that state lands lying underwater may not be altered without prior
           application and approval. Board of Historic Sites (Chapter 7, T. 22 � 341 - 349),
    E     ~~Section 341, affirms the board of historic sites will designate as an historical
           artifact any object of historical, archaeological, or paleontological interest found
           in, upon or under state lands or waters. Section 348 declares that removal of, or
    I ~~digging with the purpose of removing, an artifact designated historical is
           punishable by a fine of up to $1,000 and/or 2 years imprisonment.

    I     ~Submerged Cultured Resources Maagmet Plans and Strategies:
               The 1975 legislation to preserve, protect and interpret the state's underwater
           historic resources did not include personnel or a budget. State-sport diver
           cooperation has been developed and the Champlain Maritime Society was founded
           in 1980. The Champlain Maritime Society is a not-for-profit, tax-exempt
    I,   ~corporation, and has, in cooperation with the Division of Historic Preservation,
           carried out the underwater research program of the state of Vermont.
               According to Giovanna Peebles, State Arch aeologist, the Champlain
    3    ~~Maritime Society is the "saving grace" of their program. She also cites the
           recently formed Underwater Historic Preservation Advisory Committee (an ad
           hoe group composed of dive shop owners, charter boat captains, city recreational
           staff and the City of Burlington's harbor master) as lending valuable support to
           their program.  She stated attendance at tecommittee's meetings was good  n
    3     ~that they were currently "making goal statements and writing grants."
               In July, 1985 the Vermont Division of Historic Preservation established the
           Vermont Underwater Historic Preserves, a program designed to protect Lake
    I    ~Champlain's historic shipwrecks and enhance their educational and
           interpretative values. Three Preserves have been designated, all within several
           miles of Burlington, Vermont: the Phoenix, the General Butler, and a coal barge
    I    ~believed to be the AR. Noyes. A new preserve is scheduled for 1995. Individual
           brochures for each Preserve site are available from dive shops and other locations.
           The brochures provide historic information on the wrecks and on the Preserve
           system and offer diving~ and safety guidelines.

             I~~~~~~~~~~~~~2

               The Vermont Underwater Historic Preserves are not broad areas of protected
            bottomland that encompasses a number of shipwrecks, like those in Michigan.
           The Preserves are not legislatively mandated and there are no formal regulations.

     1        ~~Vermont attempts to educate its diving community about archaeological
            sensitivity by holding informal dive instructor classes at the four major dive shops
    I     ~~in the state. The state archaeologist considers public education as a top priority of
           the program and efforts to expand the diver outreach are planned.

                 Te Lake Champlain Maritime Museum has conducted extensive
    1      ~~underwater archaeological surveys since the 1980s. Some of their funding is from
           the Vermont State Legislature.
               The state of Vermont recently concluded a successful prosecution of an
            Indiana diver collecting artifacts from the site of a Revolutionary War wreck. The
            diver had originally represented himself as an interested maritime historian and
    3    ~ ~had been provided maps of the wreck from state files. Peebles stated the diver tried
           to fight the legal action by claiming the artifacts were "isolated finds." However,
    I      ~~establishing the diver's prior knowledge of the site was instrumental in
            convincing the judge to agree with the prosecution. The judge imposed a $2,500
           fine for restitution and a $1,000 criminal fine. The state law did not allow for
            confiscation of his property.

    I     ~Sources:

           Partners for Livable Places and the National Trust for Historic Preservation
            1988   Historic Shipwrecks: Issues in Management.  Partners for Livable
      3           ~~~Places, Washington, D.C.

           Peebles, Giovanna N.
    j      ~1994   Personal communication, March 29.
           Vermont Department of State
            1982   Vermont Underwater Historic Preservation: A guide to the state law and
                   permit procedures for Divers in Vermont. Agency of Development and
                   Community Affairs.

    I     ~Vermont Department of State
            1987   An introduction and resource guide to underwater archaeology in
      g           ~~~~Vermont. Division of Historic Preservation.

                                                 24

    I    ~WISCONSIN

    I     ~Laws and Rules:
               In 1988, the Wisconsin State Historical Society started a state underwater
           archaeology program as part of new state and federal efforts to protect and
    U    ~manage submerged cultural resources in Wisconsin. Wisconsin Statutes., 44.47 et
           seq., 15.707, 29.05 (Id) creates a program for the preservation, management, and
           use of submerged cultural resources. The bill authorizes the Wisconsin
    I     ~Historical Society and Department of Natural Resources (DNR) to designate
           certain areas as bottomland preserves and regulate the management,
           preservation, recreational development, access and use of such preserves. The
    U    ~~historical society and DNR may also promulgate rules for the protection of
           submerged cultural resources and objects removed from underwater
           archaeological sites. The state law creates stricter penalties for those who
    3    ~damage or destroy underwater archaeological and historical sites on state-owned
           lands (including the bottoms of the Great Lakes).
               The law created a 16 member submerged cultural resources council to advise
    I    ~the Historical Society and DNR on the submerged cultural resources program,
           make recommendations on the creation and management of bottomland
           preserves and, upon request, review certain application for archaeological,
           permits.
               in 1990, a Draft. Policy was prepared for administering Section 44.47 as it
    I    ~relates to underwater sites. The purpose was to help administer the act, and to
           make special provisions for underwater archaeological resources and the people
           who use them. The draft policy addresses issuance of underwater field
    'I   ~archaeology permits and the custody of artifacts from underwater archaeological
           sites on public lands. Permits are issued by the State Historical Society. The
           permit system enables the state to monitor archaeological activities. The State
    R     ~~issues three types of permits: (1) Survey/Excavation permits - issued to qualified
           individuals for the conduct of field archaeology; (2) Recovery permits - issued only
           in situations of non-archaeological recovery of artifacts from an archaeological
    U,   ~site. This may include removal of artifacts by sport divers, amateur
           archaeologists, commercial salvors, dredgers, or construction contractors; and
           (3) Isolated Finds Recovery permits - to recover an artifact not part of an
    I    ~ ~archaeological site, which would include isolated ship's anchors, disarticulated
           structural members (scattered timber) or isolated artifacts. The state reserves to
    I     ~~itself the title to all objects found and data gathered in field archaeology on state
           sites. A permit may name a custodian other than the historical society but the
           title is reserved to the historical society as trustee for the state.

                                                 25,

               Act 269 of the 1991 Assembly provided for the creation of a preserve system
           based loosely on Michigan's program. It established a Preserves Council
           consisting of representatives from the State Historical Society, DNR, and Sea
           Grant, as well as sport divers, museum staff and four legislators (one from each
    I      ~~side of the aisle from both the State House and Senate) to advise on management
           issues. The inclusion of members of the legislature appears to be unique to
           Wisconsin. David Cooper, of the Underwater Archaeology Program, said that
    I     ~~through their participation, the legislators have become knowledgeable on the
           issues and are able to lend political weight to their program. The members were
           chosen on the basis of their representing an area having many submerged
           cultural resources, or of their sitting on a committee involved in oversight of the
           state's program.
                The most recent legislative addition, Assembly Bill 91, was passed in 1994.
           This bill addresses underwater preserve management by creating several
           administrative positions including; a preserves coordinator, law enforcement
           personnel (marine police), and a grant program to fund shipwreck surveys.

    I     ~~Submerged Cultural Resources Maaeet Plans and Strategies:

               Wisconsin employs a full-time underwater archaeologist. This archaeologist
           is required to conduct field work and publish the results annually. He has trained
           a cadre of sport divers as volunteer technicians who assist him in the fieldwork.
           The information from the fieldwork is shared with sport divers through
    I     ~~publications. The Wisconsin Historical Society, the official historic preservation
           agency of the state, works to inform sport divers of state laws that protect
           submerged cultural reso urces. Wisconsin Department of Natural Resources
           (WiDNR), responsible for the management of state bottomlands, and Wisconsin
           Underwater Archaeology Association (WVUAA), a private, non-profit organization
           of sport divers and maritime historians, are currently working together to develop
           a management strategy to protect submerged cultural resources.

    I        ~~~Though they are authorized to do so, Wisconsin has not yet created any
           underwater preserves. Instead, they have concentrated on creating a
           management infrastructure to ensure that any preserves, when created, will
    I    ~~benefit from professional oversight and on-site enforcement of their regulations.
           Wisconsin is particularly concerned with avoiding the types of problems
           Michigan experiences in its preserves. Before the passage of Assembly Bill 91,
    I    ~Mr. Cooper had pointed out (memo dated 11/89) that neighboring Michigan was
           experiencing a good deal of vandalism inside their preserves for lack of
           management ability. He concluded, "clearly there is a need for improved on-site
    I    ~ ~management in these areas, as well as a need for a campaign of public education
           coupled with increased law enforcement.

                                                 26

               Mr. Cooper stated that the creation of their state underwater preserves will
    I     ~~have to hinge upon National Register quality surveys. Additionally, while there
           are already several candidate areas in mind, he was unsure whether the
           preserves will be for individual wreck sites or for groupings of wrecks. He added
           that the preserves would probably follow the lead of Florida and Vermont in
    'B   ~placing buoys on the ships and providing brochures and underwater guides for
           interpreting the wreck site. The treatment of the preserves on land will have to
    I     ~~depend on extant facilities. Preserve exhibits might be placed in a local museum
           and information displayed in local dive shops.
               Wisconsin is also concerned with the potential effects of trying to balance
           salvage and recreational diving. According to Cooper "any permitting of
           commercial salvage of abandoned property without due concern for its
           recreational value can undermine and discredit the state's broader efforts at
    3     ~preserving bottomland resources."
               Wisconsin has considered a policy allowing for an isolated finds permit.
    3 ~~However, Cooper expresses reservations about such a system as it creates
           problems in identifying what exactly constitutes a site (some of which are
    I     ~~scattered but definitely part of a single entity), and that excluding tools will not
           prevent serious damage to sites. He feels the ability to salvage an artifact solely by
           hand is "hardly a definition of archaeological non-significance."
                In 1988, nearly 700 shipwrecks in state waters were inventoried through
    I    ~~literature research, and twelve of these were subsequently verified by field survey.

    I     ~Sources:
           Cooper, David
           1989   Memorandum: Underwater Abandoned Property and Submerged
                   Cultural Resources Management in Wisconsin, November 27, 1989.
                   Underwater Archaeology Program, State of Wisconsin.

    I     ~Cooper, David
           1994   Personal Communication, April 8.
           Partners for LivablePlaces and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management.  Partners for Livable
                   Places, Washington, D.C.
           The Ontario Heritage Foundation
           1992 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
     I          ~~~Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February
                 15-16, 1992. Toronto: The Ontario Heritage Foundation.

                                                 27

           Vrana, Kenneth J. and Edward Mahoney (ed.).
           1993 Proceedings of the Great Lakes Regional Conference on Underwater
     I         ~ ~~Cultural Resource Policy February 8-4, 1993, Michigan State University
                 East Lansing, Michigan: The Department of Parks and Recreation
     *          ~~~Resources.
           Vrana, Kenneth J. and Edward Mahoney, (eds.)
           1993   Great Lakes  Underwater Cultural Resources: Important Information
     I          ~ ~~for Shaping Our Future. Proceedings of the Great Lakes Regional
                   Conference on Underwater Cultural Resource Policy, February 3-4, 1993,
                   Michigan State University.

    R ~OTBER U.S. STATES WITH LEGISLATION OR MANAGEMENT STRATEGIES
           USEFULFOR FLORiDA

               The U.S. states previously summarized were all considered to be in the
    I    ~~forefront of submerged cultural resources management.  The following U.S.
           states, while not leaders in underwater resource planning, have program
    3     ~~components that would be relevant for drafting Florida's plan.

    I ~ALABAMA
           Laws and Rulew.
    I        ~~~There are five pieces of legislation which pertain' directly or indirectly to
           Alabama's management of submerged cultural resources. These are: Maritime
    I     ~~Legislation (proposed as of March 1994), the Alabama Antiquities Act, the
           Alabama Burial Act, and the Maritime Search and Identification Permit.
               Under current law, artifacts from shipwrecks are considered property of the
           state and are managed and preserved under the jurisdiction of the Alabama
           Historical Commission. The proposed Maritime Law would clarify current law
           and practice by providing that artifacts, treasure troves, and articles contained in
    I    ~ ~waters or submerged lands of the state would be declared as "state cultural
           resources" and would be regulated and protected by the Alabama Historical
    I      ~~Commission. The Commission would be designated as the official custodian of
           those resources and would be required to develop a management plan for them.
               The Department of Conservation has charge of other matters related to state
    I ~~bottom lands. Act 85-53 "authorizes the State Commission to contract for the
           excavation of sunken ships lying within navigable waterways of the State." These
           contracts allow "fair compensation to the salvager, and owner of the private land

             I~~~~~~~~~~~~2

           where applicable, in terms of a perc entage of the reasonable cash value of the
           objects recovered, or, at the discretion of the Commission, a fair share of the
    I    ~ ~objects recovered." The state not only places limits on commercial salvage of
           historic shipwrecks but on scientific research as well. Sport divers are prohibited
           from removing any materials from historic shipwreck sites, but can -take isolated
    3    ~ ~finds. The state asserts ownership of 100 percent of all artifacts and 50 percent of
           all gold and silver.

             I~~~~~~~~~~~~2

    Submerged Cultural Resources Management Plans and Strategies:

       Should the proposed Maritime Legislation become law, the Alabama
    Historical Commission would be designated as the official custodian of those
    resources and would be required to develop a management plan for them.

       Alabama's Underwater Cultural Resources Act authorizes the Alabama
    Historical Commission to restrict commercial fishing in the immediate vicinity of
    submerged cultural resources. It is well known that snagged nets can, and often
    do, damage wreck sites. Alabama appears to be the only state with such a
    provision in its law.

    Sources:

    Partners for Livable Places and the National Trust for Historic Preservation
    1988   Historic Shipwrecks: Issues in Management. Partners for Livable
           Places, Washington, D.C.

    Rhinehart, Greg
    1994 Personal Communication, Alabama Historical Commission, February 24.

                                        30

    I     ~CALIFORNIA
    U     ~Laws and Rules:
               The State Lands Commission is the Californ~ia agency entrusted with the
           responsibility for the preservation, protection and management of the State's 3.5
    I     ~million acres of submerged lands. The Commission administers the California
           Shipwreck and Historic Maritime Resources Program under Chapter 732 of 1989,
           (Public Resources Code Sections 6309, 6313, 6314). These guidelines describe the
           Program's permitting process for conducting salvage or research activities on
           both historic and non-historic shipwrecks. Permits granted under these
           authorities are subject to the California Environmental Quality Act. Removal by
           sport divers of objects associated with abandoned shipwrecks from the seabed is
    I    ~~subject to penalty. Recreational permits for activities using small hand tools on
           "non-significant sites" may be issued by the Commission.. The Commission does
           not include historic shipwrecks within its comprehensive historic preservation
    I    ~plan.

    E     ~~Submerged Cultural Resources MaaeetPliazs and Strategies:
               To implement the law, the Commission's Executive Officer established the
           Submerged Cultural Resources Unit. Its initial tasks were to develop a Policy
           Statement and formulate Guidelines for applications for both commercial and
           scientific permits. The Unit has compiled an inventory of California shipwrecks,
    I ~~and has written a guide for sport divers, entitled "Historic Shipwrecks in
           California Waters." It outlines the goals of the shipwreck program, provides an
           overview of California shipwreck law, advises how to report an accidental
           discovery of a shipwreck, and encourages sport divers to locate and report
    I    ~shipwrecks. To educate sport divers about the need to protect and conserve
           archaeological and historic sites, the Unit regularly talks to dive clubs,
    I ~~participates in diver education programs, and writes articles for and letters to
           dive publications.
               The person in charge of the Submerged Cultural Resources Unit at present is
           Peter Pelkofer, Senior Counsel, State Lands Commission. He is a lawyer and a
           diver. He was solely responsible for drafting Senate Bill 1453. He stated that there
           was no serious opposition to the bill because few people are very interested in this
    I    ~issue in the State. Pelkofer met with sport divers and persuaded them of the need
           for the bill. There is also legislation which protects wrecks by keeping their
           locations confidential as a matter of public interest. Other state agencies which
           deal with archaeology have the same provisions. Normally site information
           would have to be disclosed under the provisions of The Public Records Act and
           Disclosure Acts but archaeological site locations are exempt.

                                                 31

               The Submerged Cultural Resources Unit has no operating budget for a
    I    ~ ~program. Three people, including Pelkhofer, are involved with these issues: one
           in Environmental Planning who is an amateur historian and another in the
            same office who is a trained archaeologist. Six. or seven people in the State Lands
            Commission are certified divers, including Pelkofer.
               The Submerged Cultural Resources Unit follows the guidelines set down by
    I    ~ ~the Abandoned Shipwreck Act. There are 1,600-1,700 shipwrecks listed in the
            State's inventory, although many of these aren't of historical interest. The
            Submerged Cultural Resources Unit has a boat and diving equipment.
               Over the past few years the state has had a jurisdictional dispute with the
            Federal Government over territorial waters. A number of these issues arose as a
    3      ~~result of a salvor's application for a license to search for one or more historic
            wrecks located in Drake's Bay.
    3       *~~~InSeptember 1994, the State opened its first underwater shipwreck park, "The
            Historic Barges of Emerald Bay", in Lake Tahoe. The park is the result of a
            cooperative venture between the California Department of Parks & Recreation, the
            City of Los Angeles Department of Recreation & Parks, and the Los Angeles
            Maritime Museum. There are also many natural underwater parks operated by
            the Department of Parks and Recreation. The cultural resources found in such
    I      ~~parks are all protected by state law. The Submerged Cultural Resources Unit
            maintains a close working relationship with the Head of the Cultural Resource
            Section in the Parks.

            Sources:
    I      ~~California Department of Parks & Recreation, the City of Los Angeles Department
                   of Recreation & Parks, and the Los Angeles Maritime Museum.
                   Invitation to the opening of The Historic Barges of Emerald Bay,
                   California's First Underwater Shipwreck Park ", Friday September 23,

    I      ~California State Lands Commission
                    Historic Shipwrecks in California Waters: including navigable rivers,
                   lakes and coastal waters to the three-mile limit and surrounding offshore
     I          ~ ~~~islands. A Guide for Sport divers. (brochure) Submerged Cultural
                   Resources Unit, Sacramento.
    3      ~~California State Lands Commission
                   California State Lands          CmisoPlcyfor The Management of
                   Submerged Cultural Resources. Submerged Cultural Resources Unit,

             I~~~~~~~~~~~~~3

           Sacramento.
    California State Lands Commission
    1992a  General Application Guidelines for Marine Salvage Permits. Submerged
           Cultural Resources Unit, Sacramento.
    1992b  Discovery and Removal of Historically Significant Objects and Materials
           from State Submerged Lands. Submerged Cultural Resources Unit,
           Sacramento.
    Pelkofer, Peter
    1994   Personal communication, Senior Counsel, State Lands Commission,
           March 25.

                                       33

    I~ILI

            Laws and Rules:

     I         ~~~Illinois' Department of Transportation controls commercial salvage on state
            lakes and the Illinois State Museum grants archaeological permits. Neither
            agency has issued permits for shipwrecks. The Aboriginal Records Act (IL. Rev.
    I    ~    ~Stat. 1979; Ch. 127, Sec. 133c et seq.) and the Canals and Waterways Act (IL. Rev.
            Stat. 1979; Ch. 19, Sec. 52 et seq.) authorize the management of Illinois'
            abandoned shipwrecks. The state's approach has been consistent with its
            philosophy of uniform policy for all historic resources.
                The state has additional statutes intended primarily for cultural resources
    I    ~    ~found on land, but which might be also applied to underwater sites. These are:
            Archaeological and Paleontological Resources Protection Act (Act 3435), Historic
            Resources Preservation Act (Act 3420), the Human Skeletal Remains Protection
            Act (Act 3440), and the Historical Sites Listing Act (Act 3415).

                The Archaeological and Paleontological Resources Protection Act (Act 3435) is
            the key regulatory framework for submerged cultural resources protection in the
            State. The Act specifically includes shipwrecks and grants the state the right to
            regulate activities that may affect those resources. The act also enables the state
            to establish a permit system for exploration and excavation of archaeological sites.
            Certain state agencies and activities are exempt from permit requirements.
                Sport divers are allowed unrestricted access to abandoned shipwreck sites but
            are not permitted to remove any items. In theory, the state retains ownership of
            excavated materials.

             I~~~~~~~~~~~~3

    I     ~Subimered Cultural Resources Maaeet PKans and Strategie:
               The state cooperates with volunteer groups such as the Chicago Underwater
    I     ~Archaeological Society (CUAS) which has made tremendous contributions to the
           protection of shipwrecks on Illinois bottomlands. This non-profit organization
           managed by volunteers has documented several. important sites and created site
           plans for diver orientation. CUAS also monitors sites and reports vandalism and
    I    ~thefts. In general, the State hopes to emulate Michigan's system of underwater
           parks and its excellent guidebooks. There has been at least one specific proposal
           to establish an underwater archaeological preserve near the city of Chicago. To
           date no underwater parks proposal have been created.
               Illinois has some unique submerged cultural resources. In 19 19/20 following
           the end of World War One, the UC-97, a German U-Boat captured as a war prize,
           was taken on a tour of the Great Lakes by the U.S. Navy. At the completion of the
           tour the submarine was deliberately sunk by the Navy in accordance with an
    3 ~agreement among the Allies. The submarine was relocated, by divers in the late
           1980s, off Chicago, and found to be relatively intact, in deep water. This
           submarine is one of the few surviving World War One German U boats.
    I         f~~~llinois is state in which the first constitutional challenges to the Abandoned
    I     ~Shipwreck Act of 1987 were mounted. The cases, which began in 1989, are the
           Seabird and Lady Elgin salvage litigations. These two shipwreck sites are near
           Chicago. As part of the defense, the National Trust for Historic Preservation
    I     ~prepared an amicus curiae brief which argued in support of the constitutionality
           of the Abandoned Shipwreck Act. A number of national archaeological societies
           "signed on" to the National Trust's brief, thus demonstrating the commitment of
           archaeologists and historic preservationists to fight to preserve gains obtained by
    U     ~the Act. In 1993 the Abandoned Shipwreck Act was found to be constitutional by
           Judge Illona. D. Rovner in a ruling on the Seabird case.

    I     ~Sources:
           Esaray, Mark
    I     ~1994    Personal Communication, Chief Archaeologist, February 25.

           Halsey, John R.
    I    ~1990   Beneath the Inland Seas: Michigan's Underwater Archaeological
                  Heritage. Bureau of History, Michigan Department of State.

    3     ~~Partners for LivablePlaces and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management. Partners for Livable
                   Places, Washington, D.C.

                                                35

    The Ontario Heritage Foundation
    1992 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
         Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February
          15-16, 1992. Toronto: The Ontario Heritage Foundation.

    Vrana, Kenneth J. and Edward Mahoney (ed.).
    1993 Proceedings of the Great Lakes Regional Conference on Underwater
          Cultural Resource Policy February 3-4, 1993, Michigan State University
          East Lansing, Michigan: The Department of Parks and Recreation
          Resources.

    Vrana, Kenneth J. and Edward Mahoney, (eds.)
    1993   Great Lakes Underwater Cultural Resources: Important Information
           For Shaping Our Future, Proceedings of the Great Lakes Regional
           conference on Underwater Cultural Resource Policy, February 3-4, 1993,
           Michigan State University. Department of Park and Recreation
           Resources, East Lansing.

                                        36

    I    ~MAINE

           Laws and Rules:

    I        ~~~State-owned Objects and Specimens (S.P. 489 - L.D. 1573 - Chapter 13 of Title
           27; Subchapter 11, 1969), Section 37 1-373 grants title to the Maine State Museum in
    I     ~~Augusta, as trustee for the state, to all archaeological sites and objects found in or
           under state lands and waters. Permits are required to alter any historic site or
           remove objects from it. Section 374 authorizes the state to issue permits and sets
           forth requirements and limitations regarding excavation of any site.
           Unauthorized removal is punishable by a fine up to $500 for each item.
               The State Museum and Historic Preservation Commission have jurisdiction
           over the management of shipwrecks under Maine's Archaeological Heritage
           Preserve Act, enacted in 1981.

    I     ~~Submerged Cultural Resources Maaeet Plans and Strategies:

               Historic Preservation Funds can be made available for the discovery, analysis
           and protection of historic shipwrecks, and the state employs underwater
           archaeologists on its cultural conservation staff to conduct these activities. The
           state regulates commercial salvage of abandoned shipwrecks and the scientific
           investigation of historic shipwrecks through an excavation permitting process.
           Maine prohibits the commercial salvage of historic shipwrecks and retains
           ownership of all recovered objects. The state has access to conservation and
           curatorial services with qualified staff. The state does not provide access for sport
           divers to abandoned shipwrecks for recreational exploration and forbids the
           taking of any historical materials. Maine encourages the inclusion of volunteer
           sport divers on archaeological projects, but provides them' no training in scientific
           study or excavation methods.
     I        ~~~The state's greatest difficulty lies in determining site eligibility for the
           National Register. Most of the 500 shipwreck sites on the inventory were listed on
           the basis of archival research, not inspection. Maine is well-positioned to predict
    I    ~ ~the location of shipwrecks along its 3,000-mile coastline, but lacks the resources to
           mount expensive remote-sensing surveys.

           Sources:
           Bradley, Robert L.
           1990    Maine State Plan for Historical Archaeology: Shipwrecks Management
                   Plan. (Draft One) Maine Historic Preservation Commission, Augusta.

                                                 37

    Bradley, Robert
    1994 Personal Communication, Assistant Director, Deputy SHPO, February 23.

    Maritime Archaeological and Historical Research Institute (MAHRI)
    1985    MAHRI Newsletter 2(1):1-3.

    Partners for Livable Places and the National Trust for Historic Preservation
    1988   Historic Shipwrecks: Issues in Management. Partners for Livable
           Places, Washington, D.C.

                                        38

    I      MASSACHUSETJZ

           I~ws and Rulem.
               In 1973, the Massachusetts Board of Underwater Archaeological Resources
           was established under Massachusetts General Law Chapter 6, sections 179-180,
    I      ~~and Chapter 91, Section 63. The Board is charged with the responsibility of
           encouraging the discovery and reporting, as well as the preservation and
           protection, of underwater archaeological resources. Generally, those resources
           are defined as abandoned property, artifacts, treasure'trove, and shipwrecks. The
    I    ~ ~State holds title to these resources and retains regulatory authority over their use.
           The Board may however waive its rights to jurisdiction over isolated finds. The
           isolated finds shall be reported to the Board, and if the isolated find is not of major
           historical value, the Board may relinquish all right, title and interest in the find.
           The Board's jurisdiction extends over the land and coastal waters of the state.
               The Board has the authority to issue permits. Two types of permits are
           issued: 1) Reconnaissance permits - for the non-destructive inspection and
           identification of underwater archaeological resources with minimum site
           disturbance; and 2) Excavation permits - to uncover or remove underwater
           archaeological resources through the use of disruptive investigation techniques.
           Permittees range from individual sport divers to corporate ventures to museums.
     I        ~~~In Section 180 of Chapter 6, the Board issues permits to qualified persons for
           exploration, recovery and salvage of underwater objects, with the condition that
           the board supervise the investigation, excavation and preservation. Under permit,
           a site is protected from unauthorized removal or salvage of material by anyone
           other than the permittee or his representatives. The pernmittee is entitled to 75% of
    I     ~~the recovered material; the remaining 25% belongs to the state. The Board may,
           however, exempt an underwater archaeological resource from the permit process
           because of it location, condition, history, or resource value. The intent of creating
           an exempt shipwreck site is to preserve such sites for the continued enjoyment of
    I    ~ ~the recreational diving community. There are currently 40 exempted shipwrecks
           in Massachusetts.

                                                  39

    I     ~~Submerged Cultural Resources Maaeet Plans and Strategies:
               The Massachusetts Board of Underwater Archaeological Resources is the
           trustee of the Commonwealth's underwater heritage, promoting and protecting
    I    ~ ~the public's interest in these resources for recreational, economic, environmental
           and historical purposes. The Board currently has funding for one position, a
           (Director), with limited state and federal (CZM grant) support for travel. There is
    I    ~ ~no funding for additional staff, Board Member expenses, contractors, consultants,
           paid interns, or equipment. At one time, the Board had a contracted on-site
           archaeological field observer but this position no longer exists.

           Sources:
           Massachusetts
                   List of-Exempted Shipwrecks. Executive Office of Environmental Affairs,
      I          ~ ~~Board of Underwater Archaeological Resources.
           Mastone, Victor T.
    1      1~~994   Profile: Board of Underwater Archaeological Resources. Letter from the
                   Director, Commonwealth of Massachusetts, Executive Office of
                   Environmental Affairs, Bureau of Underwater Archaeological Research,
      *           ~~~March 16.

             I~~~~~~~~~~~~4

    NEW HAMPSHIRE

    Laws and Rules:

        Since 1981 the laws of New Hampshire (Revised Statutes Annotated or RSA
    227-C:7-8) have contained provisions for the management of artifacts on state
    lands and beneath state waters.

        In RSA 227-C:7, the state asserts its obligation to protect historical remains on
    state property. The state may grant permits for the study or recovery of discovered
    remains according to standards set by the Division of Historical Resources (DHR).
    The exclusive right to apply for a permit to investigate a previously unrecorded
    historical resource belongs to the discoverer until he or she waives that right. A
    permitted investigation requires specifically trained personnel, but they may be
    team members other than the permit holder.

       RSA 227-C:8 concerns the custody of historical resources recovered from state
    property. A discoverer may keep isolated finds when those finds are reported to
    the DHR. A discoverer of a previously unrecorded historical resource is entitled to
    at least 25% of the material recovered from that resource when he or she
    participates in a permitted investigation. The custodian of such materials must
    preserve, conserve, restore, catalogue, and record them according to DHR
    standards; and can dispose of them only with written approval from the DHR.
    Violations of these statutes is a misdemeanor.

    ISubmerged Cultural Resources Management Plans and Strategies:

       In July, 1990, a planning document called a "historic context" was written as
    the blueprint for shipwreck preservation in New Hampshire. Goals and priorities
    for this historic context include: (1) the establishment of a system of underwater
    preserves; (2) the implementation of an evaluative survey and inventory of
    shipwreck sites under state waters; (3) the creation of a system for inventorying
    and evaluating isolated finds already recovered from beneath state waters; (4) a
    system for reporting future isolated finds and (5) re-institution of the contractual
    agreement between the DHR and the Institute for New Hampshire Studies at
    Plymouth State College which allows for, among other things, a timely response
    to fishermen and others who discover or accidentally recover underwater
    historical resources.

                                          41

           New Hampshire Division of Historical Resources
                  Preserving Abandoned Shipwrecks in New Hampshire Waters.
                  (brochure). New Hampshire Division of Historical Resources, Concord.

    I     ~~Potter, Jr., Parker B. and David Switzer
           1990   Historic Context 65: Shipwrecks in New Hampshire Waters, 1 620-1940.
                  Technical Paper in Historic Preservation, Number 1.
           Potter, Parker
    I     ~~1994   Personal Communication, Division of Historical Resources, February 22.

             I~~~~~~~~~~~~4

    I      NEW YORK

           Laws and Rules:
     I        ~~New York has enacted laws and regulations'and has formally established an
           abandoned shipwreck management program under Education Law Section 233
    I     ~~(1947, amended 1958). The law asserts that the New York State Museum is the
           official custodian of underwater properties not placed in other public jurisdiction.
           The Office of General Services has jurisdiction over submerged state lands. New
           York prohibits commercial salvage at historic sites, sanctioning only scientific
    I    ~ ~investigation. State law requires that a permit be approved and issued by the
           Education Department for research on any state lands. The Office of Parks,
           Recreation and Historic Preservation assumes an advisory role in the review of
           federal and state actions with potential impact on cultural resources.
               Section 233 Permits for underwater archaeological excavations must be
    I    ~obtained from the N.Y. State Education Department with approval from the
           Commissioner of General Services whose office is with the Executive Department,
    I     ~~Albany. The State holds title to all artifacts and property, and determines the final
           disposition of al artifacts.
               The state retains ownership of all archaeological materials brought up in the
           course of scientific studies on historic shipwrecks. The state allows sport divers
           access to abandoned wrecks, restricts their access at sites being studied under
           scientific research permits unless they are approved participants, asid forbids
           collecting of artifacts at historic sites. Permitted research and excavation at
           historic shipwreck sites requires 1) the preparation of research designs and
           professional reports, 2) the application of archaeological methods, 3) the
           employment of qualified underwater archaeologists (the state does not retain one
           on its staff), and materials conservators, and 4) the preservation of artifacts and
           materials recovered. The state retains ownership of all such materials. New York
           conducts public education and outreach on underwater archaeological projects
    I    ~through the State Museum. Museum staff hold and attend workshops dealing
           with maritime heritage and archaeological values associated with historic
    I     ~~wrecks. Its anthropology unit publishes informational literature on the state's
           underwater research permitting system and emphasizes technical and scientific
           findings.

                                                 43

    I     ~Submerged Cultural Resources MaaeetPlans and Strategies:-
               Because of its importance in American colonial history, Lake George has been
           a focal point for underwater amateur archaeology for many years. The most
    I    ~ ~successful non-profit organization involved in underwater research in the state is
           Bateaux Below Inc.. In September 1993, two Submerged Heritage Preserves were
           opened in Lake George (The Forward and the Wiawaka Bateaux Cluster site).
    I    ~The Wiawaka site consists of seven bateaux (small boats) shipwrecks which date
           from the Seven Years War (1756-63). The sites are jointly managed by a number of
           state and private organizations. A campaign was begun to educate divers about
    I    ~ ~the sensitivity of the sites through the distribution of pamphlets in area dive
           shops. In 1993, the Wiawaka Bateaux Cluster site was listed on the New York
           Register of Historic Places. In August 1994, a third Submerged Heritage Preserve
    I    ~was opened in Lake George. This site is the well preserved remains of a Radeau
           ("Land Tortoise") a uniquely designed warship which was deliberately scuttled by
           the British in 1758.
     U        ~~Submerged cultural resource activity in New York state is concentrated in the
           Lake George area. There has been some limited research conducted in Lake
           Ontario, and significantly less in Lake Erie and the Atlantic coast region. The
           organized effort of groups such as Bateaux Below Inc. have had the most effect in
    I     ~~the State.

           Sources:
    I     ~Education Law Sec. 233 (1947, amended 1958)
           Partners for Livable Places and the National Trust for Historic Preservation
           1988   Historic Shipwrecks: Issues in Management. Partners for Livable
                   Places, Washington, D.C.

    I     ~The Ontario Heritage Foundation
           1992 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
                 Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February
                 15-16, 1992. Toronto: The Ontario Heritage Foundation.
           Vrana, Kenneth J. and Edward Mahoney (ed.).
    I    ~1993  Proceedings of the Great Lakes Regional Conference on Underwater
                 Cultural Resource Policy February 3-4, 1993, Michigan State University
                 East Lansing, Michigan: The Department of Parks and Recreation
     I        ~~~Resources.
    I     ~Vrana, Kenneth J. and Edward Mahoney, (eds.)

                                                44

             193 Great Lakes Underwater Cultural Resources: Important Information
                For Shaping Our Future, Proceedings of the Great Lakes Regional
    I         ~    ~~conference on Underwater Cultural Resource Policy, February 8-4, 1993,
                Michigan State University. Department of Park and Recreation
                Resources, East Lansing.

           I~~~~~~~~~~~~4

           Laws and Rules:
     I'       ~~Ohio has'passed laws to address the issues of the Abandoned Shipwreck Act.
           in December 1991, House Bill 264 was passed to establish a method of managing
           underwater cultural resources in the Ohio waters of Lake Erie. The law
    I    ~ ~recognizes State responsibility for abandoned shipwreck and aircraft sites in the
           Ohio waters of Lake Erie. The Ohio Department of Natural Resources (DNR) is
    I     ~the agency charged with implementing the provisions of the bill, but the Ohio
           Historical Society (OHS) is responsible for evaluation of the historical and
           arc~haeological value of submerged resources.

    a. ~~The Act authorizes the Director of the Department of Natural Resources, with
           the approval of the Director of the Ohio Historical Society, to adopt rules
           establishing Lake Erie Submerged Lands Preserves for any areas of submerged
    I    ~ ~lands in Ohio's portion of Lake Erie that contain a single watercraft or aircraft
           constituting abandoned property, or other features of archaeological, historical,
           recreational, -ecological, environmental, educational, scientific, or geological
           value.

    I     ~Submerged Cultural Resources MaaeetPlans and Strategies:
               Part of the management program of Ohio consists of establishing Submerged
           Land Preserves wherein the recovery of objects will be prohibited, except for
           archaeological research. The Preserves can be no larger that 300 square miles
           and their combined area cannot exceed ten percent of Ohio's total underwater
           land area. When proposing a preserve, the DNR and OHS must consider such
           criteria as whether creating the preserve is necessary to protect abandoned
           property or significant underwater features having archaeological, historical,
           recreational, educational or scientific value.
               The move to establish one or more underwater preserves in Ohio began with a
    rn    ~study done in 1987 which identified at least thirty-three shipwrecks in an area
           extending between Cleveland and Vermilion, Ohio, and extending north to the
           international boundary with Canada. Subsequent field surveys determined that
           shipwrecks in these boundaries were worthy of protection as important historical
           artifacts.
               The law encourages. public participation in the decision makting process by
    I    ~creating a seven member Submerged Lands Advisory Committee made up of
           representatives of the DNR, Historical Society, recreational diving groups,
           commercial salvors, historians, archaeologists, and other interested parties. The

                                                 46

           Advisory Committee may recommend action in determining the boundaries of
           preserve areas, the issuing of salvage permits, and the creation of policies and
           rules needed to implement the provisions of the bill.
               The Act requires any person proposing to recover, alter, salvage, or destroy
    II    ~any abandoned property located on, in, or in the immediate vicinity of and
           associated with a submerged watercraft or aircraft in Ohio's portion of Lake Brie
           to obtain a permit from the DNR Director, with the approval of the OHS Director.
    *     ~~No permit may be approved in a Lake Erie Submerged Lands Preserve unless the
           operation is for historical or scientific purposes or will not adversely affect the
           historical, cultural, recreational, or ecological integrity of the preserve as a
    U    ~ ~whole. A permit is not xequired to recover, alter, salvage, or destroy abandoned
           property located outside the Lake Erie Submerged Lands Preserve. The state
    ~~   ~ owns all abandoned property that is submerged in Ohio's portion of Lake Erie
           with a few exception.
               The Act provides for penalties related to the illegal removal of objects. On a
    I     ~~third offense, the conviction requires the seizure and sale of al dive gear, boats, or
           any other tools or equipment used in the illegal removal of artifacts. Funds from
           the sale of equipment confiscated from illegal recovery operations will be credited
           to the Lake Erie Submerged Lands Preserves Fund. These funds are to be used to
           enhance the effectiveness of the management program and to assist in the
           establishment and maintenance of preserves. Emphasis is on educational
           programs, better recreational access to dive sites, the development of
           archaeological and historical research projects, and the support of volunteer
           efforts to document Ohio shipwrecks.
     I        ~~The Ohio program follows the Michigan example by encouraging the
           participation of recreational divers in the location and non-destructive
    I     ~~documentation of historic shipwrecks, and in the establishment and
           management of underwater preserves. Ohio recognizes the right or privilege to
           engage in recreational diving. Through cooperative regional educational efforts,
            such as the Association for Great Lakes Maritime History Diver Manual, Ohio
           encourages divers to take a non-destructive approach to historic shipwrecks.

    t     ~Soures:.
           Runyan, Timothy J.
    �      1~~990   Shipwreck Legislation and the Preservation of Submerged Artifacts. Case
                   Western Reserve Journal of International Law 22(1):31-45.
    I     ~The Ontario Heritage Foundation
            1992 Preserving Great Lakes Underwater Heritage: A Review of Regulation and
                  Policy. Minutes of a Meeting Held in Windsor, Ontario, Canada, February

                                                  47

          15-16, 1992. Toronto: The Ontario Heritage Foundation.

    Sea Grant.
    1982 Sportdiver's Handbook for Historic Shipwrecks: Tools and
          Techniques. Durham, N.H.: Northeast Marine Advisory Council,,
          pp. 6-8.

    Vrana, Kenneth J. and Edward Mahoney (ed.).
    1993 Proceedings of the Great Lakes Regional Conference on Underwater
          Cultural Resource Policy February 3-4, 1993, Michigan State University
          East Lansing, Michigan: The Department of Parks and Recreation
          Resources.
    Vrana, Kenneth J. and Edward Mahoney, (eds.)
    1993   Great Lakes Underwater Cultural Resources: Important Information
           For Shaping Our Future, Proceedings of the Great Lakes Regional
           conference on Underwater Cultural Resource Policy, February 3-4, 1993,
           Michigan State University. Department of Park and Recreation
           Resources, East Lansing.

                                        48

    I ~U.S. TEHMflORIES:

    I     ~PUERTO RICO

           Laws and Rules:
     ft       ~~Act No. 10 concerning the management of submerged cultural resources was
           passed in 1987. The Act did several things. First, it declared all underwater
           archaeological sites and resources in the inland and coastal waters under the
    I    ~~jurisdiction of the Commonwealth of Puerto Rico as places of public interest.
           Second, it created the Council for the Conservation and Study of Underwater
           Archaeological Sites and Resources (the Council of Underwater Archaeology),
    ft   ~attached to the Institute of Puerto Rican Culture. Third, it regulated the
           procedures to be used in executing an operation for the study, exploration,
           excavation, recovery or salvage of an underwater archaeological site or resource,
           and to fix penalties and appropriate funds.

    ~~   ~ Submerged Cultural Resources Maaeet Plants and Strategies:
               A small laboratory for the conservation and restoration of artifacts has been
           developed. There has been ongoing development of an inventory of submerged
           cultural resources and plans have been made to further survey the main island
           and the waters around other smaller neighboring islands. There have been a
           series of ongoing administrative problems at the Institute of Puerto Rican Culture
           which have prevented the Council of Underwater Archaeology from functioning
           adequately to further develop management strategies.

               The Council of Underwater Archaeology has considered declaring at least one
           historic shipwreck as a "National Underwater Park" and eligible for the National
           Register. They are interested in developing a model similar to that of Florida's
    I    ~~underwater archaeological preserves. This has not yet occurred, however.
           Educational and outreach programs which were under consideration as part of a
    ft ~larger management plan also remain unimplemented.

           Sources:
           Bonet, Walter A. Cardona
    t     ~~1990   Letter to Roger Smith, May 28.

           Bonet, Walter A. Cardona
    I     ~~1991   Letter to Roger Smith, December 2.

                                                49

    TRUST TERRITORIES OF THE PACIFIC (AND FORMER TRUST
    TERRITORIES): Guam, Federated States of Micronesia F , Caroline and
    Marshall Islands, Rota, Palau

       The Federated States of Micronesia consist of approximately 2,1000 island
    groups. Some of the better known island groups include Truk, Yap, Pohnpei, and
    Palau.

    Laws and Rules

       Heritage protection legislation in these jurisdictions varies. There is little
    specific legislation to protect submerged cultural resources. There are State
    Historic Preservation Officers (SHPOs) located on several jurisdictions in
    Micronesia.

    Submerged Cultural Resources Management Plans and Strategies:

    Chuuk (formerly known as Truk Lagoon)

       One of the largest, single concentrations of historic shipwrecks in the Pacific
    Region from World War II is located at Truk Lagoon on the Truk Atoll in the
    Caroline Islands, in the Federated States of Micronesia. The Lagoon, forty miles
    in diameter, was a major naval port for the Japanese Imperial Pacific Fleet
    during World War Two and was known as the "Gibraltar of the Pacific."
    Beginning in February, 1944, the US Navy staged a series of air raids from
    aircraft carriers which sank most of the military and commercial vessels in the
    harbor. The exact number is unknown but it is at least sixty. There are many
    types of vessels sunk in the Lagoon, including at least one submarine and several
    aircraft. Since the late 1960s, Truk Lagoon has become one of the most popular
    dive destinations for international divers. The Trukese Government recognized
    the long-term importance of the underwater site for the local tourist economy and
    took steps to protect it as an underwater archaeological preserve. The site was
    listed on the National Register of Historic Places in 1976. The site encompassing
    the historic vessels is listed as being 524 acres in size. The entire Lagoon is about
    820 acres.

       Despite attempts to protect submerged cultural resources in the Lagoon,
    many artifacts, including human remains, have been looted by divers over the
    years. Before its designation as an underwater archaeological preserve local
    fisherman removed large amounts of explosives from the wrecks which they used
    to catch fish. This destructive practice has since been curtailed. None of the sites
    are buoyed because the native Trukese guides know the site locations so well. The
    lack of buoys protects these guides from losing their relatively exclusive status.

                                         50

           The sunken ships contain large numbers of remains of Japanese military
           personnel. In recent years delegations from Japan have systematically removed
            many of these remains under an agreement with the Truk Government. A
           number of these remains have been cremated in Shinto religious ceremonies held
    �      ~~on Truk. The wrecks in the Lagoon act as artificial reefs and have greatly
            enhanced the sea life in the Lagoon. Truk Lagoon is a good example of a park that
            combines elements of natural resource parks as well as archaeological preserves.

           'Bikini Lagoon
     I        ~~~Another Pacific site which has potential for development as an unique
            underwater archaeological preserve is Bikini Lagoon on the Bikini Atoll in the
           Marshall Islands. Bikini Lagoon holds the remains of a World War II fleet of a
    I    ~ ~least twelve major warships that were sunk at Bikini during a series of atomic
            and hydrogen bomb tests, named Operation Crossroads, which began in 1946.
            The twelve vessels assembled for the test were captured German and Japanese
    K    ~ ~ships, including the Nagato, the largest Japanese battleship to survive the war, as
            well as several US Navy vessels, including the aircraft carrier, Saratoga, and the
    t     ~~battleship Arkansas. Each ship was loaded with a complete set of munitions to
            simulate actual wartime exercises. The Saratoga was even loaded with a
            complete set of fully armed fighter planes. The atomic and hydrogen bombs tested
    I     ~~were al placed on the floor of the Lagoon. When they exploded they left an
            enormous crater. The Saratoga listed and burned for several days prior to
            sinking during one test. In the same test the Nagato was lifted right out of the
           water vertically before plunging to the bottom of the Lagoon!
     V        ~~~Unsafe levels of radioactivity precluded diving in the Lagoon until the 1970s
           when the site was first visited by research divers who made a television
            documentary. Radiation levels are now considered safe, and in recent years the
           people of Bikini who were forced to move to neighboring islands for the tests have
           begun returning to their native island. Beginning in 1989 the Submerged
           Cultural Resources Unit of the National Park Service, working in conjunction
           with the US Navy, surveyed extensively the remains of the sunken fleet. Bikini
           Lagoon is now being considered by the Bikini Council and the Department of the
           Environment as the site of an underwater archaeological 'preserve similar to that
            at Truk Lagoon. The NPS was asked to evaluate the significance of the ships
           historically and their potential use in a park setting. The NPS believes that the
            ships are important and would be popular among sport divers, although the sites
    I    ~ ~are in relatively deep water. The US Navy might be involved in the future to
           neutralize live ordinance and make the site safer for sport divers.

                                                  51

    Guam

       The Guam Office of Historic Preservation has run at least one training school
    in submerged cultural resources issues for SHPOs from several Micronesian
    Islands. Since the late 1980s there have been experiments in the development of a
    government and private sector partnership on issues of marine archaeology and
    cultural tourism.

    Sources:
    Carell, Toni
    1988   Underwater News - Government of Guam, Rota, Palau.  Society for
           Historical Archaeology Newsletter 21(2):43.

    1989   Underwater News - Marshall Islands - Bikini Atoll. Society for Historical
           Archaeology Newsletter 22(4):26-27.

    Matthewson, R. Duncan III and John Bent
    1991   Marine Archaeology and Cultural Tourism in Guam: A Case Study in
           the Development of a Government-Private Sector Partnership. Third
           Global International Congress of Heritage Interpretation, Honolulu.

                                        I2
     I~~~~~~~~5

                          APPENDIX THREE:

              INTERNATIONAL LAWS, RULES,
                       CONVENTIONS AND
                 MANAGEMENT STRATEGIES
     FOR SUBMERGED CULTURAL RESOURCES
                       OF OTHER NATIONS

    BRIEF OVERVIEW OF INTiERNATIONAL LAWS, CONVENTIONS,
    RESOLUTIONS, AND ADMINISTRATIVE BODIES
        There are a number of international conventions and recommendations
    which relate to the protection of submerged cultural resources. A brief listing
    and discussion of these follows. Acroynms, conferences, conventions,
    resolutions, and administrative bodies are given in boldface.
        The U.S. is a signatory to most of the following, although the U.S. is not
    presently a formal member of UNESCO since the Reagan Administration
    withdrew from the organization in 1984 citing political reasons. In recent years
    the U.S. has been conducting audits of UNESCO with a view to rejoining the
    organization. It seems probable that this will happen eventually. Many U.S.
    governmental organizations have continued to maintain informal links with
    UNESCO since 1984 with the long-term view that the U.S. would one day rejoin
    the organization.

    Administrative Bodies:
        UNESCO is the United Nations Education Scientific and Cultural
    Organization. Heritage issues generally fall under the jurisdiction of UNESCO.
        ICOMOS (International Council on Monuments and Sites - a division of
    UNESCO) Charter for the Protection and Management of the Archaeological
    Heritage, 1990.
        ICAHM (ICOMOS International Committee on Archaeological Heritage
    Management) Charter includes a discussion of maritime archaeology issues.
        ICOM is the International Council on Museums.  There is an ICOM Code of
    Professional Ethics regarding collecting policy for museums and other issues.
    Sections 3.1 and 3.2 of this Code concern the collecting policies of museums.
        ICMM is the International Congress of Maritime Museums. The ICMM has
    323 members in 37 countries and is the peak international organization
    representing maritime museums. There is an ICMM Code of Ethics regarding
    collecting policy for museums and other issues. The current President of ICMM

    1                                    ~~~~~~~~~~~~~~1

    is Richard Foster, Director of the National Museums and Galleries in
    Merseyside, Liverpool, England. The Underwater Archaeology Sub-Committee
    was formed in 1987 and is chaired by Graeme Henderson, Head of the Division of
    Human Studies at the Western Australia Museum, in Perth. The Committee
    recently completed an international survey of existing museum acquisition
    practices as they apply to underwater cultural material; and the setting of ICMM
    official policy on such acquisitions. ("The Acquisition of Objects from Underwater
    Archaeological Sites: Draft Policy Statement and Report of the Sub-Committee on
    Maritime Archaeology to the ICMM", 28 December 1990).
       On 10 September 1993, the ICMM announced its adoption of new standards
    encompassing the exploration of underwater cultural sites and the acquisition,
    preservation and exhibition of artifacts recovered from shipwrecks and other
    sites. This new Policy is a powerful tool for the protection of underwater sites.

        CAMM is the Council of American Maritime Museums, a subgroup of
    ICMM. CAMM policy states that member museums should "... not knowingly
    acquire or exhibit artifacts which have been stolen, illegally exported from their
    country of origin, illegally salvaged or removed from commercially exploited
    archaeological or historic sites in recent times" (i.e., since the 1990 full congress
    of ICMM).

    Conventions, Conferences, Resolutions:

       The Geneva Convention on the Continental Shelf Article 2(1), 1958 makes
    some references to submerged cultural resources.

       The Resolution of the First International Congress of Maritime Museums of
    the Atlantic Basin concerned submerged cultural resources issues. This
    Conference took place in London in October 1972.

       The UN Convention for the Protection of the World Cultural and Natural
    Heritage (World Heritage Convention), 1972 was a result of the UNESCO
    Recommendations Concerning the Protection, at National Level, of the Cultural
    and Natural Heritage, Paris, 1972. The ICOMOS Underwater Cultural Heritage
    Committee is presently investigating the possibility of using the Convention as a
    further tool to protect the underwater cultural heritage and to develop a
    Convention on the Underwater Cultural Heritage. At present there are no
    underwater sites on the World Heritage list.

       The International Committee on Underwater Cultural Heritage was created
    by ICOMOS to promote international cooperation in the identification, protection,
    conservation of underwater cultural heritage sites, and to advise ICOMOS on the
    development and implementation of programs in this field. The committee is
    based at the Western Australian Maritime Museum and is chaired by Dr.
    Graeme Henderson. The Committee has representatives from sixteen countries,
    including the USA. One of its present tasks is the development of the Convention
    on the Underwater Cultural Heritage. This would be an "underwater" parallel
    the existing World Heritage Convention.

       The Resolution of the Stavenger Maritime Museum Conference concerned

                                        2

    submerged cultural resources issues. This Conference took place in Stavenger
    Norway in March 1973.

       The San Salvador Convention on the Protection of the Archaeological,
    Historical and Artistic Heritage, 1978 is a Treaty adhered to by members of the
    Organization of American States, including the USA.

       The Council of Europe, Report on The Underwater Cultural Heritage was
    produced by the Committee on Culture and Education in Strasbourg in 1978. The
    report attempted to address a wide range of issues concerning submerged
    cultural resources.

       The UN Convention on the Law of the Sea (UNCLOS), 1982 makes some
    reference to the duty of countries to protect archaeological objects found at sea and
    in their territorial waters.

       The Council of Europe, Draft Convention on the Underwater Cultural
    Heritage, 1985 was a result of the 1978 report. Although the Draft Convention was
    developed by most European nations it was never adopted by the Council of Europe
    mainly due to perceived problems of national sovereignty.

       The European Convention on the Protection of the Archaeological Heritage
    (revised), European Treaty Series 143, was adopted at Valletta Italy, 1992. This
    revision of the Convention was a result of the Third European Conference of
    Ministers responsible for the cultural heritage, held at Malta, January 16-17,
    1992. This convention has been revised several times since its inception in 1969.
    In the recent amendments, special attention has been given to the issues of the
    protection of submerged cultural resources. ICOMOS are presently working on a
    Charter of good underwater archaeological practice to serve as an annex to the
    draft Convention.
       The Draft International Convention on the Underwater Cultural Heritage is
    presently being developed by the International Committee on Cultural Heritage
    Law of the International Law Association (ILA) for submission to the general
    conference of UNESCO in 1994 or 1995. This Convention aims to provide at least a
    minimum of protection for the underwater cultural heritage situated beyond the
    territorial sea of the States' party to the Convention.

    I       ~~sources:
             Alexander, Bruce E.
             1989   Treasure Salvage Beyond the Territorial Sea: An Assessment and
                     Recommendations. Journal of Maritime Law and Commerce 20(1):1-19.

             Blake, Janet
             1994    Correspondence from, Programme Advisor, Council of Europe, March
                     30, 1994, September 20, 1994, regarding recent, and on-going,
                     developments in international submerged cultural resources protection
                     legislation.

             Collins, Scott E.
             1989   Managing Historic Shipwrecks in the United States. Coastal
                     Management 17(4):309-322.

             Council of Europe
             1978   The Underwater Cultural Heritage. Report of the Committee on Culture
                     and Education, Strasbourg.

             Council of Europe
             1992   The European Convention on the Protection of the Archaeological
                     Heritage (revised). European Treaty Series 143.

             Council of Europe
             1992   Third European Conference of Ministers responsible for the cultural
                     heritage, Malta, January 16-17, 1992.

             Henderson, Graeme J.
             1e86 Maritime Archaeology in Australia. University of Western Australia
                     Press, Nedlands.

             1994   Current International Initiatives in Protecting Underwater Cultural
                     Resources. Unpublished paper on the ICMM policy.

             Johnston, P.F.
             1993   Treasure Salvage, Archaeological Ethics and Maritime Museums.
                     International Journal of Nautical Archaeology 22(1):53-60.

             Langley, Susan B.M. and Richard W. Unger
             1984   Nautical Archaeology: Progress and Public Responsibility. B.A.R.
                     International Series 220. B.A.R., Oxford.
             Nelson, Robert H.
             1989   Guiding the Ocean Search Process: Applying Public Land Experience to
                     the Design of Leasing and Permitting Systems for Ocean Mining and
                     Ocean Shipwrecks. Ocean Development and International Law 20(6):577-
                     600.

             O'Connell, D.P.

                                                4

    1984   Salvage. In The International Law of the Sea. Volume Iio Clarendon
           Press, Oxford.
    O'Keefe, P.J. and Prott, L.V.
    1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
           Professional Books, Ltd., Abingdon, Oxon, England.

    Runyan, Timothy J.
    1990   Shipwreck Legislation and the Preservation of Submerged Artifacts. Case
           Western Reserve Journal of International Law 22(1):31-45.

    UNESCO
    1981   Protection of the Underwater Heritage. UNESCO, Paris.

                                       5

       There have been several list of heritage laws of nations compiled in the past.
    Some of the most significant of these are:

    Council of Europe
    1978   The Underwater Cultural Heritage. Report of the Committee on Culture
           and Education, Strasbourg.
    [Appendix III, "Analysis of Legislation in Individual Countries" was written by
    P.J. O'Keefe, and L.V. Prott.]

    O'Keefe, P.J. and Prott, L.V.
    1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
           Professional Books, Ltd., Abingdon, Oxon, England.
    [Appendix I is a list of national heritage legislation, but it isn't specific to
    submerged cultural resources. The authors are reportedly updating their
    information, however, it wasn't able for this coastal zone management project.]

    UNESCO
    1981   Protection of the Underwater Heritage. UNESCO, Paris.
    [The Chapter, "Law and the Underwater Heritage" was written by P.J. O'Keefe,
    and L.V. Prott.]

       Although the coastal zone management project attempted to update the lists
    from all the above sources and others, especially for laws pertaining to submerged
    cultural resources, it was decided not to include the lists in these appendices as
    these would be incomplete.

                                        6

                             DISCUSSION OF LAWS, RULES, AND
                              MANAGEMENT STRATEGIES FOR
       3                   ~~~SUBMERGED CULTURAL RESOURCES
                                  OF SELECTED COUNTRIES.

                 The assessment of the current state of submerged cultural resource
              management both in the United States and abroad was an important stage in
    3         ~~preparing a management plan for Florida's underwater cultural resources.
              Management of submerged cultural resources has changed drastically over the
              past decade, and it was hoped that an overview of current laws and rules would
              allow Florida to take advantage of the latest and most creative initiatives.
                 Given the tremendous amount of material, it was necessary to make certain
              decisions regarding what types of data would be solicited, and from where.
    I,      ~ ~Generally, research focused on those issues which reflect circumstances in
              Florida. Information was extracted from various publications relating to
              submerged cultural resources management, supplemented with several over the
              phone interviews with appropriate agency officials or other knowledgeable

    I            ~~~The information was organized in the table in Appendix One so that an
              overview of the states' programs could be available at a glance. Using this
              comparative method, those programs could be identified which might possibly be
    I       ~ ~relevant to Florida.  The programs which were considered worth summarizing
              are listed in the following pages.

            I~~~~~~~~~~~~~

    I       ~AUSTRALIA
             laws and Rules:
     I          ~~~Australia is notable among the international community for having taken
             very strong action to protect its submerged cultural resources. In 1972 Australia
               ad the Netherlands signed The Agreement Between the Netherlands and
    'a      ~~Australia Concerning Old Dutch Shipwrecks, 1972. This Act recognized the
             importance of protecting the extensive numbers of Dutch ships which were
    .1      ~~wrecked on the western coast of Australia since the 17th Century.
                 In 1976, The Australian Commonwealth government passed the Historic
             Shipwrecks Act, 1976. The Act was amended in 1980. One of the requirements of
    I      ~ ~the law is that persons are obligated to notify the Commonwealth Minister for the
             Arts and Administrative Services if. 1) they have found the remains of any ship or
             an article associated with a ships in waters under Commonwealth jurisdiction;
    �      ~ ~and 2) if they have come into possession, custody, or control of an article from a
             shipwreck or associated with a ship which has been declared historic under the
             Act. Persons may dive on a site so long as their activities do not disturb the
    3       ~~material remains of the wreck and the vicinity of the wreck.
                 There have been several significant amendments to the Historic Shipwrecks
             Act since 1980. Following extensive discussions between the State Governments
             and the Federal Government the Act was amended in February 1993 such that
             protection was afforded to all shipwrecks sites at least 50 years old. Prior to this
             time each site had to be formally declared as protected by the Minister. On April
             1, 1993 the protection of shipwrecks and articles under Commonwealth
             jurisdiction was expanded from 153 specific wreck sites to include all wrecks or
             associated articles in Australian waters 75 years old or older. As a result a period
             of "amnesty" was granted from May 1, 1993 to March 31, 1994, whereby persons
             with information on the location of shipwrecks or in the possession of artifacts
             from shipwrecks in Australian waters could come forward to give information
             without fear of prosecution.
                 Certain administrative powers affecting wrecks in Australian waters have
    I      ~ ~~been delegated to the relevant authority of the adjacent state or territory (the
             delegate). There are delegates for Queensland, New South Wales, Victoria,
             Tasmania, South Australia, Western Australia, and the Northern Territory.
             Shipwrecks located in State and Northern Territory waters are also protected
             under their laws and rules. The delegate for Western Australia, for example, is
             the Western Australia Maritime Museum, which is probably the most active
             organization involved with submerged cultural resources management in the
             country.
                 The Commonwealth Government assists State and Territorial Governments
    I     ~     ~with initiatives such as The National Historic Shipwrecks Program which has
             four major objectives: 1) to conserve and protect historic shipwreck sites and
             associated material as a cultural resource of the nation; 2) to develop a
             comprehensive register of historic shipwrecks and associated material; 3) to
             obtain the support of an informed public for historic shipwrecks as a cultural
             3                                  ~~~~~~~~~~~~8

              resource; 4) to promote the commitment by government authorities to the
    I        ~~~protection and preservation of historic shipwrecks and associated material.

    I        ~~~Submerged Cultural Resources MaaeetPlans and Strategies:
                  The Western Australia Maritime Museum has an active shipwreck research
              program. They have located, surveyed and excavated a number of shipwrecks
    a      ~    ~along the western coast of Australia. Since 1980 they have developed "wreck
              trails" or "underwater display cases" as a means of bringing historic wrecks to
              the public and preserving them. They have also produced brochures and maps
    I       ~ ~~for sport divers. The hull of the wreck of the Batavia (1629), a Dutch East India
              Company merchantman, has been systematically excavated by the Museum since
              the 1970s. An entire gallery of the Museum has been devoted to displaying and
              interpreting this vessel. During the Batavia archaeological project, a large
              amount of building materials that the ship had been carrying were recovered
              during excavations by the Museum. The building materials have now been
    5        ~~~reassembled as part of the exhibit and are on display with other artifacts
              recovered from the Batavia. Since the early 1990s the Institute of Maritime
              Archaeology at the Western Australia Museum has been developing a National
    3        ~~Shipwreck Database with a grant from the Federal Government Department of
              Arts, Sport, the Environment and Trade. One of the goals of the project is to
              enable modem access to the Database by each State.
     I           ~~~~The Maritime Archaeology Section of the Queensland Museum is als o very
              active. The Museum has conducted extensive surveys of the outer Great Barrier
              Reef in the Raine Island area. Perhaps the Museum's most significant and well
    I       ~ ~known project since the early 1980s has been the excavation of the HMS Pandora
              (1791). The Pandora was transporting some mutineers from HMS Bounty who
              had been captured in the Fiji Islands. The Pandora was enroute to England to
    I       ~ ~have these men tried when she sank. The Queensland Museum has conducted
              the Pandora excavation project using both professionals and amateurs. The sport
              diving community was encouraged to participate and has been actively involved.
                  One relatively unique mechanism used to protect a threatened shipwreck at
              the State level in Australia occurred in 1977 when the State of Tasmania declared
    I       ~ ~~a historic shipwreck site, the Sydney Cove (1797), a conservation area and state
              reserve under the terms of the National Parks and Wildlife Act, 1970. The site
              had been discovered in 1977 and was facing threat of looting by sport divers. In
    I       ~ ~~1991 a program of systematic excavation of the Sydney Cove site was begun by the
              Tasmanian Department of Parks, Wildlife and Heritage.

              SoUrCes:
              Australia Department of the Arts and Administrative Services
      I            ~ ~~~~Historic Shipwrecks: Public Access Guidelines.

              Council of Europe
    I         197~8  The Underwater Cultural Heritage. Report of the Committee on Culture
                      and Education, Strasbourg.
             1                                  ~~~~~~~~~~~9

    Gesner, P.
    1992   Notes: Raine Island Area Shipwrecks Programme (Great Barrier Reef)
           HMS Pandora (1791). International Journal of Nautical Archaeology
           21(3):269-270. Academic Press for The Nautical Archaeology Society,
           London.

    Henderson, Graeme J.
    1986    Maritime Archaeology in Australia. University of Western Australia
           Press, Nedlands.

    Anonymous
    1981   Notes and News: Maritime Archaeology and Legislation in Western
           Australia. International Journal of Nautical Archaeology 10(2):145-149.

    1991   News: Australia. International Journal of Nautical Archaeology
           20(3)255-257.

    O'Keefe, Patrick J.
    1978   Notes and News: Maritime Archaeology and Salvage Laws. Some
           Comments Following Robinson Versus the Western Australian Museum.
           International Journal of Nautical Archaeology 7(1):3-7.

    O'Keefe, P.J. and Prott, L.V.
    1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
           Professional Books, Ltd., Abingdon, Oxon, England.

    UNESCO
    1981 Protection of the Underwater Heritage. UNESCO, Paris.

    Western Australia Maritime Museum
    1993a Wrecks in the Houtman Abrolhos. Western Australia Maritime
           Museum, Perth.

    1993b  The Mandurah Wreck Trail (pamphlet). Western Australia Maritime
           Museum, Perth.

                                      10

    3        ~CANADA

    I        ~~Federal laws and Rules:
                  As part of the British Commonwealth, Canada has developed the system of
              managing shipwrecks through the Ministry of Transport acting through the
    I       ~ ~Receiver of Wreck. The Canada Shipping Act is the principal federal law
              governing submerged cultural resources. The Act is administered by the
              Canadian Coast Guard for the Ministry of Transport. According to the terms of
    I       ~ ~~the Act, any object recovered from a shipwreck must be turned over to the
              Receiver of Wreck until ownership can be determined. There are large fines for
              failing to do so. Wrecks of known historic or archaeological value are singled out
    S       ~ ~~as types of sites which should not be disturbed. In 1981, the Maritime Code,
              which has provisions for protecting historic shipwrecks, replaced the Canada
              Shipping Act. The Code limits or prohibits commercial salvage in sensitive
    I       ~ ~~areas. The Code enables the designation of historic districts or areas underwater.
              A good example of the application of this has been in Louisbourg Harbour (see a
              discussion below). Only historic shipwrecks are protected by the Code. No other
    3        ~~submerged cultural resources are covered.
                  The issues of the management of submerged cultural resources nationally in
              Canada came to the forefront in 1965 with the location by sport divers of the wreck
              of Le Chameau (1725), a French transport ship that sank off the coast of Cape
              Breton Island, Nova Scotia near Louisbourg with payroll for French troops on
              board. The divers partially salvaged the wreck and found about $700,000 in gold
              coins. Before the salvor, Alex Storm, recovered the coins the Federal
              Government had given him "ministerial exemption" from any claim the Federal
              Government might have had to the wreck. The reason for this somewhat
    I       ~ ~unusual action was that divers had been exploring the remains of Le Chameau
              since the late 1950s and nothing had been found. The Federal Government
    5        ~~~therefore assumed that the payroll did not exist and subsequently gave Storm
               Iarte blanche' to the wreck. After Storm found the gold coins in 1965, five years of
              litigation between Storm and the Federal Government ensued. Finally 25% of the
              treasure was awarded to earlier partners of Storm. At this time there were no
    1       ~ ~~provincial laws in Nova Scotia which could govern the activities of the salvors.
              Their finds and subsequent salvage work on the wreck site attracted extensive
              national media coverage. This incident was one factor which led to the
              development of Nova Scotia's laws regarding heritage protection.

    3        ~~Canadian Park Service, Marine Archaeology Unit:
                  In the early 1960s the Canadian Federal government, acting through the
    5        ~~~Canadian Park Service, Department of the Environment, initiated one of the
              world's largest historical reconstruction projects at the site of Louisbourg on Cape
              Breton Island. The city had been established in the 1720s as a naval base and
              trading port for the French in the New World. The entire city was destroyed by a
              large British naval force in 1759 during the Seven Years War. The Canadian
              Government's project at Louisbourg was part of a large scale public works project

             1                                   ~~~~~~~~~~~~~11

             to re-employ unemployed coal miners on Cape Breton Island, one of the more
    3       ~~impoverished regions of the country. A number of French ships had been sunk in
             Louisbourg in 1758 to prevent the British Navy from entering. As part of the
             Louisbourg project the Canadian Park Service decided to establish a Marine
             Archaeology Unit to explore these and other wrecks in federal waters. The Unit is
             almost directly analogous to the Submerged Cultural Resources Unit of the U.S.
             National Park Service based in Santa Fe New Mexico, which was established in
            1980. The submerged cultural resources of Louisbourg Harbour which were
             subsequently located by the Maxine Archaeology Unit were considered valuable
             and thus the Harbour was designated under the terms of the Maritime Code.
     I          ~~~Since its inception, the Marine Archaeology Unit has done scientific work in
             almost every Province and territory and assisted a number of amateur
             archaeological societies with their projects. The Unit has published extensively
    I      ~ ~and maintains a close working relationship with the Canadian Conservation
             Institute in Ottawa.
     3          ~~~One of the Unit's first major surveys took place from 1967 to 1969 on the wreck
             of the 18th Century French ship Le Machault, which was sunk by the British in
             Chaleur Bay in New Brunswick in 1760 during the Battle of the Restigouche
    I      ~ ~River. The Marine Archaeology Unit subsequently excavated the site from 1969 to
              1972. A Canadian Parks Service Interpretive Centre has been established at
             Pointe-a-la-Croix, Quebec near the site.

                 In the early 1970s the wreck of the Auguste (1761) was found off Dingwall,
             Nova Scotia by some of the same Nova Scotia divers who had earlier found Le
             Chameau. The salvors reported the location of the site to the Receiver of Wreck
             and it was assigned status as an historical wreck by the Federal Maritime
             Division in 1973. In 1977-1978 the Parks Canada Marine Archaeology Unit
             worked with the Nova Scotia divers in excavating the site during the period to
             ensure that the mxumarchaeological information was obtained from the site.
             This project was a good example of the early cooperation of the Federal
    5       ~~government with sport divers.

                 One of the most important projects conducted by the unit has been the
             excavation of one or more mid-16th Century Basque whaling vessels which sank
    I      ~~at the Basque whaling station in Red Bay Labrador. The project attracted
             international intention as it was evidence that Europeans had been living and
             working in North America early in the 16th century. This underwater excavation
    I      ~~project began in 1978 and continued through 1985. The entire hull of the Basque
             whaler San Juan (1565) was excavated and has since been conserved and
             reconstructed as part of a major exhibit on the finds at Red Bay at the Canadian
    I      ~ ~Museum of Civilization which opened in 1988 in Ottawa.

    5       ~~Canadian Park Service, National Marine Parks:
                 Beginning in the late 1970s the Canadian Park Service initiated a long-te rm
             plan to develop a series of national marine parks (similar to NOAA's National
             Marine Sanctuaries). In 1979 the Canadian Park Service began developing its
             first marine park model. They recognized that although there were complex

             1                                  ~~~~~~~~~~~~~12

              federal/provincial and other jurisdictional problems associated with establishing
    I        ~~marine parks, a long-term program of establishing such parks should be
              initiated. Cooperative arrangements with appropriate governments were
              envisioned as the primary means of managing natural and cultural resources in
              the parks. In 1983 the first National Marine Parks Draft Policy was produced.
              The plan includes a section on preserving and interpreting historical and
              cultural resources. Red Bay, Labrador is one of the sites which is presently being
    �        ~~evaluated for designation as a National Marine Park.
                  In 1987, the Canadian government finalized an agreement with the Province
              of Ontario to obtain title to Fathom Five Provincial Park, located at Tobermory,
    I       ~ ~Ontario on Lake Huron, thereby establishing Canada's first National Marine
              Park, (renamed Fathom Five National Marine Park). Fathom Five had been
              established in 1972 by the Province of Ontario primarily to protect the numerous
    I       ~ ~~19th and 20th Century shipwrecks found in the park (at least twenty one or more).
              Responsibility for the operation of the park was assigned to the Ontario Ministry of
              Natural Resources who is the agency responsible for the management of parks.
    I       ~ ~Since the establishment of Fathom Five, Park staff have conducted numerous
              scientific studies on the Park's shipwrecks. A number of sites have been surveyed
              and mapped by diving teams. A number of previously unknown wrecks have been
    U        ~~discovered and subsequently surveyed by Park diving teams.
                  Fathom Five has become an important dive destination, especially for
              American divers from the Great Lakes states. The local economy has benefited
              greatly from "cultural dive tourism." As part of the management plan all divers
              must register with the park prior to diving and are issued a number tag which
              they must attach to their equipment so the tag is visible at all times. Several dive
              charter boats, and glass bottom boats for non-divers, operate under licence with
              the Park. Park ranger patrol boats routinely check diving boats for violations and
              to provide various kinds of information and assistance. A system of mooring
    I       ~ ~~buoys is located at each of the shipwreck sites and is maintained by the Park.
              Divers are prohibited from tampering with any natural or archaeological
              resources found above or below water in the park. There is an interpretive center
              and a hyperbaric chamber system. The hyperbaric chamber system located in the
              park has been responsible for saving many lives and minimizing injury in
              decompression diving accidents.
                  Important innovations in the physical strengthening of shipwreck hulls,
              which have shown signs of deterioration, have been made at Fathom Five.
    I       ~ ~Techniques for strengthening of shipwreck hulls have proven very successful at
              at least one site. Since the transfer of jurisdiction in 1987 of the Park from the
              Province of Ontario to the Federal Government, the Canadian Parks Service
              began developing a management plan for Fathom Five. They have encouraged
              input by the public, and have taken the needs of the local residents into
              consideration. The Canadian Park Service has detailed policies on the
              management of natural and cultural resources found in all terrestrial and
              marine parks, including the protection of shipwrecks.
                  Beginning in 1988, the Canadian Federal Government has been drafting
              legislation to protect all types of archaeological resources found on federal lands
              and under federal waters. The Liberal Government elected in the fall of 1993, has

             1                                   ~~~~~~~~~~~~~~13

             formed a new Department of National Heritage to asume the mandates of several
             other previously existing federal departments. It will be some time before all the
             implications of this action are clear.

    I        ~~Provincial Laws and Rules:
                 Similar to the U.S.A., Canada has divided its jurisdictions into those which
             are federal and those which are provincial. Under the terms of the British North
             American Act (B.N.A. Act) of 1867, which established Canada as a sovereign
             nation within the British Commonwealth, the ton provinces were assigned
    I      ~ ~jurisdiction over all their bottom lands. Jurisdiction for waters above the*
              submerged lands was retained by the Federal Government. Each of Canada's ten
             provinces and two territories'has enacted some type of heritage laws and rules
    I       ~ ~similar to the antiquities acts of U.S. States. The six most important provinces
             which merit further discussion are Newfoundland, Nova Scotia, Quebec, Ontario,
             Alberta and British Columbia (listed geographically from east to west). Each
              shall be considered here briefly.

    3        ~~Newfoundland:
                 The province has enacted the Historic Objects, Sites and Records Act (Revised
              Statutes of Newfoundland 1979 Chapter 46), which makes specific provision for
    S      ~ ~the protection of underwater sites.
                 In 1977, an amateur archaeology group, the Newfoundland Marine
             Archaeology Society (NMAS) was formed in response to the destructive salvage of
              HMS Sapphire a British warship sunk in 1696 in Bay Bulls. Since their
              formation the NMAS has developed a close working relationship with the
    5        ~~Provincial Government. Under a special federal/provincial agreement The Parks
              Canada Marine Archaeology unit subsequently assisted the NMAS in excavating
              the HMS Sapphire. Since their formation the NMAS has conducted surveys in
              many parts of the Province and excavated a number of historic shipwreck sites
    I      ~ ~~under license, in one instance at the special invitation of the Provincial
              Government (1983).

              Nova Scotia:.
                 In 1980 the Province enacted the Special Places Protection Act (Chapter 438 of
    I       ~ ~the Revised Statutes, 1989, as amended 1990, C. 45). It is administered by the
              Curator of Special Places at the Nova Scotia Museum of Natural History. The
              Museum is the official repository for the Province. All archaeological and
    3      ~ ~historical remains are protected under this act including shipwrecks and other
              submerged cultural resources. Under the terms of the Act a person must obtain a
              "Heritage Research Permit" issued by the Nova Scotia Museum before disturbing
    I       ~ ~any place where historical artifacts are found, including underwater sites.
              Applicants must demonstrate a level of skill in archaeology.
     3           ~~~The Province also has the Treasure Trove Act (Chapter T-18, cited as
              R.S.N.S., 1967, Chapter 314) which has some relevance to submerged cultural
              resources. Under the terms of the Act a person must obtain a "Treasure Trove"

                                                  14

              licence issued by the Provincial Department of Mines and Energy. A person
              holding such a license is still bound by the Special Places Protection Act. There
              are no underwater preserves in Nova Scotia.
                  The Provincial Department of Education has produced a brochure entitled
              Protecting Nova Scotia's Shipwrecks: Special Places, which explains the Special
              Places Protection Act, Treasure Trove Act, and Canada Shipping Act.
     I           ~~~In 1979 an active amateur underwater archaeology group, the Underwater
              Archaeology Society of Nova Scotia (UASNS) was formed. It was partially
              modeled on the NMAS in Newfoundland. The UASNS have conducted a number
    I       ~ ~of major underwater surveys along Nova Scotia's coasts and in inland lakes. One
              of their major survey and excavations has been on the Terence Bay Wreck, found
    3        ~~near Terence Bay, Nova Scotia.

     3           ~~~The Quebec Ministry of Cultural Property has often extrapolated from the
              Quebec Cultural Property Act in order to protect cultural remains that are found
    -~~~      underwater in the Province. Quebec also has Law 969, which is based on
    3        ~~environmental impact studies that must be made prior to any construction on
              land or underwater.
                  In 1978 the Committee of Underwater Archaeology and History of Quebec was
    I      ~ ~formed. As in Newfoundland and Nova Scotia this amateur underwater
              archaeology society has been an important force in studying and protecting that
              Province's underwater cultural heritage. The Committee work closely with the
              Quebec Ministry of Cultural Property.

                  The principal law addressing marine heritage is the Ontario Heritage Act.
              The Act includes protection for historic shipwrecks in Provincial waters. A
    I       ~ ~~revised Ontario Heritage Act is anticipated in 1994 or 1995. The proposed changes
              to the Act includes provisions which will strengthen the Province's control over
              historic shipwrecks. Shipwrecks will be a classified type of site. The Privince also
    I       ~ ~~has the Beds of Navigable Waters Act. The Ontario Ministry of Citizenship and
              Culture, the agency responsible for archaeology, has a marine heritage unit
              based in Ottawa. The Ministry has a small field team which works throughout
    I       ~ ~~the Province. This unit works closely on field projects with ailateur sport diving
              groups in Ontario, principally Save Ontario Ships (SOS) and Protect Ontario
              Wrecks (POW). The Ministry also assists amateur groups in obtaining grants for
              research work and in shipwreck conservation promotional activities.
                  The Province also funds the Ontario Underwater Council (OUC) as part of the
    I        ~~~Province's overall package of sports. The OUC provides a variety of services for
              Ontario's sport diving population. The OUC promotes a strong conservation ethic
              as regards both natural and cultural underwater resources.
     I             ~~~~Perhaps some of the most unique submerged cultural resources to be found
              anywhere in the world are the remains of the schooners Hamilton and Scourge.

                                                  15

             These two vessels of the U.S. Navy sank during a storm in 1813 in Lake Ontario
             during the War of 1812 between the U.S. and Great Britain. The schooners now
             lie in pristine condition in over 300 feet of water in Canadian (Ontario) waters.
             They were rediscovered in the early 1970s using remote technology. A complex
             series of negotiations then ensued between the U.S. Navy (acting through
             Congress), the Canadian Federal Government and the Province of Ontario. The
             U.S. Navy has now transferred official title of these vessels to the City of Hamilton,
             Ontario (the closest major city to the present site). Should they be raised at some
    I      ~ ~point in the future, the remains of the crew would be transferred to the U.S. for
             official burial as military personnel.

             Alberta:
                 The principal law is the Alberta Historical Resources Act (1972, amended
    I      ~ ~1980) which covers all archaeological, paleontological, and natural objects found
             in the Province. The Alberta Underwater Archaeology Society was founded in the
              early 1980s and closely interacts with the provincial government and the Alberta
             Museum. The majority of their work has been done primarily in National Parks
             located in the Province. One important project has been the archaeological study
             of land to be flooded by the construction of the Oldman River Dam. There is a
    I      ~ ~proposal to study the effects of inundation on known sites. There have been no
             historical designations of underwater archaeological sites.

    I       ~~British Columbia:
                 The principal law is the British Columbia Heritage Conservation Act. There
             is presently proposed legislation which will create an amendment to the existing
             Act. In B.C., wreck sites have automatic protection under the law. Sites can be
              specifically designated by an Order-In-Council. The Provincial Heritage
              Department works closely with the Receiver of Wreck. A "heritage wreck" is one
              which is at least two years old. Thus far, eight shipwrecks have been designated
              as heritage sites through the mechanism of designating them under Order-in-
    3       ~~Council.
                 The Underwater Archaeology Society of British Columbia (UASBC) was
              formed in 1975 and has been very active since that time. They have been involved
    I      ~ ~in lobbying for designations for historic wreck sites, survey, excavation, placing
              plaques on wrecks, and in the establishment of at least four artificial reefs (to
    3       ~~~date) for sport diving attractions.
                 Tourism is- an important industry in British Columbia and the province is
              extremely interested in the tourist benefits of underwater archaeological
    I      ~ ~preserves and artificial reefs. For this reason, they are considering
              implementing a program of markers and mooring buoys. In February 1986, a
              resource management policy analysis for the management of submerged cultural
    I      ~ ~resources was submitted by the Ministry of Small' Business, Tourism and
              Culture, Heritage Conservation Branch, of the B.C. government. The document
              has been partially revised since that time but it hasn't been officially
              implemented. An important discussion paper on underwater parks for B.C. was
              written by the Planning and Design Branch of the Parks and Outdoor Recreation

             1                                  ~~~~~~~~~~~~~16

             Division in 1980. Shipwreck parks were included as one category of underwater
             park.

    *        Soune&

             Council of Europe
             1978   The Underwater Cultural Heritage. Report of the Committee on Culture
                    and Education, Strasbourg.

             Doreschenko, Dena
             1994   Personal Communication, Archaeologist, Ontario Heritage
                    Foundation, March 2.

             Englebert, Peter
             1994   Personal Communication, Marine Archaeologist, Marine Heritage
                    Office, Ontario Ministry of Culture and Communications, March 2.

             Environment Canada, Canadian Parks Service
                    Fathom Five National Marine Park, Draft Management Plan.

             Environment Canada
             1988 Fathom Five National Marine Park, Interim Management Guidelines.
                    Canadian Parks Service.
             Environment Canada, Canadian Parks Service.
                    Canadian Parks Service: Proposed Policy.

             Environment Canada, Canadian Parks Service.
                    National Marine Parks Policy: Summary.

             O'Keefe, P.J. and Prott, L.V.
             1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
                    Professional Books, Ltd., Abingdon, Oxon, England.
             Ronaghan, Brian
             1994   Personal Communication, Eastern Slopes Archaeologist
                    Edmonton Provincial Museum, March 3.

             Huot, Bill
             1994   Personal Communication, British Columbia, Ministry of Small
                    Business, Tourism and Culture, Culture and Historic Resources,
                    Heritage Conservation Branch, March 3.

             Lockery, Andrew
             1985   Marine Archaeology and the Diver.  Atlantis Publishing, Toronto.

             Ogelvie, Bob
             1994   Personal Communication, Curator of Special Places, Nova Scotia
                    Museum of Natural History, March 2.

                                               17

    Runyan, Timothy J.
    1990   Shipwreck Legislation and the Preservation of Submerged Artifacts. Case
           Western Reserve Journal of International Law 22(1):31-45.

    UNESCO
    1981    Protection of the Underwater Heritage. UNESCO, Paris.

    Stevens, Willis
    1994   Personal Communication, Archaeologist, Canadian Parks Service,
           March 30.

                                       18

    3         UINITED KINGDOM

    I        ~~Laws and Rules and MaaeetStrategies:
                  The Protection of Wrecks Act, (1973), a national law, is the only statutory law
              specifically designed for the protection of wrecks of historical importance in the
              United Kingdom. The Act was passed to attempt to solve the shortcomings of
              using the Merchant Shipping Act, (1894), which did not anticipate questions of
              submerged cultural resources protection. The Act is administered by the
    I       ~ ~Secretary of State. Under British law, shipwrecks WIl under the jurisdiction of
              the Department of Transport through the Receiver of Wreck system (similar to
              other British Commonwealth countries). The law of salvage is administered by
    I       ~ ~~the Admiralty Division of the High Court. With the passage of the Protection of
              Wrecks Act, (1973) the issue of historic shipwrecks was effectively removed from
              general maritime law.
                  An important requirement of The Protection of Wrecks Act is that the
              Secretary of State must consult with knowledgeable persons prior to making any
    I        ~~Orders. This led to the formation of an Advisory Committee (sometimes referred
              to as the 'Runciman Committee' after its first chairman). The Committee's role
              has evolved and they now perform the following roles: (1) determine the
              importance or eligibility of wrecks proposed for designation as historic sites; (2)
              determine the suitability of applicants for archaeological research licenses; (3) set
              standards for archaeological work carried out on sites; (4) review the reports filed
              by licence holders; (5) determine the state of designated sites; and (6) make
              Designation Orders in emergencies to protect sites.
     3           ~~~Beginning in 1986 the Committee developed the skills to form its own
              Archaeological Diving Unit to investigate sites. The Unit, which is funded by the
              Department of Transport, carries out a program of visits to designated sites and
              sites proposed for designation, and gathers information from licence holders to
    I       ~ ~assist the Transport Marine Directorate and the Advisory committee to make
              decisions. The Unit also provides an educational function by providing advice to
              license holders. The Advisory Committee has been successful in getting the
    U       ~ ~~general public and sport divers to protect the underwater cultural heritage
              through consent and education as opposed to coercion. The Committee has also
              published a book entitled Guidelines for Acceptable Standards in Underwater
    I       ~ ~Archaeology. -This book has been readily accepted by the sport diving community.
              The Nautical Archaeology Society, an amateur body which provides training and
              sets standards for sport divers, works closely with the Committee.
                  On the advice of the Advisory Committee, The Secretary of State has
              designated more than 30 wrecks as historic sites since 1973. These sites range in
              from the Bronze Age (1100 B.C.) to the 19th Century AD.
                  The National Monuments Record, which contains about 150,000 records of
              antiquities in the U.K., holds records on about 180 sites which could be considered
              maritime. Since the late 1980s there has been ongoing discussion as to the

             I~~~~~~~~~~~~~1

              prospect of extending the record to national maritime sites in the sea. A National
    3        ~~Maritime Monuments Record has been proposed.
                  One continuing problem not addressed by The Protection of Wrecks Act, 1973,
              is the dispos al of archaeological finds. At present the Advisory Committee has no
    I      ~ ~~authority in this matter, nor does it have any authority with the Receiver of
              Wreck, both of which are subject to the provisions of the Merchant Shipping Act,
              .1894.
                  In a review of the functioning of The Protection of Wrecks Act carried out in
              1988, one proposal was made to 'have the Archaeological Diving Unit turn over its
    I      ~ ~~role regarding the protecting of historic wrecks to the Department of the
              Environment, which is advised by English Heritage.

    I           ~~~In 1979 The Ancient Monuments and Archaeological Areas Act was passed.
              For the first time shipwrecks became eligible to be scheduled as ancient
              monuments. There is an Ancient Monuments Section of the Department of
    I      ~ ~Environment.
                  There have also been recent initiatives to protect underwater sites using the
    3        ~~mechanism of establishing marine reserves. The Royal Navy Base at Scapa Flow
              in Scotland where the Imperial German Navy scuttled its captured ships after
              World War I is treated as a preserve.
    I           ~~~Another important law is the Protection of Military Remains Act, (1986). This
              law was passed as a result of allegations that human remains had been disturbed
              during the recovery of gold bullion from the wreck of the HMS, Edinburgh (1942)
              during salvage operations on that site in 1981. The Act allows the Secretary of
              State to designate any British vessel or aircraft wrecked while engaged in military
              service on or after 4 August 1914 (the outbreak of World War One). One example
    I      ~ ~of this is the HMS Royal Oak, which sank at her dock at Scapa Flow in Scotland
              with large numbers of men onboard after being torpedoed by a German U-Boat in
              1939. No sport diving is permitted on the site. Every anniversary of her sinking
    I      ~ ~Royal Navy divers hoist the White Ensign underwater and a wreath is placed in
              the water over the site after a religious dedication. Similar protection and
              dedications are afforded the sites of HMS Repulse and HMS Prince of Wales
              which were sunk off the coast of Malaysia in 1941.

             I                                   ~~~~~~~~~~~~20

    3         ~~~ources:

             Council of Europe
             1978   The Underwater Cultural Heritage. Report of the Committee on Culture
                     and Education, Strasbourg.

             Dromgoole, Sarah and Nicholas Gaskell
             1993   Who Has the Right to Historic Wrecks and Wreckage. International
                     Journal of Cultural Property 2(2):217-273.

             Flinder, Alexander, and Sean McGrail
             1990   The United Kingdom Advisory Committee on Historic Wreck Sites.
                     International Journal of Nautical Archaeology 19(2):93-99.

             O'Keefe, P.J. and Prott, L.V.
             1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
                     Professional Books, Ltd., Abingdon, Oxon, England.

             UNESCO
             1981  Protection of the Underwater Heritage. UNESCO, Paris.

                                                21

                The following countries, while not considered in the forefront of submerged
              cultural resources management planning, nevertheless provide interesting and
              diverse examples of the treatment of underwater cultural resources.

              BAHAMAS
    I        ~~Laws and Rules
                  One of the most unique features of the Bahamas' system is that although a
              permit is required for salvage operations, no permission is required to search for
              shipwrecks. The Ministry of Transportation in Nassau, acting through the
              Receiver of Wreck, is the body which controls the issuing of scientific and
    I       ~ ~commercial salvage permits. This mechanism is similar to many other British
              Commonwealth countries and jurisdictions such as the United Kingdom,
              Canada, Australia, South Africa, and Bermuda. Salvage permits are valid for
    5        ~~~five years and are relatively easy to obtain. The permits are granted for an
              exclusive area, sometimes as large as 100 miles. The Salvor is entitled to retain
              75% of all finds. In some instances the salvors are asked to market the
              Government's 25% of artifacts or treasure and use the proceeds to pay the
              Government in cash for its share. Small, accidental, or incidental finds go under
              the "honor system". At one time in recent years the Bahamas Government
              offered $50 for every cannon or anchor located, thus contributing to the stripping
              of Wreck sites.
                  The new Government elected in 1993 has been reviewing submerged cultural
              resources legislation and is considering major changes. Recent initiatives are
              perhaps a reaction to commercial salvage efforts by companies such as the
              American based MAREX Inc. which located and salvaged the wreck of the
    I       ~ ~Spanish ship, Maravillas (1656), beginning in 1984. Under the terms of their
              agreement with the Bahamas, MAREX were legally able to raise -money for their
              project by selling artifacts from the site at Christies Auction House in London.
    I       ~ ~There have recently been a series of meetings on marine archaeology legislation
              for the Bahamas. As a result, laws governing wrecks and salvage will be likely be
              amended in the near future. It is anticipated that a bill will be passed possibly as
    I       ~ ~~early 1994. 'The new law will reportedly affect such ministries as: transport,
              fisheries, local government, finance, and treasury.

             U~~~~~~~~~~~~2

    Submerged Cultural Resources Management Plans and Strategies:

       Several nationalities of salvors have been "wrecking" (salvaging shipwrecks)s
    in the Bahamas since the Seventeenth century when Bermudan wreckers
    established bases throughout the Bahamas. Merchants from throughout the
    Caribbean eastern North America traveled to these bases to purchase goods
    salvaged from Spanish shipwrecks. Wrecking became an important part of the
    Bahamian economy. Major treasure finds were made beginning in the 1930s.
    With the advent of scuba diving in the 1950s a series of major historical and
    "treasure" wrecks were located and salvaged under license.

       The Bahamian Government has prosecuted divers for unauthorized removal
    of artifacts and salvage. Sport diving tourism has become an important industry.
    Beginning in the 1980s bonafide archaeological work has been conducted by
    organizations such the Institute of Nautical Archaeology (INA) located at Texas
    A&M University. The INA conducted archaeological work on several shipwrecks
    which had been previously salvaged in recent decades. The Bahamas
    Government has taken no initiatives to establish underwater archaeological
    shipwreck preserves.

    Sources:

    Council of Europe
    ._78   The Underwater Cultural Heritage. Report of the Committee on Culture
           and Education, Strasbourg.

    Marx, Robert F.
    1993   Ten Richest Unfound Wrecks of the Bahamas. Skin Diver. December pp.
           36-44.
    McDonald, Kendall and Jefferis, Roger
    1967   The Wreck Hunters. The Adventurers Club, London.

    O'Keefe, P.J. and Prott, L.V.
    1984   Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
           Professional Books, Ltd., Abingdon, Oxon, England.

    UNESCO
    1981   Protection of the Underwater Heritage. UNESCO, Paris.

                                      23

    3        ~SOUTH AFRICA
              Laws and Rules:
     I           ~~~The principal law is the National Monuments Act, 1979. The Act was
              amended in 1981 and 1986 to strengthen its provisions. The Act is administered by
              the South African National Monuments Council and the Department of
    I       ~ ~Archaeology. The main objectives of the National Monuments Council are to
              monitor the way in which the South African cultural heritage is managed, to
              protect that heritage, to promote conservation, and to co-ordinate all activities in
              connection with monuments and cultural treasures.

    3        ~~Submerged Cultural Resources Management Pluas and Strategies:
                  South Africa has been concerned with treasure shipwreck issues since the
              1960s, but its evolution of dealing with submerged cultural resource issues has
              been slow. Over the past 30 years, a number of historic shipwrecks have been
              salvaged, leading museums and archaeologists to repeatedly register their
    *        ~~concern with the national government. One result of this was the passage of the
              National Monuments Act in 1979.
                  In 1987, the Institute of Maritime Archaeology was established at the South
    I      ~ ~African Maritime Museum, Cape Town. The Institute has worked closely with
              the National Monuments Council. The Department of Archaeology at the
              University of Cape Town has also worked closely with the National Monuments
              Council. In 1988 a lecturer in maritime archaeology was appointed. This subject
              area has since been integrated into both the undergraduate and graduate
              curriculum. In 1990, the Department of Archaeology and the National
    I       ~ ~Monuments Council published as copy of their revised Instructions for
              Applicants for Historical Shipwreck Salvage Permits, in the International
              Journal of Nautical Archaeology. They invited comments and input from their
              colleagues.
     *           ~~~~Several specific submerged cultural resources projects in South Africa since
    U.       ~~the late 1980s deserve comment. In 1988, three sport divers reported finding the
              remains of the Oosterland (1697), a Dutch East India Company merchantman.
              This led to the first scientific excavation of a shipwreck in South Africa. The
    U       ~ ~partnership of the Department of Archaeology at the University of Cape Town, the
              National Monuments Council and the sport diving community proved to be highly
    *        ~~~successful.

                  A second noteworthy project was the survey and assessment of the waters
              surrounding Robben Island for submerged cultural resources. The Island was
              the location of South Africa's maximum security prison which formerly housed
              political prisoners, including Nelson Mandela. With the new political climate the
              last prisoner was released in 1991, and the prison closed. The scenic -island is
              now threatened with development. As a result the National Monuments Council
              conducted a historical survey on terrestrial archaeological sites and architectural
              structures. The underwater component, named Operation Sea Eagle, took place

            I                                   ~~~~~~~~~~~~24

              from February 1991 to May 1992, and included both archival work and field
              operations. Operation Sea Eagle was the first major project in South Africa
              devoted to studying the underwater cultural heritage. A proposal is now being
              considered to establish an underwater archaeological reserve around the island.
              Such a reserve would enhance the educational, recreational, cultural and
              scientific values of shipwreck sites. The development of a museum to house
              artifacts from both terrestrial and underwater sites is also under consideration.
              Such a museum would offer a holistic presentation of the island's history, natural
              environment and cultural remains.
                 There has been some recent efforts at establishing underwater archaeological
    I      ~ ~preserves by non-governmental organizations. Divers belonging to the Scylla
              Diving Club in the Kynsna are developing a preserve on the wreck of the Paquita
              (1895). The club sponsored the erection of information signs at a local marina.
    I       ~ ~~The signs also warned that the removal of artifacts from the site is illegal.
              Underwater trail maps for the site are available.
                 The recent political developments in South Africa have led the Government to
              consider the importance of preserving South Africa's underwater cultural
              heritage for the economic benefits of international diving tourism which could
    I      ~ ~~potentially grow now that international travel and trade sanctions against the
              country have been relaxed. The South African National Monuments Council
              recently completed an exchange program with the State of South Carolina. The
              head of South Carolina's Sport Diver Archaeology Program spent one year with
              the Council helping to establish a sport diver education program and shipwreck
              database. She helped organize workshops and certification courses. These
              courses were attended by members of the general public a well as local
              professionals, archaeologists and curators. Recreational pre-disturbance projects
              were initiated on several sites.

              Sounrem:
              Council of Europe
              1.978   The Underwater Cultural Heritage. Report of the Committee on Culture
                      and Education, Strasbourg.
              .O'Keefe, P.J. and Prott, L.V.
              1984    Law and the Cultural Heritage. Volume 1: Discovery and Excavation.
                      Professional Books, Ltd., Abingdon, Oxon, England.
              South Carolina Institute of Archaeology and Anthropology
              1994   "She's Back, Lynn Harris Returns from South Africa", pp. 1, 6, in The

              UNESCO
              1.981   Protection of the Underwater Heritage. UNESCO, Paris.
              Werz, Bruno
              1990   A Preliminary Step to Protect South Africa's Undersea Heritage. The
                     International Journal of Nautical Archaeology 19(4):335-337.

                                                  25

    1993a  South African Shipwrecks and Salvage: the Need for Improved
           Management. The International Journal of Nautical Archaeology.
           22(3):237-244.

    1993b  Shipwrecks of Robben Island, South Africa: An Exercise in Cultural
           Resource Management in the Underwater Environment. The
           International Journal of Nautical Archaeology. 22(3):245-256.

                                      26

    *        ~TURKEY
              Laws and Rules:
     I           ~~~Turkish antiquities laws make no distinction between terrestrial and
              submerged sites. Their antiquities laws are understood to cover both types of
              sites. In general, the government has established three types of preservation
    I      ~ ~zoning relating to archaeological and natural beauty. Zone 1, where no
              development whatsoever may take place, consists of ancient cities. Zone 2 refers
              to archaeologically significant areas where mild tourism and development is
    I      ~ ~allowed.  Zone 3 allows an even greater level of development. All decisions on
              where to build are subject to the review of local museums, of which there are
              about 150 in Turkey. These museums are government funded and staffed by
              archaeologists. They are also often at odds with municipalities over restrictions.
                  Cultural Heritage in Turkey is deemed the property of the people. Artifacts of
    I       ~ ~antiquity cannot be used for personal gain. The Turkish government is active in
              trying to prevent trade in antiquities. It will therefore purchase artifact
              discoveries made by villagers and the like. While these artifacts are usually
    I      ~ ~preserved in the local museum, this had the defacto effect of encouraging people
              to go out and find such things for money.
                  In order to conduct research one must apply for a government permit subject
    I      ~ ~~to the familiar restrictions of: having a research plan and the funds to carry it
              through. You must be "known" in your field and be backed by an institution, such
              as a university. It is also the duty of the excavator to conserve the artifacts, which
              are then turned over to the state. No reproductions may be made for commercial
              returns. The final report on archaeological projects must be filed within five
    *        ~~years of completing the fieldwork.

             I~~~~~~~~~~~~~2

    3        ~~Submerged Cultural Resources MaaeetPlans and Strategies:

                  Perhaps the most important aspect to underwater archaeological work in
              Turkey is the ongoing relationship between the government and the Institute of
              Nautical Archaeology (INA) at Texas A&M University. Since the early 1960s, a
              Crusader Castle located at the coastal town of Bodrum has been the home of an
              underwater archaeology museum for Turkey. Beginning in the 1970s the
              Museum became the headquarters for the INA which maintains a full-time staff
              and conducts extensive field research.

     I           ~~~Turkey has not established individual sites as underwater archaeological
              preserves. Rather, the government has placed restrictions on diving in certain
              areas. More specifically, beginning in about 1988 the government responded to
    I       ~ ~~pressure from the tourist industry to open up areas to sport diving. In
              conjunction with a Texas A&M University survey, certain areas were designated
              where recreational diving would be allowed (based on negative survey results).
    I       ~ ~~Before then, however, large areas of coastline, particularly in the South, were
              closed altogether. This was a result of restrictions placed during the 1974 war
              with Greece over Cyprus which were subsequently never lifted.
                  All diving must be conducted within designated areas. All foreigners must
              dive with a government licensed diver. Turkish nationals, however, are not so
    3        ~~~restricted. The purpose of this is to increase revues from diving tourists.
              Competition among dive shops for business has led them to offer the added
              attraction of being able to dive on wrecks without proper authorization. The
              Turkish government is very aware that most tourists visit to view historical and
              archaeological attractions. They have therefore placed a high value on trying to
              preserve sites. Most penalties consist of fines and confiscation of equipment. The
              Turks are also very sensitive about artifacts leaving the country and will often
              detain people at customs who are believed to be carrying antiquities. Often, a
              traveler so detained must wait until a representative from the local museum
    3        ~~~makes a determination on the age of an artifact.

             I                                    ~~~~~~~~~~~~28

    Sources:

    Council of Europe
    1978    The Underwater Cultural Heritage. Report of the Committee on Culture
           and Education, Strasbourg.

    O'Keefe, P.J. and Prott, L.V.. Law and the Cultural Heritage. Volume 1:
           Discovery and Excavation. Abingdon, Oxon, England: Professional
           Books, Ltd., 1984.

    Pulak, Ceal
    1994   Personal Communication. Archaeologist, Institute of Nautical
           Archaeology, Texas A&M University, March 5.

    UNESCO
    1981   Protection of the Underwater Heritage. UNESCO, Paris.

                                      29