[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.
 ï¿½           ~~~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.
 ï¿½           ~~~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
ï¿½      ~ ~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 ï¿½ Private/public groups ï¿½ Florida based sport
   diving clubs and dive shops ï¿½ Major dive training agencies (NAUI, PADI,
   etc). * Sport divers, Florida river divers, dive clubs, dive shops, dive charters
     Academic researchers ï¿½ 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.

ï¿½        ~~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
   ï¿½ 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 ï¿½ 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 ï¿½ 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
   ï¿½ 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 -ï¿½ -   (_ -    -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 ï¿½ 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 ï¿½ 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.
ï¿½      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
ï¿½      ~~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;
ï¿½      ~ ~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
ï¿½        ~~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