Re: [PSUBS-MAILIST] sunken treasure

[irox <irox@ix.netcom.com>]

Hi Brian,

I've a read a little on this topic and here's a summary.  Note
that I am not a lawyer and this should not be taken as legal
advice, merely sharing what I've found out, which maybe wrong.

There are two laws which can apply to this situation, the
"law for finds" and the "law of salvage".

The first action once you find a sunk galleon should be to
get it's name plate or bell (although you could use some
of object, such as a coin, if you cannot locate the name
plate or ships bell).  Once you acquire this, you will turn
it over to the authorities (court or police) claiming it
represents that ship you have found.  The court will seize
the ship - they will lock up the part you brought back and
issue an order forbidding people to take anything from the
wreck.

The next phase is determining which vessel you've found and
who (if anybody) still owns it.   This seems to be the
tricky part of treasure hunting.  The Spanish government
may claim the ship as their's, maybe an insurance company
purchased the wreck after it sunk and still owns the rights
to it.  This phase also sets which law applies to the
situation.

If ownership is established, and they do not weaver their
rights to the vessel, then the "law of salvage" applies.
In this case you will go to court with the owner and the
court will decided how much it is worth and what percentage
you are due for finding it and any items you recovered. 

If nobody is able to establish ownership of the vessel, then
the "law of finds" applies, and you essentially have the 
option to apply for ownership.

There is a third option, where you become a grave robber,
but I didn't research that option and the penalties which
would apply.

As more people are operating person submarines, this might
make a good topic for a convention talk.

Hope that helps.

Cheers!
 Ian.
-----Original Message-----
>From: Brian Cox <ojaivalleybeefarm@dslextreme.com>
>Sent: Aug 17, 2010 12:25 PM
>To: "Personal_Submersibles@Psubs. Org" <personal_submersibles@psubs.org>
>Subject: [PSUBS-MAILIST] sunken treasure
>
>Hi All,
>          Does anyone know if there are any restrictions on exploring and
>excavating sunken wrecks?  For instance what if I found an old Spanish
>galleon out here around the Channel Islands in my sub at a depth beyond
>normal scuba depths?  Would I be forced to hand it over to some well funded
>National Geographic group?  What if I wanted to document the site and map
>out the wreck?  Any thoughts?
>
>Brian
>
>
>
>
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