Posted by Paul Ehorn on September 28, 19100 at 20:28:25:
In Reply to: Re: The Law, The DNR, The Truth posted by Bob G. on September 28, 19100 at 04:10:12:
: Isn't this wasted discussion? What's the point? That the Abandoned Shipwreck Act is invalid? Has it ever been successfully challenged in court? Whoever wants to try to challenge it better have deep pockets. In the meantime, states can enact whatever laws they want, valid or not, until they are struck down by federal courts. Are the wrecks protected? Law or not, wrecks will only be protected if the diver protects them.
Bob: The point is that the Abandoned Shipwreck Act does not give blanket coverage of all shipwrecks to the states. The ASA is indeed valid, it is the state laws which are invalid. The state law in Michigan has been successfully challenged in the case of the James R Bentley. The Honorable Victoria A. Roberts, US District Judge ruled that the State of Michigan had no right to intervene, as the shipwreck did not meet the criteria setforth in the ASA.
I was declared owner of the James R Bentley, her tackle, appurtance, furnishings and cargo by the ruling of the Federal court as of August 24,2000.