Posted by Bob Spalding on October 31, 19103 at 22:19:48:
In Reply to: MARITIME LAW in the Great Lakes posted by Jim Kennard on October 31, 19103 at 19:19:05:
: Considering all the recent discussion about the Cedarville artifact, I couldn’t help but key in on Paul Ehorn’s comment on “educating yourself with maritime law…”. I think that most of us are aware that these laws do exist, but otherwise don’t really understand the particular details of maritime law as they are currently applied by each State or Province around the Great Lakes, and the additional considerations of Federal law.
: There seems to be many misconceptions concerning these laws on what is legal and not legal, both before and after the time when they were enacted.
: I believe it would help all of us if there could be an area on this website (or other) that would have these maritime laws simply defined. The laws to be listed by each State and Province around the Great Lakes in regards to the salvage of individual items, artifacts, historic and non-historic ships. Also, defining just what is considered to be “historic”. Perhaps a link could be made to view the actual sections of the maritime laws for each State, Province, and by the Federal Government, if further reading of the details of these laws was desired.
: Perhaps, if this information on maritime law were made available on the web for everyone to easily refer to, it would provide all of us better understanding and an increased awareness of the legal limitations on salvage of property in the Great Lakes.
Give this some thought. Shipwrecks and salvage come under maritime law. Most nations in the world abide by them. Individual nations will attemt to set their own interruptions to benefit themselves. States will pass their own laws reguarding shipwrecks through ignorance or indifference. If a state employee informs you that you are violating a state law by removing an item from a shipwreck you will believe him because the state can do no wrong. But it ain't true. Many laws are passed knowing full well that they don't meet the test until someone with the resources challange the state. Florida tried it and lost, Michigan tried it and lost. The truth is, the states do not want you to know the laws so they can rule by intimdation. The problem is, if you fight it you can win but you will be broke and the state prosecutor will bragg to his friends how he wiped your ass. And you know what? You can't sue him.