Posted by Brendon Baillod on November 01, 19103 at 14:11:32:
In Reply to: MARITIME LAW in the Great Lakes posted by Jim Kennard on October 31, 19103 at 19:19:05:
There seem to be a few sets of laws, which are somewhat conflictual, but are easy enough to read. The Federal Laws seem to be the most descriptive. Aside from the Federal Laws, there are State Statutes which were enacted following the Federal Abandoned Shipwreck Act of 1987. The Act claimed Federal ownership of all abandoned shipwrecks in its waters/bottomlands (as defined), but then awarded States the responsibility for them. The States, in turn, passed Statutes defining their policies toward their new shipwrecks.
However, there are three Federal Maritime Laws that in some ways conflict with the Abandoned Shipwreck Act of 1987. They are the Law of Salvage, the Law of Finds and the Marine Antiquities Act. I believe I will create a site covering the four Federal Laws and the statutes from the various states.
In Wisconsin, our Statutes regarding shipwrecks are: Act 395 and the related statutes 44.47 and 29.05. 44.47 reserves the right to perform archeological excavations, etc to the State and 29.05 provides for confiscation of equipment, etc.
BB
: 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.