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From: Craig Rich - MSRA
Category: Shipwreck Research
Date: 24 Apr 2008
Time: 18:13:30
Remote Name: 69.128.76.251
From the Associated Press: Court orders US federal jurisdiction over possible 'Griffin' shipwreck TRAVERSE CITY, Michigan: An appeals court has ruled that the U.S. government should have authority for now over a Lake Michigan shipwreck that could be The Griffin, a 17th century vessel built by the French explorer La Salle. A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati reversed a ruling by District Judge Robert Holmes Bell in a dispute between the state of Michigan and the private underwater exploration company that found the wreckage seven years ago. Great Lakes Exploration Group LLC wants the federal government to have jurisdiction but to appoint the company as custodian until the courts determine who has ownership and salvage rights. The company says the French government may want to submit a claim. The state is seeking title, saying federal law gives it ownership of all abandoned vessels "embedded in the state's submerged lands." State archaeologist John Halsey said he was still waiting for evidence that the shipwreck is The Griffin — the Great Lakes' oldest shipwreck. The Griffin (also spelled "Griffon") disappeared on its maiden voyage in 1679 after setting sail from an island near Green Bay, Wisconsin, with a crew of six and a cargo of furs and other goods. It's believed to have sunk in northern Lake Michigan. Great Lakes Exploration's president, Steve Libert, said he has been searching 30 years for The Griffin. He describes it as a "time capsule" that would provide valuable information about early French exploration of the region. Libert refuses to disclose the exact site of the wreckage, saying he doesn't want to tip off looters and sport divers who might damage it. He wants a promise from the state that he can stay involved as the wreckage is studied and take part in decisions about what to do with it. His company in 2004 asked Bell to put the federal government in charge. Bell ordered the company to reveal the location so the state could investigate and decide whether to claim ownership. When Great Lakes Exploration refused, Bell dismissed the company's request. In its ruling, the appeals panel said Bell should have asserted federal jurisdiction before ordering the company to disclose the location. The panel returned the case to district court, suggesting that the judge issue an order limiting salvage operations to protect the interests of the state and the company while the debate over ownership goes forward. Both sides said they were pleased with the decision. "Everything is starting to fall into place," Libert said, adding that his group is continuing efforts to positively identify the wreck. His attorney, Rick Robol, said the ruling protects the rights of private parties that take the time and expense to track down shipwrecks. But the appeals court also recognized Michigan's need to know where the wreckage is, said Peter Manning, an assistant state attorney general. "On that issue, I think we were vindicated," he said.