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SHIP WRECK SALVAGE IS FINDERS, KEEPERS

Often, laying claim to a site a simple case of ‘arresting’ wreck

The Associated Press

Richard Steinmietz knew exactly what the federal marshals wanted when they pounded on his door: his nicotine-stained shipwreck treasure, the Alabama bell.

For year’s the bell, a relic of the notorious Confederate raider, the CSS Alabama, sat in his antiques store in New York. In 1990, strapped for cash and facing heart surgery, Steinmetz put it up for auction.

Then the feds came calling.

“‘They accused me of stealing government property,” Steinmetz, said, wheezing in indignation when he recalls the scene, “I told them they were stealing if they took it from me.”

Wrong, lie was told. The Navy does­n’t abandon warships. All of them, even rusting confederate ones, belong to the United States government.

Today it sits in a Washington Navy museum, still black from years of pub smoke.

Steinmetz, who fought his claim in rout unsuccessfully for years, was­n’t the only one left shaking his head at the peculiar brand of justice that rules the high seas.

There are thousands of ship­wrecks around the world and thou­sands of treasure hunters searching for them, spinning dreams of gold as they scour the ocean blue.

 

Opportunity at hand

These days, something strange is happening.  Technology is making those dreams come true.

Little underwater robots that roam the deep, plucking pieces-of-eight from Spanish galleons; deep diving submersibles that ferry tourists to the North Atlantic to view the ghost­ly remains of Titanic; mixed-gas scuba gear that lets divers glimpse bones in German U-boats at depths unheard of a couple of decades ago.

Titanic. Lusitania. Andrea Doria.  Britannic.

In recent years divers have explored them all and more, hauling up all sorts of booty.

The discoveries bringing lawsuits and questions: Who are the rightful own­ers of tile wrecks and their belong­ings: descendants, the state, salvors?

And a trickier question. Who has the power to decide, particularly when a wreck lies in international waters far from the jurisdiction of any one country?

“It’s like the Wild West with a show­down at high noon and afterward everyone says ‘where was the sheriff?’” says Titanic discoverer Robert Ballard. He is referring to the salvors, treasure hunters, sports divers, archaeologists, scientists, oceanographers and military all scrambling to stake their claim to the ocean floor.

 

Busy on the ocean floor

In the emerging world of the deep ocean, wrecks are being discovered all the time.

Just last year, Ballard discovered the remains of the USS Yorktown, which sank during the Battle of Midway in World War II. Divers in Egypt pulled up a 2,000-year-old Sphinx. Trolling the Mediterranean for a gold-laden British warship. Florida treasure hunters stumbled on a 5th century Phoenician wreck.

“‘Technology is taking us to Pyramids of the deep,” said Ballard, president of the Institute for Exploration in Mystic, Conn., who dis­covered Titanic with a French team in 1985. ‘The question, is do we use technology to plunder or to ponder.” Those on the side of pondering -— archaeologists and historians are desperately pushing for measures to halt the plunder. Maritime museums now refuse to display treasures from “looted” sites -- those salvaged by for-profit ventures States include under­water resources in their historic preservation plans. There are 2 National Marine Sanctuaries and hundreds of underwater sites listed in the National Register of Historic Places.

Internationally, UNESCO, the cul­tural arm of the United Nations, is pushing for protection of the world’s underwater heritage by declaring most shipwrecks to be the property of the world’s governments.

But archaeological ethics are hav­ing a hard time keeping up with tech­nology. And conflicting national interests and cultures make agree­ments difficult, Is a wreck historic if it is 50 years old, or 500?

War tombs, like a Japanese subma­rine bombed in the mid-Atlantic in 1944, pose more questions. Three years ago, an American group beat a rival British team in a race to find the sub, the 1-52, which sank in interna­tional waters about halfway between the Cape Verde Islands and Barbados.

Can Japan claim the remains of 109 bodies or the two tons of gold?

What about policing? Now do coun­tries enforce ‘no trespassing” when the waves are 10 feet high, the salvage ships are circling and gold gleams seductively in the depths below?

Eventually, Ballard and others suggest, rules and laws will be devel­oped similar to those that protect archaeological sites on land. Meanwhile, he says, “I feel like I’ve walked into a bar fight.”

Today Ballard cannot return to ‘titanic site without the permission of the man who owns it a wealthy car dealer from Connecticut.

How do you own the Titanic? You drop 2½ miles to the bottom of the ocean, scoop up a wine decanter from the site, haul it into a Virginia court and

in legal jargon “arrest” the wreck.

George Tullock and his company, RMS Titanic Inc., did precisely that, winning first salvage rights and later exclusive access and photography rights to the site. The court reasoned that the salvors are preserving the arti­facts ‘for the benefit of all mankind.”

If no one else claims jurisdiction over the site, then any admiralty court

which, in the United States means a federal court can assume jurisdic­tion and make decisions for the world.

Never mind that the Titanic Maritime Memorial Act of 1985 speaks in lofty terms about respect­ing the integrity of the wreck

In maritime tradition, whoever arrests a wreck has the right with court restrictions to dispose of it.

The tradition endures because it works, say those who risk life, limb and bankruptcy to find sunken ships. The profit motive, they argue, has always been part of deep sea exploration.

Admiralty law is clear, Hess says. “From the days of the Phoenicians, the concept that the person who voluntar­ily rescues a ship from marine peril, who takes all the risks in finding it, should be entitled to compensation.”

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