Ontario's professional Maritime Archaeology

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The Current Effort to Restrict Sport Diver Access to Shipwrecks in Ontario

Over the years there have been a great many plans to limit diver access to shipwreck sites in Ontario. With rare exceptions, these have fortunately all failed. Looking back on these some have been amusing. The main problem is that there is little money in underwater archaeology. While in terrestrial archaeology there is some research archaeology usually done by university academics with SSHRC etc., funding most of the bread and butter jobs are done by contract archaeologists. Housing developments, road construction, hydro, and pipeline right of ways often lead to the discovery of archaeological sites that often stops or delays development plans. An archaeologist is then employed as a remedy and the cost of the archaeological work is passed on to the developer.

Many of the plans to restrict diver access have been attempts by the Ministry to pass the costs of underwater archaeology on to the sport diving public. Going back thirty years the Provincial Underwater archaeologist advocated a program were each diver would pay a twenty-five-dollar fee for each dive they did on a shipwreck with the possibility of a thirty-five dollar or so season pass. The revenue generated from this program would go into a sixty-five-foot research vessel for the said Underwater Archaeologist to use and to hire more underwater archaeologist.

There has always been some effort to “control” the sport diving public and to restrict access to shipwrecks from the Ministry as advised by the Ontario Marine Heritage Committee.

At the 2019 annual Ontario Archaeological Society meeting Scarlett Janusas gave a talk entitled; Scarlett Janusas (Archaeology Inc.) gave an interesting paper, recognizing that Shipwrecks can be Cemeteries Too! The main thrust of her argument is a change to the Cemeteries Act and possibly the Canada Steamship Act to prohibit sport divers from diving on shipwrecks that “might” have human remains on them. That is an interesting idea. This prohibition would not be limited to wrecks with confirmed human remains but to sites that could possibly have human remains on them. She did note that this would be difficult if not impossible to enforce.

This is like a failure in logic. There are some things in life that “might” be there that you should avoid and change your behavior or course of action to steer clear of. Things like IEDs, Landmines, Herpes, and HIV, etc., things that can hurt you. Other things that go bump in the night and being afraid of the dark are really not that much of a problem.

Her test case is a shipwreck in Lake Huron that went down with a loss of Human Life and several horses. To make sure you are offending as many people as possible an effort was made to track down living family members so they can help you complain and close the site to divers.

To find out if there was a problem here the Ontario Provincial Police dive team was contacted. They have one of the most statistically successful recovery teams in North America and are well recognized for their considerable expertise and skill.

Police divers did visit the site but did not find any human remains. They did take a sample which was likely a wad of paper. Of course, when your experts come back, and they do not have the answer you want you to attack their credibility, education, and intelligence. Scarlet was quick to point out that they are not archaeologists and therefore did not know what they were doing. With a little more diving she did eventually produce a shot of a few human bones proving her point, at least in Scarlets mind. Obviously, if you are ever pulled over for something like a speeding ticket the correct course of action is to question the police officer’s credulity, education, and intelligence . . . I am sure they will understand you can just refer to Scarlet's research.

Then things just went “I told you not to drink the bong water,” crazy, or it was one of those rare cases of “FAKE” archaeology. Scarlet then began the tragic tale of “Old Whitey” and the Kamloops. The Kamloops is a deep shipwreck site at Isle Royale National Park. We were some of the first divers to explore the wreck shortly after its discovery including the ship's engine room. I was one of the crew that worked the site when the park did the initial archaeological survey and I made contributions that the Editor and then Chief archaeologist included in the final report.

Our understanding of the Kamloops Site also benefited from ROV footage done with a couple of National Geographic ROV’s. To the best of my knowledge Scarlet has never worked the site and I would be surprised if she has made a dive.

Scarlet also had an illustration, but it does not look like my work (or the Kamloops.) She had a picture of a shipwreck that is not in Lake Superior that was labeled Kamloops over which an illustration worthy of any eighth-grade art student had been imposed. This of course was “Old Whitey” now wearing a black sweater and wool hat. The illustration has no resemblance to the bodies on board the Kamloops.

Scarlet seemed to be a little miffed that the body was being referred to as “Old Whitey” by sport divers as this, in the least, is incongruent with her vision of political correctness. While this may be true and I am not one to judge, I do believe in evolution and I see this as a great advancement, great progress towards a degree of political correctness by the diving community that should have made Scarlet happy. The divers first to enter the engine room usually referred to the bodies as George and Blob. As you might suspect Blob is the one whose legs have fallen off. Callus as it might be it does illustrate the nature of the problem. Bodies in an advanced stage of decomposition are difficult to remove as they fall apart.

Two hundred feet of water does not make it any easier. They sleep in the deep and rest in peace, mess with them and they rest in pieces. If you do not want to see this type of thing or think it would disturb you don’t dive the site.

It is true that these bodies of long-lost sailors who died at their stations trying to save their ship are the most photographed bodies in the Great Lakes. I am not sure that something Scarlet perceives as a problem and bad behavior in Michigan is going to benefit or be remedied by a change in legislation in Ontario? Also, I am not sure how a couple of degrees in Anthropology make me or anyone else morally or ethically superior and, in any way, qualified to make this kind of judgment.

It has always been this way. One scheme after another to restrict or control access to shipwreck sites. The Ontario Heritage Act first became legislation in 1975 the same year the Ontario Marine Heritage Committee was formed. One of the principal mandates for OMHC and the Ministry was the development of a Submerged Cultural Resource Management Plan for Ontario. Now, forty-five years later they still have not produced one. An attractive option is to adopt and follow the UNESCO guidelines for submerged cultural resource management and they have not done that as well.

The president of OMHC has professionally impeacher herself and lost credibility and this may be an opportunity to effect a change. As I mentioned, with enough support we may be able to find a permeant remedy to this problem and reach an accommodation that is in the best interest of the resource and the diving public. I will wait a little longer for the Ministry to respond and then set up a closed group on Facebook to discuss a strategy.
 
In 1995 and 2003, our group found remains on the tug Fred Lee and the freighter Frank Goodyear both located off Michigan's thumb. The remains consisted of bones alone with clothing such as boots and the heavy coveralls surviving. However by 2018 none of the bones were left. Zebra mussels use the calcium in the water to form their shells. They also dissolve bones within 3 years.

When we found a wreck in Colpoys Bay in 2017, a bunch of soft organic matter was seen inside the wreck. Having dealt with soaponafied remains like those in the Kamloops, Emperor, and Superior City, we notified OPP immediately. This was later used again in a post I put on this forum (my mistake), and understandably it was on the headlines for another 3 weeks.

OPP returned to the wreck and believe that the remains that we saw were probably lard or butter that escaped from the barrels that were carried on the ship.

I bring up the point that most shipwrecks involve loss of life. However on land we are free to visit cemeteries, battlefields, gas chambers, concentration camps, salvaged wrecks of the Hunley and USS Monitor, and even sites of disaster like the WTC in NYC or Pearl Harbor where one can walk above the wreck of the USS Arizona. Shipwrecks are no different as long as we respect the wreck as both ethics and laws pertain presently in both of our countries.

As divers, we are the pervayors of history and act as its protectors.
 
well said ..............both of you
 
Big Problem or Little Problem?

As divers in the waters of Ontario, it may be time to deal with the OMHC problem. Yes, they are powerless but they have the ear of power. As I have been researching it occurs to me that there are different types of solutions some with long term benefits, other's short term. To effect change requires work and the long term benefits always seem to require more effort than the short term issues.

Some readers with a stick in the fight have their own issues with OMHC. Typically, correspondence is not answered in a timely or professional manner. Having to wait three years for an archaeological license speaks to the matter of Ministery incompetence.

For some, if you are doing research in Ontario and are awaiting correspondence, or even thinking about doing research here there are a couple of solutions you and your dive buddy may want to consider joining OMHC.

It may sound strange as my own personal point of view is that it is time to move to a more democratic submerged cultural resources management strategy for Ontario but I recognize there are alternative approaches you may want to consider as they may address your specific needs. Politics is the mother of all dirty businesses but you may find a solution on the internet in Roberts's Rules of Order. OMHC has to remain open to the public to maintain their tax-exempt status. I have not come across their bylaws yet but I am working on it. One way to address the problem of unprofessional late correspondence and the classic, "We'll get back to ya" limbo is to join OMHC with your dive buddy.

This is not going to affect a long term change (unless you have a lot of dive buddies) but may expedite your efforts. They have meetings and follow Roberts Rules of Order. If you are involved in research efforts or considering projects in Ontario you know there is a significant amount of money invested is successful expeditions if you choose to do research it may be prudent to join OMHC. In doing so you then have the ability to make motions and ask questions and may find a solution to your problem. When you are on the outside you can only wait, when you're on the inside you can champion your cause, argue your case, and press for an answer to your questions.

Just a thought.
 
It is the kind of work that can use all the help it can get. All three organizations you have mentioned, OUC, SOS, and POW receive funding from the Government of Ontario that makes up the core of their annual operational budget. Subsequently, they are all subject to government influence. The job is to give direction to the government not to be manipulated by the government. OMHC has small numbers and a lot of influence. It will not be difficult for a small group of like-minded diving enthusiasts to decide on an agenda and then rally other organizations and individuals to our cause and then, if necessary, join OMHC and take over the organization. We all have our own experiences and OMHC has never done anything for me if you have had a different experience tell us about it. Diver certifying agencies, dive shop owners, people with an interest in diving tourism all have a vested interest SCUBA diving in the province and the hand that rocks the cradle rules the world. We have many allies.
 
Well, a colleague who works for the Ministry has been doing some reading but there has been no response from the Ministry. I started a private FaceBook group called Diver Based Submerged Cultural resource management on my FaceBook page and anyone looking for a change is welcome to join me there. I am new to this type of thing and you may have to send me a PM so I can invite you to join. Finding people willing to spend a bit of time to ensure the future of diving in Ontario is diver friendly is a bit of a job. The Ontario Heritage Act and the Ontario Marine Heritage Committee came into existence in 1975 and archaeology has been passed around from Ministry to Ministry over the years. Within the Ministry and OMHC from day one, there was a mandate to produce a submerged cultural resources management plan for Ontario. It has been forty-five years and they have done nothing. It is time for a change.
 
I’m going to raise this with one of the local
shops.

Just sent you a FB friend request.
 
I am writing a series of posts that will outline objectives as we move to a more democratic Diver based Submerged Cultural Resources Management Plan for Ontario and eventually Canada. Good ideas are always welcome.

Part of good planning is avoiding the same old mistakes others have made so I have been looking at the Ontario Marine Heritage Committee and I did not have to look long or far to find things I do not agree with and I am hoping others see it the same way I do. So, this issue is open for discussion. According to their web page, OMHC is devoted to:

“Research, Interpretation, and Preservation working to discover new archaeological finds as well as to document currently existing sites while ensuring their protection.”

This can be interpreted in several ways and pursued with varying degrees of enthusiasm. In one of her recent talks, Scarlet mentioned that she had been informed that a group of divers in the Georgian Bay area were planning to remove an anchor from a shipwreck. She then contacted the would-be salvors threatening legal action under the Ontario Heritage Act which discouraged the venture.

Ontario divers have embraced a conservation ethic in diving shipwreck sites and good management is in the best interest of all Ontario divers. While I agree that having an artifact like this removed from the site, as it makes the wreck less interesting for others to dive and having it become a lawn ornament, a trophy, on someone’s front lawn is not in the best interest of the resource or the majority. I question the need or the relevance of self-appointed shipwreck cops?

If there is a law enforcement problem that is something for the police to handle. Concerns, complaints, and crimes that is their job that is what they do. OMHC has no judicial or legislative authority to involve themselves in law enforcement matters. They have the same rights and remedies enjoyed by all Ontario Citizens and rely on their ability to “Rat out” perceived diver wrongdoings to enhance their own personal status. In this example as in the film “Minority Report,” no crime has been committed, no attempt to commit a crime has occurred. To suggest that dive shop gossip amounts to a conspiracy to commit a crime is a ludicrous legal argument.

Activities like this divide the diving community and generate a, “we vs. they” mentality and the development of “Ratlines” in that community. The ability to “call the cops” (which we all have) is then used to enhance personal prestige and status within organizations like OMHC, POW, SOS, and OAS.

While there are many issues to be discussed one of the things, I will be advocating for is getting OMHC out of the shipwreck cop business. The job is to manage the resource in the best interest of the citizens of Ontario and OMHC is failing at that in part because of this overzealous divisive approach.
 
Objective One

1. Through the ballot box, move The Ontario Marine Heritage Committee to adopt the UNESCO guidelines for underwater archaeology as found in, the manual for activities at Underwater Cultural Heritage. Then advocating for Ministry to adopt the guidelines and Canada to join UNESCO.
Available online at: http://www.unesco.org/culture/en/underwater/pdf/UCH-Manual.pdf
Argument

a. The Ontario Marine Heritage Committee and the Government of Ontario have failed to generate a submerged cultural resources management plan. They both stated this as an objective and the matter has been outstanding for forty-five years. The UNESCO guidelines establish a De facto management plan.

b. The principal advantage to the government is that the UNESCO guidelines facilitate economical resource management. While providing responsible and ethical resource management there are no new costs to the taxpayer and can be accomplished with as little as a direction to Ministry staff.

c. One advantage to the archaeologist is freedom from political manipulation and the current epidemic of museum archaeology. While there is always room for interpretation, and exceptions, in general, underwater archaeology is confined to non-destructive in situ study. If samples are necessary for scientific analysis they are as small and as discrete as possible.

d. The advantage to sport divers is that as long as you have adopted a conservation ethic and dive on a look but don’t touch basis without damaging the site you can dive whatever you like without government harassment.
 
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