Attention Alabama Divers

[SuPrBuGmAn]

Once you guys have a formal draft for the letter, I'll be all over copying/sending it out to as many contacts as you fella's can provide

I read about the instance of the diver getting arrested for pulling up civil war artifacts, ect, in some of the rivers here in AL. He even assisted the cops with recovering stolen & discarded weapons and he still got all his nifty finds taken away. Seems absurd to let all that history remain covered only to fade away in time.

Tom, Rick, see you guys at Vortex tomorrow evening I'll be sure to give you a report on Cypress - HA!

 

[CD_in_Chitown]

Once you guys have a formal draft for the letter, I'll be all over copying/sending it out to as many contacts as you fella's can provide

Make sure and get one to me, I got too many new contacts in AL to see something bad happen in the gov't. I won't tell 'em I'm from out of their voting district

 

[av8er23]

I too will be glad to send a letter.

 

[SuPrBuGmAn]

Make sure and get one to me, I got too many new contacts in AL to see something bad happen in the gov't. I won't tell 'em I'm from out of their voting district

Will do

 

[Tom Smedley]

Many divers, collectors and historians have worked very hard to get back our freedoms to dive and find relics in Alabama. Now we need all of us to take part and not just watch what happens. Everyone also needs to write a letter or email to Elizabeth Brown at the AHC and send copies to all of the directors of the AHC. Also send a letter to Governor Riley. This is no joke this is a special interest group that wants to steal your civil liberties. We also need to get every diver or friend of diver that we can muster to attend the meeting in Selma Thursday afternoon and in Mobile the week after.

Here is there contact information:

0. Elizabeth Brown
468 South Perry Street
Montgomery, AL. 36130-0900
e-mail: ebrown@preserveala.org


1. Mrs. Janice Hawkins (res.) 110 McKinley Dr Troy, AL. 36081
office Troy State University 110 McCartha Hall, Troy, AL. 36082
home phone 334-670-3475 office phone 334-353-5889 or 334-670-3370
e-mail: janhawk@trojan.troyst.edu

Chair: 2. Mr. William Drinkard
Drinkard Development, Inc. 1301 Welti Rd SE Cullman, AL. 35055
Drinkard Development PO Box 996 Cullman, AL. 35056-0996
home phone 256-775-0200 office phone 256-738-1815
e-mail: wdrinkard@aol.com

Secretary: 3. Mr. Kippy Tate
State Building Commission
770 Washington Ave Ste. 444
Montgomery, AL. 36130-1150
office phone 334-242-4082
e-mail: ktate@bc.state.al.us

Treasurer: 4. Mr. Bobby M. Junkins, Etowah County Probate Judge
PO Box 187
Gadsden, AL. 35902
phone 205-932-4519
e-mail: bmjunkins@yahoo.com

5. Dr. James "Ike" Adams Jr.
The University of Alabama
Dean, School of Social Work
Tuscaloosa, AL. 35487
phone 205-348-3924
e-mail: jadams@sw.ua.edu

6. Honorable Lucy Baxley, Lt Governor
Alabama State House, Ste. 725
11 South Union St.
Montgomery, AL. 36130
phone 334-242-7900
e-mail: info@ltgov.state.al.us

7. Dr. Edwin Bridges, Alabama Department of Archives and History
PO Box 300100
Montgomery, AL. 36130-0100
Phone 334-242-4435 or 334-242-4441
e-mail: ed.bridges@archives.alabama.gov

8. Mr. Nicholas Cobbs Jr, Attorney
1110 Main St.
Greensboro, AL. 36744
phone 334-624-4202

9. Honorable Seth Hammett, Speaker of the House of Representatives
PO Box 1776
Andalusia, AL. 36420
or
Room 519-A, 11 South Union Street
Montgomery, AL. 36130
Home phone 334-222-4469
office phone 334-242-7668
e-mail: seth.hammett@alhouse.org

10. Mr. Barnett Lawley
Alabama Department of Conservation and Natural Resources
64 N. Union St.
Montgomery, AL. 36104
phone 334-242-3486
e-mail: commissioner@dcnr.state.al.us

11. Mr. Danny Cooper
Alabama Association of Realtors
PO Box 4070
Montgomery, AL. 36103-4070
phone 334-262-3808
danny@alabamarealtors.com

12. Mr. Guy Spencer
PO Box 45
Huntsville, AL. 35804
gjsjr724@aol.com

13. Mr. Stephen Martin
Alabama Education Association
PO Box 4177
Montgomery, AL. 36103-4177
phone 334-834-9790
e-mail: stephenm@alaedu.org

14. Dr. Geri Moulton
University of South Alabama
307 University Boulevard
Mobile, AL. 36685
phone 251-460-6111

15. Mrs. Vivian Paul
148 S Jackson St.
Grove Hill, AL. 36451
home phone 251-275-3949
office phone 251-275-4131

16. Honorable Bob Riley, Governor
Alabama State Capital
600 Dexter Ave
Montgomery, AL. 36130

17. Mr. Lee Sentell
Alabama Bureau of Tourism and Travel
PO Box 4927
Montgomery, AL. 36104-4927

18. Mr. Steve Sharp
702 Piedmont Lake Rd.
Pine Mountain GA. 31822
home phone 706-663-8776
cell phone 706-289-4714

19. Dr. Craig Sheldon
AUM, Department of Anthropology
7300 University Drive
Montgomery, AL. 36117-3596
home phone 334-567-8942
office phone 334-244-3765

20. Dr. Robert Jakeman
Auburn University History Department
310 Thach Hall
Auburn, AL. 36849
phone 334-844-6634
e-mail: jakemrj@auburn.edu

21. Dr. Dan Bennett
Auburn University, Dean, School of Architecture
202 Dudley Hall
Auburn University, AL. 36849
phone 334-844-4285
e-mail: dbennett@auburn.edu

 

[Firebrand]

Having read through the documents Rick posted, it is my understanding that with the proposed law changes, only those individuals possessing a graduate level degree (Masters or Doctorate) in archaelolgy, upon applying for, and receiving a license from the state, are permitted to recover man-made artifacts that are more than 50 years old. These rules are being considered to "protect" the state's historic resources for "the people." However, if these artifacts remain submerged, they will not be "resources for the people" but merely lost artifacts. If the state wishes to deem those artifacts for the people, they should be recovered, and based on their historical significance, either be donated to a museum, or returned to the finder.

The state of Florida has a better law concerning fossil recovery (to include Native American artifacts, but excluding shark teeth). A $5.00 permit must be obtained to recover any fossil or artifact, and depending on the historical significance, the state will decide to catalogue it in a museum, or return it to the finder.

However, the state of Alabama is attempting to make it impossible for recreational scuba divers from any atempt at recovering any man-made artifact in Alabama waters. I interprit this to mean that even those graduate students working with an underwater archaeologist are ineligible to recover artifacts because they do not meet the proposed minimum requirements set forth by the state of Alabama. If this law passes, then any underwater archaeology course of study by Alabama Colleges & Universities will no longer be permitted to teach those courses in an underwater environment. Furthermore, any significant finds will either be left submerged, and the people of Alabama won't have the opportunity to see their historic artifacts, OR (as Rick stated) the artifacts will quickly find their way to the black markets, or be held in private collections. Given Alabama's historic waterways, this is an attrocity to not only Alabama Scuba Divers, but for ALL the people residing in Alabama.

I will try to draft up a letter tonight or tomorrow night and post it on this link. I have the point of contact for submitting responses (up to 9 December 2005) and will have the letter written soon. Please work to fight this proposed law change.

 

[av8er23]

Did you guys ever come up with a letter?

 

[Tom Smedley]

One of our group is a lawyer and she is going to the meeting tomorrow night. Her intention is to draft a letter after we find out all the details. In the meantime, here is a message from Steve Phillips in Birmingham.

**********************************************

Dear Director of the Alabama Historical Commission,

Last Friday I went to Montgomery and met with Ms. Brown at The Alabama Historical Commission. I think that we are going to be able to accept the new dive law regulations with very small additions. Will you please read the letter that I wrote her and support public access to our waterways. It is included below. I will be at both of the public meetings about the dive laws and will be able to help explain the new regulations to dive schools, collectors and divers if I am needed.
Thank you very much.



Sincerely,



Steve Phillips
Southern Skin Divers Supply
4515 5th Ave South
Birmingham, AL 35222
205-595-3052
www.ssdsupply.com


Dear Ms. Brown,

Thank you for meeting with me last Friday. I think that the new regulations will be acceptable to the divers and collectors of Alabama. As we discussed, I request that you add the following two sentences just to clarify the regulations and so the public and the law enforcement officers will better understand the regulations.

*Isolated finds that are not listed on or determined eligible for the National Register of Historic Places are not covered by the definition of cultural resources in the law.
*Recreational gold prospectors are not affected by these regulations unless the gold dust that they might find is a part of or associated with a cultural resource.

I also request that Gulf Coast Divers of Mobile and Southern Skin Divers Supply of Birmingham be appointed to the Maritime Advisory Council so that divers and SCUBA Schools will be a part of what can affect them so directly. Gulf Coast and Southern want no expenses or any other benefit. Both businesses also agree to not be eligible to receive a cultural resource permit while they are a member of the council. I sincerely hope that the turmoil about the Underwater Cultural Resource Act is about to end.

Sincerely,



Steve Phillips
Southern Skin Divers Supply
4515 5th Ave South
Birmingham, AL 35222
205-595-3052

 

[Tom Smedley]

Here is a message that I received from Spencer Phillips (Steve's son) today that reminds of the meeting in Selma tomorrow night.

********************************

From: SSDSupply@aol.com
To: SSDSupply@aol.com
Sent: Wednesday, November 09, 2005 10:19 AM
Subject: Meeting for Proposed Regulations Reminder


Meeting for Proposed Regulations Reminder


November 9, 2005


This is to remind all divers, dive store owners, gold prospectors and historians that there is a meeting tommorrow night November 10th at 5:30. The meeting will be held at the Performing Arts Center, 1000 Selma Ave,Selma, Alabama.

This will be your chance to have input on the new proposed regulations and to allow people to dive in Alabama again. It has taken us 6 years to get the chance to change these regulations in Alabama which has the worst diving laws in the country. The reason we have these terrible laws is because the divers were not represented 6 years ago when the current regulations were written. We don't want this to happen again. Please plan on attending this meeting and let your voice be heard.

Thank you,


Spencer Phillips
Southern Skin Divers Supply
4515 5th Avenue South
Birmingham, AL. 35222
205-595-3052
www.ssdsupply.com

 

[Tom Smedley]

Every citizen in Alabama should be outraged at this article from the Advertiser this morning. This battle between Steve Phillips and the “Ladies” of Selma has gone on too long and I am sure that whatever the outcome, Steve is happy that it is over. The sad and utterly outrageous part comes in the fact that the citizens of Selma are so vociferous in the fact that people are stealing their stuff and want to keep their precious artifacts within Selma, or at least within Alabama. Then I quote, “The musket, preserved in a container of distilled water, was sent to Texas A&M University.” This example of the pilfering of our history by the Alabama Historical Commission is typical of the behavior that Mr. Phillips and other history buffs have fought for years.

So much for preserving ALABAMA artifacts for the people of ALABAMA to enjoy.

***************************************

No Jail Time for Diver Who Took Artifact
The Associated Press

From the Montgomery Advertiser Friday December 9th, 2005

A Birmingham diving shop operator has been con¬victed of theft and given a suspended sentence for tak¬ing a Civil War-era rifle that he pulled from the riv¬er bottom while diving in the Alabama River at Selma.

A Dallas County jury Wednesday convicted Steve Phillips of misdemeanor third-degree theft but found him not guilty of felony or misdemeanor theft of a cultural resource. It was the first case prosecuted under a 1999 state law designed to protect artifacts.

"I don't feel guilty of any¬thing except helping history," Phillips told Judge Marvin Wiggins during sentencing.

Phillips and Perry Thomas Massie of Los Angeles were arrested in October 2003 and charged with violating a law against taking or possessing cultural artifacts without a permit. They were charged after a conservation officer watched them dive and then found the Civil War era musket in their pontoon boat.

Massie pleaded guilty earlier this year to trespassing and was fined $500 plus court costs. Massie is president and CEO of Outdoor Channel Holdings, which owns the Outdoor Channel.

Phillips received a six month suspended jail sentence and six months of unsupervised probation. He also is required to pay $500 in restitution.

The musket, preserved in a container of distilled water, was sent to Texas A&M University.

Erskin Mathis, Phillips' attorney, claims the Underwater Cultural Resource Act was vague and almost impossible to enforce.

While his client was convicted of theft, Mathis felt like he won that point. Mathis said he may appeal the conviction.

"I don't know if it is possible to steal something the state didn't know was there," he said.