Legal issues?

[40Fathoms]

Hi guys,

It's almost a given: nearly every time I tell non-divers off my passtime, the same question comes up: Have you ever found anything valuable down there?

That usually leads to a discussion of what your legal rights are, should you actually find that elusive sunken treaure, and I have to admit, I haven't a clue. Most people swear by the "finders keepers"-rule, as long as you're in international waters. But even that isn't so simple, seeing as "international waters" only really, truly exist after 200-350 nautical miles from a shoreline (if you include the continental shelf-rule).

So, what does the law say, does anyone know? Does the law vary from country to country? And what about in international waters?

 

[captndale]

The law is complicated and self-contradictory. It can also be bent or even broken by the one having the most money/power. If you find and take something of no value the chances are that no one will bother you. If you find something of real value everyone, including several governments, will try to take it from you.

 

[covediver]

Captndale said it pretty well.
I found a simple guide to some of the legal questions were well explained in the Idiot's Guide to Sunken Ships and Treasure. And while I hate the title (finding idiot to be a derrogatory term for your reader) it did contain info that is understandible by those not involved in the business.
Keep in mind that in the US salvage and award of items in the sea is part of maritime law which is a legal process in which those wishing to claim the item file in Federal court. I saw that process unfold a few years back at a hearing in Anchorage over the ownership of the SS Aleutian found by divers in Kodiak. It was pretty interesting.

 

[40Fathoms]

Thanks for the book reference, Covediver. Do you (or anyone else) know of any good online resources to get the basics from?

@ Captndale: that's pretty much what I surmised from what I've been reading. Guess that's what happens what you strike gold (or some other valuable).