Off the Beach Metal Detecting

[jwvanno]

I agree, and south of Sebastian, I can easily understand.

I don't even want to get in the water with a MD from Sebastain Inlet to Vero Beach, for fear of drifting into one of the lease areas.

I'd go so far as to avoid Melbourne Beach to Ft Pierce, just for overkill.

But it would seem to me that in reality, I should be able to dive with a GPS and stay just outside the boundaries of the lease sites...

Maybe I'm just totally misunderstanding what I'm calling "the lease areas"... I assumed they were centered on a specific wreck site or sites, and extended outward for a given radius of say 1,000 yards, and that anything outside that circle would be safe to search...

I just can't seem to find where it's officially defined.

 

[twanderson]

My girlfriend and I have found some great teeth over in Venice, and now want to try some things closer to home. (Rockledge, Brevard County) The Brevard beaches have a serious reputation problems for visibility and lack of "interesting" dive targets, but we have lots of tourists playing in the water.

I've searched the board and the WWW in general, over a period of weeks, and have found scattered information concerning the Spanish shipwrecks around the Sebastian Inlet area. I even found the GPS numbers on this site for the wrecks, and a picture from somewhere (maybe here) that outlines the salvage areas.

I understand completely that you are not allowed to even consider taking a metal detector into the water in those areas, due to the salvage operations, but my question is this:

At what point North or South, is it O.K. to use a metal detector off the beach??

There isn't a wreck to the North side of the inlet, so is it O.K. to use a metal detector from the inlet north?

I don't want to even REMOTELY run the risk of being fined or getting equipment confiscated, but I do want to use the MD in the water freediving for rings and earrings or with SCUBA for something far more valuable.

Who knows... maybe there are still other wrecks that haven't been discovered!

Also, any hard links to the State pages or some other "official" site would be greatly appreciated! Something to print out and show Da Man, when he is standing in the surf as I exit the water...

Thanks guys and gals.

This Subject is endlessly facinating to me. I disagree with the states position on this, but I have attached the link that you requested.

Page four of the document addresses this issue

http://www.flheritage.com/archaeology/underwater/finds/metaldetecting.pdf

Take Care

Tim

 

[Bill51]

It sounds like some amateur metal detector divers need to write up a proposed change to the law and regulation that makes a little more sense and submit it to our legislature.

 

[twanderson]

proposed changes to the metal detector & artifact diving laws contained in FS 267:

1. Instead of the state dictating that all areas are off limits except those areas the state allows for supervised collection I propose that --

All state lands: underwater, upland, and lowland, be open to recreational artifact collection by any means, including scuba diving and metal detecting, unless buoyed, roped, and marked by the state archaeologist as off limits to artifact collection for the purpose of preserving a designated historical site. In no instance shall a buoyed, roped, or marked exclusion area be larger than 600 feet (200 yards) in any direction from a site's perimeter as measured from the center of the site (the intent of this provision is to preserve historic sites without infringing on the public right to the use of state lands).
Anyone found collecting artifacts in any area buoyed, roped, or otherwise marked by the state as off limits to collection shall be in violation of FS 267.
At least the above would be enforceable, the rules would be clear to the collector and the enforcement agencies, and it would be fair.



Make your views felt!

Ask for your free copy of the March 12, 1998 underwater archeologist Roger C. Smith to Matt Mattson treasure rules package at: secretary@mail.dos.state.fl.us! It wouldn't hurt to remind them you also want all state parks open to divers and you'll vote accordingly with your ballot or your dollars!

The Governor needs to hear from a couple of million divers on this subject!

Governor Jeb Bush, The Capitol, Tallahassee, Fl., 32399-0001,

Email link at: fl_governor@eog.state.fl.us, use it to voice your concerns on diving restrictions in the State of Florida! The Governor & others need to know you care.

Write! Call! Help!

The above statements comes from www.treasuresites.com they are spearheading a movement to have the laws more clearly stated an in addition, to allow for the recreational search for sunken treasure. Of course all of these changes still would require the reporting of the artifact finds with the state.

I agree that the finds should be subject to state registration with a percentage of the fair market/historical value to the the finder.

I wholy disagree with the notion that divers keep the finds for themselves.

Peace,

Tim

 

[jwvanno]

Tim,

Thanks for the link. It is one that I have read before, but took the time to read it more carefully this time.

It appears to me to be solely dealing with State Parks and "sovereign submerged lands
under lease by State Parks"...

I called over to Kellyco in Orlando, who seemed like a logical resource to gather some additional information. The woman I talked to (Mary??) said that: "I have never heard of any restrictions other than the Sebastian area. I know that other people in the shop regularly dive with detectors off Daytona and areas around there. But I couldn't tell you where to look for the "official rule"."

The debate goes on...

 

[jwvanno]

It appears that the rules restricting the use of a metal detector off the beach apply only to the actual shipwreck sites that are under salvage contract.

The boundaries for the areas that are currently under contract can be seen in the 2003 project report at the web address:

http://www.imacdigest.com/2003rep/Florida East Coast Shipwreck Project.htm

The formatting of the page is goofy, but the information is there. The boundary information is listed in great detail a little less than 1/2 way down the page.

I assumed that Brevard County Sherriff's office would be the ones to be called in the event of "tresspassing", and that they would be the people to enforce any laws concerning using a MD in other areas. When I called them, I ended up talking to three different people who didn't know of any law or restriction for using a MD off the beaches, or in the Indian River Lagoon, and they recommended I contact Florida Marine Patrol.

Officer Simmons of the Titusville branch of FMP ((321) 383-2740) said that he didn't know of any regulations prohibiting the use of a MD offshore or in the Indian River Lagoon.

He asked other staff members in the office while I was on hold and after a few minutes, came back to me to let me know that the only restrictions on using a metal detector in state submerged lands, that they are expected to enforce, are the restrictions within the boundaries of the wreck sites around Sebastian to Vero and any area that is designated as a State Park. (Which has rules linked above by twanderson)

So the bottom line is we are free to use a metal detector while SCUBA or freediving as long as we stay out of the state park areas and outside of the boundaries set aside for current salvage operation. There are no laws that any of the local law enforcement agencies know about which in any way limit the use of a metal detector in Florida Submerged Lands other than those two areas.

Of course, if anyone can find one anywhere, and all of the above info is wrong, please let the board know and keep us all out of jail.

Thanks!

 

[Bill51]

Of course, if anyone can find one anywhere, and all of the above info is wrong, please let the board know and keep us all out of jail.

Thanks!

Thank you for the research and work. It looks like there is some grey areas in the laws as to what you can do with what you find, and some state agencies may be interpreting the laws differently, but at least this is the start of a good defense.

Now to start shopping for an MD.

 

[wreckdiver1715]

I have been told over and over that you can not use a metal detector under water in Florida without a permit, especially along the Treasure Coast of Florida. This is just plain false. There are no Florida laws that prohibit you from diving with a metal detector. It is true however, that you must stay out of leased sites, and out of some protected habitats with your detector. Additionally, you must abide by Florida law should you find anything on the bottom and recover it. As a diver you are responsible for knowing these laws and locations before you dive with your detector.
You can dive on these wrecks on the treasure coast if you so desire. However, be advised that you should not have a metal detector in the lease sites, and you must stay 300 feet away from the dive boats that are working the leases, and don’t bring the detector within 3,000 yards of the GPS coordinates listed below.
Don’t take my word for it… The following excerpt is from the contract between the state and the Mel Fisher group in Sebastian Florida. (http://www.imacdigest.com/) Do the research!!!! It’s all a matter of public record.
BENT ANCHOR S32G 27.55.7N X 80.29.12W; East to 27.55.7N X 80.28.57W; South-southeast to 27.53.28N X 80.27.24W; West to 27.53.28N X 80.27.68W; then follow the mean low tide line to point of beginning.
CABIN WRECK S27 27.49.8N X 80.25.55W is the center point of a 3,000 yard radius excluding all land west of mean low tide line.
DOUGLAS BEACH S26 27.25.3N X 80.16.50W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
POWER PLANT S25 27.21.2N X 80.13.65W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
ANCHOR WRECK S23 27.48.2N X 80.24.70W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
SPRING OF WHITBY S23 27.46.0N X 80.23.83W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
RIO MAR S23 27.38.3N X 80.20.90W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
SANDY POINT S23 27.35.8N X 80.19.65W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
UNKNOWN S23 27.19.0N X 80.12.30W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.
CORRIGANS WRECK S25 27.46.2N X 80.22.67W is the center point of a 3,000 yard radius excluding all land west of the mean low tide line.