The State of South Carolina is comparatively progressive about artifact recovery.
South Carolina waters (all inshore waters and lakes and rivers up to 3 miles or less offshore) are literally teeming with historical artifacts. The Beaufort/Charleston areas have seen European history here since the early 1500's, and prior to that, Native American history. Our local waters have seen the Revolutionary War, the Civil War, and the Spanish-American War.
Our area also is one of the only places in the world where a diver can retrieve fossils dating back tens of millions of years due to an exposed fossil bed called the Hawthorne Formation. This bed is sporadically exposed basically from about Georgetown, South Carolina to about Jacksonville, Florida... To include all of coastal Georgia. Unfortunately, Georgia's laws on artifact recovery are short and simple: It's illegal.
Florida's laws are less one-sided, and say that it's not illegal, but anything recovered is the property of the State of Florida. Usually, an artifact will be returned to the finder, but it's optional for the State to do that. Obviously, if the artifact had great value - either historical or monetary or even politically - the State has the right to keep the item and do whatever it wants to with it.
South Carolina, with it's rich history and small but very dedicated "blackwater" dive population, has come up with an interesting concept: Aware that most divers simply avoid reporting artifacts recovered - and unable to justify the costs involved in enforcing a "no take" rule like Georgia has (unsuccessfully, I might add) - the State created a small but effective project called "SDAMP," which stands for "Sport Diver Archaeology Management Program." This organization has the power to grant licenses like fishing licenses. Licensed artifact-hunting divers are able to dive and make retrievals of artifacts quite liberally, but must adhere to a set of laws that prohibits divers from using mechanical or air-powered means of excavation (this includes dredges and lifts and "mailboxes"). These laws also prohibit the use of lift bags and/or cranes, which is to imply that divers can make retrievals of artifacts (which are defined as more than 40 years old) if it's by hand and using only the floatation of their BCs. Additionally, all artifacts are to be reported quarterly, usually with a description and photograph and GPS location. When the artifacts get really interesting and/or valuable, a diver can expect to be contacted by SDAMP and possibly even asked to bring the item in for scientific evaluation.
Obviously, this protects the State's interests in our history and especially our Southern Heritage, of which this author has 18 generations.
Clearly, from the diver's perspective, this sounds like a bunch of pain-in-the-neck paperwork to fill out, and there seems to be a general consensus in divers to be secretive about their finds - after all, no governing body can confiscate something that they don't know about.
...Not so fast, though... There's some pretty cool things that this program offers divers. Firstly, through this program, State law grants the finder of the artifact possession of that artifact if they are a licensed diver and have adhered to all of the requirements of the license. In other words, the State recognizes that if you find something, it's yours. There is nothing like this in any other State, as far as I know. The State requires that you keep the item in your posession for 60 days following your quarterly report, so that they can see it if they need to... But after that, you are welcome to do with it as you wish, including sell it. This has wonderful ramifications... Now a diver can legally find something and legally sell it to a collector or museum where it can be shared with the general public. The diver is able to profit (and do more diving and find more artifacts), the State is able to scientifically categorize items and forensically study them (helping to create a historically accurate account), the collector/museum is able to collect and/or display the item, and the public is able to enjoy it and learn from it. Essentially, the SDAMP program has taken what was essentially a black market for artifacts and turned it into a legitimate business where everyone is enriched - in all ways - for the find.
The SDAMP program has also provided divers with classes and education regarding artifact recovery, artifact identification, and even shared locations where artifacts are likely to be found. It has created a place for divers to share knowledge and camaraderie in ways that are beneficial to all.
For the naysayers that still object to the concept of telling others about their finds (and it is very popular to be secretive, even though in this and many States it is illegal), it is a fact that the State of South Carolina has not confiscated one artifact since the inception of the SDAMP program. Simply put, the State wants to work with the divers, and there is benefit for all in it.
For the commercial divers like me, there's an additional benefit... When I report an artifact and that artifact is inspected by SDAMP, it helps to legitimize the find... That is, it authenticates the validity of my artifact. Sure, SDAMP has not done this on purpose (SDAMP is a scientific, archaeological organization and has little interest in the monetary value of artifacts), but nonetheless, it is a fact.
...Aside from that, let's face it... Unlike most divers here, I do this professionally. My company - a South Carolina sole proprietorship with a valid State-granted business license and a very expensive insurance policy - can not afford to have the legal liability of disadherence to the law. We must comply because we live and work here and have a professional reputation at stake.
...Which is why it's so offensive to be called a "looter." Far from it... We have worked with SDAMP, the University of South Carolina, the State of South Carolina, several historical societies (and are the only divers for many of them), and even done some diving and conservation on the Hunley submarine. We dive many historical shipwrecks and historical sites, and have every interest in ensuring that the history of South Carolina - my home for many generations - is preserved as much as possible and as accurately as possible. Yes, ultimately I am a commercial diver with a business to support, and it is no secret that I have a great interest in the financial gains brought by our diving... But ultimately, we are equally as interested in the preservation of history, especially as it pertains to our Southern Heritage.
Unlike many academians and businessmen alike involved in the submerged artifact business, I see equal value to both sides of the "fence." SDAMP is the best solution I have seen to bridging the gap between the two.
...Now if I could somehow help them to get more funding from the State, we'd all be happy.
Divers: You need to be licensed to recover artifacts here. No exceptions. And be honest - it's not only to everyone's advantage, but yours as well.