Removing items from the USS Oriskany (interesting dilemma)

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OK, Bill Horn from the Florida Fisheries Commission has confirmed that it is a felony to damage any reef (natural or artificial) in the State of Florida waters. This would include the Oriskany.
 
NetDoc:
OK, Bill Horn from the Florida Fisheries Commission has confirmed that it is a felony to damage any reef (natural or artificial) in the State of Florida waters. This would include the Oriskany.

Ouch!
 
A felony? Well, that is good to know. I have to say that if Capt. Thorsen knew it was a felony, he would not be allowing it. I wonder how many other dive ops or divers for that matter, in the area don't know that?
 
King Kong Matt:
I would readily welcome him here, but I think we are reading his responses slightly differently. Was it your sense that he "understands" what we are talking about? If so, then my reading unit is probably on the fritz because I saw someone who did his best to avoid every question put to him and who never admitted that he in fact made an error in judgment.
Yeah Matt,

I think I see a real change from his first post to his last post. I applaud that change, for after all it's what we are all about here: becoming better divers.

As a dive professional, i would have never taken anything from the Oriskany due to my ethics and NOT my understanding of the law. Now I know that ALL reefs are protected by the State: artificial and natural. "Screamers" (real wrecks) do not fall under that category but may still be protected depending on their historical significance and/or location.
 
Matt I think your right. The problem is he is NOT going to admit anything. If he does then there is a copy of it that could be used to convict him in court."or so he thinks" Thus dancing around the questions. If he cares for the safety of his divers then he should know the laws and the dangers of that ship. This is not the only ship wreck in Florida right so if the laws are the same on all why would this ship be different.....Mark great job guys
 
NetDoc:
Yeah Matt,

I think I see a real change from his first post to his last post. I applaud that change, for after all it's what we are all about here: becoming better divers.

.

Agreed his tone has changed from the first one.

Hopefully with the authorities involved the parts can be retrieved from the person who took them and possibly be back where they belong.
 
Great job, guys! I have to say that this is one of the threads that not only exposes a serious, "real-life" situation, but has done much to inform, illuminate, and perhaps even persuade readers and participants about courses of action that should be taken. (Of course, that's the supposed reason for all the threads here, but you have to admit...some of them are not quite as "deep" as this one is.)
I stayed silent on this issue up to this point simply because I do not know the legalities of the issues involved. Much of my ocean diving is made in an NMS where the laws and regulations are very explicit and they are enforced rigorously by the boat captains servicing the area. In those areas, anything that winds up in the NMS and has ANY growth or sedimentation on it becomes PART OF the reef and subsequent removal is illegal. In orther words, a discarded Coke can that has a crab in it is no longer trash...it's part of the reef. Same thing with fishing line and such. Under those circumstances, taking something like parts of an artificial reef is out of the question, so that's why I'm a bit incredulous that anyone would have the audacity to do so.
Still, the purpose of this board is to make a real difference and impact the way divers and dive operators conduct their business underwater. This thread and all who have contributed input to it have certainly done so in the last couple of days. Well done! I thank you all for the lessons taught and learned here.
 
Unfortunately, Sunshine laws prevent Mr Turpin from posting on our forum. However, he has sent me an e-mail and has asked that I post it for him. You can be sure that they are following this thread with interest. We had quite a lengthy discussion and he assures me that he has spoken with every Dive Op he knows and has let them know that NOTHING is to be removed. There were some navigational aids (lights, etc) that were salvaged when the wreck first went down, but this was a part of the entire sinking operation.

Per Mr Turpin's request, I have posted his E-Mail unaltered and in it's entirety.

Robert Turpin:
Mr. Murray,

Thank you very much for contacting me regarding the removal of items from Ex-Oriskany. As the Project Manager for the County, I am responsible for the Oriskany and our other artificial reefs. Oriskany was reefed as a combined effort of Escambia County Marine Resources Division, Florida Fish and Wildlife, and Navy's Inactive Ships Program Office.

It is unlawful to remove any part of Oriskany, and these activities could jeopardize the entire "Ships to Reefs" program if it appears that stakeholders cannot be trusted to comply with the Navy's regulations. I foresee Oriskany veterans complaining that "robbers" are removing parts of their old ship (I hope we don't see anything offered on EBay!!).

It would be unfortunate for the Navy to reef all future ships deeper than 400 feet to deter theft. The "Reef-Ex" counterpart, called "Sink-Ex", consists of deepwater (6000 feet) sinking by military weaponry. As you can imagine, there are many Navy folks that prefer this method because the cleanup standards are less rigorous than Reef-Ex.

The Oriskany Reef is being closely watched by the Navy as the "test case" for future reefings. Until now, we have demonstrated a high degree of success. It would be a shame to kill all that success by the actions of some of the people we have tried to serve.

Please feel free to post my answer to your question on your website.

Sincerely,
Robert Turpin, Chief
Escambia County Marine Resources Division
 
NetDoc:
Per Mr Turpin's request, I have posted his E-Mail unaltered and in it's entirety.

Thanks for the effort with the follow-up Pete. Did Mr. Turpin indicate when he had his conversations with the various ops? In other words, did Mr. Turpin seem to be of the opinion that all dive boats visiting the Oriskany should be "in the know" in regards to the various regulations in place?
 
This was sent by Mr Bill Horn:

Bill Horn:
To whom it may concern (I did not get your name)

It is this office’s opinion that it is vandalism to remove or destroy part of an artificial reef like the Oriskany.

The Florida Fish and Wildlife Conservation Commission holds title to this vessel, because we hold the permit to the artificial reef site. We signed a vessel title transfer agreement with the Navy. In my opinion, this is not a salvageable wreck in the open ocean, since it is an intentionally placed artificial reef intended for fisheries habitat.

I am not an attorney, nor is this a legal opinion

We are researching the legal aspects of this issue and will let you know soon about what we find out.

This is certainly not black and white.

We appreciate this discussion and look forward to coming up with a final determination.

Bill Horn

PS-We dove the ship yesterday and it is looking good, see the attached photo.

William Horn

Fisheries Biologist IV

Artificial Reef Program

620 South Meridian Street, Maibox 4B-2

Tallahassee, Florida 32399

Florida Fish and Wildlife Conservation Commission www.myfwc.com

PH: 850-922-4340 ext 208
 

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