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Contributor
Revised Navy Sunken and Terrestrial Military Craft Permitting Guidelines Published in Federal Register
Story Number: NNS150831-07Release Date: 8/31/2015 10:16:00 AM
From Naval History and Heritage Command
(Snip)
The Sunken Military Craft Act itself remains unchanged. The permitting processes being established do not amend or change the SMCA, or in any way expand the stated prohibitions of the act. Activities such as fishing, snorkeling and diving which are not intended to disturb, remove, or injure any portion of a sunken military craft are still allowed without the need for a permit.
(Snip)
While unauthorized disturbance of sunken military craft will continue to be prohibited, actions of the U.S. government, or those acting at its direction, including commercial salvage entities under contract with the U.S., will continue to be allowed. The commercial salvage industry may therefore continue to operate through federal contracts and in coordination with the U.S. Government irrespective of the promulgation of the proposed regulations.
Similarly, recreational divers or commercial and sport fishermen may continue to operate over and around DON sunken military craft without requiring a permit as long as they do not intentionally or negligently disturb, remove, or injure them and their contents.
(Snip)
http://www.navy.mil/submit/display.asp?story_id=90858
Upcoming Permitting Program Revisions
Revisions to Rule 32 CFR 767 will take effect on 1 March 2016
(Snip)
Q: Is diving permitted on sunken military craft? What about penetrating wrecksites?
The revised regulations do not prohibit or discourage responsible diving in the vicinity of sunken military craft. The U.S. Navy views responsible members of the diving and snorkeling communities as stewards and effective ambassadors for the protection and preservation of sunken military craft. Sunken military craft may often serve as war or maritime graves, contain environmental or public safety hazards, or hold inherent historical value. Responsible divers should recognize their limits and skill levels, and should approach sunken military craft with care and respect.
Unless there is intent to disturb a sunken military craft, or a diver is acting negligently, accidental disturbance resulting from diving in the vicinity of a sunken military craft is not viewed by the U.S. Navy as a violation of the Act. Examples of accidental disturbance would include inadvertently brushing the side of a vessel with a fin, or dropping a flashlight on an artifact without meaning to do so. Intentional disturbance remains a violation and will be treated accordingly.
Despite the dangers associated with penetration diving, the penetration of a wrecksite is not typically an activity that the U.S. Navy can or does prohibit. Divers should be aware, however, that penetrating a wrecksite dramatically increases the risk and likelihood of their activities causing the disturbance, removal, or injury of a sunken military craft. Accordingly, if a diver penetrates a known sunken military craft and disturbs, injures, or removes it, the U.S. Navy may consider the divers actions as negligent and take appropriate action. Divers are not authorized to open hatches, remove elements, or open new penetration paths as this would be considered site disturbance.
Q: What does disturbance, removal or injury of a sunken or terrestrial military craft mean?
Disturbance means to affect the physical condition of any portion of a sunken military craft or terrestrial military craft, alter the position or arrangement of any portion of the craft, or influence the wrecksite or its immediate environment in such a way that any portion of a crafts physical condition is affected or its position or arrangement is altered.
Removal means to move or relocate any portion of a sunken military craft or terrestrial military craft by lifting, pulling, pushing, detaching, extracting, or taking away or off.
Injury means to inflict physical damage on or impair the soundness of any portion of a sunken military craft or terrestrial military craft.
Q: Do I need a permit to dive on officially established artificial reefs that are based on former U.S. Navy vessels?
The DON does not intend to restrict access to former U.S. Navy vessels purposefully sunk to establish artificial reefs such as the ex-Oriskany and the ex-Arthur W. Radford. In both of these instances, title to the vessels was transferred to the respective state authorities. Elsewhere, such as in the cases of ex-Vandenberg and ex-Spiegel Grove, the United States transferred title to the local governments in the state of Florida. It is important to note that while no permit is required from the U.S. Navy to dive on these former U.S. Navy vessels, other permits may be required, such as those that might be issued by the National Oceanic and Atmospheric Administration.
Q: Do I need a permit to fish around a sunken military craft? What if I disturb one with my nets without knowing it was there?
The Sunken Military Craft Act does not affect the laying of cables or pipelines, the operation of vessels, or fishing, as long as those activities are not undertaken as a means to covertly disturb, remove, or injure a sunken military craft (e.g. using ones fishing nets with the purposeful intent of recovering artifacts). Accordingly, a permit is not required for fishing around a sunken military craft, and accidentally disturbing a site by inadvertently running fishing nets through it is not a violation of the Act.
(Snip)
Q: How am I supposed to know what shipwrecks or aircraft wrecks are considered sunken military craft under the jurisdiction of the DON?
Many sunken military craft are well known dive sites, including designated dive preserves such as USS Narcissus and U-1105. The location of other sunken military craft may not be precisely known or remains undisclosed. Sunken military craft are often recognizable by the presence of weapons, ordnance, insignia and military form of design. If a diver believes their activities may be directed at a sunken military craft, they should avoid disturbing, removing, or injuring the wrecksite. If there is an interest in seeking a permit for an unknown vessel for archaeological, historical, or educational purposes, requestors should attempt to ascertain the vessels identity or origin. In the event research or evidence suggests it is potentially a sunken military craft, requestors are encouraged to contact the Underwater Archaeology Branch of the Naval History & Heritage Command (NHHCUnderwaterArchaeology@navy.mil) to corroborate its status and determine whether it could fall under the jurisdiction of the Navy.
No permit is required so long as there is no disturbance, injury, or removal of the craft or its associated contents.
Q: What are the repercussions for disturbing, removing, or injuring a U.S. Navy sunken military craft without authorization?
Those who engage in activities directed at sunken military craft that disturb, remove or injure them without authorization are subject to the punitive provisions of the Sunken Military Craft Act, which include civil penalties, in rem liability of the vessel from which a violation occurred, liability for damages, and reimbursement of enforcement costs. The revised regulations outline the procedure through which the U.S. Navy would engage in the enforcement provisions of the Act.
Q: What should I do if I or someone I know is in possession of materials and artifacts recovered from a U.S. Navy sunken military craft and desire(s) to return them to the Navy?
If a member of the public is in possession of artifacts recovered from a DON sunken or terrestrial military craft without authorization, they are encouraged to contact the Underwater Archaeology Branch of the Naval History & Heritage Command (NHHCUnderwaterArchaeology@navy.mil) to receive guidance on returning the material to the U.S. Navy, the acting steward of the public property. The primary interest of the U.S. Navy is in the conservation, study, preservation, and interpretation of the recovered material. Unauthorized ongoing disturbance of a sunken military craft is not acceptable and will be treated as a violation of the Sunken Military Craft Act.
Q: Does the Sunken Military Craft Act override state jurisdictions on the management of sunken craft afforded to the states by the Abandoned Shipwreck Act of 1987?
The Sunken Military Craft Act and the Abandoned Shipwreck Act of 1987 each address a separate set of underwater cultural resources. Unless title to the sunken military craft has been expressly abandoned, title has not been transferred to the States for management under the Abandoned Shipwreck Act. As described in the Abandoned Shipwreck Act Guidelines (55 FR 50116): Although a sunken warship or other vessel entitled to sovereign immunity often appears to have been abandoned by the flag nation, regardless of its location, it remains the property of the nation to which it belonged at the time of sinking unless that nation has taken formal action to abandon it or to transfer title to another party. The Sunken Military Craft Act is consistent with the Abandoned Shipwreck Act and its associated guidelines and does not impart on the Federal Government additional rights at the expense of States rights.
http://www.history.navy.mil/research/underwater-archaeology/policy-and-resource-management/upcoming-permitting-program-revisions.html
FEDERAL REGISTER
Vol. 80 Monday,
No. 168 August 31, 2015
Part III
Department of Defense
Department of the Navy
32 CFR Part 767
Guidelines for Permitting Archaeological Investigations and Other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy; Final Rule
(Snip)
http://www.gpo.gov/fdsys/pkg/FR-2015-08-31/pdf/2015-20795.pdf
(Snip) = Irrelevant material deleted
Story Number: NNS150831-07Release Date: 8/31/2015 10:16:00 AM
From Naval History and Heritage Command
(Snip)
The Sunken Military Craft Act itself remains unchanged. The permitting processes being established do not amend or change the SMCA, or in any way expand the stated prohibitions of the act. Activities such as fishing, snorkeling and diving which are not intended to disturb, remove, or injure any portion of a sunken military craft are still allowed without the need for a permit.
(Snip)
While unauthorized disturbance of sunken military craft will continue to be prohibited, actions of the U.S. government, or those acting at its direction, including commercial salvage entities under contract with the U.S., will continue to be allowed. The commercial salvage industry may therefore continue to operate through federal contracts and in coordination with the U.S. Government irrespective of the promulgation of the proposed regulations.
Similarly, recreational divers or commercial and sport fishermen may continue to operate over and around DON sunken military craft without requiring a permit as long as they do not intentionally or negligently disturb, remove, or injure them and their contents.
(Snip)
http://www.navy.mil/submit/display.asp?story_id=90858
Upcoming Permitting Program Revisions
Revisions to Rule 32 CFR 767 will take effect on 1 March 2016
(Snip)
Q: Is diving permitted on sunken military craft? What about penetrating wrecksites?
The revised regulations do not prohibit or discourage responsible diving in the vicinity of sunken military craft. The U.S. Navy views responsible members of the diving and snorkeling communities as stewards and effective ambassadors for the protection and preservation of sunken military craft. Sunken military craft may often serve as war or maritime graves, contain environmental or public safety hazards, or hold inherent historical value. Responsible divers should recognize their limits and skill levels, and should approach sunken military craft with care and respect.
Unless there is intent to disturb a sunken military craft, or a diver is acting negligently, accidental disturbance resulting from diving in the vicinity of a sunken military craft is not viewed by the U.S. Navy as a violation of the Act. Examples of accidental disturbance would include inadvertently brushing the side of a vessel with a fin, or dropping a flashlight on an artifact without meaning to do so. Intentional disturbance remains a violation and will be treated accordingly.
Despite the dangers associated with penetration diving, the penetration of a wrecksite is not typically an activity that the U.S. Navy can or does prohibit. Divers should be aware, however, that penetrating a wrecksite dramatically increases the risk and likelihood of their activities causing the disturbance, removal, or injury of a sunken military craft. Accordingly, if a diver penetrates a known sunken military craft and disturbs, injures, or removes it, the U.S. Navy may consider the divers actions as negligent and take appropriate action. Divers are not authorized to open hatches, remove elements, or open new penetration paths as this would be considered site disturbance.
Q: What does disturbance, removal or injury of a sunken or terrestrial military craft mean?
Disturbance means to affect the physical condition of any portion of a sunken military craft or terrestrial military craft, alter the position or arrangement of any portion of the craft, or influence the wrecksite or its immediate environment in such a way that any portion of a crafts physical condition is affected or its position or arrangement is altered.
Removal means to move or relocate any portion of a sunken military craft or terrestrial military craft by lifting, pulling, pushing, detaching, extracting, or taking away or off.
Injury means to inflict physical damage on or impair the soundness of any portion of a sunken military craft or terrestrial military craft.
Q: Do I need a permit to dive on officially established artificial reefs that are based on former U.S. Navy vessels?
The DON does not intend to restrict access to former U.S. Navy vessels purposefully sunk to establish artificial reefs such as the ex-Oriskany and the ex-Arthur W. Radford. In both of these instances, title to the vessels was transferred to the respective state authorities. Elsewhere, such as in the cases of ex-Vandenberg and ex-Spiegel Grove, the United States transferred title to the local governments in the state of Florida. It is important to note that while no permit is required from the U.S. Navy to dive on these former U.S. Navy vessels, other permits may be required, such as those that might be issued by the National Oceanic and Atmospheric Administration.
Q: Do I need a permit to fish around a sunken military craft? What if I disturb one with my nets without knowing it was there?
The Sunken Military Craft Act does not affect the laying of cables or pipelines, the operation of vessels, or fishing, as long as those activities are not undertaken as a means to covertly disturb, remove, or injure a sunken military craft (e.g. using ones fishing nets with the purposeful intent of recovering artifacts). Accordingly, a permit is not required for fishing around a sunken military craft, and accidentally disturbing a site by inadvertently running fishing nets through it is not a violation of the Act.
(Snip)
Q: How am I supposed to know what shipwrecks or aircraft wrecks are considered sunken military craft under the jurisdiction of the DON?
Many sunken military craft are well known dive sites, including designated dive preserves such as USS Narcissus and U-1105. The location of other sunken military craft may not be precisely known or remains undisclosed. Sunken military craft are often recognizable by the presence of weapons, ordnance, insignia and military form of design. If a diver believes their activities may be directed at a sunken military craft, they should avoid disturbing, removing, or injuring the wrecksite. If there is an interest in seeking a permit for an unknown vessel for archaeological, historical, or educational purposes, requestors should attempt to ascertain the vessels identity or origin. In the event research or evidence suggests it is potentially a sunken military craft, requestors are encouraged to contact the Underwater Archaeology Branch of the Naval History & Heritage Command (NHHCUnderwaterArchaeology@navy.mil) to corroborate its status and determine whether it could fall under the jurisdiction of the Navy.
No permit is required so long as there is no disturbance, injury, or removal of the craft or its associated contents.
Q: What are the repercussions for disturbing, removing, or injuring a U.S. Navy sunken military craft without authorization?
Those who engage in activities directed at sunken military craft that disturb, remove or injure them without authorization are subject to the punitive provisions of the Sunken Military Craft Act, which include civil penalties, in rem liability of the vessel from which a violation occurred, liability for damages, and reimbursement of enforcement costs. The revised regulations outline the procedure through which the U.S. Navy would engage in the enforcement provisions of the Act.
Q: What should I do if I or someone I know is in possession of materials and artifacts recovered from a U.S. Navy sunken military craft and desire(s) to return them to the Navy?
If a member of the public is in possession of artifacts recovered from a DON sunken or terrestrial military craft without authorization, they are encouraged to contact the Underwater Archaeology Branch of the Naval History & Heritage Command (NHHCUnderwaterArchaeology@navy.mil) to receive guidance on returning the material to the U.S. Navy, the acting steward of the public property. The primary interest of the U.S. Navy is in the conservation, study, preservation, and interpretation of the recovered material. Unauthorized ongoing disturbance of a sunken military craft is not acceptable and will be treated as a violation of the Sunken Military Craft Act.
Q: Does the Sunken Military Craft Act override state jurisdictions on the management of sunken craft afforded to the states by the Abandoned Shipwreck Act of 1987?
The Sunken Military Craft Act and the Abandoned Shipwreck Act of 1987 each address a separate set of underwater cultural resources. Unless title to the sunken military craft has been expressly abandoned, title has not been transferred to the States for management under the Abandoned Shipwreck Act. As described in the Abandoned Shipwreck Act Guidelines (55 FR 50116): Although a sunken warship or other vessel entitled to sovereign immunity often appears to have been abandoned by the flag nation, regardless of its location, it remains the property of the nation to which it belonged at the time of sinking unless that nation has taken formal action to abandon it or to transfer title to another party. The Sunken Military Craft Act is consistent with the Abandoned Shipwreck Act and its associated guidelines and does not impart on the Federal Government additional rights at the expense of States rights.
http://www.history.navy.mil/research/underwater-archaeology/policy-and-resource-management/upcoming-permitting-program-revisions.html
FEDERAL REGISTER
Vol. 80 Monday,
No. 168 August 31, 2015
Part III
Department of Defense
Department of the Navy
32 CFR Part 767
Guidelines for Permitting Archaeological Investigations and Other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy; Final Rule
(Snip)
http://www.gpo.gov/fdsys/pkg/FR-2015-08-31/pdf/2015-20795.pdf
(Snip) = Irrelevant material deleted
