CrawfishDiver
Contributor
Does anyone know where to find salvage laws for fresh water? I am in Louisiana trying to figure out who would govern that.
Salvage Laws
- Thread starter CrawfishDiver
- Start date
Please register or login
Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.
Benefits of registering include
- Ability to post and comment on topics and discussions.
- A Free photo gallery to share your dive photos with the world.
- You can make this box go away
BRANDY
Contributor
I dont know the first thing about it but I would start with a game warden
Check with the Minerals Management Service for offshore questions. I am sure the state archaeologist's office can provide what you need as well. Also, you can check http://www.admiraltylawguide.com/.
thanks
L
thanks
L
Gilldiver
Contributor
In the US each State have their own laws. If I recall correctly in LA everything older then 50 years is "Cultural Heritage" and is own by the State in all fresh water. I do not know how this applies to privately own bodies of water.
Some States may make a distinction between Salt and Fresh water but not many.
In NY the State owns all objects older then 50 years in Freah or Salt State waters.
Most State waters will only go out 3 miles into the ocean. On enclosed waters, such as bays and sounds State waters may extend much further. All Of Long Island Sound is State Waters of NY and CT even though the Sound is up to 14 miles wide.
Some States may make a distinction between Salt and Fresh water but not many.
In NY the State owns all objects older then 50 years in Freah or Salt State waters.
Most State waters will only go out 3 miles into the ocean. On enclosed waters, such as bays and sounds State waters may extend much further. All Of Long Island Sound is State Waters of NY and CT even though the Sound is up to 14 miles wide.
If you are planning to salvage a wreck, the main law you have to contend with is the abandoned shipwreck act of 1987.
http://www.cr.nps.gov/local-law/FHPL_AbndShipwreck.pdf
In this act, the federal government asserts ownership over all "abandoned" wrecks resting on or imbedded in the ground under water controlled by the states and transfers ownership and control over to the states. Under the act, states are supposed to enact appropriate laws and regulations for the conservation and use of such wrecks. You need to check with your individual state to see what laws and regulations are on the books.
http://www.cr.nps.gov/local-law/FHPL_AbndShipwreck.pdf
In this act, the federal government asserts ownership over all "abandoned" wrecks resting on or imbedded in the ground under water controlled by the states and transfers ownership and control over to the states. Under the act, states are supposed to enact appropriate laws and regulations for the conservation and use of such wrecks. You need to check with your individual state to see what laws and regulations are on the books.
OP
CrawfishDiver
Contributor
thier is a large house boat been down about 3 years. One pontoon is out of the water the other in the mud. I will start with the game warden.
JEScholz
Contributor
You might want to see if you can find a registration number, trace that back to the owner and see if the insurance company paid off.
james croft
Contributor
When it comes to boats in inland waters, the state game warden is the man. They normally have the titiling responsibility for vessels in the majority of states. At the very least they can give you owners info based on the state registration number or the VIN (vessel I. D. Number). Check with the boat section and Marine Theft section in Baton Rouge. They deal with this stuff all the time. No sense raising or salvaging vessels in inland waters that federal maritime salvage laws do not pertain to. It is similar to finding a class ring with the name on it. Some states can charge you with larceny for not returning it if they feel you can ID the owner. Often the sunken boat belongs to State Farm or Geico, etc. and you can work out a deal for the title and be legal. This is not legal advice as laws vary from state to state but is based on my experience dealing with this kind of matters and dealing with boat registrations and marine theft cases. I would hate to go through the trouble of salvaging the vessel and have the game warden hook it. Good luck and Get 'Er Done!
james croft
Contributor
Crawfishdiver,
PM for additional info. The Captain of the marine theft section is a buddy of mine and he can help steer you right.
PM for additional info. The Captain of the marine theft section is a buddy of mine and he can help steer you right.
BRANDY
Contributor
This sounds like the best way to go. As I said before the water cops (game wardens) know the laws and am willing to bet have come across this before. Instead of going out there and having to say "section 2 of the law states" and so on you will have the guys that patrol the water on your side .james croft:
Similar threads
