You’re diving a wreck and spot an interesting artifact you’d like to bring to the surface. What should you do? Most often, it’s best to leave the artifact in place, where others can encounter it in context of the wreck; sometimes though, the site you are diving isn’t one that sees a lot of traffic, or it’s a brand new wreck you’ve just discovered, if you’re fortunate! Knowing shipwreck salvage laws that apply to the areas you dive in can help to keep you out of hot water. Here are some basics to get you started.
Why Salvage Laws?
You might be wondering why salvage laws exist. There are many reasons, but the most significant is that archaeologists and historians want to preserve wreck sites intact, if possible. This allows museums to display choice artifacts that have been professionally recovered and preserved, and it allows other divers to enjoy visiting wreck sites.
Some salvage laws have been set in place to protect underwater burial sites such as warships that were lost with entire crews; others have been enacted to prevent divers and casual underwater treasure hunters from damaging historically significant wrecks. It’s important to respect these laws not just to protect the wrecks and artifacts they cover, but to help prevent more restrictions from being placed on recreational divers who want to see important shipwrecks for themselves.
Why Remove Artifacts?
Some artifacts – those not covered by salvage laws – might not survive underwater once they’ve been uncovered. The force of a collapsing beam, the power of a storm that stirs substrate, or carelessness on the part of divers who visit after you do could cause them to be destroyed. Some delicate artifacts such as portholes with the glass intact, china, and glass bottles are particularly vulnerable, and they can be displayed in private collections or donated to local maritime museums where others can enjoy them. Remove artifacts only if you are willing and able to preserve them or pass them on to someone who can do so on behalf of the public.
Understanding Local Salvage Laws
Shipwreck salvage laws vary widely from one place to the next, as do antiquity protection laws. Different artifacts are covered by different laws, and your ability to recover items is often affected not just by your location, but by what specifically you are hoping to recover. Before you start looking for sunken treasure, be sure to review the Abandoned Shipwreck Act of 1987, which effectively transfers the titles of wrecks to the states governing the waters in which they lie. According to the National Park Service, these include the following:
“Abandoned shipwrecks embedded in a State's submerged lands; abandoned shipwrecks embedded in coralline formations protected by a State on its submerged lands; and abandoned shipwrecks located on a State's submerged lands and included in or determined eligible for inclusion in the National Register of Historic Places.”
Most wrecks in international waters (at least 3 miles offshore) are fair game for those hoping to claim items found underwater, however salvage laws still apply. Before removing any artifact from a wreck for any reason, be sure that you are well-versed in all applicable laws. Failure to follow them can result in stiff penalties including fines, jail time, and confiscation. If in doubt, photograph what you find and enjoy the memory of discovery.