. . In a previous IMAC article www.imacdigest.com/where.html I addressed the question of why agencies of the US government intervened against the rights of US citizens granted by the Federal District Courts under Admiralty Law.

. . Subsequent investigation unveils a conundrum of unimaginable dimensions. The litany of agencies and players involved is staggering. In the Final Draft Management Plan for the Florida Keys National Marine Sanctuary, Submerged Cultural Resources Action Plan, I discovered an interesting question (page 186, paragraph 4a), "Is the Submerged Cultural Resource (SCR) owned by the State, or is it subject to sovereign immunity or other sovereign interest, i.e. Florida, US, or foreign government?"

. . The question is redundant because the authorities that justify the existence of the Sanctuary clearly define the answer. "The Sanctuary was established under the Florida Keys National Marine Sanctuary and Protection Act, Public Law No. 101-605, 104 Stat 3089 (Nov. 16, 1990). Section 5 (a) of the FKNMS PA expressly provides that the Florida Keys National Marine Sanctuary be managed under all applicable provisions of the NMSA, as amended 16 USC 1431 et seq.

. . The management and protection of the historic resources in the FKNMS are administered in accordance with the FKNMS PA, the NMSA, and the Abandoned Shipwreck Act (ASA). The ASA, 43 USC 2101-2106, transferred title to abandoned shipwrecks on state's submerged lands to the state. The designation of the sanctuary does not alter the State of Florida's title to abandoned shipwrecks on state submerged lands, The ASA guidelines specifically provide for private sector participation in shipwreck research projects and recovery.

. . Since NOAA's primary policy is to protect sanctuary resources, including submerged cultural resources, titled the state by the ASA, then why did the Justice Department, NOAA and the National Park Service undertake efforts to convince Spain they should claim ownership of Spanish shipwrecks in state territorial waters?

. . A recent decision on the definition of "abandonment" has created, yet another legal quagmire. The internationally accepted tradition of the Law of the Sea has a long and consistent pattern for establishing abandonment. Due to the United States filing a verified claim on behalf of Spain the court found that United States lacked authority to appear on behalf of Spain. The court granted Spain 90 days to file a claim of their own. No such action had been considered over the past 270 years and the salvor was denied his previously granted Admiralty Arrest on a shaky interpretation of the law. It is not possible to comprehend how giving away the public's resources from State territorial waters to foreign power could be considered "protecting state resources."

. . In a letter dated January 11, 1965 the Ambassador of Spain, Marquis de Morry del Val stated, "There is no doubt that the Spanish state may not claim any title to said treasure in Florida for the following reasons:

1) "If the discovery is considered "marine salvage" the owner of the ship and/or merchandise would have lost all rights because he abandoned any attempt of recovery."

2) "If the discovery is considered a discovery of a treasure in the territory under the jurisdiction of a state, the laws of this state will determine title to the treasure."

3) In most cases extinctive prescription would act against any right possibly reclaimed by a previous owner."

. . The continuing efforts to undermine existing law to the detriment of US citizens is inexcusable and reprehensible. Maybe it would be helpful if these bureaucrats paid heed to former Florida Secretary of State, Katherine Harris who said "All current commercial salvage contracts in Florida are overseen by the Federal Courts and represent a traditional arrangement under admiralty jurisdiction that has remained unchanged for 15 years." Florida's experience has shown that a cooperative relationship with salvors can have a public benefit."

. . UNESCO, FKNMSPA, NMSA, FDC, DOJ, NOAA, DOC, NPS, USSD, ASA, FAP, NHPA, FDHR, ASAG, FDS, FDEP, SCRMP, EAP, SHPO, ACHP, EPA and a myriad of others all play some role in regulating commercial salvage. It is a wonder that anything has ever been recovered, preserved, restored, curated or put on display in a maritime museum at all.