Published Wednesday, October 18, 2000, in the Miami Herald
Salvors: Are we sunk by ruling?
Council queried on shipwreck
rights
BY LISA FUSS
lfuss@herald.com
MARATHON -- A contingent of irate Keys treasure hunters turned out in a show of force Tuesday at the Marathon Government Center demanding answers to a complicated and highly controversial question: If Spain maintains ownership of thousands of shipwrecks lost off North America -- as decided in a recent appeals court ruling -- where does that leave the commercial salvor community?
Government authorities had few answers for the dozen or so local salvors who attended the Florida Keys National Marine Sanctuary Advisory Council meeting, which was moved from its usual Marathon Garden Club venue to accommodate the crowd on hand for the shipwreck discussion and an earlier sponging workshop.
The Washington, D.C.-based National Marine Sanctuary Program flew in its top gun, Deputy Director Craig McLean, to address council members and salvors regarding the ramifications of a July federal appeals court order that says Spain owns the wrecks of two Spanish warships that sank off the Virginia coast more than 200 years ago .
Should the ruling stand -- Virginia's Sea Hunt Inc. is appealing it to the Supreme Court this week -- the action would open the door for Spain and other foreign countries to take ownership of thousands of treasure ships lost off the United States over centuries of Spanish colonization. On the local front, the ruling could affect two Spanish military vessels from the lost 1622 fleet and four others from a 1733 Spanish fleet.
``This is an outrage, not only for salvors but for the American public. For Spain to be allowed to come in and steal from our shorelines is carnage to our cultural heritage,'' said Pat Clyne, vice president of Key West-based Mel Fisher Enterprises, which recovered millions of dollars worth of gold and jewels from the Spanish galleon Nuestra Señora de Atocha several years ago.
Ten representatives of the commercial salvor community, including Kim Fisher, son of late famed treasure hunter Mel Fisher, barraged sanctuary officials with tough questions. McLean did his best to provide answers but conceded that Spain would ultimately be the party to consult on the complex matter. A Washington, D.C.-based representative of Spain who consulted on the shipwreck issue was out of the country and could not attend the meeting, sanctuary officials said.
According to the federal appeals court ruling, the United States in supporting Spain ``seeks to insure that its sunken vessels and lost crews are treated as sovereign ships and honored graves, and are not subject to exploration or exploitation by private parties seeking treasures of the sea.''
Previously, owners of lost ships who didn't search for them within a set period of time surrendered their rights to the vessels, Clyne said. The U.S. Department of Justice sided with Spain, however, because the United States doesn't relinquish claims to its sunken Navy ships around the world. McLean contends that the United States must also respect Spain's rights to its lost vessels.
Sanctuary spokeswoman Cheva Heck said the issue will be raised at future cou ncil meetings..
R. Duncan Mathewson III, who represents submerged cultural resource interests on the Advisory Council, expressed deep concern.
``This has definitely opened up a huge can of worms,'' Mathewson said. ``Not only is this a legal problem, it's an archaeological problem and a resource management problem. . . . Is this going to open up the door for England, Holland, France and other countries that have shipwrecks off our coastline? If so, we have a whole different set of problems here.''