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Marine Heritage Laws

A SUMMARY OF LEGISLATION EFFECTING UNDERWATER CULTURAL HERITAGE

INTRODUCTION

This brief report summarizes and describes legislation related to marine heritage protection in Canada, the United States, the United Kingdom, and Australia. The work was done in support of the Nova Scotia Museum's review of its marine heritage resource management program, mandated by the Special Places Protection Act. The project was supported by Young Canada Works, Department of Canadian Heritage, and the Nova Scotia Museum.

Most jurisdictions are facing serious challenges in trying to identify and manage there marine heritage resources. Access to the underwater world has expanded greatly over the past fifty years as a result of technological advances made in SCUBA equipment and the increasing availability of mini submersibles, side scan sonar and magnetometers. These technologies provide the tools necessary for finding shipwrecks, which is the first step in managing the resource. Unfortunately, many of those involved in the search for shipwrecks are in it for private gain and have little or no consideration for the larger issues. Many laws have been put in place to slow the salvage of historic wrecks, but implementation has been hampered by lack of funds, difficulties in prosecuting crimes which take place out of site of most people, and attitudes fueled by a romantic notion of treasure hunting. Public outreach and education may be the key to improving sustainable management of the resource, but good laws are necessary to deal with the handful who act only out of their own interest.

Nova Scotia, on Canada's east coast, has a very rich marine history with literally thousands of wrecks scattered along its extensive shoreline. These wrecks are tangible evidence of the early history of the province, when Nova Scotian waters were filled with naval, merchant and fishing vessels from around the world. The intention of marine heritage protection laws is to protect and manage these important heritage resources for the benefit of all. It's too late for many wrecks due to years of salvage, souvenir collecting and damage from fishing activity. This makes it even more important to protect and wisely manage what is left.

The intention of this brief synopsis is to provide a series of snapshots of the existing state of marine heritage resource management, both in terms of legislation and programs. It is not comprehensive, and it is not meant to be a static document. As the World Wide Web greatly simplifies the task of providing wide access to current information, new and revised information will be added as it becomes available. If you are involved in the implementation of marine heritage legislation anywhere in the world, please help make this a source of current and comprehensive information by providing your input.

To this point, descriptions of Canadian provincial laws of Nova Scotia, New Brunswick, Newfoundland & Labrador, Prince Edward Island, Quebec, Ontario, Manitoba, Alberta, British Columbia and the Yukon Territory have been provided. Laws of the American States of Alaska, Massachusetts, Rhode Island, North Carolina, South Carolina, Maryland, Vermont and Florida have been described as well. Finally, laws of the United Kingdom (including Britain, Northern Island, Wales, and Scotland) and Australia have been outlined.

Country	Canada
Province/State	Nova Scotia
Title of Law	Special Places Protection Act
Type of Law	Provincial Statute
Citation	Chapter 438 of Revised Statutes,1989, amended 1990, c.45; 1994-95, c.17.
Administration	Department of Tourism & Culture, Nova Scotia Museum
Jurisdiction	Jurisdiction includes any land within the province, including land covered with water that has outstanding archaeological, historical, or palaeontological significance as a protected site.
Brief Discussion	All heritage objects recovered must be delivered to the Museum or other public institution which the Minister may designate, which objects become property of the Province. In 1980, the Special Places Protection Act replaced the Historical Objects Protection Act (1970). Potential conflicts of the exploitation vs. conservation type exist with the Treasure Trove Act. An extensive and varied coastline makes management difficult, as does a lack of financial and human resources. The diving community, although quite large and active, is not as well organized as in some jurisdictions, which makes communication difficult. A consultation process to develop a strategic approach to the marine heritage aspect of the Special Places Protection Act is currently underway.
Permit System	A heritage research permit is required for any person carrying out explorations or making excavations on any land in the Province, including land covered with water, for the purpose of seeking heritage objects. Heritage research permits are issued for archaeological, palaeontological, and historical research. Three types of permits are issued for archaeological investigations: archaeological reconnaissance, professional research; and archaeological impact assessment. Each has different requirements, and these are described in guidelines and posted on the Nova Scotia Museum Web Site. Applications for such a permit must be accompanied by a thorough description of the project, methodologies, and qualifications of the participants. The applicant must be competent to conduct the proposed research. A report on the work completed must be submitted within a specified period of time. There are no fees for the permits, and permits are valid only in the calendar year in which they are issued.
Penalties	Contravention of the Act or conditions of a heritage research permit is considered an offense and upon summary conviction, an individual may be fined up to $10,000, a corporation may be fined up to $100,000.

Country	Canada
Province/State	Nova Scotia
Title of Law	Treasure Trove Act
Type of Law	Provincial Statute
Citation	Chapter 477 of Revised Statutes,1989
Administration	Nova Scotia Department of Natural Resources, Registry of Mineral & Petroleum Titles
Jurisdiction	By license, a person may be granted the right to search in any part of the Province specified in the license for precious stones or metals in a state other than their natural state and to recover and retain the same upon payment to the Minister of a royalty thereon at such rate as the Governor in Council may prescribe.
Brief Discussion	The Act is parallel to the Province's Mineral Exploration Act, and is unique in Canada in that it provides a resource exploitation focus to heritage resources. Unlike true treasure trove, which deals with intentionally hidden 'treasure', this Act considers all "precious stones or metals in a state other than their natural state" as treasure. The Act's original intention, which was to deal with the alleged pirate treasure at Oak Island, has been broadened to deal with 'treasure' that is circumstantially found on shipwrecks. A Memorandum of Agreement between the two administering agencies requires the treasure trove licensees to obtain a heritage research permit or dispensation from the Nova Scotia Museum, administrators of the Special Places Protection Act.
Permit System	Upon application and payment of a fee, a license may be obtained through an Order in Council. The license allows a person to hunt for treasure on Crown lands or apply for access to private lands to do the same. A person, whether licensed or not, who discovers or recovers any precious stones or metals in a state other than their natural state or any treasure or treasure trove is required to report such findings to the Minister. The holder of a license may pay a royalty to the Minister to retain the treasure for his/her own use and benefit.
Penalties	No set penalties for contravention of the Act.

Country	Canada
Province/State	New Brunswick
Title of Law	Historic Sites Protection Act
Type of Law	Provincial Statute
Citation	1954, Revised Statute; Chapter H-6 amended in 1958, 1960-61, 1975, 1986, 1992, 1998.
Administration	Department of Economic Development, Tourism and Culture (Heritage Branch)
Jurisdiction	The Minister of Economic Development, Tourism and Culture may designate a site as historic thereby affording it protected status. No archaeological field research may be done in the province without a permit.
Brief Discussion	Artifacts are property of the Province and must be turned over to the New Brunswick Museum or the Archaeology Branch, Department of Economic Development, Tourism and Culture. New Brunswick provides subsidized Nautical Archaeology Society classes for interested divers. To date, there have not been any conflicts with sport divers.
Permit System	A New Brunswick Archaeological Field License is required for each separate project. A person may hold several licenses, and there is no fee for licenses. A licensee must hold an advanced degree in Archaeology (or its equivalent), as well as four months of field experience of which at least two months must have been in a supervisory position. A preliminary report must be filed thirty days after license expires and a final technical report must be submitted by March 31 of the following year.
Penalties	There are no specific penalties for shipwrecks beyond those used for Archaeology in general. There has been no cause to enforce penalties to this point. Damaging a site is a Category B or E offense under the Part II of the Provincial Offenses Procedure Act. Where the offense continues for more than one day, fines are calculated on a per day basis.

Country	Canada
Province/State	Newfoundland & Labrador
Title of Law	Historic Resources Act
Type of Law	Provincial Statute
Citation	Chapter H-4,1985
Administration	Department of Tourism, Culture and Recreation; Cultural Affairs Branch; Historic Resources Division
Jurisdiction	Jurisdiction includes in, on or forming part of the land within the province and 'land' includes land covered by water, whether fresh or salt.
Brief Discussion	All artifacts are property of the Crown. It is illegal to buy, sell, trade or otherwise dispose of or remove an archaeological object from the province. There is a clause whereby if a person dies who is in possession of an archaeological object, the executor of the estate is responsible for delivering the archaeological object to the Crown's possession. The Provincial Archaeology Office has received reports of people sport diving on historic wrecks and the RCMP have been called in to investigate, but no charges have been laid. It is generally felt that there are not enough human and financial resources to provide outreach and proactive programs
Permit System	A permit is required to conduct archaeological investigation for the purposes of discovering archaeological objects. This includes a survey or examination, whether or not it involves interference with or removal of the soil. Permits are issued for two broad categories: Archaeological Research and Impact Assessments. There is no fee for a permit and no set time limits for permits. Permits are evaluated on a case-by-case basis. Progress reports and final reports are required. The site must be restored to the condition it existed in prior to the investigation, where it is reasonably possible to do so.
Penalties	Contravention of the Act, regulations, or the conditions of a permit or the terms of easement or covenant is guilty of an offense and liable on summary conviction to a fine of not more than $50,000 or to imprisonment up to one year or both. Each day the offense continues constitutes a separate offense. Powers of peace officer may be vested in employees of the Division.

Country	Canada
Province/State	Prince Edward Island
Title of Law	Archaeological Sites Protection Act
Type of Law	Provincial Statute
Citation	Chapter A-17, 1987; amendments in 1988, 1993, 1995.
Administration	Prince Edward Island Museum and Heritage Foundation
Jurisdiction	The Minister of Education may designate any land as an archaeological site. Jurisdiction includes land, the bed or subsoil of inland or territorial waters of the province
Brief Discussion	All artifacts are property of the Crown (province). The Prince Edward Island Museum and Heritage Foundation is the public repository for artifacts. Fines for contravention of the Act are very small. The Act tends to be administered in a reactive rather than proactive way because of a lack of financial and human resources.
Permit System	A permit is required to conduct archaeological research. Only one type of permit is issued. Requests for permits are reviewed by a volunteer board, who make recommendations to the Minister of Education. Permits vary in duration depending on the nature of the project. There are no fees for the permit. A report must be furnished to the Minister of Education within twelve months of the date of issue of the permit.
Penalties	Contravention of Act, the terms of permit, or any direction of the Minister carries a maximum fine of $2,000

Country	Canada
Province/State	Quebec
Title of Law	Les Lois Sur Les Biens Culturels/Cultural Property Act
Type of Law	Provincial Statute
Citation	Revised Statutes, Chapter B-4,1972, revised in 73, 78, 82, 85, 86, 88, 91, 92, 93, 94, 96.
Administration	Minister of Culture and Communications
Jurisdiction	No specific protection is afforded explicitly to shipwrecks. An archaeological site is defined as a place where archaeological property is found. Archaeological property is defined as any movable or immovable property indicating historic or prehistoric human occupation. All cultural property may be recognized or classified in whole or in part by the Minister in accordance with this division (currently Culture and Communications). The Minister may, with the advice of the Commission, recognize any cultural property whose conservation presents a public interest (is in the interest of the public).
Brief Discussion	Some interesting notes - a list of cultural property that is recognized and classified by the Minister is published annually in the Gazette officielle du Quebec. Any cultural property that is recognized and classified may not be transported outside of the province without a permit. All classified cultural property must be kept in good condition. Discoveries of archaeological property must be reported to the Minister without delay. The Minister of Culture and Communications has a good working relationship with divers. For example, one diving organization Group de preservation des vestiges subaquatiques de Manicouagan has a stated objective to make divers and the general public aware of the need to preserve underwater archaeological remains. The group encourages its members to enroll in a Nautical Archaeology Society course. Many of their members have participated in underwater archaeology projects on a volunteer basis. As a result of the diving community's efforts, one shipwreck, The Empress of Ireland is permanently protected.
Permit System	There is only one type of archaeological research permit issued. The permittee must have a Master's Degree in Archaeology and a minimum of twenty weeks of field work. There is no fee for the permit. Permits are valid for one year. An annual report of activities must be submitted to the Minister. The information contained within the report is not publicly released, without the permit holder's permission, before five years has passed.
Penalties	Any person who contravenes the Act is liable to a fine of not less than $625 and not more than $60,700. Any person who assists another person in committing an offense is guilty of the offense as if he had himself committed it. Every person who, by his encouragement, advice or order, cause another person to commit an offense is guilty of that offense

Country	Canada
Province/State	Ontario
Title of Law	Ontario Heritage Act
Type of Law	Provincial Statute
Citation	Revised Statutes, Chapter O-18, 1990
Administration	Ministry of Citizenship, Culture, and Recreation, Archaeology and Heritage Planning
Jurisdiction	Property is protected by means of designation by the Minister. 'Property' means real property, but does not include buildings other than ruins, burial mounds, petroglyphs and earthworks. Act does not specifically state shipwrecks, but these can be considered 'property'.
Brief Discussion	All objects must be deposited in a public institution designated by the Minister. Ontario has a very active diving community that promotes underwater archaeology and preservation of historic wrecks for the enjoyment of all. Save Our Shipwrecks, founded in 1981, has as one of their stated goals, to help educate the diving community and the general public to protect Ontario's marine heritage. Another active diving group with similar goals is Protect Our Wrecks.
Permit System	An Archaeological Underwater License is required to conduct a general survey or to survey a site. The licenses are valid for one calendar year and expire each year on December 31. The licenses are issued for a specific geographic area. Conditions that are applied to the licenses are evaluated on a case-by-case basis. Applicants must be competent to conduct research and past conduct may be taken into consideration when deciding whether or not a permit will be issued. At the close of each field season a report must be submitted entailing the work completed. There are no fees for the licenses.
Penalties	Contravention of the Act by an individual yields a fine of not more than $50,000, one year imprisonment, or both. Contravention of the Act by a corporation yields a fine of not more than $250,000.

Country	Canada
Province/State	Manitoba
Title of Law	The Heritage Resources Act
Type of Law	Provincial Statute
Citation	12-May-86
Administration	Manitoba Culture, Heritage, and Citizenship
Jurisdiction	Law applies to archaeological objects on or beneath land in Manitoba, or submerged or partially submerged beneath the surface of any watercourse or permanent body of water in Manitoba. Certain sites can also be designated as protected by Minister.
Brief Discussion	There have not been many incidents of shipwreck diving, looting etc. Their emphasis is on co-operation - they want the information, not the actual objects. Province owns artifacts, however, right of custody is such that the private land owner has custody of artifacts found on his/her land, artifacts found on Crown land belong to the Crown. Custody can be transferred. Artifacts cannot leave Province without a permit. In the past, the Division has provided public talks/slide shows about the Heritage Resources Act. They have a variety of pamphlets about the Act and archaeology. Funding cutbacks over the past several years have affected the program negatively.
Permit System	Permits required to search or excavate for heritage objects There is only one type of permit issued. Permits are issued on a project-by-project basis. No specific time period, usually issued for summer field season. No fee for permits. No formal education needed for permits (license to collect). Stipulations and requirements issued on a permit-by-permit basis.
Penalties	Penalties for contravention of Act are $5,000 for an individual for each day the offense continues and $10,000 for a corporation for each day the offense continues. The judge may also order the convicted to pay costs associated with restoration, etc. of damaged artifacts.

Country	Canada
Province/State	Alberta
Title of Law	Alberta Historical Resources Act
Type of Law	Provincial Statue
Citation	Revised Statutes, Chapter H-8, 1980, amended 1983, 1987, 1989, 1991, 1992, 1994, 1995, 1996, 1997.
Administration	Provincial Museum of Alberta; Archaeological Survey of Alberta
Jurisdiction	Archaeological resource that is or was buried in land in Alberta or submerged beneath the surface of any watercourse or permanent body of water in Alberta.
Brief Discussion	Shipwrecks have not been a serious issue.
Permit System	Permits are required. Two types of permits are issued: Archaeological Research Permit or Mitigative Research Permit. Permit holders must have a post-graduate degree in archaeology or anthropology and must have completed a written thesis. Permit holders must have completed 24 weeks of supervised archaeology field work and 6 weeks of archaeology laboratory and/or curating. Permit holders must have previously completed a project similar in scope. Very detailed report, catalogue etc. must be submitted 180 days after expiration of license. Specimen collected must be delivered to a public institution 270 days after the expiration of the permit.
Penalties	Contravention of the Act or regulations (i.e. the Archaeological Research Permit Regulation) is considered an offense and carries a fine of not more than $50,000 or imprisonment of up to one year, or both. If a provincial Historic Resource is damaged or altered, the person may be charged restoration fees.

Country	Canada
Province/State	British Columbia
Title of Law	Heritage Conservation Act
Type of Law	Provincial Statute
Citation	1977, amended in 1994. Revised Statues 1996, Chapter 187, amended in1997.
Administration	Small Business, Tourism, and Culture; Archaeology Branch
Jurisdiction	Protects shipwrecks that are older than two years or have been abandoned. Jurisdiction includes land covered by water.
Brief Discussion	Previously known as the Archaeological and Historic Sites Protection Act, which was implemented in 1960. The Archaeological and Historic Sites Protection Act was amended in 1972 to include land covered by water, thus protecting shipwrecks. In 1977, the Archaeological and Historic Sites Protection Act was replaced with the Heritage Conservation Act. The Heritage Conservation Act was amended in 1994 and 1997. Artifacts collected must be deposited in a museum with curatorial capabilities. Persons cannot damage or alter a heritage wreck or remove any heritage object from a heritage wreck. The Archaeology Branch has a good working relationship with the Underwater Archaeology Society of British Columbia (UASBC). The UASBC essentially act as 'wardens' of underwater world. The Archaeology Branch also has a good working relationship with the Receiver of Wrecks, as they alert one another of potential conflicts. Looting of historic shipwrecks has not posed much of a problem, perhaps because many of the wrecks did not contain 'treasure'. The shipwrecks are used more as an underwater biological reserves for sport divers. The Archaeology Branch has produced an educational brochure which is distributed to various dive clubs, sites, and other users.
Permit System	Permits are required for archaeological research. There are no fees for permits, which are issued for a period of one year. Permit applicants must have demonstrated ability in underwater archaeology. Licensees must submit a report and completed shipwreck inventory and shipwreck recording forms to Minister following completed research.
Penalties	Individual maximum fines are $50,000 and/or imprisonment of not more than 2 years; corporation maximum fines are $1,000,000. If a corporation commits an offense, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offense also commits the offense and is liable.

Country	Canada
Province/State	Yukon
Title of Law	Yukon Act - Yukon Archaeological Sites Regulation
Type of Law	Provincial Regulation (Statute)
Citation	1956, Volume 90. Amended in 1978. (?)
Administration
Jurisdiction	The regulations do not specifically refer to shipwrecks or underwater sites. All 'archaeological sites' are protected. An archaeological site is defined as a site or work of archaeological, ethnological or historical importance, interest or significance or where an archaeological specimen is found, and includes explorers cairns.
Brief Discussion	Interesting point - the Minister may stipulate that artifacts be left in situ if they can be permanently preserved in situ as an object of scientific or historic interest. There are no set penalties for contravention of regulations. The Minister may designate a depository for specimens collected. Artifacts are property of the Territory. Have had difficulties with American entrepreneurs attempting to salvage aircraft from lake bottoms
Permit System	A permit is required for investigation or excavation of an archaeological site, and for removal or collection of archaeological specimens. A permit is valid for not more than 2 years from the date of issue. Permits are evaluated on a case-by-case basis (as far as credentials, etc.). There is no fee for the permit. Permitees are required to submit two copies of a report on work completed at the end of each field season. Any published report must be finished to the Minister in duplicate.
Penalties	No penalties outlined in Regulations.

Country	United States of America
Province/State	Alaska
Title of Law	Alaska Historic Preservation Act
Type of Law	State Statute
Citation	Title 41, Chapter 35, 1970, revised in 1992.
Administration	Office of History and Archaeology, Division Parks and Recreation, Department of Natural Resources.
Jurisdiction	The State has title to all historic, prehistoric, and archaeological resources situated on land owned or controlled by the state, including tideland and submerged land, and reserves to itself the exclusive right of field archaeology on state owned or controlled land. Certain groups may obtain permission from the state to study or display artifacts.
Brief Discussion	In the past four years, shipwrecks have become an issue. Previous to this, World War vintage air craft were an issue. Location of shipwreck must be kept confidential - only the Office has right to publicly disclose shipwreck location. Discrepancy in what is written in regulations and what information was given over the phone regarding permit regulations - for shipwreck research, principal investigator must have a Master's degree in Archaeology with underwater archaeology experience, a well designed research plan must accompany permit application, a state institution must be appointed to receive and conserve artifacts. Two types of shipwreck permits issued - Survey/Testing and Excavation/Removal. Pure research law, in the words of Russ Sackett. The law does not permit casual collection - it is a 'blanket' law.
Permit System	Permits may be issued for investigation, excavation, gathering and removal from the natural state of historic, prehistoric or archaeological resources of the state. Duration of permits varies - evaluated on a case-by-case basis. Regulations stipulate that permits may not be issued for longer than three years. There are no fees for permits. An individual applying for a permit must have a Bachelor of Arts or a Bachelor of Science in History or Anthropology with a specialization in Archaeology and a minimum of six months field work. Progress reports and final reports must be submitted to the director. Site must be restored to a satisfactory condition.
Penalties	It is illegal to appropriate, excavate, remove, injure or destroy, without a permit from the commissioner, any historic, prehistoric, or archaeological resource of the state It is also illegal to possess, sell, buy, or transport within the state, historic, prehistoric, or archaeological resource taken or acquired in violation of the Act. Contravention of the Act could result in either or both criminal penalties (fine plus imprisonment or both) or civil penalties (maximum fine of $100,000 for each violation - each artifact constitutes a separate offense).

Country	United States of America
Province/State	Massachusetts
Title of Law	Massachusetts General Law Chapter 6, Sections 179-180 and Chapter 91, Section 63.
Type of Law	State Statute
Citation	1973, amended in 1992 and 1996
Administration	Executive Office of Environmental Affairs, Massachusetts Board of Underwater Archaeological Resources
Jurisdiction	Shipwrecks are defined as abandoned properties, artifacts, treasure trove or sunken ships which have remained unclaimed for one hundred years or more or have a value greater than $5,000. Jurisdiction includes inland and coastal waters of Massachusetts. Coastal waters are waters within the rise and fall of the tide and the marine limits of the jurisdiction of Massachusetts (3 mile limit). Inland waters are all those waters in Massachusetts other than coastal water.
Brief Discussion	The Board compiles and publishes a list of exempt shipwrecks. Casual diving and artifact collection (no permit required) is permitted on these sites. Isolated finds are exempt from the permit process, however, an isolated finds application form must be filled out and submitted to the board. For underwater archaeological resources, the permittee is distributed 75% of the value of the recovered resource and 25% is distributed to the Commonwealth. The Board may elect to claim recovered resources, however, the Board will endeavour to respect any stated preferences of the permittee. As with other provinces and states, there are not enough financial and human resources to fully implement the law and to act in a more proactive manner. Fines may be collected by the enforcement agency (good incentive to enforce laws).
Permit System	Two types of permits are issued: reconnaissance and excavation. Reconnaissance permits are granted for non disruptive inspection and identification of an underwater archaeological resource and is characterized by minimal site disturbance. Reconnaissance permits are valid for one year and can be renewed. The fee for Reconnaissance permits is ten dollars per year. Excavation permits are granted to those who wish to uncover and/or recover archaeological resources through the use of disruptive investigation techniques. Excavation permits are granted for a period of one year, are renewable and cost one hundred dollars. Permits are exclusive, meaning that no others may have access to the site during the duration of the permit. Buffer zones are established around and between permit areas. Permittees are required to maintain detailed records and to submit a final report. The permittee is required to disseminate the results of his/her work within one year of the project completion date.
Penalties	Violation of law is a misdemeanour punishable by a fine of not more than one thousand dollars, six months imprisonment of both. Forfeiture of underwater archaeological resources.

Country	United States of America
Province/State	Rhode Island
Title of Law	Antiquities Act of Rhode Island
Type of Law	State Statute
Citation	Chapter 42-45.1, 1974
Administration	Historical Preservation and Heritage Commission
Jurisdiction	Protection extends to underwater historic properties situated under the navigable waters and territorial seas of the state
Brief Discussion	Underwater historic property means any shipwreck, vessel, cargo, tackle, or underwater archaeological specimen, or part thereof, including any found at refuse sites or submerged sites of former habitation, that has remained unclaimed for more than ten years on the bottoms of any navigable waters and territorial seas of the state. Exclusive rights to field investigations on lands owned or controlled by the state are held with the state, all information and objects derived from state lands shall remain the property of the state and be utilized for scientific or public educational purposes. They have funding for a program called Rhode Island Marine Archaeology Program, which has helped to train over two hundred sport divers in underwater archaeology. They also have a very active public education campaign. Very few conflicts with sport divers, although some sites have been vandalized by divers.
Permit System	Three types of permits are issued: (1) Phase 1 permits - for the identification of resources through such means as remote sensing; (2) Phase 2 permits - for determining the eligibility and boundaries of underwater resources; and (3) Phase 3 permits - for data recovery. There are no fees for permits. Permits are issued for a maximum of one year - duration of permits are evaluated on a case-by-case basis. Principle investigator must be qualified to do proposed work according to standards set by the National Parks Services. Required reports, etc. are evaluated on a case-by-case basis.
Penalties	There are no set penalties for contravention of the Act.

Country	United States of America
Province/State	North Carolina
Title of Law	North Carolina Archives and History Act
Type of Law	State Statute
Citation	North Carolina General Statutes Chapter 121, 1973, c. 476, s. 48.
Administration	Department of Cultural Resources, Division of Archives and History,State Historic Preservation Office, Office of State Archaeology.
Jurisdiction	Protection is extended to all shipwrecks, vessels, cargoes, tackle, and underwater archaeological artifacts which have remained unclaimed for more than ten years that lie on the bottoms of navigable waters within one marine league seaward from the Atlantic seashore measured from the extreme low watermark.
Brief Discussion	A permit is required to conduct any type of exploration, recovery or salvage operations The applicant must show that adequate funds, equipment, and facilities are available to undertake and complete the proposed operation, the applicant is capable of providing supervision of all phases of the operation and has demonstrated the ability to carry out acceptable exploration, recovery or salvage projects. Among other requirements, the applicant must be able to properly conserve and curate recovered archaeological artifacts.
Permit System	A permit is required to conduct any type of exploration, recovery or salvage operations on state owned abandoned shipwrecks or underwater archaeological artifacts. There are fees for the permits. Permittee must be competent to conduct research and/or salvage, have adequate funds to complete project, artifacts must be conserved. Permits are renewable.
Penalties	Contravention of the Act is considered a Class 1 misdemeanour.

Country	United States of America
Province/State	South Carolina
Title of Law	South Carolina Underwater Antiquities Act
Type of Law	State Statute (Code of Laws)
Citation	Title 54, Chapter 7, Article 5, 1991; replaced the South Carolina Antiquities Act of 1982 which itself replaced an earlier Article 3 (regulating salvage operations).
Administration	Underwater Division of the South Carolina Institute of Archaeology and Anthropology; Sport Diver Archaeology Management Program, Department of Natural Resources.
Jurisdiction	Jurisdiction includes waters between mean low water to 3 statute miles, also includes inland waters. Shipwrecks are defined as having been unclaimed for 50 years or eligible for inclusion in the National Register of Historic Places.
Brief Discussion	Artifacts are property of the State, but the title of such articles may be transferred to a licensee pursuant to a license issued by the institute. The Sport Diver Archaeology Management Program offers field training courses to interested divers so that they may assist the SCIAA on underwater projects as volunteers. The SCIAA also host workshops, presentations, and conferences. Great public outreach program and sport diver training program.
Permit System	No license is required for non-disturbing inspection, study, and the like. Licenses are issued for four broad categories: (1) Hobby License; (2) Exclusive License; (3) Intensive Survey License; and (4) Data Recovery License. There are two categories of Hobby Licenses: individual and instructional. Individual Hobby Licenses are issued to individuals or members of an immediate family. Instructional Hobby Licenses are issued to skin and scuba diving instructors or organized training facilities. Hobby Licenses are issued to individuals who wish to conduct temporary, intermittent, recreational, small scale, noncommercial search and recovery of submerged archaeological historic property. A two-day weekend Hobby License fee is five dollars. For a six-month Hobby License for an individual, the fees are five dollars for residents of the State and ten dollars for non-residents. For a two-year Hobby License for an individual, the fees are eighteen dollars for residents of the State and thirty-six dollars for non-residents. Recovery of objects is limited to what can be collected by hand, up to a maximum of ten artifacts per day. Instructional licenses are issued to a dive instructor, dive store, club, or dive charter business desiring to allow student divers or charter group divers without individual hobby licenses to collect artifacts. Fees for six-month Instructional Licenses are twenty dollars for residents and forty dollars for nonresidents. Fees for two-year Instructional Licenses are eighty dollars for residents and one hundred and sixty dollars for nonresidents. the same conditions as Hobby License apply to the collection
Penalties	Contravention of the provisions set forth for non-disturbing activities that do not require a license is a misdemeanour, fine is a maximum of fifty dollars, each day violation continues constitutes a separate offense. Violation of Hobby License terms is a misdemeanour, fine is a maximum of one hundred dollars, each day violation continues constitutes a separate offense. Violation of the terms of an exclusive license is a misdemeanour, fine is a maximum of ten thousand dollars or imprisonment for not more than one year or both, each day violation continues constitutes a separate offense. Excavation or salvage of sunken warships is illegal.

Country	United States of America
Province/State	Maryland
Title of Law	The Submerged Archaeological Protection Act (State Statute: Annotated Code of Maryland) and Protection of Submerged Cultural Property (Regulations)
Type of Law	State Statute
Citation	Art. 83B, §5-627, 1988
Administration	Department of Housing and Community Development; Division of Historical and Cultural Programs; The Maryland Historical Trust
Jurisdiction	Submerged means beneath or substantially beneath the territorial waters of the state. Shipwrecks must have been 'unclaimed' for 100 years or be eligible for inclusion in the National Register of Historic Places.
Brief Discussion	Artifacts are property of the State, but the Trust may enter into agreements with the permittee for the disposition of artifacts, including division of artifacts. Permits are not required for reconnaissance survey (casual diving). Casual collecting is permitted as long as the shipwreck is not destroyed or damaged. Not more than five individual artifacts may be collected per day and they may not be in excess of twenty-five pounds. The casual collecting law has made enforcement difficult. Many collectors simply claim to have legally collected artifacts in their possession. There are not enough financial and human resources. For a state that is twenty-five percent water, there are three underwater archaeologists.
Permit System	Two types of permits are issued: Intensive Survey and Data Recovery. Intensive Survey permits are required to delineate boundaries of a potential submerged archaeological historic property. Data Recovery permits are required to conduct data recovery on submerged archaeological historic property. Permits are valid for one year with the possibility of renewal for a second year. The Historical Trust is allowed to charge fees for permits, but as of yet, they have not done so.
Penalties	Violation of the Act or Regulations constitutes a misdemeanour and for an individual carries a fine of not more than $1,000, 30 days imprisonment, or both; for a corporation it carries a maximum fine of $10,000, 1 year imprisonment, or both. a separate offense exists for each day the violation continues.

Country	United States of America
Province/State	Vermont
Title of Law	Vermont Historic Preservation Act
Type of Law	State Statute
Citation	Title 22, Section 761-791, 1975, amended 1989, 1994, 1995
Administration	Vermont Division For Historic Preservation; Agency of Development and Community Affairs
Jurisdiction	Law applies to underwater historic property (shipwrecks) that have remained 'unclaimed' for more than ten years. All historic property recovered belongs to the State, unless title has been released to the permittee.
Brief Discussion	Permits are not needed for isolated finds. Isolated finds are defined as specimens or artifacts that are not found on or near shipwrecks or other kinds of underwater historic property. Reporting of isolated finds is on the honour system. Permits are not required to search for underwater historic property in the course of recreational diving. Very good public outreach program and well organized and active diving community.
Permit System	Permits are required and issued for reconnaissance activities and artifact recovery activities. No specific time periods for permits, permittee must be qualified to do proposed work. The permit may provide for compensation to the diver in terms of cash value or actual objects. State may waive its right to non significant finds.
Penalties	Fines of up to $1,000 or six months imprisonment or both. Forfeiture of all objects, reports and photographs.

Country	United States of America
Province/State	Florida
Title of Law	Florida Historical Resources Act
Type of Law	State Statute
Citation	Chapter 267,1998
Administration	Division of Historical Resources, Department of State
Jurisdiction	Jurisdiction includes state owned land or state owned sovereignty submerged lands. Protection is extended to sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state. Sovereignty submerged lands are defined as those lands including but not limited to tidal flats, sand bars, shallow banks, and lands seaward of the ordinary or mean high water line, under navigable fresh and salt waters to which the State of Florida acquired title to on March 3, 1845.
Brief Discussion	The title to all treasure trove, artifacts, and such objects having intrinsic or historical and archaeological value belongs to the state and the administrative and protection of such objects is the responsibility of the Division of Historical Resources of the Department of State. The State of Florida recently underwent an extensive review of their marine heritage laws as a result of a few prominent court cases regarding historic shipwrecks. Changes are soon expected to their legislation. Florida has an educational outreach program, active diving clubs, an a series of underwater archaeological preserves.
Permit System	Agreements (permits) are required for exploration or salvage of archaeological materials from sovereignty submerged lands. Exploration Agreements are issued to determine the presence or absence of valuable archaeological materials in the areas designated without harming or damaging the archaeological materials. The applicant must demonstrate his or her ability to collect and record archaeological information, properly care for and protect artifacts. Data collected must be provided to the division within a reasonable time. Salvage Agreements are issued to conduct salvage activities and to recover, process, and preserve archaeological materials. Applicant must be qualified to conduct research, able to preserve and care for artifacts. All artifacts must be returned to the state following completion of study.
Penalties	Fines and prison terms vary according to offense. In addition to fines and imprisonment, the offender shall forfeit to the state all specimens, objects, and materials collected, together with all photographs and records relating to such material.

Country	United Kingdom
Province/State	Includes Britain, Northern Ireland, Wales, Scotland
Title of Law	Protection of Wrecks Act 1973
Type of Law	Federal Statute
Citation	1973
Administration	Secretary of State for Culture, Media and Sport (England) Environment and Heritage Service, Department of the Environment Northern Ireland (Northern Ireland) Secretary of State for Scotland (Scotland) Secretary of State for Wales (Wales)
Jurisdiction	This Act empowers the Government to designate by Order the site of what is, or may prove to be, the wreck of a vessel which it considers should be protected from unauthorised interference because of its historical, archaeological or artistic importance; 45 sites in UK waters are currently designated. The Order identifies the site and the extent of the 'restricted area' in which certain activities are prohibited except under the authority of a license issued by the Department for Culture, Media and Sport (DCMS), Historic Scotland, Cadw (Welsh Historic Monument Executive Agency) or the Department of the Environment for Northern Ireland (DoE(NI)). These activities include tampering with, damaging or removing any part of a wreck within the area indicated, or carrying out diving or salvage operations within the area or depositing anything (i.e. anchoring) on the seabed within the area without a special license issued by the Secretary of State (Admiralty Notices to Mariners, published annually). This Act only covers shipwrecks, and not other submerged archaeological sites.
Brief Discussion	The Act is administered by the Department for Culture, Media and Sport, Historic Scotland, Cadw and the Department of the Environment for Northern Ireland. An Advisory Committee on Historic Wreck Sites (ACHWS) has been appointed to recommend designations and assess survey and excavation license applications. The Archaeological Diving Unit (ADU) has been contracted to provide the Government with field archaeological data on both existing designated sites and new sites proposed for designation. The Protection of Wrecks Act 1973 effectively removed historic shipwrecks from the realm of general marine/salvage law. However, all recovered materials from historic shipwrecks must be declared to the Receiver of Wrecks (Department of Transport) under the terms of the Merchant Shipping Act 1894.
Permit System	Four different licenses/permits are issued: Visitor, Survey, Surface Recovery, and Excavation. Permits are issued for the summer dive season. In exceptional cases, permits may be issued for one year. Artifacts must be properly conserved. All records excavation must be submitted to the Royal Commission on the Historical Monuments of England. a report of activities must be submitted to the Advisory Committee.
Penalties

Country	United Kingdom
Province/State	Includes Britain, Northern Ireland, Wales, Scotland
Title of Law	Treasure Act 1996
Type of Law	Federal Statute
Citation	1996, Chapter 24
Administration	Secretary of State
Jurisdiction	The Act, which replaces the common law of treasure trove, allows the Secretary of State to regulate the meaning and dispensation of treasure. Beyond a definition provided by the Act, the Secretary of State may by Order designate classes of objects to be of outstanding historical, archaeological or cultural importance, including those which may be considered treasure. Treasure includes coins and other objects provided they are over 300 years old when found, and made up of at least 10% gold or silver. Associated objects may also be considered treasure if found with 'treasure', as well as objects that were previously considered treasure trove. Objects not considered treasure include those whose owners can be traced; unworked natural objects, including human and animal remains, even if they are found in association with treasure; and objects from the foreshore which are not wreck.
Brief Discussion	Objects thought to be treasure must be brought to the attention of the coroner in the district in which the object is found, within 14 days of the discovery. The location of the find must be reported. The finder is then directed to a competent authority to determine whether the object is treasure. If a museum wishes to acquire it, compensation is decided by the independent Treasure Valuation Committee. Alternatievely, the Secretary of State may disclaim it and return it to the finder. If found legally and with full permission, a reward may be paid if the object is considered treasure and is acquired by a museum. If collected improperly, little or no compensation will be awarded to the finder.
Permit System	Thee is no permit system associated with this Act. People who hold existing treasure franchises, or their successors, of the Crown in right of treasure trove retain their rights for the place where the treasure was found.
Penalties	Penalties exist for failing to notify the coroner of the find. These include imprisonment for up to three months, a fine not exceeding level 5 on the standard scale (currently £5,000), or both.

Country	Australia
Province/State
Title of Law	Historic Shipwrecks Act 1976
Type of Law	Federal Statute
Citation	1976; revisions in 1979, 1980, 1981, 1984, 1985
Administration	Minister for the Environment and Heritage
Jurisdiction	Protection is afforded to shipwrecks that are situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State and at least 75 years old. Protection is afforded to shipwrecks whether or not the existence and location of the remains are known. The Minister may declare an area, not exceeding 200 hectares, around a shipwreck to be a protected zone in which no activities can be carried out without a permit. The HSA protects federal waters and each state has legislation to deal with state jurisdictions.
Brief Discussion	The Minister keeps a register known as the Register of Historic Shipwrecks. A person who finds a shipwreck must give notice to the Minister or face a penalty. The person who is the first to notify the Minister of a shipwreck location may receive an award.
Permit System	Permits are required to enter a 'Protected Zone' (as defined under the Act). The applicant must be on board the dive vessel during any one visit to the wreck. The applicant or co-applicant is responsible for ensuring that all permit conditions are complied with. Commercial operators may apply for a permit for up to 12 months. Other persons or groups may nominate up to 3 dates per permit. Permits are also required to 'disturb' a site, i.e. to have access for the purpose of discovering/exposing/moving a historic shipwreck and associated articles or historic relics. Applications for such a permit must be accompanied by a thorough description of the project, methodologies, and qualifications of the participants. Permits are also required to dispose of a historic shipwreck or a historic relic; damage or destroy a historic shipwreck or a historic relic; and to remove a historic shipwreck or a historic relic from Australia, from Australian waters or from waters above the continental shelf.
Penalties	Various penalties exist for the contravention of various portions of the Act. Penalties for individuals range from a $2,000 fine to a $10,000 fine or five years imprisonment or both. Penalties for corporations range from fines between $25,000 to $50,000.
Workability	Discussions are underway to evaluate possible revisions to the Act. Compared to other provinces and states, Australia a very active marine heritage program which receives more government funding and support. Although looting is occasionally a problem, the laws were introduced early such that sport divers are far more aware that shipwrecks are a cultural resource to be enjoyed and they are keen to cooperate in their protection.