Page 17: of Marine News Magazine (August 2011)

www.marinelink.com MN17Convention). While a rose by any other name would smell as sweet,? the same is not true of legislation or treaties urged on us by lawmakers or diplomats. No person of good will can be against protecting underwater cultural heritage. Therefore, busy lawmakers whose advice and consentmay be required for a nations ratifica- tion of this treaty may be advised by their aides (who may or may not have read the treaty and understood its ramifications) to agree for purposes of political expediency, if for no other reason because it would be difficult to explain negative votes to their con- stituencies.On the other side of the spectrum, some professional salvors have looked at the title from which they inferred that the treaty applies only to treasure salvors, and then do not bother read- ing the treaty at all. What about the diplomats who drafted and finalized the language of the treaty? Did they fully understand the science withwhich they were dealing, or even the politics, and if they did, how much of that understanding or advice from experts had to be compromised in the diplomatic process of reaching agree- ment? Some persons whose activities may be directly affected have questioned the wisdom behind a treaty that has the effect of leaving some items ofcultural heritage? in a destructive and damaging environment rather than encouraging their recovery and preservation. Professional salvors should have other concerns. There are a number of provisions in the UCH Convention that could have adverse impacts on the opera- tions of professional salvors. To start with, the definition of underwater cultural heritage? (UCH) includes, among other things, all traces of human existence having cultural, his-torical or archaeological character that have been partially or totally under the water, periodically or con- tinuously, for at least 100 years.? Further, the treaty applies not only to activities directed at UCH? but also to activities incidentally affecting UCH? ? or activities that may phys- ically disturb or otherwise damage UCH.? There is enough ambiguity and subjectivity in that language tokeep litigators busy for years. New Orleans(504) 780-8100 ? Fax (504) 780-8200 Norfolk(757) 545-0100 ? Fax (757) 545-8004 Houston(281) 452-5887 ? Fax (281) 452-9682 www.mcdonoughmarine.comwww.mcdonoughmarine.comLARGEST RENTAL FLEET OF SPUD, DECK AND MATERIAL BARGESLARGEST RENTAL FLEET OF SPUD, DECK AND MATERIAL BARGESBARGES 60 TO 400 LENGTHBARGES 60 TO 400 LENGTH? 16 Fleeting locations inland rivers, Gulf, East and West Coast ? Inland and Ocean towing services (Continued on page 21)