Page 25: of Marine News Magazine (August 2012)

?Abandoned Shipwreck Act of 1987? (ASA). Pursuant to that statute, the United States claims title to any abandoned shipwreck that is embedded in the submerged lands of a state or in corralline formations on the submerged lands of a state, and in some other circumstances. Such title is then transferred to the state unless the property is found on the public lands of the United States, in which case the United States retains title. Importantly, the  nder of an abandoned shipwreck to which the ASA applies cannot seek a declaration of ownership under the law of  nds or a salvage award under the law of salvage. In its 25 year history there have been a number of court cases in which states or the federal government invoked the ASA, and generally courts have strictly interpreted the statutory language. We cannot in retrospect over the past 25 years tell how many searches and recoveries, or how valuable they might have been, have simply not been undertaken because of the ASA. Surely the ASA, like the UNESCO treaty, is not furthering the goal of treasure salvage law to encourage salvage operations that will return lost property to economic use. CONCLUSION Science and technology have opened up the world of treasure salvage to persons willing to take the economic and physical risks involved in searching for and recovering abandoned shipwrecks and sunken treasure. The law has developed through the courts to encourage this process. Meanwhile, treaties and legislation have been adopted that will discourage this good conduct, possibly leaving great wealth and knowledge that could be gleaned from recovered shipwrecks, treasure, and artifacts to become completely lost to the ages.New Orleans(504) 780-8100 ? Fax (504) 780-8200Norfolk(757) 545-0100 ? Fax (757) 545-8004Houston(281) 452-5887 ? Fax (281) 452-9682www.mcdonoughmarine.comwww.mcdonoughmarine.comLARGEST 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 LARGEST RENTAL FLEET OF SPUD, DECK AND MATERIAL BARGESMarine Sanitation SystemsWastewater Treatment Systems Wastewater Treatment Systems for Commercial and Marine Applica
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