Fall 1999 Issue CONTENTS: ProSEA Shipwreck Conference & UI 2000 Special Shipwreck Program UI2000 - ProSEA Shipwreck Program - Preliminary Agenda The UNESCO Convention: A Review of the April 1999 Meeting Titanic Legal Issues: View from the Courtroom Message from the President Next year marks an important event in ProSEA’s history - the ProSEA 2000 conference will be held in cooperation with Underwater Intervention 2000. This outstanding conference features the world's leaders in underwater exploration and industry, and we encourage all our members to attend. Presentation of shipwreck papers and sharing technical data at this conference by our members provides a solution to one of the concerns that has dogged us for years - the unwillingness of many archaeological conferences to allow papers to be presented by legitimate commercial shipwreck operations. Some archaeologists have made the argument that good science can't be practiced when profit is involved. This is their justification for preventing profit-making ventures from presenting papers at their meetings. Isn't it ironic that they also complain that commercial salvors don’t publish their data? The majority of scientific and technical advances in our world come about from companies seeking profits. Imagine if the medical community censored scientific findings or papers by profit-making firms. In a recent article in US News & World Report, an archaeologist was quoted as saying, "Many times treasure hunters call themselves 'underwater archaeologists', but would you go to an amateur brain surgeon?" My answer would be: "No I wouldn't go to an amateur brain surgeon - but I would go to a 'for-profit' hospital, whose brain surgeons provide their services through 'for-profit' partnerships and use drugs, tools and techniques that were developed by 'for-profit' companies." Profits are compatible with good science - but censorship isn’t. Greg Stemm President, ProSEA ProSEA Shipwreck Conference & UI 2000 Special Shipwreck Program January 25 - 27, 2000 Adam's Mark Hotel - Houston, TX We are pleased to announce a "ProSEA Shipwreck Program" that runs parallel with the Underwater Intervention 2000 Conference. ProSEA attendees will be invited to visit the UI2000 exhibits, attend the International Dinner on January 25 and participate in the shipwreck program on January 26. There will also be a separate ProSEA UNESCO Convention Presentation and Roundtable meeting on Thursday, January 27. Over 2,500 will attend the UI2000 event, which is sponsored by the Marine Technology Society’s ROV committee and the Association of Dive Contractors. The world's leading underwater contractors and technology firms will be represented at this important conference. to reserve your space at the conference: Call 800-316-2188 Tell them you wish to register for the "ProSEA Shipwreck Program". Price: $225 (early registration) $275 (on site) $50 for Proceedings Accommodations: Limited availability @ $97/night. Call 1-800-444-2326: Ask for the UI2000 rate. For More Data: Visit the Conference Website at: www.diveweb.com/ui or contact Greg Stemm UI2000 - ProSEA Shipwreck Program - Preliminary Agenda ProSEA’s Winter Shipwreck Conference will be held in cooperation with the Underwater Intervention 2000 Conference from January 25-27, 2000 at the Adam’s Mark Hotel in Houston Texas. The following is a preliminary agenda. For more information, check the conference site at www.diveweb.com/ui. Tuesday, January 25, 2000 All Day: Exhibits Open Evening: International Night Dinner Wednesday, January 26, 2000 Shipwreck Panel 1: TRENDS IN COMMERCIAL SHIPWRECK EXPLORATION OPERATIONS In the high-stakes world of commercial shipwreck exploration, professionalism and technical capability have become increasingly important. This panel session will examine the underwater contractor and commercial explorer’s role in shipwreck recovery, archaeological excavation and tourism activities, as well as some major projects recently completed or soon to be underway. The following topics will be addressed:
Shipwreck Panel 2: WHO WILL CONTROL SHIPWRECKS IN THE NEW MILLENNIUM? One of the most complex questions facing commercial shipwreck explorers, and by extension - their contractors, is ownership and control of shipwreck sites. The face of international law as it applies to shipwrecks and underwater cultural heritage is changing dramatically - the UNESCO Convention, the Titanic, the Abandoned Shipwreck Act, the Juno and La Galga, the Brother Jonathan, the Law of the Sea and even the US extension of the Contiguous Zone are contemporary factors that need to be considered in shipwreck exploration. This panel will discuss the impact of these issues on commercial exploration of shipwrecks, as well as their potential impact on deep ocean oil and cable-laying industries. Shipwreck Program Papers 1: SHIPWRECK OWNERSHIP, POLITICAL AND LEGAL ISSUES
Shipwreck Program Papers 2: Technological Challenges of Shipwreck Exploration
Thursday, January 27, 2000 Presentation and Roundtable Discussion: The UNESCO Convention: Strategies for Dealing with its EFFECTS ON Commercial ACTIVITIES This group will begin with an analysis of the UNESCO Initiative, then provide time for all attendees to voice their questions and concerns. This important session is open to all UI2000 attendees, as well as the participants in the ProSEA Shipwreck Program. Thursday Afternoon: PROSEA BOARD MEETING Open to all regular members of ProSEA.
The UNESCO Convention: A Review of the April 1999 Meeting By Eke Boesten, Asser Institute, The Hague Last April, UNESCO convened a second expert meeting to discuss the 1998 UNESCO Draft Convention on the Protection of Underwater Cultural Heritage (UCH). Although State delegates appeared to be more prepared than at the last meeting, and some progress was made (according to the drafters), the Draft Convention is still far from reaching a final phase. Here are some of the principal issues of concern to ProSEA: The definition of UCH was addressed, which is a critical issue, since UCH is now defined in the Draft Convention as anything underwater and over 100 years old. The United States proposed a definition which considers the historic or archaeological significance of UCH - which is much more reasonable in the eyes of ProSEA. The ICOMOS Charter (which imposes strict archaeological guidelines, and prevents sale of any UCH) received a lot of expected attention. The working group instituted to address the Charter decided to leave it as a guideline (as originally intended) and instituted an Annex containing the same principles. Since those principles clearly forbid commercial shipwreck exploration, this is a critical issue for ProSEA. No final decision was made and again this is left for the next meeting. Canada took a lead role at this meeting in promoting anti-commercial activities. They proposed a distinction between activities "affecting" and "directed at" shipwrecks, the latter which should be completely banned, the former which would be supervised by States. The great irony here is they were proposing exclusion of many activities which arguably have as much affect on shipwrecks as commercial explorers. Why? It was considered a political ploy that hints that the intent of the Convention (in some country's eyes) is to curtail commercial exploration and divers - not necessarily protect the shipwrecks. This was viewed by some as a transparent attempt to make sure that the Convention wouldn't be opposed by the fishing, cable laying, marine construction and petroleum lobbies. All those groups need to understand that banning commercial activities "directed at" shipwrecks is just the first step in creating a regime that will ultimately have just as much affect on their businesses - leaving them without a voice in the process. The proposal received support but was (again) not finally decided upon which leaves room for active protest. Sovereign vessels were addressed, with Juno and La Galga in mind. Spain actively lobbied for the exclusion of war-wrecks, supported by the United States and others. The current Draft Convention doesn’t address Sovereign vessels in a separate provision and it remains to be seen what will happen with this issue. The inclusion or exclusion of salvage law received a lot of attention. Although Article 12 now hides the exclusion of the essence of salvage law, reservations by several States were made on this point. It became obvious that this issue is unclear to many States and as the Law of the Sea Convention specifically preserves the applicability of salvage law to underwater remains, it may be questioned whether exclusion would be valid at all. Most of the problems with the process can be attributed to the meager preparation of many State delegates, their lack of knowledge on the issues, the absence of balanced representation of all interest groups involved as well as the limited amount of time. Ironically, none of these reasons has anything to do with the substance of the provisions or the framework chosen.
Based on response from the delegates that attended, Greg’s presentation was a real eye-opener to some who had believed that all commercial shipwreck explorers were "pirates." Other members of the ProSEA Board were also able to present our side of the story in the halls and functions of the meeting. The fact that several magazines made note of the commercial underwater explorer's presence at the meeting and the attention ProSEA received from the delegations shows that a lobby for the industry is worth the effort. The fact that most State delegates do not have a final view on the Draft Convention shows that the process can still be influenced.
Titanic Legal Issues: View from the Courtroom By David Concannon, Esq. On October 4, 1999, the Supreme Court of the U.S. resolved a seven year battle over access to the Titanic by upholding an appellate court's reversal of a District Court order that prohibited a British tour company and "all the world," from visiting the famous shipwreck. The Supreme Court's decision in RMS Titanic Inc. V. Haver paves the way for additional exploration of historic shipwrecks (such as the R.M.S. Lusitania and R.M.S. Britannic). As a result of the legal precedent set by the Titanic case, explorers may not be penalized for merely looking at shipwrecks without taking anything but photographs. It also protects a salvor's right to recover artifacts from a shipwreck located in international waters, and to have a U.S. federal court adjudicate claims of ownership and salvage awards. Finally, the salvor maintains the right to conduct recovery operations free from interference by others, and it is now clear that salvage rights take priority over visitation rights. 
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ProSea was well represented at the meeting, with five Board members in attendance. Although ProSEA has no official status with UNESCO, ProSEA's President, Greg Stemm, is a member of the United States delegation - the only member of any country's delegation in the commercial shipwreck business. Greg was allowed to give a presentation on legitimate commercial shipwreck exploration in the main hall, which included a slide show illustrating the techniques that were used to conduct an archaeological excavation of the Tortugas Spanish Colonial shipwreck using robotics at a depth of 1,500 feet.