Charting Through Protection for Historic Shipwrecks Found in U.S. Territorial Waters: See Hunt, Inc. v. Unindentified, Shipwrecked Vessel or Vessels
By Clarissa A. Kang
INTRODUCTION
Two Spanish ships lie peacefully at the bottom of the ocean near Assateague Island National Seashore, off the coast of Virginia. Meanwhile, above sea level, the ships have been the subjects of a contentious legal battle over ownership and the right of salvage, involving the Kingdom of Spain, the United States, the Commonwealth of Virginia, and the private salvor Sea Hunt. In the latest episode of court action, Spain claimed ownership of the two shipwrecks, contesting Virginia's ownership and authority over the wrecks and Virginia's issuance of a salvage permit to Sea Hunt. The United States took the side of Spain against Virginia; the federal district court, however, denied the United States' motion to intervene on behalf of Spain, finding that the United States had no interest at stake in the shipwrecks. The district court recently decided that one of the ships is indeed the possession of Spain, while the other belongs to Virginia. Behind the posturing of Spain, the United States, Virginia, and Sea Hunt in the Sea Hunt litigation stand important policy questions: who owns historic shipwrecks; who therefore is responsible for their care; and whether adequate protection exists for historic shipwrecks as an underwater cultural resource. This paper will use the Sea Hunt case as a starting point to assess whether current U.S. federal and state law and policy provide adequate protection for historic shipwrecks and the marine environment. Discussion will focus on the federal Abandoned Shipwreck Act of 1987 (“ASA”), Virginia state law on historic shipwrecks, and the federal National Marine Sanctuaries Act (“NMSA”).
Two Spanish ships lie peacefully at the bottom of the ocean near Assateague Island National Seashore, off the coast of Virginia. Meanwhile, above sea level, the ships have been the subjects of a contentious legal battle over ownership and the right of salvage, involving the Kingdom of Spain, the United States, the Commonwealth of Virginia, and the private salvor Sea Hunt. In the latest episode of court action, Spain claimed ownership of the two shipwrecks, contesting Virginia's ownership and authority over the wrecks and Virginia's issuance of a salvage permit to Sea Hunt. The United States took the side of Spain against Virginia; the federal district court, however, denied the United States' motion to intervene on behalf of Spain, finding that the United States had no interest at stake in the shipwrecks. The district court recently decided that one of the ships is indeed the possession of Spain, while the other belongs to Virginia. Behind the posturing of Spain, the United States, Virginia, and Sea Hunt in the Sea Hunt litigation stand important policy questions: who owns historic shipwrecks; who therefore is responsible for their care; and whether adequate protection exists for historic shipwrecks as an underwater cultural resource. This paper will use the Sea Hunt case as a starting point to assess whether current U.S. federal and state law and policy provide adequate protection for historic shipwrecks and the marine environment. Discussion will focus on the federal Abandoned Shipwreck Act of 1987 (“ASA”), Virginia state law on historic shipwrecks, and the federal National Marine Sanctuaries Act (“NMSA”).
