The Tribune

By Anthony Howorth

Past chairman

Bahamas Association of Treasure Salvors

bats1492@gmail.com

Scuba diving is a sport. It is encouraged as a business and enables amateurs to wet their feet, eventually becoming qualified divers. Most just love the opportunity to explore the sea world, and the abundant life that lives on the coral reefs. Some get so hooked on it, they venture further, or become professionals in the world of commercial salvage, marine maintenance, oil rig operations and ship recovery. Some of these professions are very highly paid, but also dangerous.

The fascination with the many wrecks lost worldwide, from the earliest days of ship building to-date, includes the search for lost cargoes, the historical artifacts and the identification of the ships and the persons lost on them. The numerous books, films and TV specials has catered to the public interest, and recorded history and made up fictional stories to go with them.

From the point of view of the archaeologists and academics, preservation and accurate recording of history and artifacts is their aim, and has been funded by universities and governments. Similarly, the world’s self-appointed protector of world heritage, UNESCO, has spent enormous sums of money trying to gather support from the governments of the world, whether dictatorships or so-called democracies, where elected governments are stuck with the treaties or conventions signed by their predecessors. The point here is that the world is changing, and new ideas, new concerns, new technology, new regulations all have an impact on the freedoms we all aspire to, including the right to explore and enjoy nature’s and mankind’s wonderful world.

The right to search the sea bed for anything can be divided into the sea bed in international waters, and that in national waters. National waters are themselves divided into contiguous zones and commercial zones. Initially, international law recognised a country’s rights over what can be referred to as the waters adjacent to its coastline. This was set at three miles at one time, being the distance a cannon could fire a shot. Treaties between countries split the area between them down the middle if they were closer than, say, six miles.

Then the grab for oil became another issue, and countries claimed an economic zone. The argument in some cases was that the wider shelf adjacent to the coastline, which contained economic benefits, whether fishing rights or oil drilling rights, became of crucial importance. In the North Sea, Scotland and Norway had claims over the areas between them. In the Gulf of Mexico, the US and Mexico had similar claims. The smaller Caribbean Islands and Cuba were struggling not to be left out. Money and power prevailed.

Back to the original question: Can UNESCO interfere or stop sport diving on historical and un-discovered wrecks in countries such as the Bahamas, the Turks and Caicos, and Greece? Can sport diving on such wrecks in a country’s so-called economic zone be restricted to professional archaeologists?

The British and their colonies were instrumental in passing legislation to allow applicants to obtain licenses to search and recover artifacts and other items from ancient wrecks. An ancient wreck was, and is, defined as any abandoned wreck sunk over 50 years ago and not claimed by the owners.

In some cases, insurance companies have claimed a right to any proceeds of vessels and content that they had insured. But the courts have awarded a substantial share of any valuables recovered as proper compensation to the salvage teams that enabled the recovery to be made. Awards of 80 to 90 per cent were not uncommon, although in many cases this was negotiated in advance of actual recovery. This has become a big, expensive and high-risk business in cases where a valuable cargo was lost at sea.

In spite of this legislation, governments representing warships; or commercial vessels; or other interested parties; or tied to agreements signed with UNESCO; or governments claiming a wreck site is a war grave; or any grave where bodies are found; and environmentalists claiming destruction of coral reefs; or habitations of sea creatures; or risks from oil spills and poisonous substances; have all sought support and remedies either from the courts.

The average sport diver worries little about this. But those who are professional researchers, or looking for a valuable item for historical reasons or monetary gain, or recovery of expenses spent, are the risk takers who try to obey the law, and who are being continually frustrated by the Government, civil servants and agencies. They, in turn, are not acting in the best interests of the country, or even obeying their own laws and regulations.

A case in point has arisen in the last two years in the Bahamas. In 2006, an announcement was made that a moratorium on the issue or renewal of search and salvage leases was lifted. The moratorium instituted in 2000 was not itself legal, in that the law gives any salvor who has discovered and worked on a wreck with an existing license, the right to have that license renewed annually, subject to abiding by all its conditions and the payment of an annual fee. The Government also had obligations under such leases, which the moratorium imposed by the Government conveniently ignored.

Whether due to international pressure or lack of interest, the moratorium, intended as a temporary measure, continued for six years, before the announcement in 2006 that it was to be lifted. Two Governments later, in 2012 persons were invited to submit applications, and 18 did so and paid the application fee of $500. The Government collected a total $9,000. Moreover, the regulations also provided that the applicant was to receive a definite response of ‘YES’ or ‘NO’ to his application within three months. No such responses have been received by any applicant, except to say that they are under consideration. The application fees have not been returned. So what is going on.?

As the Antiquities, Monuments and Museums Corporation (AMMC), a government agency, is charged with supervising the issue and management of the salvage licenses, and is entirely manned by qualified Bahamians financed by the taxpayers, it is most disappointing that Government money is being spent on this process, delaying and frustrating all involved.

The whole business of recovering our ancient heritage under the seabed is a win-win situation for all concerned because:-

• The detailed provisions of the licenses provide for the license holder to pay all costs of the officer designated to ensure the license holder obeys the law.

• The license holder must pay the costs of the preservation of items recovered.

• The preservation must be done in the Government’s nominated facility.

• All items must be delivered straight to the Government nominated facility.

• The Government has first choice of items to be included in its 25 per cent share of items recovered.

• A valuation of all items must be carried out by at least two professional valuers.

• Only then can a division be agreed, under which the license holder receives his 75 per cent share.

In addition:

• The costs of such an expedition include services and supplies, which need to be bought in the Bahamas.

• Bahamian divers and crew can be employed.

• Foreign personnel must apply for and pay for work permits.

• By living on the wreck site, the wreck is protected from vandalism and piracy.

• Once proven, the wreck can be designated a National Heritage Site, attracting tourists and archeological visitors.

• Media attention, including local and international coverage.

• Proceeds of recovery placed in museums, also attracting visitors.

• Attention for the Bahamas as an honest, reliable and democratic Government capable of encouraging and fostering the exploration and preservation of ancient heritage.

• Involvement of universities, both foreign and local, in the study of such wrecks.

• Financing for education of Bahamians in the associated studies.

• Offers of teaching services and lectures by foreign and local archeologists paid for by the license holders.

• Opportunities for Bahamian journalists, historians, film makers, dive shop owners, boat renters, hotels and local restaurants to service such business and write about it for profit.

All this is a win-win situation for the Government. So why is there this long delay in signing licenses? The economy needs every new business, and every new business creates economic activity worth five times’ one salary.