HB 1072 -- Shipwreck Site Protection

Sponsor:  Jetton

Under current law, a person who wishes to salvage a submerged
shipwreck must obtain a permit from the Department of Natural
Resources and pay a permit fee.  The applicant must also provide
the department with a plan for excavation and have a professional
archaeologist on staff.  This bill prohibits the department from
issuing the permit without a detailed excavation, conservation,
and preservation plan and proof that the applicant has adequate
funding for the salvage.  The bill also requires the applicant to
be or hire a professional maritime archaeologist.  If the
applicant does not fulfill all tasks in the scope of work related
to the shipwreck, all items and data regarding the shipwreck are
forfeited to the state.  The state may not limit visitation to a
shipwreck unless there are certain apparent threats.  The current
permit fee is increased from $100 to $500.

The bill also requires persons who wish to salvage a submerged
embedded abandoned shipwreck to positively identify the
shipwreck.  The person must apply for an exploratory permit from
the department.  The department must comment on any application
within 60 days.  The applicant must pay a $1,500 application fee
to the Director of Revenue for the exploratory permit.  The
permit allows the applicant to search for and identify the
precise location of the individual shipwreck.  The applicant will
have one year to demonstrate that the specific shipwreck has been
located.

The bill also outlines a process for professional maritime
archaeologist to obtain a permit for research and training.  This
permit fee is $100.  The bill sets the conditions of the permit.
If a shipwreck has been previously, positively identified and
located, an exploratory permit is not necessary; and the
applicant may apply for a salvage permit.  The bill also outlines
conditions for ongoing professional archaeological research and
restrictions on shipwrecks located in state parks and historic
sites.

The bill defines "embedded," "historic shipwreck materials,"
"land beneath navigable waters," "national register,"
"professional maritime archaeologist," "shipwreck," and
"visitation."

Persons who knowingly take historic shipwreck materials from
state navigable waters or vandalize a shipwreck are guilty of a
class A misdemeanor for the first offense and a class D felony
for the second or subsequent offenses.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am