HCS HB 549 -- SHIPWRECK SITE PROTECTION

SPONSOR:  Fraser

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 8 to 4.

Currently, a person who wishes to salvage a submerged shipwreck
must obtain a permit from the Department of Natural Resources and
pay a permit fee.  This substitute 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 permit applicant is required to be
or to hire a professional 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 an amount not to exceed
$1,500 to cover the costs incurred by the department.

The substitute specifies a process for professional
archaeologists and accredited museums to obtain a permit for a
fee of $100 for research and training and establishes 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.
Conditions are also specified for ongoing professional
archaeological research and restrictions on shipwrecks located in
state parks and historic sites.

The terms "embedded," "historic shipwreck materials," "land
beneath navigable waters," "national register," "professional
archaeologist," "salvage," and "visitation" are defined.

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 a second or subsequent offense.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the State of Missouri has
possession and control of all shipwrecks within the state but no
plans or procedures as to what to do with them.  The bill
provides procedures to excavate the shipwrecks properly.

Testifying for the bill were Representative Fraser; and Mike
Dasivich.

OPPONENTS:  Those who oppose the bill say that it is poorly
written and internally inconsistent.  It takes away many
landowner property rights with no clarification.

Testifying against the bill were Dr. Rex Walters; and State
Historic Preservation Office.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm