HB 549 -- Shipwreck Site Protection

Sponsor:  Fraser

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 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 permit applicant is required to be
or to 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.

Persons who wish to salvage a submerged embedded abandoned
shipwreck are required to positively identify the shipwreck.  The
person must apply for an exploratory permit from the department
and pay an application fee not to exceed $1,500 to the Director
of the Department of Revenue.  The Department of Natural
Resources has 30 days to comment on any application.  The permit
allows the applicant to search for and identify the precise
location of the individual shipwreck.  The applicant will have
two years to demonstrate that the specific shipwreck has been
located.

The bill also specifies a process for professional maritime
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
maritime 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.

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