The examples and perspective in this article may not represent a worldwide view of the subject.(May 2023) |
Admiralty law |
---|
History |
Features |
Contract of carriage/Charterparty |
Parties |
Judiciaries |
International conventions |
International organizations |
A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. There were approximately three million shipwrecks worldwide as of January 1999, according to Angela Croome, a science writer and author who specialized in the history of underwater archaeology [1] (an estimate rapidly endorsed by UNESCO [2] [3] and other organizations [4] ).
When a ship's crew has died or abandoned the ship, and the ship has remained adrift but unsunk, they are instead referred to as ghost ships.
Historic wrecks are attractive to maritime archaeologists because they preserve historical information: for example, studying the wreck of Mary Rose revealed information about seafaring, warfare, and life in the 16th century. Military wrecks, caused by a skirmish at sea, are studied to find details about the historic event; they reveal much about the battle that occurred. Discoveries of treasure ships, often from the period of European colonisation, which sank in remote locations leaving few living witnesses, such as Batavia, do occur as well. Some contemporary wrecks, such as the oil tanker Prestige or Erika, are of interest primarily because of their potential harm to the environment. Other contemporary wrecks are scuttled in order to spur reef growth, such as Adolphus Busch and Ocean Freeze. Many contemporary and historic wrecks, such as Thistlegorm, are of interest to recreational divers that dive to shipwrecks because they are interesting to explore, provide large habitats for many types of marine life, and have an interesting history.
Well-known shipwrecks include the catastrophic Titanic , MV Doña Paz, Britannic, Lusitania, Estonia, Empress of Ireland, Andrea Doria, Endurance or Costa Concordia. There are also thousands of wrecks that were not lost at sea but have been abandoned or sunk. These abandoned, or derelict ships are typically smaller craft, such as fishing vessels. They may pose a hazard to navigation [5] and may be removed by port authorities. [6]
Poor design, improperly stowed cargo, navigation and other human errors leading to collisions (with another ship, the shoreline, an iceberg, etc.), bad weather, fire, and other causes can lead to accidental sinking. Intentional reasons for sinking a ship include: intending to form an artificial reef; destruction due to warfare, piracy, mutiny or sabotage; using the vessel for target practice; or removing a menace to navigation. A ship can be also used as breakwater structure.
Many factors determine the state of preservation of a wreck:
The above - especially the stratification (silt/sand sediments piled up on the shipwrecks) and the damages caused by marine creatures - is better described as "stratification and contamination" of shipwrecks. The stratification not only creates another challenge for marine archaeology, but also a challenge to determine its primary state, i.e. the state that it was in when it sank.
Stratification includes several different types of sand and silt, as well as tumulus and encrustations. These "sediments" are tightly linked to the type of currents, depth, and the type of water (salinity, pH, etc.), which implies any chemical reactions that would affect potential cargo (such as wine, olive oil, spices, etc.).
Besides this geological phenomenon, wrecks also face the damage of marine creatures that create a home out of them, primarily octopuses and crustaceans. These creatures affect the primary state because they move, or break, any parts of the shipwreck that are in their way, thereby affecting the original condition of amphorae, for example, or any other hollow places. Finally, in addition to the slight or severe destruction marine animals can create, there are also "external" contaminants, such as the artifacts on and around the wreck at Pickles Reef and the over-lapping wrecks at the Molasses Reef Wreck, or contemporary pollution in bodies of water, that severely affect shipwrecks by changing the chemical structures, or further damaging what is left of a specific ship.
Despite these challenges, if the information retrieved does not appear to be sufficient,[ further explanation needed ] or a poor preservation is achieved, authors like J.A. Parker claim that it is the historical value of the shipwreck[ further explanation needed ] that counts as well as any slight piece of information or evidence that is acquired. [7]
Exposed wooden components decay quickly. Often the only wooden parts of ships that remain after a century are those that were buried in silt or sand soon after the sinking. An example of this is Mary Rose.
Steel and iron, depending on their thickness, may retain the ship's structure for decades. As corrosion takes place, sometimes helped by tides and weather, the structure collapses. Thick ferrous objects such as cannons, steam boilers or the pressure vessel of a submarine often survive well underwater in spite of corrosion.
Propellers, condensers, hinges and port holes were often made from non-ferrous metals such as brass and phosphor bronze, which do not corrode easily.
Shipwrecks in some freshwater lakes, such as the Great Lakes of North America, have remained intact with little degradation. In some sea areas, most notably in Gulf of Bothnia and Gulf of Finland, salinity is very low, and centuries-old wrecks have been preserved in reasonable condition. However, bacteria found in fresh water cause the wood on ships to rot more quickly than in seawater unless it is deprived of oxygen. [8] Two shipwrecks, USS Hamilton and USS Scourge, have been at the bottom of Lake Ontario since they sunk during a violent storm on August 8, 1813, during the War of 1812. They are in "remarkably good" condition. [9]
Wrecks typically decay rapidly when in seawater. There are several reasons for this:
An important factor in the condition of the wreck is the level of destruction at the time of the loss or shortly afterwards due to the nature of the loss, salvage or later demolition.
Examples of severe destruction at the time of loss are:
After the loss, the vessel's owners may attempt to salvage valuable parts of the ship and its cargo. This operation can cause further damage.
Shipwrecks in shallow water near busy shipping lanes are often demolished or removed to reduce the danger to other vessels. On charts, some wreck symbols have a line under the symbol with a depth mark, which indicates the water depth above the wreck.
On the seabed, wrecks are slowly broken up by the forces of wave action caused by the weather and currents caused by tides. Also, more highly oxygenated water, which promotes corrosion, reduces the strength of ferrous structural materials of the ship. Deeper wrecks are likely to be protected by less exposure to water movement and by lower levels of oxygen in water.
Extreme cold (such as in a glacial-fed lake, Arctic waters, the Great Lakes, etc.) slows the degradation of organic ship materials. Decay, corrosion and marine encrustation are inhibited or largely absent in cold waters. [12]
Many modern shipwrecks contribute to marine pollution, mainly as sources of significant oil spills. [13] A 2005 survey of shipwrecks since 1890 found that over 8,500 of the submerged wrecks may still contain oil. [14] Oil spills can have devastating effects on marine and coastal environments as well as fisheries. In addition to being toxic to marine life, polycyclic aromatic hydrocarbons (PAHs), found in crude oil, are very difficult to clean up, and last for years in the sediment and marine environment. [15] [16]
Shipwreck pollution may also originate with a ship's cargo or munitions, [13] such as unexploded ordnance or chemical weapons canisters. [17] German trawler V 1302 John Mahn, sunk in the North Sea in 1942, [18] [19] has multiple unexploded depth charges on board which render the wreck hazardous. [18] Samples taken from the wreck and nearby sediment show the presence of heavy metals like nickel and copper, polycyclic aromatic hydrocarbons, arsenic and explosive compounds into surrounding waters, which have changed the local microbial ecology. [16]
Iron and steel wrecks are subject to corrosion, which is most rapid in shallow sea water where the salinity induces galvanic corrosion, oxygen content is high and water movement replenishes the oxygen rapidly. In deeper water and in still water the corrosion rates can be greatly reduced. Corrosion rates of iron and steel are also reduced when concretions, solid layers of rust, or layers of marine organisms separate the metal from the ambient water, and encourage the development of a layer of relatively stable black oxide in the hypoxic layers. [20]
Ships that sink upright onto a sand bottom tend to settle into the sand to a similar level to that at which they would normally float at the surface. The thinner materials of the upper works tend to break up first, followed by the decks and deck beams, and the hull sides unsupported by bulkheads. The bow and stern may remain relatively intact for longer as they are usually more heavily constructed. Heavy machinery like boilers, engines, pumps, winches, propellers, propeller shafts, steering gear, anchors and other heavy fittings also last longer and can provide support to the remaining hull, or cause it to collapse more rapidly. Vessels that come to rest upside down on a yielding seabed can be relatively stable, although the upper decks usually collapse under the load and machinery and fittings fall. Wrecks that rest on their side tend to deteriorate quickly, as the loads are not what they were designed to support, and poorly supported hull sides give way fairly soon and the wreckage collapses. Wrecks supported by a rocky seabed tend to collapse over and around the rocks relatively rapidly. Submarines tend to last longer as they are built much more strongly to withstand the working loads of external pressure, and may last for centuries. [20]
A shipwreck may have value in several forms: [20]
Often, attempts are made to salvage shipwrecks, particularly those recently wrecked, to recover the whole or part of the ship, its cargo, or its equipment. An example was the salvage of the scuttled German High Seas Fleet at Scapa Flow in the 1920s and 1930s. The unauthorized salvage of wrecks is called wrecking.
Shipwreck law determines important legal questions regarding wrecks, perhaps the most important question being the question of ownership. Legally wrecks are divided into wreccum maris (material washed ashore after a shipwreck) and adventurae maris (material still at sea), [21] which are treated differently by some, but not all, legal systems.
Wrecks are often considered separately from their cargo. For example, in the British case of Lusitania [1986] QB 384 it was accepted that the remains of the vessel itself were owned by the insurance underwriters who had paid out on the vessel as a total loss by virtue of the law of subrogation (who subsequently sold their rights), but that the property aboard the wreck still belonged to its original owners or their heirs.
Military wrecks, however, remain under the jurisdiction –and hence protection –of the government that lost the ship, or that government's successor. Hence, a German U-boat from World War II still technically belongs to the German government, although Nazi Germany (the government at the time) is long-defunct. Many military wrecks are also protected by virtue of being war graves.
However, many legal systems allow the rights of salvors to override the rights of the original owners of a wreck or its cargo. As a general rule, non-historic civilian shipwrecks are considered fair game for salvage. Under international maritime law, for shipwrecks of a certain age, the original owner may have lost all claim to the cargo. Anyone who finds the wreck can then file a salvage claim on it and place a lien on the vessel, and subsequently mount a salvage operation (see Finders, keepers). [22] The State of North Carolina questionably claims "all photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions" to be its property. [23]
Some countries assert claims to all wrecks within their territorial waters, irrespective of the interest of the original owner or the salvor. [24]
Some legal systems regard a wreck and its cargo to be abandoned if no attempt is made to salvage them within a certain period of time. English law has usually resisted this notion (encouraged by an extremely large maritime insurance industry, which asserts claims in respect of shipwrecks which it has paid claims on), but it has been accepted to a greater or lesser degree in an Australian case [25] and in a Norwegian case. [26]
The American courts have been inconsistent between states and at federal level. [27] Under Danish law, all shipwrecks over 150 years old belong to the state if no owner can be found.[ citation needed ] In Spain, wrecks vest in the state if not salvaged within 3 years.[ citation needed ] In Finland, all property on board shipwrecks over 100 years old vests in the state.[ citation needed ]
The British Protection of Wrecks Act, enacted to protect historic wrecks, controls access to wrecks such as Cattewater Wreck which can only be visited or investigated under licence. The British Protection of Military Remains Act 1986 also restricts access to wrecks which are sensitive as war graves. The Protection of Military Remains Act in some cases creates a blanket ban on all diving; for other wrecks divers may visit provided they do not touch, interfere with or penetrate the wreck. In the United States, shipwrecks in state waters are regulated by the Abandoned Shipwrecks Act of 1987. This act is much more lenient in allowing more open access to the shipwrecks.
Following the beaching of MSC Napoli, as a result of severe damage incurred during European storm Kyrill, there was confusion in the press and by the authorities about whether people could be prevented from helping themselves to the flotsam which was washed up on the beaches at Branscombe. Many people took advantage of the confusion and helped themselves to the cargo. This included many BMW motorbikes and empty wine casks as well as bags of disposable nappies (diapers). [28] The legal position under the Merchant Shipping Act 1995 is that any such finds and recovery must be reported within 28 days to the Receiver of Wreck. [29] Failure to do so is an offence under the Merchant Shipping Act and can result in a criminal record for theft by finding. [30] After several days, the police and Receiver of Wreck, in conjunction with the landowner and the contracted salvors, established a cordon to prevent access to the beach. [31] A similar situation occurred after the wreck of Cita in 1997.
Historic wrecks (often but not always defined as being more than 50 years of age) are often protected from pillaging and looting through national laws protecting cultural heritage. [32] Internationally they may be protected by a State ratifying the Unesco Convention on the Protection of the Underwater Cultural Heritage. In this case pillaging is not allowed. One such example is Queen Anne's Revenge [33] which is undergoing archaeological recovery by the North Carolina Department of Cultural Resources near Beaufort Inlet, NC.
An important international convention aiming at the protection of underwater cultural heritage (including shipwrecks) is the Convention on the Protection of the Underwater Cultural Heritage. [34] The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents the international community's response to the increasing looting and destruction of underwater cultural heritage. It forms part of a group of UNESCO standard setting instruments regarding the domain of cultural heritage, encompassing seven conventions adopted by UNESCO Member States, which constitute a coherent and complementary body guaranteeing a complete protection of all forms of cultural heritage.
The UNESCO 2001 Convention is an international treaty aimed exclusively at the protection of underwater cultural heritage and the facilitation of international cooperation in this regard. It does not change sovereignty rights of States or regulate the ownership of wrecks or submerged ruins. [35]
In 2011, the most valuable cargo of a sunken shipwreck was identified near the western edge of the Celtic Sea. This World War II era sinking of Gairsoppa led to a treasure almost three miles (16,000 ft; 4,800 m) deep. [36]
A U.S. federal court and a panel from the United States Court of Appeals for the Eleventh Circuit have upheld the Spanish claim to the contents of the ship Nuestra Señora de las Mercedes; Spain took control of the treasure in February 2012. A very small number of coins and effects recovered from the ship were deposited in Gibraltar, because they showed clear signs coherent with an internal explosion on the ship and thus confirmed Spanish claims to the wreck being that of the Nuestra Señora de las Mercedes. They were not returned to Spain until 2013, when a court finally ordered Odyssey Marine to return the missing pieces.
Archaeologist Valerios Stais discovered one of the most notable instruments of time keeping and prediction of celestial events off the coast of the Greek island Antikythera on May 17, 1902. The device, known as the Antikythera Mechanism, is perhaps the earliest example of what would be known as today as an analog computer, and the technology it encompasses predates any other recorded description by hundreds or thousands of years.
Maritime archaeology is a discipline within archaeology as a whole that specifically studies human interaction with the sea, lakes and rivers through the study of associated physical remains, be they vessels, shore-side facilities, port-related structures, cargoes, human remains and submerged landscapes. A specialty within maritime archaeology is nautical archaeology, which studies ship construction and use.
Underwater archaeology is archaeology practiced underwater. As with all other branches of archaeology, it evolved from its roots in pre-history and in the classical era to include sites from the historical and industrial eras.
Wreck diving is recreational diving where the wreckage of ships, aircraft and other artificial structures are explored. The term is used mainly by recreational and technical divers. Professional divers, when diving on a shipwreck, generally refer to the specific task, such as salvage work, accident investigation or archaeological survey. Although most wreck dive sites are at shipwrecks, there is an increasing trend to scuttle retired ships to create artificial reef sites. Diving to crashed aircraft can also be considered wreck diving. The recreation of wreck diving makes no distinction as to how the vessel ended up on the bottom.
In maritime law, flotsam,jetsam,lagan, and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the remains of a ship that has been wrecked, whether it has sunk or is floating on the surface of the water.
Marine salvage is the process of recovering a ship and its cargo after a shipwreck or other maritime casualty. Salvage may encompass towing, lifting a vessel, or effecting repairs to a ship. Salvors are normally paid for their efforts. However, protecting the coastal environment from oil spillages or other contaminants from a modern ship can also be a motivator, as oil, cargo, and other pollutants can easily leak from a wreck and in these instances, governments or authorities may organise the salvage.
San Pedro Underwater Archaeological Preserve State Park is a Florida State Park located in 18 feet (5.5 m) of water, approximately 1.25 nautical miles (2.32 km) south of Indian Key. It became the second Florida Underwater Archaeological Preserve when it opened to the public in 1989. The heart of the park is the San Pedro, a submerged shipwreck from a 1733 Spanish flotilla, around which visitors can dive and snorkel. The San Pedro, a 287-ton Dutch-built vessel, and 21 other Spanish ships under the command of Rodrigo de Torres left Havana, Cuba, on Friday, July 13, 1733, bound for Spain. The San Pedro carried a cargo of 16,000 silver Mexican pesos and crates of Chinese porcelain. A hurricane struck the fleet, while entering the Straits of Florida, and sank or swamped most of the fleet. The wrecksite includes an "eighteenth century anchor, replica cannons, ballast stones encrusted with coral, a dedication plaque, and a mooring buoy system." The wreck was added to the U.S. National Register of Historic Places on May 31, 2001.
Treasure hunting is the physical search for treasure. For example, treasure hunters try to find sunken shipwrecks and retrieve artifacts with market value. This industry is generally fueled by the market for antiquities.
The archaeology of shipwrecks is the field of archaeology specialized most commonly in the study and exploration of shipwrecks. Its techniques combine those of archaeology with those of diving to become Underwater archaeology. However, shipwrecks are discovered on what have become terrestrial sites.
The Lofthus is a Norwegian shipwreck near Boynton Beach, Florida, United States. Built in 1868 in Sunderland, England by T.R. Oswald, the 222-foot iron-hulled vessel was originally christened Cashmere and rigged as a three masted barque. She was painted with false gunports to ward off Sumatran and Javanese pirates. After a career in the East Indian trade Cashmere was sold to a Norwegian firm, renamed Lofthus, and used in the American trade. On February 4, 1898, the Lofthaus wrecked in a storm en route to Buenos Aires, Argentina from Pensacola, Florida. The crew of 16 men, as well as the ship's cat and dog were rescued by the passing vessel Three Friends, which was smuggling guns to Cuba. The ship, however, was declared a loss as it could not be removed from the shallow reef. The cargo, primarily lumber, was salvaged and brought ashore by locals and reportedly used to build homes in the Boynton Beach area.
The Convention on the Protection of the Underwater Cultural Heritage is a treaty that was adopted on 2 November 2001 by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The convention is intended to protect "all traces of human existence having a cultural, historical or archaeological character" which have been under water for over 100 years. This extends to the protection of shipwrecks, sunken cities, prehistoric art work, treasures that may be looted, sacrificial and burial sites, and old ports that cover the oceans' floors. The preservation of underwater cultural heritage is significant as it allows for the retelling of numerous historical events. As part of its duty to conduct scientific research and provide continuous education on the importance of underwater cultural heritage, UNESCO strives to maintain these sites for the enjoyment of current and future generations. The convention may provide a customary framework to help raise awareness and seek to combat the illegal looting and pirating occurring in waters worldwide. As an international body, member states of the convention agree to work towards the preservation of sunken cultural property within their jurisdiction and the high seas.
Sinking ships for wreck diving sites is the practice of scuttling old ships to produce artificial reefs suitable for wreck diving, to benefit from commercial revenues from recreational diving of the shipwreck, or to produce a diver training site.
SS Comet was a steamship that operated on the Great Lakes. Comet was built in 1857 as a wooden-hulled propeller-driven cargo vessel that was soon adapted to carry passengers. It suffered a series of maritime accidents prior to its final sinking in 1875 causing the loss of ten lives. It became known as the only treasure ship of Lake Superior because she carried 70 tons of Montana silver ore when it sank. The first attempts to salvage its cargo in 1876 and 1938 were unsuccessful. Comet was finally salvaged in the 1980s when the Great Lakes Shipwreck Historical Society illegally removed artifacts from the wreck. The artifacts are now the property of the State of Michigan and are on display as a loan to the Great Lakes Shipwreck Museum. The fate of her silver ore cargo is unknown. Comet's wreck is now protected by the Whitefish Point Underwater Preserve as part of an underwater museum.
The John M. Osborn was a wooden steam barge that sank in Lake Superior in 1884 with the loss of five lives. The Osborn was just 2 years old when the larger, steel-hulled Alberta, which was called a "steel monster" and "terror of the lakes", rammed her. The wreck of the Osborn was discovered 100 years after her sinking. The wreck was illegally salvaged in the 1980s. Many of Osborn's artifacts became the property of the State of Michigan after they were seized from Great Lakes Shipwreck Museum. The State allows the museum to display the artifacts as a loan. The wreck of the Osborn is now protected by the Whitefish Point Underwater Preserve as part of an underwater museum.
The Belitung shipwreck is the wreck of an Arabian dhow which sank around 830 AD. The ship completed the outward journey from Arabia to China, but sank on the return journey from China, approximately 1.6 kilometres (1 mi) off the coast of Belitung Island, Indonesia. It is unclear why the ship was south of the typical route when it sank. Belitung is to the south-east of the Singapore Strait by 610 kilometres (380 mi), and this secondary route is more normal for ships travelling between China and the Java Sea, which is south of Belitung Island.
The Florida Public Archaeology Network, or FPAN, is a state supported organization of regional centers dedicated to public outreach and assisting Florida municipalities and the Florida Division of Historical Resources "to promote the stewardship and protection of Florida's archaeological resources." FPAN was established in 2004, upon legislation that sought to establish a "Florida network of public archaeology centers to help stem the rapid deterioration of this state's buried past and to expand public interest in archaeology."
The conservation and restoration of shipwreck artifacts is the process of caring for cultural heritage that has been part of a shipwreck. Oftentimes these cultural artifacts have been underwater for a great length of time. Without conservation, most artifacts would perish and important historical data would be lost. In archaeological terms, it is usually the responsibility of an archaeologist and conservator to ensure that material recovered from a shipwreck is properly cared for. The conservation phase is often time-consuming and expensive, which is one of the most important considerations when planning and implementing any action involving the recovery of artifacts from a shipwreck.
The following index is provided as an overview of and topical guide to Wikipedia's articles on recreational dive sites. The level of coverage may vary:
Recreational dive sites are specific places that recreational scuba divers go to enjoy the underwater environment or for training purposes. They include technical diving sites beyond the range generally accepted for recreational diving. In this context all diving done for recreational purposes is included. Professional diving tends to be done where the job is, and with the exception of diver training and leading groups of recreational divers, does not generally occur at specific sites chosen for their easy access, pleasant conditions or interesting features.
The Agreement Concerning the Shipwrecked Vessel RMS Titanic is a treaty open to all states regarding the protection of the shipwreck of the RMS Titanic. Following the passage of the RMS Titanic Maritime Memorial Act in 1986, the United States began negotiations in 1997 with the United Kingdom, France, and Canada toward an agreement to protect the wreck. The agreement was signed by the UK in 2003 and by the US in 2004. It was not until 2019 that the US ratified the agreement, bringing it into effect on 18 November, the day of deposit of the instrument of ratification.
SS De Klerk was a Dutch passenger-cargo liner owned by NV Koninklijke Paketvaart Mij (KPM) Batavia.
{{cite journal}}
: Cite journal requires |journal=
(help)