| February 18, 2006
Our six year struggle to get friendly diving regulations for Alabama
is at an end. The Public Has Won. We had the worst regulations you could
imagine and now we have the best. The meeting last Wednesday in Montgomery
was very good. Governor Riley was not physically at the meeting but
he and his wishes were certainly there. He made known to the directors
that he wanted this issue settled now and that he supported the wishes
of the diving public. He wants us to find, recover, preserve and save
our lost history. He knows that the public is best able to find and
save these lost and deteriorating items.
Lee Sentell is a director of the Alabama Historical Commission. He is
also the head of the Alabama Bureau of Tourism and Travel and a good
friend of Governor Riley. Mr. Sentell asked me several questions at
the meeting. He asked me if passing the new regulations will make the
divers happy. I said yes but I did want the definition of cultural resources
made clearer without delaying the new regulations. I said a letter from
the AHC would be helpful in explaining to divers what they can and cannot
do. Mr. Sentell and the other directors told Ms. Brown to write me such
a letter. She promptly sent me such a letter. Mr. Sentell then asked
me if I was happy and I said I am.
Mr. Sentell then said he wanted to make sure that everyone understands
the regulations and what they cover. He asked me if a person can now
find an arrowhead and keep it. I answered that if the arrowhead is on
an Aboriginal burial mound on land or underwater then that is controlled
and outlawed by state and federal law. People cannot find and keep an
arrowhead from those sites. An arrowhead found anywhere else underwater
in Alabama can be found and kept. I then asked Dr. Maher, who is the
State Archaeologist for Alabama, if what I said was correct. Dr. Maher
said yes. Mr. Sentell then asked me if someone could find and keep a
cannon. I explained that I have been diving 41 years and have never
seen a cannon underwater except on tourist type dive sites, not in Alabama.
I said if a cannon is located on or associated with a cultural resource
as determined by the definition of cultural resources under this law
then that cannon could only be salvaged with a permit from the AHC.
If the cannon were located anywhere else then it could be found and
kept by a person. I asked Dr. Maher if what I said was right. He said
yes.
Mr. Sentell then said he wants an article in the Associated Press to
make divers aware of the new regulations and that divers can find artifacts
while diving that are not a cultural resource and that this is perfectly
legal and that these divers are not to be harassed. He then said that
this article is to be written by the staff of the AHC so that there
will be no confusion by the public or by law enforcement. Mr. Sentell
told me that he wants to have a press conference in Birmingham to let
the public know that Alabama is a friendly state to divers. He wants
to encourage tourism in our state. Mr. Sentell is not a diver but Governor
Riley is as well as his family. Mr. Sentell was speaking for Governor
Riley and there is no way for me to express how much I appreciate what
our Governor has done for us.
During the last two years I have been talking to the legislators of
Alabama. I like these people and appreciate them looking out for the
public. If not for our own legislators we would be at the mercy of the
bureaucrats of our state. The legislators are our representatives and
they are us. Thank God for our legislators. I know some legislators
serve special interest groups but everyone has a special interest. Remember
that the legislators can't read our minds. We must ask them to help
us when we need help. They will help but we must clearly tell them what
we want. We must stay involved in our government and politics. As my
friend Archie Phillips told me, "You must either participate in
politics or you will be a victim of politics."
Several of our legislators have given extreme support for divers of
Alabama. These men have done everything we have asked and more to get
back your freedoms and access to our public waters. Representative Jim
McClendon is my representative from St. Clair and Shelby counties. He
is the reason that the Sunset Review Committee is investigating the
AHC. He also worked with Governor Riley to fix the problems that we
have had. He is wonderful and we must keep him as our representative.
Senator Jack Biddle of Blount, Jefferson and St. Clair counties has
been a workhorse for six years trying to fix our laws and regulations.
He is the one that gave me the encouragement to believe that we would
succeed if we persevered long enough. He cares about history and is
an avid outdoorsman and sportsman. He looks out for all the outdoorsman
of our state. We must keep him as our great Senator. Representative
Cam Ward of Bibb and Shelby Counties sponsored legislation for us and
supported divers in all of our requests. He did a great job at several
public hearings. He is a young man with I hope a long future serving
the people of our state.
These men never asked me if we were Democrats or Republicans, black
or white, Jewish, Protestant or whatever. They didn't care about that
and they know that we are a diverse group that includes everyone. They
not only represented their areas, they represented the people of our
entire state. These legislators and Governor Riley are running for reelection
this year. They have served us well. We need to now support those who
have helped and supported us. They are proven and not a maybe. Please
vote for them, volunteer to help in their campaigns and give financial
contributions to their campaigns. Here are their addresses.
Senator Jack Biddle
2256 Pinehurst Drive
Gardendale, AL. 35071
alsenate17@aol.com
Jim McClendon Campaign
361 Jones Road
Springville, AL. 35146
jimmcc@alltel.net
Committee to Re-Elect Cam Ward
P. O. Box 1749
Alabaster, AL. 35007
camjulward@aol.com
campaign@bobrileyforgovernor.com
205-877-4095
Please let the legislators know that you are a diver or a non-diver
who is interested in these issues.
Now I want to write about the new regulations and what they allow.
1) Gold prospectors can now find and keep gold that they find in our
streams.
2) No permits are required for any divers to dive anywhere in Alabama.
3) Permits are only required for Salvors to find and salvage cultural
resources. Cultural Resources are certain shipwrecks that are listed
on or determined eligible for the National Register of Historic Places
or the Alabama Register. Currently the Alabama Register has no underwater
listing and no requests for eligibility. The National Register lists
only the Tecumseh in Alabama. I don't think any other ships have been
determined eligible at this time. Many ships, especially in Mobile Bay
probably will be determined eligible and listed. The state should be
involved in salvage or raising of these historic ships.
4) Underwater fossils can be found and kept in Alabama with no permit
required.
5) Relics and artifacts that are not cultural resources as defined in
the law can be found and kept. No permit required.
Another part of the new regulations reads that two members from the
diving community will be appointed to the Maritime Advisory Council.
This was put in so divers will have input on what effects them. Bob
Cox from Gulf Coast Divers in Mobile and I are going to be the two that
are appointed.
You can read the new regulations on our web page. The old wording that
is being removed is lined through. The words that are added are underlined.
Here is a link to the new regulations.
http://www.ssdsupply.com/aucraP/New%20Regs%202_15_06.pdf
Ms. Elizabeth Brown's letter from the AHC can be read here. http://www.ssdsupply.com/aucraP/Thursday%20%20February%2016%20%202006.pdf
I suggest that all divers print out a copy of the new regulations and
a copy of Ms. Brown's letter. Carry these with you when diving to inform
any misinformed individuals or law enforcement officers who are confused
about our diving laws and regulations.
I think now that we should think about deserving these diving freedoms
in our state. Let's make sure that we record where we find relics and
artifacts. This is so easy now with GPS. I'm not saying to give away
your favorite locations to anybody. Someday you will be leaving the
ranks of the living and you will want your relics and artifacts to be
put in a museum or cherished by your family. Good records of locations
found are important. I feel that we divers and collectors should do
all the volunteer work that we can, such as:
1) Go to schools, historical meetings, scout meetings and shows to show
your relics and artifacts and to teach about history.
2) Learn to properly preserve and display your relics and artifacts.
The internet is a great source of information on preservation and we
will help anyone who needs advice.
3) Lend, don't give your relics and artifacts to local museums, schools
and libraries. The reason that I say don't give is that museums will
sell things to raise money. If you don't care if they sell your donations
then go ahead and give them. I have bought at least half of my Civil
War collection and I bought most of it from State Museums. I intend
to lend all of my collection to state museums, but I won't allow them
to sell my things. If the museum closed down I want to be able to move
my things to another museum. I also intend on having some say about
how my relics are displayed.
4) Let authors of books use your collections for their publications.
Make sure that all authors and museums list your name as the person
who provided the item. We have been anonymous for too long. People need
to know that we are relic hunters, divers and arrowhead collectors.
They also need to know that we are the people who fill the museums with
relics. We write or help write most if not all of the reference books
used by museums, collectors and historians when studying relics and
artifacts. We are the only people who can effectively save underwater
relics. We pay our own expenses and work for nothing. We amateurs have
made most of the large and small discoveries of relics and artifacts
that have been found thus far. We will be the people who add to the
known history of Alabama.
Once again I want to thank all the people who have helped gain back
our freedoms. Especially I thank the non-divers who have helped us so
much. We will try to deserve the help that you have given us. Over the
last few years there have been two statements at public meetings that
I will always remember and that I quote for you now.
Archie Phillips said: "The academic professionals seem to think
that they have a monopoly on brains."
Senator Biddle said: " A relic ain't nothing until somebody pulls
it out of the mud."
Sincerely,
Steve Phillips
Save Our Lost History
Southern Skin Divers Supply
4515 5th Ave. South
Birmingham, AL. 35222
205-595-3052
www.ssdsupply.com
Please post this email to all web pages, forums and send to interested
parties.
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American Metal Detecting Association
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