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Date: Thu, 11 Feb 1999 09:16:19 -0800
From: tleemay <tleemay@ix*.ne*.co*>
Organization: LA SAT TECH-SCDC/GlobeCast N.A.-France Telecom
To: Gilldiver@ao*.co*
CC: techdiver@aquanaut.com
Subject: Re: Ship wreck laws in CA
Gilldiver@ao*.co* wrote:

-SNIP-

> In reply to a question on the status of the USS Moony, a WWI destroyer sunk as
> a film prop off of LA Harbor, Mr Pelkofer states that:
> 
> <<As to the USS Mooney, so far as the State is concerned it and all
former
> military vessels belong to the US. unless they say they don't.   The State's
> only interest in them would be if someone wanted to salvage them and in doing
> so came within our permit process because they were in state waters.  The
> concern then would be environmental not archaeological.   I can't tell you who
> own the Mooney.  Based on your facts, if the Navy sold it (and had authority
> to sell) then movie studio was the owner when it was sunk, it belongs to the
> studio, unless the studio abandoned it.  Is it historic, possibly, does the
> State claim it .  NO>>
> 
> Now for my own opinion.
> 
> The statement that wrecks are determined on a case by case basis is all well
> and good, but if the process of determination is not codified so that the
> State has to go through a justification process the State will always make the
> decision by not making a decision. The State will say that because it is older
> then 50 years it must be historic so it is ours. If fact Mr Pelkofer stated
> 
> ""There is a presumption that objects that have remained under water for 50
> years are significant, but that presumption is subject to proof any time it is
> questioned""

-SNIP-

> As for the Moony, anyone have the time and the money to test that case?

Peter, I think in all your research of this particular wreck and case
study by Mr. Pelkofer, you both seem to think the wreck in question is
the "Mooney".  Regardless, it is acknowledged that your point, as well
as Mr. Pelkofer's, are well taken.

Your research and study were flawed from the start... the wreck is the
"Moody".

-- 
T.MAY - LA SAT TECH-SCDC/GlobeCast North America-France Telecom/NEDist
http://www.globecast.com or http://www.francetelecom.com = work
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--
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