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From: "Michael Barnette" <aocfishman@ho*.co*>
To: AtlanticDiver@eg*.co*, FLTechDiver@mikey.net, vbtech@ci*.co*,
     techdiver@aquanaut.com
Subject: UNESCO
Date: Sun, 21 Oct 2001 16:12:28
The following is a reply I made to an archaeologist on another list-serv who 
apparently does not understand why divers may be opposed to the UNESCO 
Convention on Underwater Cultural Heritage (UCH).  For those of you 
unfamiliar with the UNESCO Convention on UCH, I strongly suggest you read 
it.  You can find the .pdf file at:

http://unesdoc.unesco.org/images/0012/001232/123278e.pdf

As you will see, it may have very important repercussions on technical 
diving.  To date, I have not been worried about the government regulating 
technical diving activities.  However, upon reading this Convention and 
noticing an innocent looking rule, I saw a potential open door for 
regulation.  This troubles me greatly.

Anyway, here is the reply which helps to describe the potential problems...

>So please tell me, what's the big problem?

I have read the document and, since you asked, here is a list of what 
troubles me:

Rule 28.  HUGE issue here that I felt needed to be mentioned first (from my 
perspective).  Since they included safety as an issue, this alone could 
preclude my diving activities that include mixed gasses and inwater 
decompression to depths easily exceeding 200fsw.  This really opens the door 
for increased regulation in technical diving by those that have no 
background or clue to those activities.  They may simply prevent it "for the 
sake of safety."  That is not acceptable.


Article 2, Item 5.  As stated earlier "in situ" preservation is not an 
effective management measure if, as stated in Item 3, your objectives are to 
conserve UCH for the "benefit of humanity."

Article 2, Item 10.  You are correct there is a provision to encourage 
non-intrusive access, however the final words are what is troubling.  Who 
decides when non-intrusive access becomes incompatible with UCH protection 
and management?  Call me a pessimist, but I have a feeling that in some 
(many) instances, prohibiting all access may be easier for managers than 
having to monitor diving activity.  This has already happened in National 
Parks and elsewhere.  *THAT* is what troubles me and fellow divers.

Article 5.  Potential repercussions from fishermen.  Do they even know about 
this document???  I have witnessed how the prohibition of one group (e.g., 
fishermen, due to incidental damage to UCH) will impact other activities due 
to political pressure and perceived equity issues amongst user groups.  When 
fishermen were recently prohibited from a marine protected area, they saw 
that their inclusion was not possible so they went after divers.  Even 
though the impacts of non-consumptive divers were negligible, they were 
prohibited to appease the other user groups.  So, while there are statements 
that encourages access on UCH (Article 2, item 10), the document also leaves 
an "escape clause" that can be utilized by other user groups that can easily 
prevent access.

Article 9, Item 1.  I enjoy researching, diving, and documenting new 
shipwrecks as I see fit.  I don't want to have to be faced with red tape and 
bureacracy.

Article 10, Items 2, 3, 4.  I question who will be making these decisions 
and their rationale.

Article 11, Item 1.  Same as Article 9, Item 1.

Article 12, Item 1.  My diving activities are exclusively (with minor 
exceptions) directed at deepwater wreck sites from 200-400+fsw.  Many times 
we have no idea what we are diving on and will be the first to document the 
site.  It is possible that these activities may be preceived to run counter 
to this Convention and, at best, I may get static and be hassled, and at 
worst, my diving activities may be prohibited.

Article 18, Item 1.  The artifact police.  This item does not indicate 
whether or not the artifacts collected before the implementation of thic 
Convention is included.  I do not like the potential open-endedness of this 
Item.

Article 18, Item 4.  It is hard enough to get access to view and photograph 
artifacts (you know, for the "public benefit") recovered by archaelogists 
(in some instances).  This reminds me of the last scene from "Raiders of the 
Lost Ark"

Annex

Rule 1.  See above.
Rule 6.
Rule 7.  See above.
Rules 9-13.
Rules 22-23.

In short order, I plan to have a link on the main page of the AUE website 
with e-mail addresses so that you can contact those (U.S. representatives) 
involved with the UNESCO Convention to urge them not to ratify this treaty.  
Please check the AUE website Monday morning.

Regards,
Mike

Michael C. Barnette
Association of Underwater Explorers
Because it's there...somewhere...maybe.
http://www.mikey.net/aue




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