Shipwreck

For the event of a ship wrecking, see Shipwreck (accident).

A shipwreck is what remains of a ship that has wrecked, either sunk or beached. Whatever the cause, a sunken ship or a wrecked ship is a physical example of the event: this explains why the two concepts are often overlapping in English.[1]

The United Nations estimates that there are more than 3 million shipwrecks on the ocean floor.[2]

Contents

Types of shipwrecks

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 that were caused by a skirmish at sea are studied to find details about the historic event and reveal much about the battle that occurred. Discoveries of treasure ships, often from the period of European colonisation, which sank in remote places, leaving few living witnesses, such as the Batavia, do occur but only very infrequently.

Some contemporary wrecks, such as the Prestige or Erika, are of interest primarily because of the potential harm to the environment. Other contemporary wrecks are scuttled in order to spur reef growth, such as Adolphus Busch and the Ocean Freeze. Wrecks like Adolphus Busch and many historic wrecks such as SS Thistlegorm are of interest to recreational divers who enjoy diving shipwrecks because they are often interesting to explore, provide large habitats for many types of marine life and have an interesting history.

Very few shipwrecks are famous catastrophes like the wrecks of the Titanic, Britannic, Lusitania or Estonia. There are also thousands of wrecks that were not lost at sea but have been abandoned or sunk. These are typically smaller vessels such as fishing vessels. These vessels can provide an interesting recreational dive but are usually of little interest to historians. They may pose a hazard to navigation and may be removed by port authorities. These vessels are sometimes referred to as abandoned or derelicts..[1] There are more than 3 million wrecks on the ocean floor, the United Nations estimates.[2]

Causes

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 sinkings. Intentional reasons for sinking a ship include forming an artificial reef; due to warfare, piracy, mutiny or sabotage; as part of target practice; or to remove a menace to navigation.

State of preservation

Many factors determine the state of preservation of a wreck:

The above mentioned, 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 its primary state, the state that it had when it sank.

Stratification includes several different types of sand and/or silt, as well as tumulus and encrustations. In addition to these, 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 lead to affecting the hypothetical/possible main 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 being 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 modern-day commodities, or contemporary pollution in bodies of water, that as well severely affect shipwrecks by changing the chemical structures, or even destroying or devastating even more of what is left of a specific ship.

All the above offers great challenges to the marine archaeologist when attempting to bind the pieces of a certain shipwreck together. However and despite these challenges, even if the information retrieved does not appear to be sufficient, or a poor preservation is achieved, authors like J.A. Parker, claim that it is the historical value of the shipwreck that counts, as well as any slight piece of information and/or evidence that is acquired.[3]

Construction materials

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 the 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 like 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.

Salinity of water

Wrecks typically decay rapidly when in seawater. There are several reasons for this:

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.

Loss, salvage and demolition

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 owners of the ship may attempt to salvage valuable parts of the ship or its cargo - this operation can cause damage.

Shipwrecks in shallow water near busy shipping lanes are often demolished to reduce the danger to other vessels.

Depth, tide and weather

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.

Temperature

Extreme cold (such as in a glacial-fed lake) can lead to slow degradation of organic ship materials.

Salvage of wrecks

Often, attempts are made to salvage recently wrecked ships to recover the whole or part of the ship, its cargo, or its equipment. A good example of this was the scuttling and subsequent salvage of the German High Seas Fleet at Scapa Flow in the 1920s. The unauthorized salvage of wrecks is called wrecking.

Shipwrecks and the law

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);[5] although some legal systems treat the two categories differently, others treat them the same.

Wrecks are often considered separately from their cargo. For example, in the English case of the 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 descendants).

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, even though the Third Reich is long-defunct. Many military wrecks are also protected by virtue of their 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).

Some countries assert claims to all wrecks within their territorial waters, irrespective of the interest of the original owner or the salvor.[6] Wartime wrecks have different legal considerations, as they are often considered prizes of war, and therefore owned by the Navy that sunk them.

Some legal systems regard a wreck (and/or 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 is has been accepted to a greater or lesser degree in an Australian case[7] and in a Norwegian case.[8] The American courts have been inconsistent between states and at Federal level.[9] Under Danish law, all shipwrecks over 150 years old belong to the state if no owner can be found. In Spain, wrecks vest in the state if not salvaged within 3 years. In Finland, all property on board shipwrecks over 100 years old vests in the state.

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 the 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).[10] 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.[11] Failure to do so is an offence under the Merchant Shipping Act and can result in a criminal record for theft by finding.[12] 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.[13] A similar situation occurred after the wreck of the MV 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.[14] 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.

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.[15] 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.

Notable salvage of shipwrecks

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 the SS Gairsoppa led to a treasure almost three miles deep.[16]

References

  1. ^ a b Scurvy, Death and Cannibalism (internet video). Shipwreck Central. 2007. http://www.webcastr.com/videos/informational/scurvy-death-and-cannibalism.html. 
  2. ^ a b Arango, Tim (2007-09-11). "Curse of the $500 million sunken treasure". Money.cnn.tv. http://money.cnn.tv/2007/09/10/news/companies/odyssey_treasure_fortune.fortune/index.htm. Retrieved 2009-09-19. 
  3. ^ Parker, A.J. (1981). "Stratification and contamination in ancient Mediterranean shipwrecks.". The International Journal of Nautical Archaeology and Underwater Exploration 10: 309–335. 
  4. ^ "Ethics in Underwater Archaeology". knol.google.com. 2010-09-24. http://knol.google.com/k/dr-e-lee-spence/ethics-in-underwater-archaeology-by-dr/9a3pk7ykcgda/6#. Retrieved 2010-12-13. 
  5. ^ For example, under English law the former were dealt with under rules relating to things found on land, the latter were dealt with under Admiralty jurisdiction.
  6. ^ For example, the US Abandoned Shipwrecks Act 1987 and the Spanish Estatuto No 60/62, 24 December 1962
  7. ^ Robinson v Western Australian Museum (1977) 51 ALJR 806 at 820-821, although significantly the court held that it had not been abandoned despite the fact the ship, the Gilt Dragon, was lost in 1656.
  8. ^ N. Rt. 346 (1970 N.D. 107), per Eckhoff J. (Supreme Court of Norway), "It is possible that an owner's inactivity over a long period of time, taking into account the circumstances, can be sufficient reason for considering that the proprietary right to the wrecked vessel has been relinquished. ... [But] inactivity over a certain number of years cannot in itself be conclusive."
  9. ^ In Treasure Salvors Inc. v Unidentified Wreck [1978] AMC 1404, [1981] AMC 1857 relating to the Atocha the courts treated the wreck and cargo as abandoned, arguing it would be an "absurd fiction" to regard a centuries-old shipwreck as still owned by the original owner. But in Columbus America Discovery Groupo v Unidentified Wreck [1990] AMC 2409, (1992) 337 LMNL 1 the courts were prepared to uphold the claims of the original insurers to the cargo subject to their providing the necessary proof, which they were unable to do.
  10. ^ "UK | England | Devon | Napoli 'scavenging' beach to open". BBC News. 2007-03-14. http://news.bbc.co.uk/1/hi/england/devon/6450219.stm. Retrieved 2009-09-19. 
  11. ^ http://www.mcga.gov.uk/c4mca/mcga-environmental/mcga-dops_row_receiver_of_wreck/mcga-dops_row_report.htm
  12. ^ http://www.mcga.gov.uk/c4mca/mcga-environmental/mcga-dops_row_receiver_of_wreck/mcga-dops_row_penalties.htm
  13. ^ http://www.mcga.gov.uk/c4mca/mcga-newsroom/incident/dops_-_hq-napoli_15_february_.htm
  14. ^ "BBC Radio World Service Broadcast, "What Lies Beneath" First broadcast Friday 22 August 2008". Bbc.co.uk. 2008-08-22. http://www.bbc.co.uk/worldservice/documentaries/2008/08/080821_what_lies_beneath.shtml. Retrieved 2009-09-19. 
  15. ^ "UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage". Portal.unesco.org. http://portal.unesco.org/culture/en/ev.php-URL_ID=34114&URL_DO=DO_TOPIC&URL_SECTION=201.html. Retrieved 2009-09-19. 
  16. ^ C.Michael Hogan. 2011. SS Gairsoppa recovery. Topic ed.P.Saundry. Ed.-in-chief C.J.Cleveland. Encyclopedia of Earth. National Council for Science and the Environment, Washington DC

See also

External links