Author: Stop Razzies Association
Over the last decade, more and more people have become passionate about wreck diving: from the fabulous discoveries of Commander Cousteau to Ballard's expeditions, through the books of Clive Cussler, the romantic myth of the wreck explorer and the hunter of sunken treasures has been created.
When the American magazine Aquacorps introduced the neologism wrecker in 1995 , it brought to light, and in some ways “cleared” a phenomenon little known to the general public: the activity of a circle of equipped divers exclusively dedicated to diving on wrecks and the recovery of more or less precious objects, competing with each other to grab any relic plucked from the depths of the sea.
With improved equipment, the use of helium-based breathing mixes, and innovative diving techniques, the technical and operational limits of divers have been expanded, allowing them to explore previously inaccessible sites and see what was previously off-limits.
But for some it was also about taking away what the sea held.
Recent wrecks
We have witnessed in the past and we are witnessing today raids, to the detriment not only of the archaeological heritage, whichUNESCO he defined as “submerged cultural heritage” and which in Italy is protected by the Superintendencies, but also recent wrecks, which in the prevailing opinion seem to be nobody's property and therefore without any protection.
It is on the latter that we focus our attention so that both recreational and advanced divers are aware of the reasons why nothing should be removed.
Legal reasons
First of all, there are very solid legal reasons.
Under Italian law, no wreck found in territorial waters is ownerless: rather, it is considered something of which the owner has lost possession but not ownership.
And this is why the Navigation Code excludes the acquisition of ownership of the item by the finder (in our case the diver who removes objects or parts of the wreck), unlike what the Civil Code provides.
For all the wrecks that are found in territorial waters The general provisions of Article 510 of the Navigation Code impose two obligations on the finder (whether spontaneous or accidental, as the case of contractual or authorized recovery is different): to report the discovery and to deliver the recovered items to the owner or to the nearest maritime authority; the sanction provided for failure to fulfill these obligations is imprisonment of up to three years and a fine of two million lire, as the crime of misappropriation is configured (art. 1146).
The second paragraph of Article 1146 is even more interesting because it increases the penalty by a third if the perpetrator belongs to "maritime personnel or air personnel" or is a person employed "in any way in port or navigation services" or carries out "one of the activities indicated in Article 68".
This category may include personnel working on boats that take divers to certain diving centers.
Legislative Decree 41/2004, the so-called, came into force on 1 May. Cultural Heritage and Landscape Code, which simplifies the previous legislation (Legislative Decree 490/1999, Law 88/1998).
The new regulation distinguishes between cultural heritage in the strict sense (heritage of artistic, historical, or ethno-anthropological interest) and in the broad sense (landscapes).
Wrecks are also or may be subjected to the new regime.
If the existence of cultural interest has been verified (art. 12), the wreck is to be considered a cultural asset pursuant to art. 10, paragraph 1; for ships and floating objects of artistic, historical, or ethno-anthropological interest (art. 10, paragraph 4, letter i), a declaration of cultural interest pursuant to art. 13 will be required.
Regardless of the offense, anyone who unlawfully takes possession of cultural property belonging to the state (and the items indicated in Article 10, found underground or on the seabed by anyone and in any way, always belong to the state pursuant to Article 91) is punishable by imprisonment of up to three years and a fine of 31 to 516 euros.
In short, under Italian law, removing and retaining objects or parts of wrecks can be very costly.
Biological aspect
The biological aspect of a wreck should absolutely not be underestimated.
As soon as a ship is sunk, it reveals itself to the marine world in all its strangeness.
Soon, however, a process will begin that will inexorably transform it into a substrate for countless benthic organisms and a shelter for numerous fish species.
Indeed, there is nothing more artificial than the myriad of living organisms that day after day colonize every square meter of the structures.
Have you ever carefully observed the different stages of colonization of a wreck by marine organisms?
Have you ever noticed how many and how they follow one another until they fill every millimeter of sheet metal space?
From macroalgae, which are the first to settle, we pass through various evolutionary stages with an alternation of different species for the predominance of space; it is a continuous struggle in which the strongest species manage to conquer ever larger spaces until they occupy every empty space.
The increasing complexity of benthic communities It manifests itself with photophilous species on the structures most exposed to light and more shade-loving, shade-loving species on the side and lower walls of the sheets.
Over time, the complexity of these communities tends to increase, until they even become nurseries, that is, areas for fish repopulation.
The scientific community has been studying and evaluating the effects of these artificial reefs on marine ecosystems for several years now.
It has been demonstrated on more than one occasion how it leads to an increase in fish fauna with an increase in species of high commercial value together with non-commercial species.
Several countries, from Canada to Mexico, British Columbia, and Spain, are even starting to use old, decommissioned boats as artificial reefs.
Microcosm
Ultimately, an intact wreck is a microcosm that contains a myriad of information about the historical period to which it belongs and bears the marks of the events that dragged it to the bottom of the sea: time stopped at the moment of its sinking.
Exploring and carefully observing the structures and artifacts it contains allows us to open a window onto the past and activate a cognitive process limited only by our interest and curiosity.
By observing the navigation and signaling instruments on board, the propulsion system , the cargo structures and any armaments , we can learn a lot about the naval technology of the time. From artifacts such as pots, pans and various household items – very common on unexplored or little-visited wrecks – we can glean information about life on board and the conditions of the sailors and passengers of the time.
A ship is never a separate entity, but represents a connection between events that we can document and reconstruct like a game of Chinese boxes where stories contain other stories; perhaps with the help of the memories of survivors, if any, which bring the events that led to the sinking to life: many smaller stories add up and bring that "piece of iron" at the bottom of the sea to life.
Historical events
Sometimes a wreck symbolizes, crystallizes an event and a sinking can be considered decisive in the sequence of historical events: just think of the importance of the Szent Istvan for the fate of the First World War, or the loss of the Re d'Italia and the Palestro in the battle of Lissa for the newly established Kingdom of Italy.
If, then, there has been a loss of human life, it is essential to reiterate respect for a site that has been transformed into a submerged tomb.
Finalized removals
Nor is it comprehensible that removals were made for the purpose of identifying the ship, as those who carry them out often justify; the recovery of objects in itself provides no decisive contribution to identification and, on the contrary, is an obstacle for true naval history enthusiasts because without these clues it is impossible to reconstruct certain events.
The high quality of underwater photography and filming offered by current technology, even in challenging conditions, allows for detailed study without touching anything.
There are many other means used by those who want to try their hand atidentification of a wreck.
Measurements of notable points on the ship, drawings, video and photographic documentation and weeks and sometimes months spent consulting books, photographic archives, contacting naval experts and historians from all over the world.
Concluding
It's not worth bringing to the surface objects that will deteriorate or gather dust in some cellar or be sold to antique dealers or second-hand dealers for a pittance.
Removing artifacts from a wreck means erasing, even completely, the traces that history has left us; it's no exaggeration to speak of the loss of our memory.
What would remain of this enormous source of knowledge if each of us took a little piece away?
Probably nothing.
The initiative is sponsored by the following associations and portals:
• AIDMEN
Italian Association of Maritime and Naval Documentation
• Archaeogate ( www.archaeogate.org )
The Italian archaeology portal
• Archeosub.it ( www.archeosub.it )
Online newsletter and meeting place for underwater archaeology
• Zero Gravity ( www.gravitazero.org )
The association's objective is to identify, document and study aircraft, warships and merchant ships – both Italian and foreign – sunk in the Mediterranean Sea, with the exception of wrecks of archaeological interest or significant historical value which are protected by public bodies or by the Superintendency for Archaeological Heritage.
• Italian Free Divers Association ( www.liberisub.it )
The association's purpose is to protect the rights and interests of amateur divers in all areas, including before political and administrative authorities and in court. It also represents diving users in dealings with equipment manufacturers, dive centers, dive schools, national and local authorities, marine parks, and other organizations.
• Relitti.it ( www.relitti.it )
The Italian portal of submerged wrecks
• ScubaPortal ( www.scubaportal.it )
The scuba diving portal with discussion forum
• SIAS ( sias@archeosub.it )
Italian Society of Underwater Archaeology
• On the Crest of the Wave ( www.sullacrestadellonda.it )
News, iconography, and bibliography on a variety of maritime topics, from the history of great explorations to ancient cartography, from marine toponymy to ship modeling, from sea painters to marine archaeology, from scuba diving to nautical instruments, from collecting to travel.
The full texts of the laws reported can be found online at the following addresses:
Navigation code
http://www.studiocelentano.it/codici/codice_navigazione
Cultural Heritage and Landscape Code (Legislative Decree 22.01.2004 n° 41, Official Journal 24.02.2004)
www.altalex.it/index.php?idnot=6931
