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    Wisconsin Lawyer
    September 01, 2001

    Wisconsin Lawyer September 2001: Wisconsin Shipwrecks: Finders Keepers?

    Wisconsin Shipwrecks: Finders Keepers?


    The state owns the more than 700 shipwrecks in Wisconsin's territorial waters, under the custody, control, and supervision of the Wisconsin Historical Society. The law, with its hefty consequences, preserves the diving rights for all users and prevents shipwrecks from being looted and damaged.

    by Carlyle H. Whipple & Laura Naus Whipple

    Diver and sunken wreckWhen we hear of sunken ships, our first mental images are usually of Spanish galleons and treasure divers like Mel Fisher searching for years to find a site that will yield millions of dollars worth of gold and jewels. Another image is that of the Columbus-American Discovery Group, which in 1989 located, dove on, and recovered part of the cargo being transported in 1857 from Colon, Panama, to New York City aboard the side-wheel steamer S.S. Central America. She sunk in a storm 100 miles off the Carolina coast in waters at least a mile and a half deep. The official cargo consignment in 1857 dollars consisted of $1,595,497.13 in gold bars, dust, and nuggets. The 1989 value exceeded $1 billion.1 A third image, and closer to home, is the S.S. Edmund Fitzgerald that sunk in Lake Superior on Nov. 10, 1975, coming to rest 550 feet below the surface. Today, undersea technology permits the location and recovery of almost anything lost on the sea floor, providing cost is no object. Search and recovery expeditions can cost up to $50,000 a day depending upon water depth and the type of equipment used.

        Wisconsin, while lacking the high-profile treasure shipwrecks of the oceans, has more than 700 shipwrecks within its territorial waters. Beneath the waters of Lakes Michigan and Superior, the Mississippi River, and the state's inland lakes and rivers can be found an underwater museum of our state's prehistory and history. From fur trade goods lost from overturned Voyageur canoes to the remains of schooners and steamers, the exploration of Wisconsin's waters provides many unique views into the state's past. It is no coincidence that our state flag shows a sailor and anchor standing next to a farmer and his plow: Wisconsin's lakes and rivers were an integral part of the lives of native Americans, and they allowed European exploration, expansion, and settlement of this state.

    Wisconsin Owns the Shipwrecks Lying Under its Territorial Waters

    There are two converging lines of authority for the fact that the State of Wisconsin owns all of the 700 shipwrecks and their related artifacts that lie submerged under its territorial waters. The first line flows from the Northwest Ordinance of 1787 and the Public Trust Doctrine, and the second from the Abandoned Shipwreck Act of 1987. More than 200 years of judicial precedent establishes the rule that these 700 shipwrecks belong to the state under the custody, control, and supervision of the Wisconsin Historical Society (WHS).2

    Northwest Ordinance of 1787

    At the conclusion of the American Revolution, Great Britain ceded to the United States all lands north of the Ohio River, south of the centerline of each of the Great Lakes, and east of the Mississippi River, known then as the Northwest Territory. Congress enacted the Northwest Ordinance of 1787 (NWO) to administer the lands preparatory to statehood. Title to submerged lands was given to the states that would be formed in the Northwest Territory as each was admitted to the Union.3

           "The sovereignty and jurisdiction of (Wisconsin) extend(s) to all places within the boundaries declared in Article II of the Constitution, subject only to such rights of jurisdiction as have been or shall be acquired by the United States over these places."4 Article 2, Section 1 of the Wisconsin Constitution was accepted by Congress upon the state's admission to the Union and is in conformity with the original territorial grant of Articles IV and V of the NWO.

           Upon its admission to the Union in 1848, Wisconsin became the owner of all submerged lands within its boundaries, including the bottoms of rivers, inland lakes, and Lakes Michigan and Superior. "Submerged lands" are the bottoms of all navigable waters lying below the ordinary high water mark.5 The ordinary high water mark for each of the Great Lakes was last established by the International Great Lakes Datum Commission in 1955 at 601.5 feet above sea level for Lake Superior and 579.8 feet above sea level for Lake Michigan. The Great Lakes are factually and legally inland seas and subject to federal admiralty law and jurisdiction.6

    Public Trust Doctrine

    The Public Trust Doctrine (PTD) establishes that the title to the bottom lands of the Great Lakes is held by each bordering state in an active public trust.7 The PTD has been expanded to include the bottom lands of the Mississippi River and its principal tributaries8 and all of the state's navigable waters.9 The PTD had its genesis in the English common law whereby "both the title and dominion of the sea, and of rivers and arms of the sea, where the tide ebbs and flows, and all of the lands below the high-water mark, within the jurisdiction of the crown of England are in the king."10 It is equally well settled that a grant from the sovereign of coastal lands does not transfer title to the contiguous submerged lands except when "either the language of the grant or long usage clearly indicates that such was the intention."11

           Upon the acquisition of territory by the United States from England, dominion over its submerged lands passed to the United States for the benefit of its citizens in trust.12 All states admitted into the Union subsequent to the American Revolution were on an equal footing with the original 13 states receiving title to the submerged lands within their respective boundaries. This federal grant specifically included Wisconsin.13 These coastal lands are "governed by the laws of the respective states, subject to the rights granted to the United States by its Constitution."14

           Legislative and judicial acts have established that all natural lake beds within Wisconsin are held in an active trust for the benefit of the public, and all navigable waters are public waters for all to use.15 A trust is active when the trustee has affirmative duties to perform (that is, the State of Wisconsin has the duty to protect submerged cultural resources) with respect to administering the property for the benefit of the designated beneficiary (that is, the general public).16 The state has a duty to actively protect and preserve its navigable waters for fishing, recreation, and scenic beauty for the general public, and to further this duty, the Legislature may delegate this authority.17 This duty originated in the NWO.18 The scope of Wisconsin's PTD is that it be administered by the state to promote the general welfare19, including recreational purposes and uses20, and includes pleasure boating, sailing, fishing, swimming, hunting, skating, and enjoyment of scenic breadth.21 To this listing one obviously can add scuba and sport diving, since the scope of public uses of Wisconsin lakes and their bottom lands is open-ended.22

           Through the Submerged Lands Act of 195323, Congress reconfirmed the PTD for Wisconsin and its submerged lands in Lakes Michigan and Superior. It proclaimed that the state owns the bottom lands within its territorial waters and that the state bottom lands are not to be managed in a proprietary fashion, but rather held in trust for the benefit of all citizens of the respective states. The pre-1989 Wisconsin Field Archaeology Act24 titled archaeological artifacts in the state but did not specifically enumerate shipwrecks or their cargoes as a subject matter within the scope of the Act. However, the Act was interpreted to include state ownership of shipwrecks if such wrecks were "clearly of archaeological or historical interest and were found under navigable waters other than streams within the state's boundaries."25 With the 1989 amendment to the Act, the definition of submerged cultural resources was amended specifically to include shipwrecks and their cargoes, with their title being in the state, and to be administered by the WHS26 as cultural resources for the benefit of the general public.

    The Abandoned Shipwreck Act

    The second of the converging lines of precedent for Wisconsin owning specifically classified shipwrecks within its territorial waters is the Abandoned Shipwreck Act of 1987 (ASA).27 Congress determined that the states have the responsibility for managing living and nonliving resources in their waters and submerged lands, including certain abandoned shipwrecks that have been deserted and to which the owner has relinquished ownership rights with no retention.28 The ASA recognized the cultural value of abandoned shipwrecks. Because of the recreational and educational opportunities offered to sport divers and other interested groups, reasonable access to such sites should not be denied by the states.29 The ASA defines a "shipwreck" as a vessel or wreck, its cargo, and other contents.30 A goal of the ASA is for states to provide reasonable access by the public to wrecks for sport diving, recreational and educational opportunities, natural resources and habitat protection, and historic preservation of shipwreck sites.31 It was enacted to resolve the issue of "salvage" and "finds" under federal admiralty law relative to shipwrecks lying in joint state-federal waters.

           Article III, Section 2 of the U.S. Constitution reserves "all cases of admiralty and maritime jurisdiction" for resolution in the federal courts. As admiralty law evolved in the United States, claims to the title of abandoned shipwrecks were asserted in the United States district courts under the law of finds and as salvage claims/awards against the owners of sunken vessels. Conflicting decisions arose within the various federal circuit courts with respect to the title to abandoned shipwrecks and salvage awards relative to a state's authority to own and manage abandoned property on state submerged lands. This confusion over ownership and management resulted in Congress enacting the ASA. The ASA specifically removed the abandoned shipwreck title issue from the admiralty law of "finds" and "salvage."32

           To effect the objectives of the ASA, Congress first asserted title to all abandoned shipwrecks that were either: 1) embedded in submerged lands (as defined in the Submerged Lands Act of 1953)33 of a state, or 2) on submerged state lands and either included or eligible for inclusion in the National Register of Historic Places.34 The sole exception to the ASA are all vessels on public lands of the United States (that is, the Apostle Islands National Lakeshore) or on Indian tribal lands.35 The Submerged Lands Act of 1953 includes the submerged lands of the Great Lakes.36 Congress then transferred its title to the states in which the vessels are located.37 Finally, the admiralty laws of salvage and finds, as it applied to such wrecks, was abrogated.38 An admiralty law exception to the ASA are sunken warships, which continue to remain the property of their respective governments or their successor governments unless title to them is affirmatively released.39

           The term "abandoned" under the ASA conforms with its meaning under admiralty law40, which is that the vessel and/or its cargo are abandoned when title to the vessel and/or cargo has been affirmatively renounced by the owner or when circumstances give rise to an inference of abandonment.41 "Embedded" is to be "firmly affixed in the submerged lands ... such that the use of tools of excavation is required in order to remove the bottom sediments to gain access to the shipwreck."42 Where at least three-quarters of the vessel is clearly visible above the surface of the sea floor, the vessel is not embedded.43 The Sixth Circuit has interpreted the ASA to mean "substantially buried" when the state claimed the vessel was "embedded in state lands."44

           The ASA is constitutional.45 The S.S. Brother Jonathan sunk in California's jurisdictional waters in 1865 carrying $2 million in gold and a U.S. Army payroll estimated at $250,000 (all in 1865 dollars). The state made no efforts to salvage it. Deep Sea Research Inc. located the ship in 1991 and filed an action in admiralty in the United States district court, seeking rights to the wreck and its cargo. At trial, it was stipulated that the wreck was located on the state's submerged lands, but the issues of its being embedded therein, eligible for listing in the National Register of Historic Places, and whether it was abandoned were contested. The court found that the state had failed to establish by a preponderance of the evidence that all of the necessary titling events had occurred.

           The Ninth Circuit affirmed, reasoning that the ASA requires the state to present evidence that the ASA applies, that is, that the wreck was: 1) abandoned, and 2) either embedded in the state's submerged lands or eligible for listing in the National Register. Further, the state must establish abandonment by clear and convincing evidence.46 Once it has been established that the shipwreck belongs to a state and the state has possession of the object (the rem), the Eleventh Amendment then bars in rem suits in admiralty (federal court) against the state. But where the state does not have possession of the object (res), there is no Eleventh Amendment bar to filing suit in admiralty against the state.47

           The ASA abrogated the admiralty rules of salvage and finds as they apply to shipwrecks subject to the Act. This is a nonsequitur as to the laws of salvage because they "apply when the original owner retains an ownership interest in the ship (that is, not abandoned).49Where the owner had abandoned the ship, the courts applied the law of finds, vesting title in the finder of a non-Great Lakes shipwreck prior to the ASA.50 An exception to the law of finds (finders keepers - losers weepers)51 is where the abandoned property is embedded in the sea bottom. It then belongs to the owner of the sea bottom.52

           The Captain Lawrence was wrecked in 1933 off Poverty Island, Mich., just a few miles north of Rock Island in Door County, Wis. Fairport International Inc. brought an in rem action in 1994 in federal court to perfect title in the vessel located on the rocky bottom in 40 to 60 feet of water on Lake Michigan. The available technology of the 1930s permitted salvaging the wreck. The Sixth Circuit opined that Michigan could prove abandonment by inference, using the clear preponderance of the evidence standard. This analysis can include express abandonment, depth of wreck, technology available for salvage operations, length of time, steps taken by owner toward recovery, insurance settlement terms, tax return or business records disposition, wreck location, and failure to pursue salvage efforts. There is a rebuttable presumption in admiralty against abandonment. Where the owner comes forward to assert ownership in a shipwreck, abandonment must be shown by express acts.53 An inference of abandonment is permitted, but only when no owner appears.54

    Protecting Shipwrecks

    Wisconsin has "reserved unto itself the exclusive right and privilege of field archaeology on state sites ... in order to protect and preserve archaeological and scientific information, matter and objects."55 Field archaeology is the study of the traces of human culture by means of surveying, digging, sampling, excavating, or removing objects56 at an archaeological site.57 Submerged cultural resources are archaeological sites or historic property that are located beneath the surface of a lake or stream.58 The declared policy of Wisconsin is to encourage a comprehensive program of historic preservation to promote the use and conservation of its cultural heritage for education, inspiration, pleasure, and enrichment of the public.59

           It is illegal to remove, deface, injure, or destroy any archaeological object from a shipwreck site without state permission60; such violations are punishable by a fine of from $1,000 to $5,000.61 Department of Natural Resources (DNR) wardens have the power to obtain search warrants and to arrest in order to enforce these laws.62Property such as vehicles, boats, trailers, diving equipment, and electronic search gear of persons used in illegal wreck diving or damage and/or artifact damage and/or removal can be seized and confiscated at the court's order.63 Additionally, any removal of an archaeological object for commercial gain shall forfeit twice the value of that object.64 All of these Wisconsin statutes pertaining to submerged cultural resources should be considered as a package because statutes relating to the same subject matter are to be construed together and harmonized.65 When a state agency has a particular competence or expertise on an issue, as in the case of the WHS, the courts will sustain its legal conclusions if they are reasonable.66 Alleged violations of the state laws can be prosecuted by the district attorney or the attorney general.

           Shipwrecks in joint federal-state jurisdictional waters (Lakes Michigan and Superior and the Mississippi River) also are protected by federal statutes. Where violations occur on federal waters, the U.S. Attorney also can prosecute.67 It is a federal offense to remove by force, steal, or destroy any property belonging to a wrecked vessel lost on the Great Lakes, punishable by a fine of up to $5,000 and/or up to 10 years imprisonment.68

    Public Access to Shipwrecks

    The WHS is the principal state agency for administering historic preservation activities and programs69 relative to their preservation, management, and public use.70It works in tandem with the DNR to manage Wisconsin's submerged cultural resources.71 Wisconsin's field archaeology law is not intended to burden persons who wish to use public state property for recreational and other lawful purposes.72 The WHS Underwater Archaeology Program has worked actively to identify the state's shipwrecks through field research; publication of books and reports; public lectures; buoying wrecks for easy public locating; and publishing wreck site cards for field use, showing wreck location, site plans, and vessel histories. This program works to ensure that the public has recreational use of these sites, while at the same time protecting these sites from looting and vandalism.73

    Conclusion


    Carlyle (Hank) H. Whipple, U.W. 1963, maintains Whipple Law Offices Ltd. in Madison. He has been an expert witness in more than 50 boating accident cases and is a frequent contributor to the Wisconsin Lawyer and numerous maritime publications. Laura Naus Whipple, Marquette 1996.

    Wisconsin's shipwrecks are submerged cultural resources that belong to all of us. There is no "finders keepers" for shipwrecks in Wisconsin's waters. Legally they are titled in the state through a unique dual legal evolution. One route commences with the British-American Treaty of Paris of 1783 ending the Revolutionary War, whereby title to the Great Lakes and their sea floors was transferred to the United States. Congress in turn transferred title through the Northwest Ordinance of 1787 to what would become the future states formed from that ceded territory, and enacted the Submerged Lands Act in 1953. For more than a century, the courts have affirmed that state title to the lake beds was held in an active public trust by the respective Great Lakes states, including Wisconsin.

           The second titling route was the Abandoned Shipwreck Act of 1987. Here Congress declared the United States to be the owner of all coastal abandoned shipwrecks, including those of the Great Lakes, and then retitled them in the respective littoral states for their care, management, and preservation. The Act was unnecessary for Wisconsin and the Great Lakes states, but it represents a second protectional avenue for those states.

           Some irresponsible voices of the sport diving and wreck diving community falsely claim that the laws designed to preserve shipwrecks for all to enjoy will end their diving on shipwrecks.74 The law's goal is to preserve the rights for all users and to prevent the shipwrecks from being looted and damaged by the malicious few. The public, and the diving community in particular, must recognize the difference between those who dive on historic ships for knowledge and pleasure and those who dive on them for monetary gain. The press too quickly bestows the title of "underwater archaeologist" on any diver who raises artifacts from the deep. There is a long and honorable tradition of salvage at sea, but it must not be confused with archaeology. Shipwrecks are time capsules of history reflecting daily life as of the day of their sinking. "Wisconsin encourages visitors to enjoy these resources, and to take only pictures and leave only bubbles so that other visitors may also have an enjoyable, educational, and unique diving experience."75

    Endnotes

    1 Gary Kinder, Ship of Gold in the Deep Blue Sea (1998) is the fascinating story of the S.S. Central America salvage operation and its complicated legal battle plan and execution in federal court.

    2 Wis. Stats. §§ 44.30 and 44.47(5m)(b). (All references are to the 1997-98 Wisconsin Statutes).

    3 Ordinance of the Northwest Territory (1787), Article V.

    4 Wis. Stat. § 1.01.

    5 C. Beck Co. v. City of Milwaukee, 139 Wis. 340, 351, 120 N.W. 293 (1909).

    6 The Propeller Genesee Chief, 53 U.S. 443 (1851), superseded by statute. Executive Jet Aviation Inc. v. City of Cleveland, 409 U.S. 249 (1972).

    7 Illinois Cent. R.R. Co. v. State of Illinois, 146 U.S. 387, 435, 437, 452-53 (1892), aff'd 154 U.S. 225 (1894); Angelo v. Railroad Comm'n, 194 Wis. 543, 217 N.W. 570 (1928); Munro v. Meilke, 200 Wis. 107, 227 N.W. 394 (1929); Colson v. Salzman, 272 Wis. 397, 75 N.W.2d 421 (1956); State v. Trudeau, 139 Wis. 2d 91, 402 N.W.2d 337 (1987); State v. Town of Linn, 205 Wis. 2d 426, 556 N.W.2d 394, rev. denied, 201 Wis. 2d  287, 560 N.W.2d 275 (1996); Sterlingworth Condominium Ass'n Inc. v. State Dep't of Natural Resources, 205 Wis. 2d 710, 556 N.W.2d 201, 791 (Ct. App. 1996); Pollard v. Hagan, 44 U.S. 212, 230 (1845); Doemel v. Janty, 180 Wis. 225, 193 N.W. 393 (1923).

    8 Barney v. Keokuk, 94 U.S. 324, 333 (1876).

    9 McLennan v. Prentice, 85 Wis. 427, 444-45, 55 N.W. 764 (1893).

    10 Shively v. Bowlby, 152 U.S. 1, 11 (1894).

    11 Id. at 14.

    12 Id. at 57.

    13 Id. at 26.

    14 Id. at 58.

    15 Wis. Stats. §§ 30.10(1) and 281.31(1); Whipple, Carlyle H., 57 Marq. L. Rev. 26, 27 (1973); see also Halsey,John R., Beneath the Inland Seas: Michigan's Underwater Archaeological Heritage at 29 (1990).

    16 Kinzer v. Bidwell,55 Wis. 2d 749, 755, 201 N.W.2d 9 (1972).

    17 Just v. Marinette County, 56 Wis. 2d 7, 18, 201 N.W.2d 761 (1972).

    18State v. Bleck, 114 Wis. 2d 454, 465, 338 N.W.2d 492 (1983); Illinois Steel Co. v. Bilot, 109 Wis. 418, 426, 84 N.W. 855 (1901); Borsellino v. Wis. Dep't of Natural Resources, 232 Wis. 2d 430, 443, 606 N.W.2d 255 (Ct. App. 1999).

    19 State v. Public Serv. Comm'n, 275 Wis. 112, 119, 81 N.W.2d 71, 74 (1957); State v. Town of Linn, 205 Wis. 2d 426, 556 N.W.2d 394, 402 (Ct. App. 1996).

    20 Muench v. Public Serv. Comm'n, 261 Wis. 492, 511-12, 53 N.W.2d 514, 522 (1952), opinion adhered to on re hearing, 55 N.W. 40 (Wis. 1952).

    21 State v. Public Serv. Comm'n, 275 Wis. 112, 117, 81 N.W. 2d 71 (1957).

    22 Colson v. Salzman, 272 Wis. 397, 75 N.W.2d 421, 423 (1956); Hixon v. Public Serv. Comm'n, 32 Wis. 2d 608, 146 N.W.2d 577, 582 (1966).

    23 43 U.S.C. §§ 1301 - 1315 (1995) (all references are to the 1997 United States Code).

    24 Wis. Stat. § 27.012 (1969).

    25 70 Wis. Op. Att'y Gen. 18, 21, 23 (1970).

    26 Wis. Stat. § 44.47(1)(i) - (5m) and (5), respectively.

    27 43 U.S.C. §§ 2101 - 2106. The National Park Service of the U.S. Department of Interior is the administering federal agency with respect to the ASA.

    28 43 U.S.C. § 2101.

    29 43 U.S.C. § 2103(1), (2).

    30 43 U.S.C. § 2102(d).

    31 43 U.S.C. § 2103(a).

    32 43 U.S.C. § 2106(a).

    33 43 U.S.C. § 1301(a)(1).

    34 16 U.S.C. § 470(a). To be eligible for listing in the National Register of Historic Places, the criteria are established by the Secretary of the Interior and found in 36 C.F.R. Part 63 and 20 National Register Bulletin, U.S. Department of the Interior.

    35 43 U.S.C. § 2105(d).

    36 43 U.S.C. § 130 (a)(1). Zych v. Unidentified, Wrecked and Abandoned Vessel, Believed to be the Seabird, 19 F.3d 1136, n.1 (7th Cir. 1994), cert. denied, 513 U.S. 961 (1994).

    37 43 U.S.C. § 2105(c).

    38 43 U.S.C. § 2106(a).

    39 Sea Hunt Inc. v. The Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634 (4th Cir. 2000).

    40 California v. Deep Sea Research Inc., 523 U.S. 491 (1998).

    41 California, 102 F.3d 379 (9th Cir. 1996); aff'd in part, vacated in part, 523 U.S. 491 (1998); 63 A.L.R.2d 1369 (19__).

    42 43 U.S.C. § 2102(a).

    43 Deep Sea Research Inc. v. Brother Jonathan, 89 F.3d 680 (11th Cir. 1996), aff'd in part, 523 U.S. 491, 149 (1999).

    44 Fairport Int'l Exploration Inc. v. Shipwrecked Vessel Known as the Captain Lawrence, 913 F. Supp. 552, 556 (D.C. Mich 1990), 177 F.3d 491 (6th Cir. 1999).

    45 California, 523 U.S. 491 (1998); Fairport, 177 F.3d at 500 (6th Cir. 1999); Zych, 19 F.3d at 1140, 1143 (7th Cir. 1994).

    46 Fairport, 177 F.3d at 499 (6th Cir. 1999).

    47 Madruga v. Superior Court of State of Cal. in and for San Diego County, 346 U.S. 556, 560 (1954); Hans v. Louisiana, 134 U.S. 1 (1890); Florida Dep't of State v. Treasure Salvors Inc., 458 U.S. 670 (1982).

    48 43 U.S.C. § 2106(a).

    49 Columbus-America Discovery Group v. Atlantic Mut. Ins., 974 F.2d 450, 459 (4 CA 1992), cert. denied, U.S. 113 S. Ct. 1625.

    50 Fairport, 177 F.3d at 498.

    51 Columbus, 974 F.2d 450 (4th Cir. 1992).

    52 Klein v. Unidentified Wrecked and Abandoned Sailing Vessel, 758 F. 2d 1511, 1514 (11th Cir. 1985).

    53 Columbus,974 F.2d 450 (4th Cir. 1992).

    54 Sea Hunt, 221 F.3d at 641.

    55 Wis. Stat. § 44.47.

    56 Wis. Stat. § 44.47 (1)(d).

    57 Wis. Stat. § 44.47 (1)(b).

    58 Wis. Stat. § 44.47 (1)(i).

    59 Wis. Stat. § 44.30.

    60 Wis. Stat. § 44.47 (2).

    61 Wis. Stat. § 44.47 (7)(a)(2).

    62 Wis. Stat. § 29.921(2).

    63 Wis. Stat. § 29.931(2).

    64 Wis. Stat. § 44.47(7)(a)(3).

    65 Cornell Univ. v. Rusk County, 166 Wis. 2d 811, 819, 481 N.W.2d 485, 489 (Ct. App. 1992); Sterlingworth Condominium Ass'n Inc. v. State Dep't of Natural Resources, 205 Wis. 2d 710, 556 N.W.2d 791, 796 (Ct. App. 1996).

    66 Nelson Bros. Furniture Corp. v. Wisconsin Dep't of Revenue,

    67 18 U.S.C. § 1658(a).

    68 18 U.S.C. § 1658(a).

    69 Wis. Stats. §§ 44.02(21) and 44.34(4).

    70 Wis. Stat. § 44.5(m)(e).

    71 Wis. Stat. § 44.5(m)(a).

    72 Wis. Stat. § 44.47.

    73 Wisconsin Department of Natural Resources, Bureau of Law Enforcement, PUB-LE-314-98 at 3, 1997, Boating Program Report,

    74 Peter E. Hess, "Arrested for Shipwreck Diving!," 5 Advanced Diver Magazine at 40 (2000).

    75 Steve Harrington, Diver's Guide to Wisconsin, (quoting David J. Cooper, State Underwater Archaeologist of the Wisconsin Historical Society).


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