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
hen 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).
Wisconsin
Lawyer