Update: 2/24/12 – Thanks to YOUR help, our fellow Detectorists in Alabama have avictory! Bill HB-54 passed …. YOU sending one email really did make a difference.Now it’s onto the Senate. Please email the Senators in Alabama using the link below. Tell them to pass SB-81. Together, we are making a difference!
Reach all Alabama State Senators with one email. Click on the link below and then paste all of the email addresses into the “To:” field by right clicking your mouse then select “paste” or by using the key board hitting “Ctrl V”. Ask them to please support SB-81.
Email the Alabama State Senators Now!
Microsoft Outlook Users, please use these links instead:
Email the Alabama State Senators Now!
Below is an update from Steve Phillips:
My sons and I have helped introduce a new bill in the Alabama Senate, SB-81 (HB-54 in the House), that will make the current law easier to understand. The public currently has the right to find isolated underwater finds, but some professional archaeologists and their cronies at the Alabama Historical Commission have misled some law enforcement officers into believing that it is illegal to find and keep isolated finds such as an arrowhead, a coke bottle, or a coin. This is not true, but people have been harassed, detained, and their property confiscated on the Tennessee and Alabama Rivers, and in Mobile Bay.
Our bill does three things…..
Deletes (whether or not) from the definition of Cultural Resources.
Adds a definition for an artifact where no definition currently exists.
Adds the already existing state and federal law numbers to the bill, so that it protects Indian burial grounds and any other cemeteries that are underwater.
All historic shipwrecks are currently controlled by the AHC, and we are not trying to change that at all. SB-81 does not increase or decrease any current or future cultural resources that are to be permitted by the Alabama Historical Commission. We just don’t want our law enforcement officers to be used by professional archaeologists to stop divers from legal diving.
Please read
SB-81 (HB-54 is identical but not yet available).
An article was in the Birmingham News this week that brought attention to the matter, and some of the professional archaeologists have been emailing and calling the Senators and Representatives asking them to kill our bill. These professional archaeologists and their cronies want exclusive rights to our 77,000 miles of waterways and to everything underwater. They could just as well claim all fish belong to the state, so no one could keep a fish.
Alabama has over 100,000 divers who work and pay taxes. We are permitted and certified. We have our boats permitted, and we support Alabama. Divers should find isolated items and save as much of our lost history as possible, and we need them to not be afraid to tell what they find because they fear harassment. Significant finds will be made in the future and we all want to learn from these finds. Other states have friendly dive laws that encourage divers to search and share what they have found, and we don’t want Alabama divers to feel they must keep their finds secret. These items are rusting and eroding away and need saving. We divers do not want to limit the efforts of the professionals, but we don’t want them to be our masters or regulators. We are the public and the public waters are ours individually as much as theirs. Individual Rights are what our constitution guarantees, not that the mob rules.
Items that are found are often placed in museums such as Tannehill State Park. All reference books identifying relics and artifacts have been written by authors using collectors such as our family, and over twelve reference books have been written using Steve’s collection alone. Professional Archaeologists have written none of these, or any other, Civil War reference books. Hunters, fishermen, arrowhead collectors, fossil hunters, relic hunters, gold prospectors, historians, museums, and amateur archaeologists, as well as divers, have a common interest in using our public lands and waters. Being amateur archaeologists or historians does not mean that we are lesser people, it just means that we are not paid. We don’t want grants or contracts as the professionals try to get for anything they do. Amateurs are good. The best golfer in history was an amateur. His name was Bobby Jones and he golfed for love of the game, not money. We, the public, use our waters for love, not money. SB-81 is supported by the Alabama Tourism Department and the Indian Tribes.
We need your individual support to help us pass this bill. A State Senator told me in email this week:
Steve, another barrage of emails have gone out around the state today to legislators about our bill. I have had four committee members contact me and ask that we not even bring our bill up for a vote in committee because of such strong opposition they are hearing. We really need to get some people contacting their legislators to support this or I am afraid it will be soundly defeated in a committee vote.
Please take a moment and contact ALL Senators and Representatives and ask them to Support SB-81 and HB-54.
HERE IS SB-81
Under existing law, the Alabama Cultural Resources Act prohibits the salvaging of cultural resources from the waters of this state except with a permit. The term "cultural resource" is broadly defined to include underwater items on lands under navigable waters whether or not associated with a shipwreck. A violation of this act is a criminal offense. This bill would amend the definition of cultural resources to specify cultural resources are those found with any shipwreck, would add a definition for artifacts, and would provide that it would be lawful to recover abandoned artifacts which are not cultural resources from submerged lands that are under navigable rivers in this state.
To amend Sections 41-9-291 and 41-9-292 of the Code of Alabama 1975, relating to the Alabama Underwater Cultural Resources Act; to amend the definition of cultural resources; to add a definition for artifacts; and to provide that it would be lawful to recover abandoned artifacts which are not cultural resources from submerged lands that are under navigable rivers in this state. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 41-9-291 and 41-9-292 of the Code of Alabama 1975, are amended to read as follows: "§41-9-291. "As used in this division, the following terms shall have the following meanings: "(1) ARTIFACTS. Any man-made object. "(1) (2) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama. "(2) (3) CONTRACTOR. Any individual, company, corporation, or private or public institution determined by the commission to be appropriately qualified, that has applied for and received a permit or contract from the commission to begin exploration or excavation activities in state-owned waters. "(3) (4) CULTURAL RESOURCES. All abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other
cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding therefrom sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places or the Alabama Register of Landmarks and Heritage and any items covered in Section 13A-7-23.1. "(4) (5) EXCAVATION. The study and intentional removal from submerged land belonging to the state, by accepted scientific methods, of any objects recognized as cultural resources. "(5) (6) EXPLORATION. The systematic examination by actual survey of an area of submerged land belonging to the state for the purpose of locating and recognizing cultural resources. "(6) (7) SUBMERGED LANDS. Lands under navigable waterways owned or controlled by the State of Alabama. "(7) (8) TREASURE TROVE. Any gold bullion, gold ingots, gold dust, silver bars, and other precious metals or stones. "§41-9-292. "(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama.
"(b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through the commission, which is designated as the official custodian of state cultural resources within the jurisdiction of the State of Alabama; provided, however, that issuance of any contract or permit shall also be subject to the prior written approval of the Commissioner of Conservation and Natural Resources. "(c) It shall be lawful to recover abandoned artifacts that are not cultural resources as defined in this division from submerged lands that are under navigable river in this state." Section 2. All laws or parts of laws which conflict with this act are repealed. Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
FOR GULF SHORES BEACHES AND ORANGE BEACH..no current prohibition on this.
This is all the information on rules, laws, that i could find, i know its a lot but worth knowing your rights, as a active metal detecting hobbyist. Good hunting
If you would like to donate to keep this information alive, you can send a PAYPAL payment of any amount to
darthsector@gmail.com
Thank you and enjoy!