The purpose of this rule is to provide guidance and information regarding issuance of permits by the division for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands. The rule also ...

 

DEPARTMENT OF STATE
Division of Historical Resources

RULE NO: RULE TITLE
1A-31.0012: Purpose
1A-31.0015: Definitions
1A-31.0022: Prior Agreements
1A-31.0027: No Interest Conveyed
1A-31.0032: Notice Address and Form of Communication
1A-31.0035: Agreements for Exploration or Salvage of Archaeological Materials
1A-31.0042: Exempted Areas and Sites
1A-31.0045: Excluded Areas and Sites
1A-31.0052: Security
1A-31.0055: Exploration Agreements
1A-31.0062: Types of Permit
1A-31.0065: Salvage Agreements
1A-31.0072: Number of Permits Limited to Agency Ability
1A-31.0082: Duration of Permit
1A-31.0092: Permit Area
1A-31.010: Supervision
1A-31.011: Boats to Carry Identification
1A-31.020: Inspection by Permitting Agency
1A-31.025: Assignment and Subcontracting
1A-31.030: Project Archaeologist Qualifications
1A-31.035: Project Archaeologist Responsibilities
1A-31.040: Application Procedures
1A-31.045: Criteria for Issuing a Permit
1A-31.050: Permit Issuance
1A-31.055: Notice of Approval or Denial
1A-31.060: Requirements for All Permits
1A-31.065: Additional Requirements for Exploration Permits
1A-31.070: Additional Requirements for Recovery Permits
1A-31.075: Permit Modification
1A-31.080: Permittee Required to Give Notice of Change
1A-31.085: Permit Suspension and Revocation
1A-31.090: Disposition of Archaeological Materials, Title to Archaeological Materials Conveyed
PURPOSE AND EFFECT: The purpose of this rule is to provide guidance and information regarding issuance of permits by the division for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands. The rule also provides guidelines for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.
The rule amendment is also in response to suggestions from JAPC.
SUMMARY: This rule is to provide guidance and information regarding issuance of permits by the division for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands. The rule also provides guidelines for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.
The rule amendment is also in response to suggestions from JAPC.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Estimated regulatory costs should not be significantly impacted.
Any person wishing to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), F.S., must do so in writing within 21 days after publication of this notice to: Dr. Ryan Wheeler, Bureau of Archaeological Research, 500 S. Bronough Street, MS 8B, Tallahassee, FL 32399-0250.”

SPECIFIC AUTHORITY: 267.031(1), (2), 267.115(6) FS.
LAW IMPLEMENTED: 267.031(2), 267.031(5)(i), (k), (o), 267.061(1), 267.115, 267.13 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 21, 2008, 12:00 Noon
PLACE: Guana Tolomato Matanzas Auditorium, National Estuarine Research Reserve, 505 Guana River Road, Ponte Vedra Beach, FL 32082
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Charlotte Wheeler, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stephen S. Mathues, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

PROCEDURES FOR CONDUCTING EXPLORATION AND RECOVERY SALVAGE OF HISTORIC SHIPWRECK SITES

1A-31.0012 Purpose.

It is the public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such materials to qualified persons, businesses, and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology. The purpose of this rule is to provide guidance and information to the public regarding issuance of permits by the division for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands and for transferring objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.

Specific Authority 267.031(1) FS. Law Implemented 267.031(5)(i), (k), (o), 267.031(2), 267.061(1), 267.115, 267.14 FS. History– New________.

 

1A-31.0015 Definitions.

(1) “Applicant” means any corporation, individual, partnership or other legal entity making application to the division for an Exploration Permit or a Recovery Permit person to enter into a contractual agreement with the division to conduct exploration or salvage activities for archaeological materials on state-owned sovereignty submerged lands.

(2) “Application” means a formal written request on the Application for Exploration Permit or the Application for Recovery Permit Historic Shipwreck Exploration or Salvage in Florida Waters and all other documentation required by this chapter to be submitted as part of such application enter into a contract with the division to conduct exploration or salvage activities for archaeological materials on state-owned sovereignty submerged lands.

(3) “Archaeological materials” means artifacts and remains of historic shipwreck sites including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, and personal items of crew and passengers, and treasure trove.

(4) “Permittee” “Contractor” means an applicant that has been issued an Exploration Permit or a Recovery Permit in accordance with this chapter any person who enters into an exploration or salvage agreement with the division.

(5) “Division” means the Division of Historical Resources of the Department of State.

(6) “Historic Shipwreck Site” means the remains of a sunken or abandoned ship or other watercraft on or below the seabed including but not limited to ships’ structure and rigging, hardware, tools, utensils, cargo, personal items of crew and passengers, and treasure trove, which is generally at least fifty years old “Exploration agreement” means a contractual agreement between any person and the division that authorizes the conduct of certain exploration activities for archaeological materials on state-owned sovereignty submerged lands, imposes conditions on the conduct of those activities and does not create any interest in real property or in any state-owned sovereignty submerged lands.

(7) “Historical resource” means a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old and of historical, architectural, or archaeological value “Person” means any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or governmental entity or officer.

(8) “Exploration Permit” means the form of permission issued in accordance with this chapter to search for historic shipwreck sites on state-owned sovereignty submerged lands “Salvage agreement” means a contractual agreement between any person and the division that authorizes the conduct of certain excavation or removal activities for archaeological materials on state-owned sovereignty submerged lands, imposes conditions on the conduct of these activities and does not create any interest in real property or in any state-owned sovereignty submerged lands.

(9) “Recovery Permit” means the form of permission issued in accordance with this chapter to recover archaeological materials from a historic shipwreck site on state-owned sovereignty submerged lands.

(10) “Project Archaeologist” means the professional underwater archaeologist who meets both the Secretary of Interior’s minimum Standards for Professional Qualifications and the specific standards set forth in Rule 1A-31.030, F.A.C.

(11)(9) “Sovereignty submerged lands” means those lands including but not limited to tidal flats, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, under navigable fresh and salt waters to which the State of Florida acquired title on March 3, 1845 by virtue of statehood, and which have not been heretofore conveyed or alienated.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New 4-13-87, Amended________.

 

1A-31.0022 Prior Agreements.

Any existing agreements or contracts concerning shipwreck exploration or salvage in effect as of the date of enactment of this rule are unaffected by this rule for their stated term and for as long as they shall be renewed by the division. Once such existing agreements or contracts expire, are not renewed or are terminated, this rule shall apply for any future permits.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.0027 No Interest Conveyed.

A permit issued under this rule conveys no present or future interest, right or ownership in state-owned historic shipwreck sites or archaeological materials, and grants no permission beyond that stated in the permit.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New_________.

 

1A-31.0032 Notice Address and Form of Communication.

All communication to the division regarding applications, forms, information, permits and all reports required under the terms of a permit shall be submitted in written form to the division at:

Florida Division of Historical Resources

Bureau of Archaeological Research

1001 de Soto Park Drive

Tallahassee, FL 32301

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New________.

 

1A-31.0035 Form of Consent, Other Laws Agreements for Exploration or Salvage of Archaeological Materials.

(1) The division is authorized to enter into agreements for the exploration or salvage of archaeological materials on state-owned sovereignty submerged lands.

(2) Any person desiring to conduct activities or operations to explore for, excavate or salvage archaeological materials from sovereignty submerged lands may do so only if authorized by the division by an exploration or salvage agreement. Any person desiring to enter into such an agreement shall submit an application to the division before conducting any exploration, excavation or removal activities. This application, which is entitled Application for Historic Shipwreck Exploration or Salvage in Florida Waters (dated 3-86), is incorporated by reference, is available free of charge, and can be obtained by writing the Division of Historical Resources, R. A. Gray Building, Tallahassee, Florida 32399-0250. The division shall require the applicant to provide additional information to correct any error, omission or incompleteness in the application or that is required by the division to meet its responsibilities under this chapter.

(3) Within 30 days of the receipt of an application, the division shall, in writing, notify the Executive Director of Department of Environmental Protection Natural Resources and the applicant that a form of consent may be required from the Board of Trustees of the Internal Improvement Trust Fund to conduct the exploration or recovery salvage activities. No exploration or recovery salvage activities for archaeological materials may commence until the applicant has received necessary consent from the Board of Trustees of the Internal Improvement Trust Fund and any other permits that may be required by local, state or federal laws.

Specific Authority 267.031(1) FS. Law Implemented 253.77, 267.031(2), 267.031(5)(i), 267.061(1) FS. History–New 4-13-87, Amended________.

 

1A-31.0042 Exempted Areas and Sites.

(1) Diving on historic shipwreck sites in Florida waters does not require a permit.

(2) This chapter does not apply to:

(a) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference;

(b) Any vessel for which a federal admiralty court has awarded title as against the State of Florida prior to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987 (herein incorporated by reference), while such title remains valid; or

(c) Vessels entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military vessels as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections 1401-1408, Oct. 28, 2004, 118 Stat. 2094), herein incorporated by reference.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New________.

 

1A-31.0045 Excluded Areas and Sites.

(1) The following categories of state-owned sovereignty submerged lands are not eligible for permits under this chapter:

(a) Inland fresh and brackish waters;

(b) Areas of federal jurisdiction including but not limited to areas of the National Park System, National Marine Sanctuaries, National Wildlife Refuges, National Estuarine Research Reserves and US Military Reservations;

(c) Areas of state jurisdiction including but not limited to State Parks, State Aquatic Preserves, Coastal and Aquatic Managed Areas, State Archaeological Landmarks, State Archaeological Landmark Zones, Underwater Archaeological Preserves, Underwater Archaeological Research Reserves; and

(d) Areas of legally defined and authorized local jurisdiction including but not limited to such uses as public recreation, resource conservation and resource management.

(e) Areas of submerged lands conveyed to public or private entities.

(2) The following categories of shipwrecks are not eligible for permits under this chapter:

(a) Vessels that are or have been under the jurisdiction of a federal admiralty court, except where the applicant provides proof that the federal court’s jurisdiction and any rights it may have awarded are permanently terminated; and

(b) Historic shipwreck sites that are of historical or archaeological significance that permitted activities would be incompatible with the division’s responsibility to administer state-owned and state-controlled historic resources in a spirit of stewardship and trusteeship and to preserve archaeological sites and objects of antiquity for the public benefit.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New________.

 

1A-31.0052 Security.

The permittee is responsible for securing the permit area including any historic resources within or recovered from the permit area. When the division determines that state-owned historic resources are at risk, the division may require that the permittee institute specific security measures. The division may assist in securing the permit area and historic resources, to protect the public interest.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1)(b), 267.14 FS. History–New________.

 

1A-31.0055 Exploration Agreements.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History–New 4-13-87, Repealed_________.

 

1A-31.0062 Types of Permit.

(1) The division may issue two types of permits:

(a) An exploration permit allows the permittee to collect remote sensing and visual information on potential historic shipwreck sites without excavation or bottom disturbance. The exploration permit may be modified in a later stage to allow limited disturbance and excavation for purposes of determining the presence or absence and the nature of potential historic shipwreck sites. The number, location, extent and type of such test excavations shall be specified in the permit modification.

(b) A recovery permit may be issued only after the existence and nature of a historic shipwreck site has been documented by exploration permit activities and confirmed by the division. A recovery permit allows the permittee to conduct more extensive excavations and recover archaeological materials. The number, location, extent and type of such excavation and recovery operations shall be specified in the permit.

(2) The division shall not issue multiple permits for any active permit area or historic shipwreck site that is within an active permit area, including its buffer area.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1) FS. History–New________.

 

1A-31.0065 Salvage Agreements.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History–New 4-13-87, Repealed_________.

 

1A-31.0072 Number of Permits Limited to Agency Ability.

The division shall not issue more permits than it can properly supervise, monitor and administer. The maximum allowable number of concurrent permits shall be determined by the division based on:

(1) Number and types of permits already in effect;

(2) The anticipated termination date of permits already in effect;

(3) The number of applications under review or anticipated to result in permits;

(4) The number of staff assigned to supervise, monitor and administer permits; and

(5) The availability of funds necessary for the division to conduct all office and field activities under this chapter.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.0082 Duration of Permit.

A permit shall have a term of one year.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.0092 Permit Area.

(1) The maximum size of an exploration permit area is one square statute mile.

(2) The maximum size of a recovery permit area is limited to the size required to encompass the archaeological remains from which recovery is permitted.

(3) Permit areas shall be separated by a buffer zone of 500 yards width from:

(a) Other permit areas;

(b) Recognized admiralty arrest areas;

(c) Established navigation channels;

(d) Exempted areas and sites as defined in this chapter; and

(e) Excluded areas and sites as defined in this chapter.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.010 Supervision.

Specific Authority 267.031(1), (2) FS. Law Implemented 263.061(3)(i), (k), 267.031 FS. History–New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.10, Amended 4-13-87, Repealed _________.

 

1A-31.011 Boats to Carry Identification.

(1) In advance of initial exploration or recovery salvage activities or operations, the permittee contractor shall furnish the division with a list of all vessels to be used in the search or recovery salvage operation, including a description and the registration number of each vessel. No vessel shall engage in exploration or recovery salvage operations if it has not been reported to the division.

(2) All vessels used in exploration or recovery salvage activities or operations shall be marked with identifying exploration or recovery salvage agreement numbers supplied by the division in a form visible from air and sea.

(3) Written identification provided the permittee salvor by the division shall be carried at all times by the vessel engaged in the search or recovery salvage operations.

Specific Authority 267.031(1) FS. Law Implemented 267.061(3)(i), (k) FS. History–New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.11, Amended 4-13-87,________.

 

1A-31.020 Inspection by Permitting Agency.

Prior to or after issuance of any permit, the division may, without notice, inspect the permit area to perform any or all of the following:

(1) Evaluate statements made in the application;

(2) Determine the nature of any historical resources present;

(3) Determine the state of the submerged lands as a baseline for cleanup and restoration;

(4) Determine whether any areas or sites within the proposed permit area are exempted from permitting;

(5) Examine all work already done or being done under the terms of the permit;

(6) Make a determination of compliance with the terms of the permit, this rule, and all other applicable laws and rules;

(7) Determine the status of historical resources and submerged lands in order to require protection or restoration of such resources.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.025 Assignment and Subcontracting.

No permit may be assigned or transferred. Subcontract agreements are allowed and require the prior written approval of the division. Compliance with all terms and conditions of the permit is the sole responsibility of the permittee whether or not permitted activities are subcontracted.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.030 Project Archaeologist Qualifications.

Any permit issued under this rule shall require the participation of a professional underwater archaeologist who shall serve as the project archaeologist. The project archaeologist must meet, at a minimum, the Secretary of Interior’s Standards for Professional Qualifications, as set forth in Federal Register Vol. 48, No. 190, p. 44739, or subsequent official version, herein incorporated by reference, and the following minimum qualifications of training, knowledge, experience and skills with an emphasis on underwater sites, water-saturated archaeological materials, and preservation methods, as evidenced by the project archaeologist’s resume submitted with the permit application:

(1) At least 24 weeks of supervised underwater archaeological fieldwork and 20 weeks of supervisory underwater archaeological fieldwork;

(2) at least two weeks field experience and training in underwater survey technique and familiarity with the general theory and application of varied remote sensing technology;

(3) Experience or training in the recovery and interpretation of both archaeological and archival data and familiarity with the history and technology of navigation and ship building;

(4) Design and execution of an underwater archaeological study as evidenced by an M.A. thesis or a published report of equivalent scope and quality;

(5) For exploration permits, at least three months of experience in the operation of remote sensing devices in a marine environment for the purpose of discovery and evaluation of archaeological resources supervised by a specialist in the use of such devices;

(6) For exploration permits, at least three months of experience in a supervisory or independent role; and

(7) For recovery permits and exploration permits involving recovery of archaeological materials, at least eight weeks of supervised training in the general theory and application of stabilization and conservation methods as they pertain to waterlogged materials.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), 267.061(1) FS. History–New________.

 

1A-31.035 Project Archaeologist Responsibilities.

The project archaeologist shall:

(1) Ensure that professional archaeological standards are maintained throughout the course of the project;

(2) develop a research design and appropriate procedures for its implementation;

(3) Review remote sensing data and provide a written interpretation of the results to the division;

(4) Be present when excavation work is conducted;

(5) Personally visually inspect the excavation;

(6) Personally supervise excavation work and all recoveries in the permit area;

(7) Ensure that adequate records are maintained during all testing, excavation, recovery and laboratory procedures; and

(8) Maintain regular contact with the division, providing electronic, facsimile or paper copy reports of all significant developments, including discoveries of historic shipwreck sites and historical resources.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.040 Application Procedures.

(1) Applications for permits issued under this chapter shall be made on forms prescribed by the division. Application forms may be requested in writing at the division’s address in Rule 1A-31.0032, F.A.C. Application for Exploration Permit (Form HR6E9001-08), is herein incorporated by reference.  Application for Recovery Permit (Form HR6E9002-08), is herein incorporated by reference.

(2) One copy of the completed application bearing an original signature of the applicant shall be submitted to the division at the address specified in Rule 1A-31.0032, F.A.C.

(3) The permittee may apply for a permit renewal in accordance with procedures in this rule. The application form shall specifically explain any differences from the previous application. Any sections that are unchanged may be answered “No Change.”

(4) The division may request additional information or clarification on any application that is submitted.  Such request shall be made to the applicant in writing and shall indicate the date by which the information or clarification is needed.

(5) Requests for renewal must be received prior to the termination date of the permit. Requests for renewal will be considered sufficient when all requirements of the permit have been satisfied, any errors or omissions have been corrected, and any additional information requested by the division has been received.

(6) Renewals shall have a term of one year.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.045 Criteria for Issuing a Permit.

The division shall consider the following criteria in its decision to approve or deny a permit application, and may consider other relevant information:

(1) The public policy of the state to preserve and protect archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology;

(2) Conflicts with other permit areas, exempted areas, exempted sites, excluded areas, excluded sites or navigation channels;

(3) Date of receiving the application in relation to other applications for the same location;

(4) Experience, ability and plans to comply with safety and security requirements as demonstrated in the application;

(5) Experience, ability and plans to restore submerged lands as demonstrated in the application;

(5) Experience, ability and plans to collect and supply data and records as demonstrated in the application;

(7) Ability of the division to supervise and administer the permit in addition to permits already issued;

(8) Results of the inspection of the requested permit area, if any;

(9) Financial ability to complete the permit activities as demonstrated in the application;

(10) Aualifications, experience and ability of the project archaeologist;

(11) Suitability of proposed research design and methodology;

(12) Experience, ability and plans for security, inventory, and curation of archaeological materials and records as demonstrated in the application;

(13) Qualifications, experience and ability of the applicant to complete the proposed activities;

(14) Access to necessary equipment and qualified operators;

(15) Size of permit area;

(16) Compliance with requirements of any previous permits or agreements issued under Chapter 1A-31, F.A.C., from the date of its adoption.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.050 Permit Issuance.

The division shall only issue a permit when:

(1) The applicant has supplied evidence of sufficient financial ability to complete the operation as permitted;

(2) The applicant has demonstrated that project participants including subcontractors possess sufficient qualifications, resources, and abilities to successfully complete the permitted activities;

(3) The applicant has supplied a letter of intent from a professional underwater archaeologist who has agreed to serve as project archaeologist;

(4) The applicant has demonstrated that proposed project activities will utilize professionally accepted techniques for identification, reconnaissance, recovery, recording, conservation, preservation, and analysis of archaeological materials;

(5) The applicant has supplied an adequate plan for the conservation, analysis, and curation of all archaeological materials, records, and other materials resulting from the proposed operation, including facilities if appropriate; and

(6) The division has determined that activities allowed under the permit are not inconsistent with the requirements of this rule.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.055 Notice of Approval or Denial.

(1) The division shall notify the applicant of approval or intended denial of the application at the address provided in the application or as specified in any notice of change, per Rule 1A-31.080, F.A.C. If the application is approved, the division shall furnish a permit document for signature by the applicant certifying agreement with its terms and conditions. The applicant shall return the signed permit to the division for signature by the division’s authorized representative. The permit is effective when it is signed by the applicant and the division.

(2) If the division intends to deny the application, the division shall list those criteria from Rule 1A-31.045, F.A.C., on which the intended denial is based and inform the applicant of the options available.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New______.

 

1A-31.060 Requirements for All Permits.

Each permit must include:

(1) Name and contact information for division staff administering the permit;

(2) Name and contact information for the permittee or agent;

(3) Name and contact information for the project archaeologist;

(4) Name and contact information for key project personnel;

(5) Registration numbers of all boats participating in the permitted activities;

(6) Duration of the permit;

(7) Boundaries of the area covered by the permit;

(8) Description of the scope of work to be undertaken, which may include archaeological guidelines;

(9) Description of the expected types of activity which must be undertaken by the permittee to restore the submerged lands following completion of the permitted activities;

(10) Minimum standards of diligence, expressed as a schedule of specific work activities and dates by which such activities shall be initiated or completed;

(11) Notice that the permit requires submittal of an annual report meeting the guidelines established in subsection 1A-46.001(3), F.A.C. National Oceanic and Atmospheric Administration 1:80,000 nautical charts should be substituted for U.S. Geological Survey (1:24,000) 7.5 minute series topographic quadrangle maps as required in subsection 1A-46.001(3), F.A.C, as appropriate;

(12) Notice that Daily Field Note and Activity Logs (Form HR6E067, Revised 06/08), herein incorporated by reference, must be completed and submitted monthly.

(13) Notice that no guarantee of being granted a renewal or new permit is stated or implied;

(14) Notice that the permittee must notify the division in writing and immediately of any change affecting the ability or plans to complete permit activities as set forth in the application and the permit, including changes in boats and boat registration numbers used in the permitted activities;

(15) Notice that the use of clamshell dredges, cutterhead dredges, explosives and suction dredges greater than 6 inches in diameter is prohibited; and

(16) Notice that the use of propwash deflectors is prohibited unless specifically authorized in the permit.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.065 Additional Requirements for Exploration Permits.

(1) No excavation or displacement of archaeological materials shall be conducted unless approved in writing by the division in the form of an amendment to the Exploration Permit. No archaeological materials shall be recovered unless approved in writing by the division in the form of an amendment to the Exploration Permit. All archaeological materials recovered under an Exploration Permit shall remain state property.

(2) With a minimum of disturbance to the permit area the permittee shall:

(a) Conduct remote sensing of the entire permit area;

(b) Identify the source of any anomalies;

(c) Delineate the extent of historic shipwreck sites; and

(d) Evaluate the potential characteristics and significance of any historic shipwreck site in consultation with the division.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.070 Additional Requirements for Recovery Permits.

A research design and description of proposed excavation activities prepared by the applicant’s project archaeologist, and approved by the division, shall be included in the recovery permit. The division shall require the permittee to secure the use of a conservation and curation facility, as well as relevant conservation expertise, to be approved by the division, if the permittee is responsible for conserving archaeological materials under the terms of the permit. The permittee is solely responsible for transporting, storing, insuring, and conserving all archaeological materials recovered under the permit and for the costs associated with these activities. The division may assist in these activities.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i),(k),(o), 267.061(1) FS. History–New________.

 

1A-31.075 Permit Modification.

Permit modifications may be requested in writing by the permittee.  The division will respond in writing to requests for modification within 30 days.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New________.

 

1A-31.080 Permittee Required to Give Notice of Change.

The permittee shall notify the division in writing, in such form and detail as required by the division, of changes or proposed changes in financial support, contact information, key personnel or equipment from that noted in the permit application. If the division determines that changes or proposed changes decrease materially the permittee’s ability to carry out and complete the project in accordance with the permit, the division may require a permit modification or may suspend or revoke the permit.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.085 Permit Suspension and Revocation.

(1) The division may suspend operations under a permit at any time for reasons, including but not limited to:

(a) Violation of the law or of this chapter;

(b) Violation of terms or conditions of the permit;

(c) Obtaining the permit by misrepresentation or failure to disclose all relevant facts;

(d) Making false statements in an application, report or other document submitted to the division under this chapter;

(e) Failure to meet minimum standards of diligence as specified in the permit; or

(f) Activity that jeopardizes archaeological materials.

(2) If the division intends to revoke the permit, then the permit shall remain suspended until the matter is resolved.  The division may revoke a permit for any or all of the following:

(a) Making false statements in an application, report or other document submitted to the division under this rule;

(b) Failure to meet minimum standards of diligence as specified in the permit;

(c) Violation of any of the terms or conditions of the permit;

(d) Violation of this chapter or any other applicable law or regulation;

(e) Obtaining the permit by misrepresentation or failure to disclose all relevant facts;

(f) Issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this chapter.

(3) Suspension or revocation of a permit does not relieve the permittee of any obligations concerning restoration of submerged lands, protecting exposed archaeological remains or providing reports and information to the division.

(4) The division shall serve written notice of intent to revoke a permit, specifying the criteria from rule 1A-31.045 on which the intended revocation is based and inform the applicant of the available options.

Specific Authority 267.031(1) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History–New________.

 

1A-31.090 Disposition of Archaeological Materials, Title to Archaeological Materials Conveyed.

The division may transfer archaeological materials to which it holds title to the permittee in consideration of recovery services provided to the state under the terms of a recovery permit.  Provisions for transfer of archaeological materials will be specified in each recovery permit.

Specific Authority 267.031(1), 267.115(6) FS. Law Implemented 267.031(2), 267.031(5)(i), (k), (o), 267.061(1) FS. History– New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Ryan Wheeler

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 15, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 6, 2008