Sea Hunt, Inc. v. the Unidentified Shipwrecked Vessel or Vessels
221 F.3d 634, 2000 U.S. App. LEXIS 17546, 2000 A.M.C. 2113 (2000)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A sovereign nation's sunken warships are presumed not to be abandoned, and title can only be divested by an express, affirmative act of renunciation. The mere passage of time or a general treaty ceding territory is insufficient to constitute an express abandonment.
Facts:
- In 1750, LA GALGA, a fifty-gun Spanish Navy frigate, sank in a hurricane off the coast of present-day Virginia while escorting a convoy.
- The ship's captain attempted to salvage items but was thwarted by local looters and a second storm that broke up the wreck.
- In 1802, JUNO, a thirty-four gun Spanish Navy frigate, sank in a severe storm off the Virginia coast, resulting in the loss of at least 418 sailors, soldiers, and civilians.
- The Commonwealth of Virginia, acting pursuant to the Abandoned Shipwreck Act (ASA), asserted ownership over shipwrecks in its waters.
- Virginia granted permits to Sea Hunt, Inc., a maritime salvage company, to explore for and salvage shipwrecks.
- Sea Hunt invested approximately one million dollars in its operations and located two wrecks it identified as LA GALGA and JUNO.
- The Kingdom of Spain has continuously maintained both LA GALGA and JUNO on its official register of naval vessels.
Procedural Posture:
- Sea Hunt, Inc. filed an in rem admiralty action against the two shipwrecks in the U.S. District Court for the Eastern District of Virginia.
- The district court issued an order arresting the vessels and appointing Sea Hunt as the exclusive salvor.
- The Kingdom of Spain filed a verified claim asserting ownership of both LA GALGA and JUNO.
- The district court ruled that Spain had expressly abandoned LA GALGA under the 1763 Treaty of Peace but had retained title to JUNO.
- The district court also denied Sea Hunt any salvage award.
- The Kingdom of Spain appealed the district court's judgment concerning LA GALGA to the U.S. Court of Appeals for the Fourth Circuit.
- Sea Hunt and the Commonwealth of Virginia filed a cross-appeal regarding the court's judgment on JUNO and the denial of a salvage award.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a foreign sovereign expressly abandon its sunken warship through a general treaty ceding territory, when the treaty does not explicitly mention the cession of vessels or shipwrecks?
Opinions:
Majority - Chief Judge Wilkinson
No. A foreign sovereign does not abandon its sunken warship through a general territorial cession treaty that lacks specific language relinquishing rights to vessels. Under admiralty law, the Abandoned Shipwreck Act, and the 1902 Treaty of Friendship and General Relations between the United States and Spain, a sovereign vessel may only be abandoned by an express act, which must be proven by clear and convincing evidence. The 1902 Treaty requires the U.S. to grant Spanish vessels the same immunities as its own. Since U.S. property can only be disposed of by an explicit congressional act, the same 'express abandonment' standard must apply to Spanish sovereign vessels. The 1763 Treaty ceding Spanish territory 'on the continent of North America' to Great Britain is too general to serve as an express abandonment of LA GALGA, as it fails to mention 'shipwrecks,' 'vessels,' or any property in the sea. This interpretation is supported by the fact that both Spain and the United Kingdom, the parties to the 1763 Treaty, agree that it did not transfer ownership of the shipwreck.
Analysis:
This decision solidifies the high standard of 'express abandonment' for sunken sovereign vessels, clearly distinguishing them from privately owned wrecks. It establishes that general treaty language ceding territory is insufficient to meet this standard, thereby protecting sovereign property rights against claims based on implication or the passage of time. The ruling reinforces the role of international treaties and executive branch interpretation in U.S. admiralty law, prioritizing international comity and the protection of military gravesites over commercial salvage interests. Future cases involving sovereign wrecks will require salvors to find a clear, unambiguous instrument of abandonment to overcome the strong presumption of continued ownership.
