artifacts found in Bermuda's waters belong to the divers who find them.

The Royal Gazette has learned that recently proposed changes to the 1959 Wreck and Salvage Act have been set out in a recommendation by the Bermuda Historical Wrecks Authority.

The amendment would give Government title to just one third of finds, an informed source said.

The remaining two thirds would go to the finder if Government did not want to purchase the items or if private collectors who agreed to retain the collection in Bermuda also rejected the artifacts.

But director of the Maritime Museum and member of the wrecks committee Dr.

Edward Harris, who recently expressed outrage that the Island's cultural heritage was being "sold off'', claimed the amendment would make scant difference to present legislation which he says backs the "finders keepers'' philosophy.

"Bermuda is in the unfortunate position of losing its underwater heritage by default. The law must be changed,'' he said.

He added the proposed amendments could signal an "about face'' by the Government which, seven years ago was on the point of putting forward a revised bill announced in the Throne Speech.

The 1989 bill, which passed through the UBP caucus and the cabinet but which never came before Parliament, would have put ownership of all underwater artifacts directly in the hands of the Crown.

But Dr. Harris claimed the bill was sidetracked by the 1989 election and swept under the carpet.

"Treasure hunting in Bermuda would have soon finished,'' he said. "But the bill has got jammed up and it is my understanding that many of the good points will not be revived.

"It would appear that the changes that are apparently now being proposed would be an about face.'' He added: "Bermuda is behind the times and has an unenlightened policy.

Artifacts belong to the Country and divers should be honoured for finding them but not allowed to keep them.'' In a number of other countries such as Ireland and Australia, he said divers were prohibited from treasure hunting in heritage sites.

"Here, they can do anything they want,'' he chided.

Under the present law, divers are entitled to compensation for their finds by Government. Anything Government rejects then reverts to the divers who are able to sell them elsewhere.

But Dr. Harris claimed Government has only reached into its pockets on a handful of occasions to purchase treasures dived up from Bermuda's waters.

"Government has never had the funds available, especially if a significant find was made -- say an original Aztec gold work,'' he said. "The price would be so high it would be unlikely Government would buy it so it would automatically go to the finders.'' Yesterday Finance Minister Dr. David Saul claimed Government was prepared to purchase any item of value to the Country.

Ironically, in the case of convict carvings found by diver Mr. Chriss Addams, he said Government had been advised not to purchase them by the Maritime Museum.

Squabble over artifacts "Government asked Dr. Harris if we should purchase them but he said no.

Government, having sought advice, was advised they were not (valuable) because they had not been raised on archaeological principles.'' He added there was only so much that could be done with vast numbers of bottles and clay pipes dredged up from wrecks.

"If Government takes everything what would Government do with it?'' he asked.

"How many bottles do you want?'' "If Government thought something was really worth preserving in the public domain, we would buy it. There would never be a question of Government turning something down because there was not enough money.'' Questions of how to insure, preserve and display unlimited numbers of underwater artifacts also had to be taken into consideration.

At present the wrecks committee is in the process of updating the 1959 Act to take account of modern salvage techniques -- not because the act is perceived as too lax, Dr. Saul said. The proposed amendments could come before Parliament before the end of the year.

"We want to make amendments that are practical, fair and reasonable and that make common sense,'' he said. At present the committee is examining salvaging laws adopted in other countries.

Committee chairman Mr. Jack Lightbourn said there were two schools of thought within the committee.

The 1989 bill put forward by Dr. Harris, he said, was not fair to divers and would mean they would soon stop looking for wrecks if Government refused to pay compensation for their finds.

He added that policing Bermuda's waters would be an added problem.

"Dr. Harris says everything is squandered away -- that is not so. He thinks everything found should be retained by Government solely,'' he said.