I write this in response to a recent article published in the Bermuda Sun entitled "Harris backs amnesty for treasure hunters''. Dr. Harris is the Director of the Bermuda Maritime Museum and is also the Chairman of the Bermuda Historical Wrecks Authority. This body advises the Government on matters relating to historic shipwrecks including licence applications made by those who wish to work on shipwrecks. In the article Dr. Harris comes close to having a very good idea in proposing an amnesty.

During the last 40 years of exploration, independent Bermudian divers have made every major shipwreck discovery in Bermuda's waters. By networking among themselves and with a number of international cultural institutions like the Smithsonian Institute, the Peabody Museum, The Mary Rose Trust, Colonial Williamsburg and the Philadelphia Maritime Museum local divers have developed impressive expertise in the recovery of artifacts and the science of underwater artifact conservation and reconstruction. In fact, one local diver has developed such a good reputation in this area that artifacts have been hand carried to Bermuda from The Winthrop Rockefeller Archaeological Museum at Carter's Grove in Virginia for him to work on.

The result of this painstaking work by local divers has been the creation of a number of private collections of underwater cultural material. These collections should be considered to be an important part of the "National Collection''. The cultural material, or artifacts, in these collections fall into two separate categories: Collections of artifacts retrieved from ships or shipwrecks like the Tucker, Canton collection of shipwreck artifacts now on exhibit in the Ocean Discovery Center at the Bermuda Underwater Exploration Institute; and Collections of artifacts retrieved from inshore bays and harbours, which were thrown overboard as trash in days gone by, like the Bromby bottle collection now on exhibit at the Bermuda Maritime Museum.

The bulk of the artifacts in the first category have been retrieved from actual shipwreck sites under licence from the Receiver of Wreck, These licenses are issued under Section 11 of the Wreck and Salvage Act which deals with Historic Shipwrecks. However there is another type of artifact that also falls under this first category. These artifacts are found lying on the seabed and are unassociated with a shipwreck site. For example a bottle or ceramic storage jar which floated away from a wrecked ship and sank several miles from the site. This type of artifact, which can be collected without a licence, needs to be reported to the Receiver of Wreck within one month of being discovered. Because this requirement is only stated in the much more complicated Section 1 of the Wreck and Salvage Act that deals with general salvage matters, divers who were unaware of this rather obscure requirement, may have some of these unreported artifacts in their collections.

Unfortunately, because reporting requirements in the past have been unspecific and vague, there is no way of knowing for certain which artifacts have been reported and which have not. In addition, artifacts falling into the second category which were thrown overboard as trash, can be retrieved from inshore waters without a licence and need not be reported at all.

Collectively these artifacts are important because they provide us with a direct link to our past. This historic perspective helps to define the unique Bermudian spirit and is an important contributing factor toward maintaining a high level of community self esteem. Yet there is nothing like a central registry of Bermudian underwater cultural material which is available to the public.

Fortunately, with the aid of modern technology, this can be remedied quite easily. A digital camera can be connected to a computer database, which is formatted as a standard archaeological artifact catalogue sheet. In this way artifacts can be cataloged quickly and efficiently in a standardised digital format. The actual artifacts become virtual artifacts and can be housed on a central server which, when accessed via the Internet, becomes a virtual museum and is available to everyone, locally and internationally. Also, given the right circumstances, the divers that I know who have collections would be proud to make their artifacts available for public display in a rotating national exhibit venue. The benefits of this are obvious. Actual and virtual artifacts are made available to the public at little cost to the taxpayer.

The Ocean Research Foundation has initiated a project to record the collections and the recollections of independent divers, particularly the early pioneers in the field. To this end we have set up an institutional support system, which is helping independent divers work to scientific standards, and catalogue their collections in a digital format.

The main problem we have encountered in our efforts to make the private collections of underwater cultural material available to the public is the perceived antagonistic attitude toward independent divers by the chairman of the Bermuda Historical Wrecks Authority. In this current climate of distrust most divers, who have devoted an enormous amount of time and money to recovering and preserving artifacts, are keeping a low profile because they do not want to become embroiled in a time consuming and expensive custody battle over their collections.

Something like an amnesty is needed but it must provide for divers to maintain custody of their collections. Perhaps re-registration is the answer. The Receiver of Wreck could temporarily extend the one-month reporting requirement during a re-registration drive aimed at creating a central registry of Bermuda's underwater cultural material.

Whatever the solution is, it must be a win-win arrangement that balances the needs of the public at large with those of the independent divers who have devoted their time money and expertise to discover, recover and conserve these artifacts.

In the article, Dr. Harris is quoted as saying: "We can't make private possessions out of our national heritage.'' But really what we as a community can not afford to do is throw away the collective knowledge, physical resources and practical experience that Bermudian divers have to contribute by implementing shipwreck policy that is exclusive in nature due to the fact that it offers no incentives that encourage their involvement.

Nick Hutchings is the Managing Trustee of the Ocean Research Foundation.