3 10 700 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A History of Persian Navigation Creator An entity primarily responsible for making the resource Hadi Hasan Publisher An entity responsible for making the resource available Methuen Date A point or period of time associated with an event in the lifecycle of the resource 1928 Type The nature or genre of the resource Book Zotero Author Hadi Hasan Item Type Book Date A point or period of time associated with an event in the lifecycle of the resource 1928 Place London Publisher An entity responsible for making the resource available Methuen Title A name given to the resource A History of Persian Navigation https://apconf-much.org/proceedings/files/original/b501753de63f323578fb631cd3b3827f.pdf bc1c99ef6aa5ed29d43b31bb8377a6c9 PDF Text Text A Methodology for Accurate and Quick Photogrammetric Recording of Underwater Cultural Heritage Kotaro A.P.P.A.R.A.T.U.S. apparatus.japan@gmail.com Yamafune LLC Abstract In the past seven years, photogrammetry has become one of the main recording methods in maritime and underwater archaeology. The application of photogrammetry allows archaeologists to re-create underwater cultural heritage sites in 3D digital formats, and extract from these 3D digital models data and information required for subsequent scholarly research. The author has been using photogrammetry since 2014 and has successfully created nearly 40 underwater cultural heritage models on more than 10 archaeological projects. The projects have ranged in size, accessibility, and water clarity, introducing a number of variables to the photogrammetry of the artifacts. The variety of experiences gained on these projects have enabled the author to construct his own methodology and workflow for photogrammetric recording. In this paper, the author shares examples of his methodology and workflow for photogrammetric recording of various projects in different countries. Key words: UCH, photogrammetry, Photoscan Introduction Agisoft PhotoScan and other off-the-shelf photogrammetry software became available for archaeologists in 2010. By 2017, after only 7 years, photogrammetry has become a one of the most frequently used recording methods for UCH (underwater cultural heritage) sites. The author of this paper works as a professional maritime archaeologist and applied photogrammetric recording on more than 35 archaeological sites in more than 10 different countries. Because of its submerged circumstances of many shipwrecks, each site has different conditions: such as visibility and �colors of waters, depth, topography, water current and so on. Those different conditions create problems that requires different ways to solve those difficulties. Additionally, each project has different mission statement, or project’s goal. For that reason, each submerged site requires different types of methodologies for data-collection and data processing. Moreover, to use produced 3D digital models as archaeological data, it is important to create 1:1 scale-constrained georeferenced 3D models (Yamafune et al., 2016). Yet, to produce these accurate models, it is essential to takes a week to produce local coordinate system that gives scale and georeferenced on the model. To solve these lengthy problem, the author created a methodology that produces local coordinate system in short time (1 or 2 dives) yet provide fairly accurate results. In this paper, the author shall share his methodology of photogrammetric recording that he has developed and currently using. Literature Review and Terminological Confusion of Photogrammetry Before the author starts discussions regarding his photogrammetry methodology, there is an important point that must be noted. The point is a confusion related with the word ‘photogrammetry;’ ‘photogrammetry’ has been used repeatedly in history; probably the first time it appeared in/as a discipline of science was during the WWII. When airplane became widely available for military use, cameras were mounted on scouting airplanes; then photos taken from the mounted cameras where meticulously re-calibrated and composed to create a photomosaic, or a map, of enemy’s territories. In other words, ‘photogrammetry’ that were used first during the WWII was a technique to create accurately composed photomosaic (Burtch, 2008; Van Damme, 2015; Konecny, 2003). And it �was a well-known fact that Dr. George Bass and Dr. Frederick Van Doornick, well-known ‘first generation’ maritime archaeologists, used photogrammetry for their Yassiada underwater expeditions in 1960s; detailed site plans were produced based on photomosaic that were taken from a camera that was mounted on horizontally positioned rails on the seabed (Van Doorninck, 1967; Bass, 1972; Bass and Van Doorninck, 1982). In their publications, they used a word ‘photogrammetry;’ however, it must be noted that ‘photogrammetry’ in their article and ‘photogrammetry’ that produces 3D digital models today uses different systems and indicate different recording systems. Another terminological confusion related to a word ‘photogrammetry occurred in 1990s. In 1990s, maritime archaeologists started practice DSM (Direct Survey Method); many cases this system is referred as trilateration. DSM provides a local coordinate system/network to help production of 2D site plans of submerged shipwreck site. DSM is a method to directly measure distances in between control points and detailed/reference points to create positional networks. Consequently, DSM provides XYZ coordinates of control points and detailed points, and maritime archaeologists use these XY coordinates to produce 2D site plans (Holt 2003: Green and Gainsford 2003). When DSM became a popular method among maritime archaeologists as a mapping method in 90s, another method was also often used to produce 2D site plans; and this another method is also called ‘photogrammetry.’ This photogrammetry is known with the software Photomodeler. Photomodeler is a photogrammetry software; and this photogrammetry mainly applied for underwater excavations in 1990s and 2000s uses a meticulously calibrated camera and its images that captures at least three reference �points in one image. Thanks to meticulous calibration of the camera and its series of images, Photomodeler can calculate the XYZ coordinates of reference points; and these reference points are used to produce 2D site plans and 3D CAD drawings. Indeed, the data sets that DSM and this photogrammetry produced were very similar; both system provides XYZ coordinates of reference points on submerged sites. A few articles were published in 1990s and the early 2000s related to this photogrammetry that produce XYZ coordinates of reference points, or a local coordinate system (Green et al., 2002). However, photogrammetry that related Photomoder is different from photogrammetry that can produce 3D models. Confusingly, around 2010, when photogrammetry that can produce 3D models began to become popular recording methods, EOS system (the software company manufactures Photomodeler) released upgraded version of the software called Photomodeler Scanner. This Photomodeler Scanner can produce 3D models of subjects that uses similar system with ‘photogrammetry’ that the author will discuss in this paper. Nonetheless, it is important to be noted that Photomodeler that can provide XYZ coordinates of reference points and Photomodeler Scanner that can produce 3D models are different types of ‘photogrammetry.’ And a word ‘photogrammetry’ mainly referred in articles of maritime archaeology in 1990s and early 2000s were mainly focus on Photomodeler and its system that provides XYZ coordinates of reference points on archaeological sites. In 2010, Agisoft PhotoScan was released. While Autodesk 123D Catch, Photomodeler Scanner and other photogrammetry software that produce 3D digital models were also released around the same time, thanks to its georeferencing systems and user-friendly workflows, Agisoft Photoscan immediately became popular photogrammetry software among maritime �archaeologists are keen to apply quick and accurate recording methods on submerged sites. By 2017, many maritime archaeology projects enjoy this recording application. Nonetheless, another confusing terminological problem is happening. After 2010, almost all the time ‘photogrammetry’ indicates a system that produces 3D digital models; however, there are many different words were being used to indicate this one system. The author often hears SfM (Structure from Motion) in the United State and Japan, some articles including IJNA (International Journal of Nautical Archaeology) prefer Multi-image Photogrammetry, some Italian scholars sometimes use Close-range Photogrammetry, and scholars form northern European countries sometimes use Computer-Vision Photogrammetry. Yet all these words imply one system that produces 3D digital models based on digital images. Concluding this section, the word ‘photogrammetry’ implies different systems when it was used for maritime archaeology. From 1960s and 1980s, ‘photogrammetry’ implies a system that produced a photomosaic of sites; from 90s and 00s, ‘photogrammetry”’ implies a system that used calibrated digital cameras and its photos to calculate XYZ coordinates of reference points located on the site to produce 2D site plans and 3D CAD drawing (by connecting reference points). After 2010, ‘photogrammetry’ implies a system that produces 3D digital models. Furthermore, this ‘photogrammetry’ after 2010 that produces 3D digital models is called in different names, such as SfM, Multi-image Photogrammetry, Close-range Photogrammetry, Computer-Vision photogrammetry, and so on, yet these all names indicate only one system. In this paper, the author shall use a word “photogrammetry” in his discussions, and this “photogrammetry” indicates a system that produces 3D digital models. �Importance of Local Coordinate Systems Tying the site plan to a set of local coordinates is a key factor to create 1:1 scale-constrained georeferenced photogrammetric 3D digital models. There are two reasons that creating a local set of coordinates is important. The first reason is to correct scale and distortion of the photogrammetric models and to geographically reference the site plan. One of the advantages of photogrammetry is that it does not require precise calibration of the camera. Although calibration is recommended, the software primarily uses pixel information to reconstruct a site, which means that the construction of the point clouds does not require manual calibration. Moreover, the software reads metadata from the camera and lens and minimizes the errors. Distortions are inevitable, however, and this possible error can be minimized by applying known distances and specific photo capturing sequences, or “flight path.” The second reason to establish local coordinate system is that unless tied to a system of coordinates, models float in unspecified tridimensional fields. To fix the models in the correct position, local coordinates must be included on the models. Without this, it is impossible to export the computer graphics files to mapping software with the correct position. Georeferenced information facilitates a straightforward workflow when models and orthophotos (high resolution photomosaic) are exported. Also, the processing and rendering capacity of the Agisoft PhotoScan software is limited by both software and hardware configurations. This constrains the maximum polygon count for the mesh (which makes up the surface of the model), and the maximum number and resolution of UV mapped textures (‘UV’ is a XY coordinates for texture), which are composed photomosaic on surfaces of mesh. Large data sets can be divided into smaller Chunks (PhotoScan’s term), which are separately �processed. These Chunks can be imported into a single PhotoScan file afterward without merging (Tool > Append) and other modelling and mapping software applications and merged without decimation (the reducing of the polygon count). When models and orthophotos are georeferenced, the merging process is automatic, and exported files are opened in their correct positions in other software. A set of local coordinates is paramount to ensure an accurate manipulation of models or orthophotos. Scale-bar Methods and DSM While local coordinates system that is produced by DSM can be used to scale-constrain photogrammetric model, Agisoft PhotoScan also allows the input of measurements in a different way. PhotoScan uses scale bars, or known distance, instead of importing local coordinates collected using DSM. At actual archaeological sites, establishing control points and local coordinates may take a week. This may not be suitable for a short-term survey project. The author had tested the both methods to fix distortions and scale of photogrammetric models. Measuring methods that will be discussed and compared are: trilateration (DSM) using 3H Site Recorder, and scale bars that are placed on the site. To compare and examine the accuracy both methods, local coordinates and known distances of both methods were applied to a photogrammetric model, and each different method was compared to control measurements. The control measurements were taken directly from the wooden model. For this test, the author used a 1:10 scale wooden model of a saveiro, a 20th-century Brazilian coastal sailing boat. In order to simulate an archaeological shipwreck site, the wooden model was laid down on its starboard side, �and its floor timbers were pulled slightly out so that its starboard futtocks lay on the bottom (See also Fig. 2 and 3). Direct Survey Method (Trilateration) The first method to discuss is trilateration, also known as Direct Survey Method (DSM). Trilateration (DSM) has been repeatedly used in underwater archaeological recordings. For this DSM, the author used 3H Site Recorder (Demo Version). In order to acquire coordinates of reference points, a control network first had to be established. The author placed eight control points around the wooden model, set all the control points to a congruent height (40 cm from the ground), and set this height as the surface of the water, or depth of 0 cm. To establish the positions of the control points, or a control network, 19 measurements were taken. The tolerance established for errors was set at 0.3 cm; therefore, all distance errors bigger than 0.3 cm were shown in red (shorter) and blue (longer). Only one distance (CP5 – CP7) showed a + 0.39 cm statistical error after the adjustment of the control points. After the control network, or positions of datum points, was established, 11 reference points were placed on the model. A total of 44 measurements were taken from the control points; each reference point was measured from the nearest four control points (Fig. 1). Two measurements indicated over 0.3 cm error; however, both errors were less 0.5 cm, which is within an acceptable range of error. �Fig. 1: The Local Coordinate Network of reference points and control points around the Saveiro Wooden Model (Top View: Horizontal Plane). Scale-bars Method Scale bars are often used when pictures of archaeological sites are taken. These scale bars can be extremely useful in photogrammetry. Scale bars give accurate scale information in archaeological photography, and when a site is being mapped using photogrammetry, they can be used to check measurements after other methods, such as DSM, were used to correct distortion and scale of a created photogrammetric model. However, distortions and dimensions can be fixed by using only scale bars, a feature that allows archaeologists to skip the time-consuming DSM system. To test the accuracy of this method, four scale bars were placed on the four sides of the saveiro model. In this particular case, considering the size of the model the four scale bars available were unnecessarily long. Therefore, seven 10 cm scale bars with markers were created on the existing scale bars. These smaller 10 cm bars were entered as fixed distances in the photogrammetric model (Fig. 2). �Fig. 2: Seven 10cm scale bars created on the Saveiro Photogrammetric Model for the Scale Bar Method. Comparison of DSM and Scale-bars Methods To test the accuracy of these two survey methods mentioned above, the measurements from all photogrammetric models of the saveiro were compared within a single set of control measurements. The control measurements were taken directly from the wooden model; 21 selected distances between reference points were taken for this purpose (Fig. 3). The control measurements were compared to the measurements obtained by the other methods (Table 1). �Fig. 3: The photogrammetric model of the Saveiro Wooden Ship Model and the measured distances between reference points for the comparison. �Table 1. Distances between reference points to compare different surveying methods to fix distortions and scales of the Saveiro Wooden Ship Model’s photogrammetric mModel The results suggest that scale-bar can be a more accurate scale-constrain method in a photogrammetric model. The measurements taken from the photogrammetric model with trilateration (DSM) coordinates display an average error of 0.39 cm. The more accurate results obtained were through the use of scale bars; the scale bars allowed an average error of 0.19 cm. The results of the experiments with two scale-constrain methods discussed show that the scale bars method provided better results in fixing scales from photogrammetry surveys. The main disadvantage of trilateration (DSM) is that it requires many measurements. For instance, �the saveiro model required 19 measurements to establish the control point network and 44 measurements to calculate the coordinates of reference points. On the other hand, the scale-bars method does not require any measurements. However, it is important to note that the scale-bars methods cannot establish a local coordinates system. This is a disadvantage when compared to the traditional trilateration (DSM) method; scale bars can fix distortion and scale of photogrammetric models, but they need a complementary method to establish local coordinates. The Recommended Method to Produce 1:1 Scale-constrained Georeferenced 3D Models Following is an experimental methodology that author composed and applied on several underwater shipwreck sites, and these photogrammetric models shows successful results. Testing Scale-bar Method on Larger Underwater Sites The author tested scale-bars method on various underwater shipwreck sites; including Operation Forager directed by Dr. Jennifer McKinnon and Dr. Toni Carrell (Saipan 2017: 8 wrecks), Fourni Underwater Survey Project directed by Dr. George Koutsouflakis and Dr. Peter Campbell (Greece 2017: 9 wrecks), and Converging the World Project directed by Nicholas Budsberg and Charles Bendig (the Bahamas 2017: 1 sites). While recording those submerged archaeological sites, the author positioned 4 – 8 scale bars on each site for photogrammetric recording. To test possible distortions in a larger submerged site (for instances �around 30m x 30m), the author intentionally scale-constrained only one corner with a 1m scale bar using the Scale-bars method, and check calculated distance using a 1m scale bar on the opposite site. The result showed that the distance error of the 1m scale bar on the opposite side is 2.5mm. And this result stay same with other photogrammetric models of other sites (errors varies in 0.5mm – 3mm). In other words, if a 3D digital model is scaled by one side of the 30m x 30m coverage area, distance error (or distortion) can be less than 2.5mm anywhere if an archaeologist tries to measure 1m-long areas; and it also means that possible maximum positional errors from one end to the other end of the 30m-long site (if this distortion occurs in linier manner) is 7.5cm. Again, the biggest advantage of the scale-bars methods is its simplicity and speed. It doesn’t require any tape measurements; scale-bars can be simply positioned around the sites. More importantly, once ‘Scale Bars’ are created in Agisoft Photoscan, camera locations and scale of the created model can be fixed based on known distances by ‘Optimize Cameras’ command (open ‘reference tab’ > input known distances on ‘Scale bar’ > ‘Update’ > ‘Optimize Cameras’). Using this ‘Optimize Cameras’ command, distance errors on the 1m can be 0.5mm or less. This means possible distance error of 30m-long site is 1.5cm. Importance of the ‘Flight Path’ To obtain good/accurate results with minimum distortions on created photogrammetric models discussed above, the author strong believes that his distinctive “flight path” is the key factor. The author originally developed his flight path to ensure successful rate in “Align Photos” process. Photo alignment is the most important phase in photogrammetric modeling. To maximize the probability of creating successful photo �alignment, the author developed a flight path for sequences of photo shooting. The best results have been achieved by capturing surrounding area first to lock the site. Then, photographs are taken perpendicularly to capture a top view of the site with appropriate overlap. After complete photo shooting in both transversal and longitudinal paths, additional photographs must be taken with the camera tilted to capture vertical surfaces of rich tridimensional structures (Fig. 4). Actual ‘flight path’ of archaeological sites can vary depending on multiple factors; therefore, meticulous planning of a flight path is an important part of successful photogrammetric recording. Most important factor of flight path is its interwoven manner; sometimes the diver who use photogrammetry only apply transversal path without the longitudinal path and the locking paths. In other words, if only one direction of flight path is applied, directional distance/length of from one point on one side to another point on the opposite side shall be long, and distortions on images will be accumulated. However, if three paths (Locking path, transversal path, and longitudinal path) are properly operated, distance from one side to the opposite side will be shorter hence the distortion can be minimized. For that reason, the author strongly recommends that photo-shooting sequences, or ‘flight path,’ for photogrammetry have to be practiced with interwoven manners. �Fig. 4: Recommended flight path for photogrammetric recording. Applying Local Coordinate System on Scale-bars Method Next step to create a 1:1 scale-constrained georeferenced 3D models is to apply a local coordinate system on a created 3D digital model. As it was discussed earlier, scale-bars methods can produce fairly accurate scaleconstrained 1:1 models; however, these models cannot carry georeferenced/positional information. Having a georeferenced/spatial information is essential for archaeologists to use 3D photogrammetric models as scientific data for their analysis. In order to apply/generate a georeferenced data on a created 3D model, it only requires XYZ coordinates of three control points within a site. The author uses distances between three control points placed on the archaeological site to establish a temporal XY coordinates on the three points. A triangle can be created if distances between three points are known. To obtain these distances from a created scale-constrained 3D model, control point must be created/placed on the model. Control point can be created easily in Agisoft PhotoScan as markers by double clicking on the respective position on the mode (these markers can be created on the photos by right clicking and choose ‘create markers’ in Agisoft PhotoScan). Then scale-bars were �created between these three points to extract calculated distances between the points (choose two respective markers on reference pane > right click on selected markers > create ‘scale bars’ > click ‘view estimated’). Using these distances between three points, a triangle can be created using 3D CAD software such as Rhino 3D. Then orientation of the triangle must be adjusted based on depth-measurements of these control points collected by diver’s dive computer (Fig. 5). This adjusted triangle and positions of its three corners give new/adjusted XYZ coordinates of the three points; the author uses these coordinates to adjust angle of these three control points on the 3D model in Agisoft PhotoScan (open reference tab > input XYZ coordinates of the corner of the adjusted triangles > ‘update’). Once these adjusted coordinates were applied, the 3D photogrammetric model shall contain georeferenced information. Fig. 5: Adjustment of the coordinate triangle (The blue triangle is a temporal triangle that was created based on distances between control points. And the red one is the adjusted triangle; its orientation was adjusted based on depth-measurements of the three control points. Then new coordinates were collected from corners of the red triangle). �Using a 1:1 scale constrained photogrammetric model as new local Coordinate System On the Conversing the World Project, the team of maritime archaeologists excavated an early sixteenth century Spanish shipwreck in the Bahamas during the summer 2017; this shipwreck is also known as the Highbourne Cay Shipwreck. The author is in charge of photogrammetric recording of the shipwreck site, and he applied the combination of scale-bars and triangle geo-referencing methodology explained above to create 1:1 scale-constrained georeferenced 3D digital models. Furthermore, once a 1:1 scale-constrained georeferenced 3D model of the site was created in Agisoft PhotoScan, it is easy to extract coordinates of any possible points on the 3D model by creating markers (right click on the model or a photo > ‘create makers’ > ‘view estimated’). This means that when 3D models are created on the same area or smaller areas within the site in following day, coordinates of reference points/markers can be collected from the first 1:1 scale-constrained georeferenced model, and apply these coordinates on newly created 3D models. This means once a local coordinate system is generated within the first model, archaeologists can use this coordinate system to both scale-constrain and geo-reference following photogrammetric models. The author prefers to call this first 1;1 scale constrained georeferenced 3D model as ‘Mother Model’, and following 3D models that receive coordinates from Mother Model as Child Models. In other words, the Mother Models itself works as a local coordinate system of the site, and archaeologists can extract XYZ coordinates of any reference points form the Mother models to create another 1:1 scale constrained georeferenced 3D digital models. �Conclusion Past 7 years, photogrammetry became one of the most frequently used recording applications on UCH (Underwater Cultural Heritage). However, if archaeologists use these 3D digital models as scientific data, it is vital to create 1:1 scale-constrained georeferenced 3D digital models. Once a 3D digital model carries/contains correct/real scale and georeferenced information, archaeologists are able to extract dimensional information, section profiles, DEM (Digital Elevation Models) and contour maps, orthomosaics (high resolution photomosaic), 2D siteplans, and other scientific data. The author’s methodology uses simple scale bars placed on site and a triangle created in 3D CAD software based on distances in between three control points. This methodology provide accurate results in a short-term (for instances, if a site is 30m x 30m in size and 20m deep, it will be 0.5mm possible error in 1m, or 1.5cm possible error in 30m, with the optimization, and it takes only 3 - 4 dives with one diver). Once the first model, or Mother Model, is created, following photogrammetric models from the campaign can take advantage of a local coordinate system of Mother Model. In other words, photogrammetric recording processes can be much faster, so that archaeologists are able to create series of 3D digital models during the same excavation campaign. Consequently, maritime archaeologists can obtain enough dataset to study a shipwreck site with layers of information and study stratigraphy of shipwrecks. References Bass, G. F. and Van Doorninck, F. H., 1971. A fourth-century shipwreck at Yassi Ada. American Journal of Archaeology, Vol. 75(1): 27–37. �Bass, G. F. and Van Doorninck, F. H., 1982. Yassi Ada, Vol. 1: A Seventhcentury Byzantine Shipwreck. Texas A&M University Press, College Station. Burtch, R., 2008. History of photogrammetry. Lecture Notes on the History of Photogrammetry. Ferris State University, Big Rapids (https://spatial.curtin.edu.au/local/docs/HistoryOfPhotogrammetry.pdf, Last Updated 2008, Accessed 11/24/2015). Green, J. and Gainsford, M., 2003. Evaluation of underwater surveying techniques. The International Journal of Nautical Archaeology, Vol. 32: 252-261. Green, J., Matthews, S. and Turanli, T., 2002. Underwater archaeological surveying using photomodeler, virtualmapper: different applications for different problems. The International Journal of Nautical Archaeology, Vol. 31: 283-292. Holt, P., 2003. An assessment of quality in underwater archaeological surveys using tape measurements. The International Journal of Nautical Archaeology, Vol. 31(2): 246-251. Konecny, G., 2003. Geoinformation Remote Sensing, Photogrammetry and Geographic Information Systems. Taylor & Francis, London. Van Doorninck, F. H., 1967. The Seventh-century Byzantine Ship at Yassi Ada; Some Contributions to the History of Naval Architecture. PhD Thesis, University of Pennsylvania. Van Damme, T., 2015. Computer Vison Photogrammetry for Underwater Archaeological Site Recording: A Critical Assessment. MA Thesis, University of Southern Denmark. Yamafune, K., Torres, R. and Castro, F., 2016. Multi-image photogrammetry to record and reconstruct underwater shipwreck site. Journal of Archaeological Method and Theory, 17-3-2016 (online). . �Biography Kotaro Yamafune received his Bachelor of Arts degree in history from Hosei University in Tokyo in 2006. He entered the Nautical Archaeology Program in the Anthropology Department at Texas A&M University in September 2009 and received his Master of Arts degree in August 2012. He continued his studies in the Texas A&M University Nautical Archaeology Program and earned his doctorate in May 2016. His research interests include shipbuilding in Medieval Europe and the European Age of Discovery, and ship reconstruction. He also focuses on photogrammetric recording of submerged cultural heritage, including ship � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 6: History and Current Trends of Underwater Archaeology around East Asia Description An account of the resource East Asia is extremely rich in underwater cultural heritage, such as conventional shipwrecks under the sea, submerged settlement sites on the bottoms of inland lakes and rivers, or prehistoric shell mounds along coastal zones. For instance, the medieval or post-medieval aged wrecks and their cargos have recently been discovered one after another in the waters, or the underwater cultural heritage or seascape of stone tidal weir is a common cultural trait to the Ryukyu archipelago, western Japan, southern Korea, mainland China, and Formosa, which surround the East China Sea or a northern part of the Asian Mediterranean. No East Asian nation has ratified the UNESCO 2001 Convention, partly because it does not exactly correspond with oriental philosophy, it does not properly resolve the controversial issues upon sovereign immunity of warship wrecks, and so forth. Occasionally, the principle of preservation in situ in the convention has not been the first choice as Asian waters have poor water clarity generally. Nevertheless, each country has already moved forward with its own underwater archaeological policies and projects both on governmental and grassroots levels. Some activities are in close cooperation with foreign institutions or universities. In East Asia, document-based historical study or terrestrial archaeology has a long tradition, which has had a noteworthy impact upon underwater archaeology and its methodology. Even in this region as well as in other Pacific areas, contrariwise, the technological advancement in underwater survey has remarkably been made recently; using remote-sensing with satellites, robotics for ROVs or AUVs, or 3D photogrammetry by computer software mitigates or cancels the limitations regarding accessibility and working time caused by underwater environment. The tie between such modern technologies and archaeology has minted new applications and perspectives of underwater cultural heritage study. The multi-disciplinary or holistic approaches are increasingly more and more necessary among Asian researchers. Creator An entity primarily responsible for making the resource Akifumi Iwabuchi Tokyo University of Marine Science and Technology, Japan Kotaro Yamafune APPARATUS, LLC, Japan Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Methodology for Accurate and Quick Photogrammetric Recording of Underwater Cultural Heritage Description An account of the resource In the past seven years, photogrammetry has become one of the main recording methods in maritime and underwater archaeology. The application of photogrammetry allows archaeologists to re-create underwater cultural heritage sites in 3D digital formats, and extract from these 3D digital models data and information required for subsequent scholarly research. The author has been using photogrammetry since 2014 and has successfully created nearly 40 underwater cultural heritage models on more than 10 archaeological projects. The projects have ranged in size, accessibility, and water clarity, introducing a number of variables to the photogrammetry of the artifacts. The variety of experiences gained on these projects have enabled the author to construct his own methodology and workflow for photogrammetric recording. In this paper, the author shares examples of his methodology and workflow for photogrammetric recording of various projects in different countries. Creator An entity primarily responsible for making the resource Kotaro Yamafune Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 11/24/2017 Rights Information about rights held in and over the resource Kotaro Yamafune Asia-Pac Session 6 2017 https://apconf-much.org/proceedings/files/original/590e307c15d1d6877b22c95c5da8b1b1.pdf 91c01c2dd35f0d663626052d3c3f67ed PDF Text Text A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands Craig Forrest1 and Jennifer Corrin2 Centre for Public International and Comparative Law TC Beirne School of Law University of Queensland Brisbane Australia 4072 Email: c.forrest@law.uq.edu.au1 Email: j.corrin@law.uq.edu.au2 Abstract A strategy for promoting the adoption of the Convention on the Protection of the Underwater Cultural Heritage, is the adoption of a Model Law; one that also promotes uniformity, consistency and ease of use. This, however, is a challenge in the Pacific. Solomon Islands, for example, like most Pacific island nations, has a plural legal regime. That is, customary law operates in conjunction with the common law, a legacy of Solomon Islands’ colonial past. Legal pluralism raises significant difficulties for the protection and management of cultural heritage, and is especially challenging when the maritime areas beyond the low water mark are involved. This paper considers the barriers to protection of underwater cultural heritage raised by legal pluralism and the further difficulties encountered when considering Solomon Island’s possible ratification on the 2001 Convention on the Protection of the Underwater Cultural Heritage. It considers whether a Model Law might be a useful tool in this endeavour. Keywords: Underwater cultural heritage, Convention, 2001, Law, Legal, Framework, Pacific, Solomon Islands, The underwater cultural heritage of Solomon Islands The very nature of Pacific Island peoples means that Solomon Islands has a rich maritime heritage. Unfortunately, few underwater remains of pre-colonial vessels have survived, though terrestrial examples exist (van Tilburg, 2011). Indeed, the largest water craft in the British Museum is a war canoe from New Georgia (Hess et al., 2009). Nevertheless, other heritage, such as underwater caves and sacrificial sites used for shark or crocodile worship, are numerous, especially in the coastal waters of certain 1 �islands, such as Malaita (Lidimani, 2011). There are also submerged islands and villages, inundated by the changing sea levels as well as in the construction of artificial islands such as Langa Langa Lagoon and Lau Lagoon in Malaita Province and Roviana Lagoon in the Western Province (Guérin et al., 2010). Perhaps the most famous historic shipwreck in Solomon Islands is that of the Boussole, commanded by Jean-François de Galaup, Comte de La Pérouse, lost in 1788 off the island of Vanikoro. The best known wrecks in Solomon Islands, however, are those of the Second World War. So numerous are they that the waters between Guadalcanal and Savo and Florida Islands are known as Iron Bottom Sound. The Protection of Wrecks and War Relics Act 1980 restrict access to (including diving) and interference with these vessels (and aircraft) and associated objects, subject to obtaining a licence from the relevant Ministry (Corrin and Forrest, 2013). Such a license is only to be granted to a person who can satisfy the Minister that they are competent and properly equipped to carry out excavation or salvage operations in a manner appropriate to the historical importance of the wreck. Further, limited protection is provided by the Protected Areas Act 2010. This Act defines areas which may be declared as protected to include an area which possesses significant ‘cultural resources’ or ‘merits protection under the Convention Concerning the Protection of World Cultural and Natural Heritage’ [s 10(1)]. No other national legislation protects the remaining body of underwater cultural heritage in Solomon Islands, and beyond its territorial sea, a problem the 2001 Underwater Cultural Heritage Convention is designed to address. The Convention on the Protection of the Underwater Cultural Heritage The Convention on the Protection of the Underwater Cultural Heritage came into force in 2009, almost eight years after its adoption, and currently only has 45 States parties. Moreover, of these 45 States, few have significant underwater cultural heritage (UCH) within their waters, and even fewer are significant maritime powers that have lost vessels in the oceans of the world. The reasons for the slow take up of the Convention have been dealt with elsewhere (Dromgoole, 2013) but include debate concerning the consistency between the Convention and the 1982 UN Law of the Sea Convention (Cogliati-Bantz and Forrest, 2013); the lack of immunity offered to wrecked sovereign vessels; and the non-application of salvage law. That said, recent ‘ratifications’ do 2 �include maritime States such as France and those with significant wrecks in their waters, such as Belgium, who together with States such as Spain, have an important impact on the manner in which the Convention will ultimately be implemented and applied. It is hoped that more States will follow the lead of these recent ratifications, but for the Convention to be effective, it requires much broader participation by States, particularly in geographical regions such as the Asia-Pacific. The Convention provides an agreed minimum standard for recovery of UCH and sets out the jurisdictional structures and core principles upon which the regime is built, such as noncommercialisation of this heritage, supremacy of in situ preservation, and the encouragement of non-intrusive and non-destructive public access. But above all, the Convention is based on the principle of State co-operation. Without such co-operation, protection beyond the territorial sea is difficult, if not impossible. Accordingly, the Convention can only work if all the States with an interest in a particular wreck, for example, are party to the Convention. This problem is exacerbated in the Asia-Pacific region given the close proximity of many different island nations, and the ability to avoid one jurisdiction and use another as a safe-haven when directing activities at UCH. The Convention is somewhat unusual in its structure with an Annex as an integral part of the Convention. Whereas the Annex addresses archaeological standards in some detail, the Convention itself is designed to set out principles, rights and duties that require implementation, and detail, from each ratifying State. The Convention is not a self-executing convention in the sense that is does not provide rights and duties that can easily be incorporated into a State’s national legal system without some form of implementing legislation that provides a detailed protective regime. The Convention, in seeking to harmonise principles, merely provides the skeleton or framework and each State is required to add body to that structure. There is therefore a tension inherent in the implementation of this Convention: the need for harmonisation across jurisdictions given that the Convention is structured on the basis of State co-operation, whilst at the same time giving States the freedom to implement the Convention in ways that make is workable in that particular State. The great difficulty then is to identify the best mechanism through which these international norms, binding on each State, may be translated and transformed into a national protective regime that is effective as the basis 3 �for State co-operation. One possible mechanism is the use of a model law that can play a transformative role, particularly within a particular geographical region. The transformative function of a Model Law A model law is a legislative text that is recommended to States for enactment as part of their national law (Faria, not dated). Model laws are used to harmonise and unify law, and have been used by a range of international organisations, including UNESCO, UN Commission on International Trade Law (UNCITRAL) and the International Institute for the Unification of Private Law (UNIDROIT) (Siehr, 2012). Essentially the model law sits somewhere on the spectrum between the generality of the norms of international conventions and the specificity of the national legislation. It plays a mediating role in the transformation process from international norms to national law. The extent of that process is dependent on where in that spectrum the model law is to sit. And that is dependent on a range of factors, including the States involved in the drafting of the model law, the specificity of the international norms themselves and the differences in the legal structures of various implementing States (particularly in the same geographical area where this is important to the international context, as it is in this case). The use of model laws in this transformative role has been championed for a number of reasons. By having a more detailed agreed upon instrument, the implementation of the intentional norms is more likely to be applied, interpreted and enforced consistently between jurisdictions (Pistor, 2002). Moreover, the resulting national legislation is also more likely to achieve quality measures of legislation such as its enforceability, consistency, comprehensibility, transparency and accessibility (Poloko, 2012; Muylle, 2003). It also saves time in that the national drafting process is shortened through the collective drafting of the model law. It also allows for the pooling of expertise, particularly where the subject matter of the international norms may be of a technical nature; as is the case with the Annex of the Convention. This is perhaps particularly pertinent in the Pacific, given the limited number of technical experts as well as the limited number of experienced legislative drafters. This has led to a general failure to introduce legislation in many Pacific Islands State to meet their obligations under regional and international conventions. This shortage prompted the member States of the Pacific Islands Forum Secretariat, of which Solomon Islands is one, to 4 �establish a legal drafting unit within the Forum Secretariat in 2006. Its core mandates include provision of legislative drafting assistance to Forum countries in relation to national legislative agendas and in response to the Pacific Plan and any other relevant initiatives. There is already a precedent for the drafting of model laws by the Unit, as in 2008 it completed a Regional Model Law on Customs. Prior to the establishment of the Unit, the Forum Secretariat was a partner in the drafting of the Model Law for the Protection of Traditional Knowledge and Expressions of Culture in 2002. Solomon Islands has not yet developed national law based on this model (Pacific Islands Forum Secretariat; not dated). The use of model laws in drafting national legislation does, however, have shortcomings. Model laws that lie close to national legislation in terms of specificity may lack a certain amount of democratic legitimacy. It is “a legislative process which may be far removed from those which it affects and in a sense negates trends towards bringing government closer to the people by way of regionalisation and devolution” (Poloko, 2012). The risk lies in implementing a model laws that achieves international uniformity but lacks efficacy in the national legal system. As such, in drafting a model law, consideration needs to be given to the difficulties that might arise in giving national (or even local) effect to the resulting national legislation. Whilst a model law is not, in itself, a legislative instrument, and therefore need not be duplicated in its entirety in the implementing legislation, any divergence will undermine the very purpose of the model law: uniformity and harmonization. Nevertheless, it has the advantage of flexibility and the ability to accommodate national variation in its implementation (Faria, not dated). The drafting of a Model law The quality of the national legislation that implements the model law is naturally dependant on the quality of the model law itself. In drafting the model law, consideration must be given to the criteria used to ascertain the legislative quality: being its enforceability, consistency, comprehensibility, transparency, plainness, accessibility and clarity (Poloko, 2012; Muylle, 2003). This then will also impact on the generality or specificity of the model law. These criteria would have to be applied in the drafting of a model law implementing the Convention in the Pacific. 5 �1. Enforceability: the model law would need to take into account the practical consideration needed to give effect to the Conventions’ articles. 2. Consistency and Comprehensibility: the model law would need to be drafted using concepts, language and structures that give effect to the international morns but which are also consistent with national legal structure and legislation and can be understood in that national context. In geographical area such as the pacific, this might necessitate a more abstract generalised model law that take into account the differences in national legal structures. 3. Transparency and Accessibility: requires the involvement, or at least consultation, between the drafters of the model law and those responsible for the national drafting and administration of the implementing legislation. These cautionary points are particularly pertinent in the Pacific, and particularly in relation to States such as Solomon Islands. As a case study, Solomon Islands provide a cautionary seascape within which to consider the use and application of a model law to implement the UCH Convention. Implementation in legally pluralistic States: Solomon Islands Solomon Islands, like most other Pacific Island nations, has a plural legal regime. State law co-exists with customary laws, which are largely unwritten. Customary laws have been given formal recognition in the Constitution, but do not depend on the State for their validity. For many Solomon Islanders they are the only laws they will ever encounter. There is a stark distinction between State law and customary laws. In the customary sphere, the distinctive features of the ‘legal’ and ‘social’ orders are inextricably intertwined. The State system, on the other hand, is based on the common law, which is a foreign model. Its laws and legal institutions are largely legal transplants. There is a longstanding debate in transplant theory as to whether it is only rules that are transplanted or whether it is law and its surrounding culture. It has been argued that the success of a transplanted law depends on the type of law involved, with culturally specific laws being the least likely to succeed (Kahn-Freund, 1974, 5-6). In the context of Solomon Islands, the objection to transplants is well stated by Gatu: A Solomon Islander is a unique Melanesian, and whatever laws or regulations are passed should be made to suit the Melanesian lifestyle. ... Too often both 6 �expatriates and Melanesians (especially politicians) make the same mistakes over and over again by trying to implant or impose foreign laws and concepts on Melanesians and expect them to adhere to such changes with a wave of the magic wand (1977: 98) Model laws are subject to many of the same objections as legal transplants, in that they are not drafted specifically for a country. However, unlike transplants, a model law is not intended to be applied blindly, without modification or supplementation to accommodate local circumstances. However, like transplants, model laws are particularly problematic in plural legal regimes. It is not only the cultural setting of the law that may differ, but also the legal setting. Each of the two legal systems may prescribe a different rule for the same situation. Each may also differ in its approach to process and proof, the appropriate relief and the penalties which may be imposed. Enforceability may also be an issue, particularly given the logistics of Solomon Islands. In practice, particularly in remote areas, traditional leaders may be the only effective authority. Where legal systems overlap, care must be taken not to introduce laws which will exacerbate tensions between the different systems. This is particularly the case where State and customary norms are radically different, which may well be the case in relation to cultural heritage. The complexities arising from legal pluralism in this area are well illustrated by the disagreement of State and traditional authorities over ownership of the land (or sea) on which tangible cultural heritage is situated or through which it may be accessed. The State law is contained in the Land and Titles Act (Cap 133) and the common law, constituted by decisions of Solomon Islands courts. The Act acknowledges the supremacy of customary laws in relation to customary land (which constitutes 87% of the total land area). It states that, ‘The manner of holding, occupying, using, enjoying and disposing of customary land shall be in accordance with the current customary usage applicable thereto, and all questions relating thereto shall be determined accordingly’ [s 239(1)]. However the legislation does not expressly state whether ‘customary land’ includes reefs or foreshore, and recourse must therefore be had to the common law on this point. 7 �Unfortunately, the cases are conflicting. At one time, the High Court regarded the issue as governed by the common law, and accordingly, areas below high watermark were regarded as belonging to the Crown (Allardyce v Laore 1990). However, according to the latest High Court decision (Combined Fera Group v Attorney General 1997) reefs and foreshore may be under customary management if it can be proved that this was the case prior to 1 January 1969. This means that if customary owners have undisputed evidence that they owned an area on which cultural heritage is situated or accessed before that date they may be able to establish a legal right to ownership. Customary laws differ significantly from place to place in Solomon Islands, so it is not possible to state categorically what these laws say about reef and foreshore. One fundamental point of difference is that ‘ownership’ is not an adequate term to describe the rights and obligations of members of customary society regarding their land, which are intimately bound up in an intricate web of relationships. The customary concept of land-holding recognises multi-layered rights of ownership and use. It may be more accurate to refer to ‘rights to use’ than to ownership, but even this does not give the full picture (Corrin, 2008). What can be said is that customary land tenure includes tenure of the land below high water mark. Such tenure carries with it the right to control the use of the marine area and resources, including heritage resources. Solomon Islands Law Reform Commission has considered this matter in some detail. The Commission’s 2012 report recommends amending the definition of customary land in the Land and Titles Act to include land below the low watermark up to the limit of Provincial boundaries ([1.26]). It also recommends abolishing the need to prove ownership prior to 1 January 1969 and relying on proof of current customary usage ([1.26]). To date, these recommendations have not been implemented. If implemented they will have significant consequences for the national government in attempting to implement the Convention in its territorial waters below the high watermark. Another important aspect of legal (and cultural) pluralism to be taken into account is the authority of traditional chiefs, who play a rule not only in making, but also in administering and enforcing customary laws. The Constitution of Solomon Islands puts an onus on Parliament to legislate for the inclusion of traditional chiefs in provincial governance (s 114). 8 �Provincial governments It is also important to bear in mind that legislative reform in Solomon Islands may be in the form of national or provincial legislation. Provincial governments may make laws in the form of ordinances on matters devolved to provinces or ‘incidental to or consequential on’ such matters (s 31(1)). Devolved areas include ‘Historical remains’ (Provincial Government Act 1997, Sch 3, para 2). In the original Act, passed in 1981, the Protection of Wrecks and War Relics Act 1980 was excluded from the devolved powers. The extent of this exclusion is unclear, but this is now academic as it does not appear in the 1997 Act. Provincial Ordinances only have effect within the province, and provincial governments are specifically precluded from making laws affecting Solomon Islands’ international obligations (s 31(4)). Nevertheless, given the political and practical importance of provincial governments, it is important to bear their role in mind when drafting model laws. It is also necessary to take into account the existing provincial initiatives. Guadalcanal and Western Province both have policy frameworks on culture, although these are fairly rudimentary (Guadalcanal Policy Statement on Culture 1987; Western Province Policy on Culture 1989). However, five provinces have Ordinances providing some degree of protection for cultural heritage. These are the Guadalcanal Province Protection of Historic Places Ordinance 1985; the Malaita Province Preservation of Culture Ordinance 1995; the Makira-Ulawa Council (Prevention of the Sale of Traditional Artifacts) Bylaws 1977; the Temotu Province Preservation of Culture Ordinance 1993; and the Western Province Preservation of Culture Ordinance 1989. The Moli Ward Chiefs Council Ordinance 2010 provides a more recent and locally specific example of a piece of sui generis legislation, drafted within Guadalcanal Province to regulate the use of ‘traditional practices or heritage’. This is defined to include, ‘song, chant, dance costume or clothing, ritual, ceremonial object or practice, folklore, painting, carving, art, weapon, architecture, traditional knowledge and any other authentic activity or object attributed to the customs and traditions of Moli Ward.’ Conclusion While sui generis legal solutions are always the preferred option, the drafting of a Model Law for the implementation of the Convention in the Pacific has much to offer. It is both 9 �resource and time efficient and its inherent flexibility in its transformative role is capable of addressing individual State’s particular circumstances. That’s said, the drafting a Model Law with sufficient flexibility to address the distinctive features of a State such as Solomon Islands is not without significant challenges. Solomon Islands’ rich cultural heritage, illustrated by its linguistic and tribal diversity (there are, for example, 65 different languages in Solomon Islands), and the peculiar nature of its legal and social systems, requires input from Solomon Islanders as well as from technical experts on maritime archaeology and the functioning of the Convention. References Allardyce v Laore [1990] SILR 174 Combined Fera Group v Attorney General (Unreported, High Court, Solomon Islands, Palmer J, 19 November 1997) Cogliati-Bantz, B., and Forrest, C., 2013. Consistent: The Convention on the Protection of the Underwater Cultural Heritage and the United Nations Convention on the Law of the Sea. Cambridge International and Comparative law Journal, Vol. 2 (3): 1-26. Corrin, J., 2008. Customary Land and the Language of the Common Law. Common Law World Review, Vol. 37: 305 - 333. Dromgoole, S., 2013. Reflections on the Position of the Major Maritime Powers with Respect to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. Marine Policy, Vol. 38: 116-123. Faria, J. A. E., Legal Harmonization through model laws: The experience of the United Nations Commission on International Trade Law (UNCITRAL), retrieved 28 December 2013, from http://www.justice.gov.za/alraesa/conferences/2005sa/papers/s5_faria2.pdf. Forrest, C., and Corrin, J., 2013. Legal Pluralism in the Pacific: Solomon Island’s World War II Heritage. International Journal of Cultural Property, Vol. 20: 1-21. Gatu, B., 1977. Dispute settlement in the Solomon Islands. In G. Powles, R. Crocombe, and M. Pulea, (Ed.), Pacific Courts and Justice, Institute of Pacific Studies, Fiji: 98-100. Guérin, U., Egger, B., and Penalva, V., 2010. Underwater Cultural Heritage in Oceania. UNESCO, Paris. Hess, M., Robson, S., Miller, F. S., Were, G., Hviding, E., and Berg, A. C., 2009. Niabara - The Western Solomon Islands war canoe at the British Museum - 3D documentation, virtual reconstruction and digital repatriation. Berg, Arne Cato 2009 15th International Conference on Virtual Systems and Multimedia: proceedings: VSMM 2009 Vienna Austria, retrieved 15 December 2013, from http://discovery.ucl.ac.uk/1305320/1/1305320.pdf. 10 �Kahn-Freund, O., 1974. Uses and Misuses of Comparative Law. Modern Law Review, Vol. 37 MLR: 1 - 27. Lidimani, D. B., 2011. Cultural Mapping Report: Solomon lslands. Secretariat of the Pacific Community, Fiji. Muylle, K. J., 2002. Improving the Effectiveness of Parliamentary legislative procedures. Statute Law Review, Vol. 24 (3): 169-186. Poloko, L., 2012. Drafting of legislation in compliance with model laws. LLM Thesis, Institute of Advanced Legal Studies, University of London. Siehr, K., 2012. Model Laws for Implementing International Conventions - The Implementation of the 1970 UNESCO Convention on Cultural Property. Max Planck Private Law Research Paper No. 12/25. Solomon Islands Law Reform Commission., 2012. Review of the Law that Applies to Land below High Water Mark and Low Water Mark (Solomon Islands Law Reform Commission, 2012). Pacific Islands Forum Secretariat. Legislative Drafting, retrieved 8 January 2014, from http://www.forumsec.org/pages.cfm/political-governance-security/legislative-drafting/. Van Tilburg, H., 2011. Historic Period Ships in the Pacific Ocean. In A. Catsambis, B. Ford and D. L. Hamilton (Eds.), The Oxford Handbook of Maritime Archaeology, Oxford University Press, Oxford Watson, A., 1976. Legal Transplants and Law Reform. Law Quarterly Review,Vol.79- 84 Biography Craig Forrest is a reader in law and Director of the Marine and Shipping Law Unitat the University of Queensland. He was a member of the South African UNESCO delegation that drafted and adopted the 2001 Convention and has participated in a number of UNESCO workshops on the implementation of the Convention. In 2013 he assisted in drafting a Model Law for the implementation of the Convention in the Caribbean. He is a member of the International Law Association's Cultural Heritage Law Committee and is editor of the Australian and New Zealand Maritime Law Journal. Jennifer Corrin is Director of the Centre for Public, International and Comparative Law, University of Queensland, and currently an Australian Research Council Future Fellow undertaking research on law reform and development in plural legal regimes. Jennifer has published in the areas of South Pacific law, customary law, human rights, court systems, evidence, land law, constitutional law and contract. Current projects include the status of French law in former colonies; carbon rights in Melanesia; and legal pluralism and theories of law. Jennifer is on the Editorial Boards of the Journal of Legal Pluralism, and the Journal of South Pacific Law. 11 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Session 15: Legal Framework for the Protection of the Underwater Cultural Heritage Subject The topic of the resource Video interview with Session 15 chair Dr. Craig Forrest. Description An account of the resource The legal framework for the protection of the underwater cultural heritage has gained momentum throughout the Asia-Pacific with a number of States turning their attention to this issue. For some this is due to concerns raised though specific incidents that have damaged or destroyed the underwater cultural heritage or the information that could be gleaned from its excavation, whilst for others, it follows from consideration being given to the UNESCO Convention on the Protection of the Underwater Cultural Heritage. This session considers the Legal Framework for the Protection of the Underwater Cultural Heritage in a number of Asia-Pacific states. The objectives of session are to explore the various national approaches and to seek aspects of commonality and uniformity that provide frameworks for other state that have not yet addressed the issue. Creator An entity primarily responsible for making the resource Dr. Craig Forrest Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands Description An account of the resource A strategy for promoting the adoption of the Convention on the Protection of the Underwater Cultural Heritage, is the adoption of a Model Law; one that also promotes uniformity, consistency and ease of use. This, however, is a challenge in the Pacific. Solomon Islands, for example, like most Pacific island nations, has a plural legal regime. That is, customary law operates in conjunction with the common law, a legacy of Solomon Islands’ colonial past. Legal pluralism raises significant difficulties for the protection and management of cultural heritage, and is especially challenging when the maritime areas beyond the low water mark are involved. This paper considers the barriers to protection of underwater cultural heritage raised by legal pluralism and the further difficulties encountered when considering Solomon Island’s possible ratification on the 2001 Convention on the Protection of the Underwater Cultural Heritage. It considers whether a Model Law might be a useful tool in this endeavour. Creator An entity primarily responsible for making the resource Craig Forrest Jennifer Corrin, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.) Date A point or period of time associated with an event in the lifecycle of the resource 5/20/2014 Asia-Pac Session 15 2014 https://apconf-much.org/proceedings/files/original/12e3a1ee750c8a8856daeaeda6e4b100.pdf 3a863f2e1ae306b284f71e073e193783 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2021 Session 9: Museums, Public Outreach and Conservation Subject The topic of the resource Session 9 papers Description An account of the resource Abstract Trade along the Maritime Silk Road has been going on for many centuries. Museum collections show a visible record of objects that were traded and historical sources provide important information of how this developed over time. Since the 1970’s many shipwrecks have been discovered that give an even better understanding of this intricate network. While more and more of these shipwreck are now being excavated in an archaeological manner, in the past most of them were salvaged for mainly commercial purposes. Many of these pieces have end up in museum collections. In this session several museums and institutions will give their approach on how they present this material, whether from an archaeological excavation, a commercial salvage or both. Which issues are addressed and what message do they convey to a wider public? The Princessehof will present about their current exhibition Sunken Treasures showing ceramic cargo from various shipwrecks. Featured will be a selection of 7 shipwrecks – from the 9th to 19th century – that show the long and rich history of the Maritime Silk Road. To highlight the vital role of underwater archaeology to preserve this history the museum cooperates with the Dutch Cultural Agency (RCE). The RCE will provide their view in this session on presenting this kind of material and the issues that come at play, including the controversy involved. The National Museum of Korea will present about the Sinan shipwreck. In 2016 the museum had a major exhibition on the Sinan shipwreck, celebrating the 40th anniversary of the excavation in 1976. It marked the beginning of underwater archaeology in Korea. The museum now still has a permanent display to tell the story of this remarkable find that contained crucial information on trade between China and Japan in the 14th century. Session Organizers: Eline van den Berg Youngmi Kim Martijn Manders Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2021 Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Date Copyrighted Date of copyright. November 2021 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Museum Project: Case Study of the National Museum of Prehistory, Taiwan of the ‘The Voyage 30,000 Years Ago” Project and Oceanic Environmental Education Program Description An account of the resource The National Museum of Prehistory (NMP) in Taiwan is the only national museum in eastern Taiwan and an important anthropology museum. The NMP has been working together with the National Museum of Nature and Science in Japan during three years to develop the program “Holistic Reenactment Project of the Voyage 30,000 Years Ago”. The aim of this project was to look into the origin of the Japanese people by testing whether it is possible to travel to the Japanese archipelago from Taiwan by using a raft. The project team inferred that ancient humans were most likely to use the Kuroshio Current to travel from Taiwan to the Okinawa Islands. In recent years, a succession of human skeletons from more than 20,000 years ago have been unearthed in Okinawa. As such, based on the distribution of animals, ocean Currents, Paleolithic human remains, DNA from unearthed skeletons, and social behaviors, it has been estimated that humans have occupied the islands of Okinawa for some 30,000 years. There is a strong possibility that these prehistoric settlers found their way to Okinawa by sea from Taiwan. Two bamboo rafts were built by a Taiwanese indigenous raft-maker to test this hypothesis. The knowledge and techniques of building bamboo rafts as practiced by Taiwan’s indigenous people are listed as intangible cultural heritage. The techniques and knowledge of making rafts are disappearing. We have tried to record how the rafts were made. In this study, we can see how museums can use intangible cultural heritage not only by collecting, protecting, researching and exhibiting this material, but also interpreting and representing it. In addition the NMP will present their results from the oceanic environmental education program developed over two years. Creator An entity primarily responsible for making the resource Pi-Ling Wen Chi-Shan Chang Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Wen, Pi-Ling, and Chi-Shan Chang. 2021. “A Museum Project: Case Study of the National Museum of Prehistory, Taiwan of the ‘The Voyage 30,000 Years Ago.” Project and Oceanic Environmental Education Program.” Edited by Brian Fahy, Hans Van Tilburg, Bill Jeffery, T. Kurt Knoerl, and Riley Smith. In Proceedings of Fourth Asia Pacific Regional Conference on Underwater Cultural Heritage: Keelung,Taiwan, and Virtual, November 1-5, 2021. The Museum of Underwater Archaeology URL: https://apconf-much.org/proceedings/exhibits/show/apconf-muchproceedings/item/690 Asia-Pac Session 9 2021 https://apconf-much.org/proceedings/files/original/f1055c6be0be9d64246c07116f63264d.pdf 11c1cbbe28a30bcf3f84f86fbaea0074 PDF Text Text A National Cultural Treasure Revisited – Re-assessing the ‘Balangay’ Boat Discoveries Roderick Stead1 and Dr. E Dizon2 Abstract The discovery of the balangay boats in the Butuan area of Northern Mindanao was arguably the most important find in pre-colonial maritime archaeology throughout island South East Asia. This class of vessel was well known from the accounts of early Spanish visitors to the Philippines, such as the Pigafetta journal of Magellan‟s voyage, but no extent examples had been located until the 1970s. As a by-product of an organised excavation of a settlement at the mouth of the Agusan River, a wave of illegal pot-hunting began in the Butuan area. As these ships had no commercial value they were reported to the National Museum. A total of 11 vessels were reported as discovered between 1976 and 1998, under some 2 metres of silt. In recent years a replica of a balangay boat has been built in the Philippines and it carried out a number of trial voyages in South East Asia. This replica is due to be put on show for the public in Manila. The first vessel discovered was conserved and is exhibited on site. A second ship was excavated and is on display in Manila in a partially reconstructed form. A third vessel and portions of a fourth have been excavated and are stored in pieces on site. The National Museum is planning to reopen the site in order to record in detail the remaining ships, to trace the stylistic developments of these vessels, and to test the dating evidence. The earlier excavations indicated a range of dates covering the millennium before the Spanish colonisation. This paper is a description of the plans for the re-excavation of this prominent site. The location is very sensitive as vessels were declared „National Cultural Treasures‟ by Presidential Decree in 1986. 1. Introduction The discovery of a collection of the hulks of balangay boats in Mindanao has been the most important archaeological contribution to our understanding of the maritime heritage of the Philippines in the last forty years. Many of the boats discovered were not fully excavated, dated nor recorded. This paper describes a current review being carried out to assess whether this site should be reexcavated to allow further investigation of the remaining vessels. 2. Historical References to Balangay Boats Early European visitors to the Philippines reported and described a number of indigenous vessels and boats, constructed in accordance with a local ship building tradition. The first detailed reports were from the voyage of Ferdinand Magellan. The account of Antonio Pigafetta, the chronicler of this voyage, was translated and published by Lord Stanley of Alderley in the nineteenth century. Soon after the arrival of the expedition in the Philippines in1521 Pigafetta records, “we came upon two long boats, which they called ballanghai, full of men. In the largest of them was the king sitting under an awning of mats” (Stanley 1 Phd student at Southampton University Head of Maritime Archaeology at the National Museum, Manila 2 �2 1874:76). He also records a conference near Samar, “the king… led us under a place covered with canes, where there was a ballanghai, that is to say, a boat, eighty feet long or thereabouts, resembling a fusta. We sat with the king upon its poop” (Stanley 1874:78). The fusta was a kind of light galley from this period, used mainly in the Mediterranean, with a single mast, a lateen sail and up to 18 oars. Ruy López de Villalobos certified the receipt of a fusta, the San Martin, as one of six vessels provided for his voyage to the Philippines in 1542 (Blair and Robertson 1903:2, 60). The spelling of balangay took various forms in the early accounts, perhaps due to Pigafetta preparing his original account in Italian, with subsequent translations into French and Spanish. Most of the modern versions of his chronicle are based on French texts, such as the 1525 Paris imprint (which has been reproduced in facsimile by the University of Michigan). The word appears as barangay, barangai, ballanghai or balangay in various sources. There is no doubt that the etymological source of this word is linked to the expression in Tagalog and other local languages for the smallest political unit of Philippine society, which is consciously modelled on a boat crew (Scott 1994:4-6). There is an extensive description of the balangay and the ship building techniques used to construct them in Francisco Ignacio Alcina‟s unpublished text, Historia de las Islas e Indios de Bisayas (1668:197-213). He recorded that he had actually built and sailed a number of these craft himself. He described the vessel as follows; barangay, llaman a la que va creciendo ya en tamaño y talle; y estas embarcaciones, llamadas así, son las mas ligeras que se usaban, y usan, por acá entre estos naturales. Lábrense sobre quilla cuadrada, añadiéndole sus tablas por banda, con que quedan bajas de bordo y a propósito para remar 3 (Alcina 1668:200-203). Apart from Alcina there were frequent descriptions of these vessels in other early accounts, notably in the Sucesos de las Islas Filipinas of Antonio de Morga (1609:190). In the translation by Alfonso de Salvio, Norman F. Hall and James Alexander Robertson he describes the barangays as, “certain quick and light vessels that lie low in the water, put together with little wooden nails. These are as slender at the stern as at the bow and they can hold a number of rowers on both sides”. These early accounts indicate that they were general purpose cargo-carrying vessels and widely used in inter-island trade. They were propelled by rowers or paddlers and by sail. They can be contrasted with the caracoa, a swifter, lighter naval vessel used for raiding and as a people carrier (Scott 1981:5-10). The barangay has not survived to the present day, but a number of more modern types of plank-built wooden craft show some influence from this tradition. 3 “Barangay is what they call the next larger in size and proportion. The vessels bearing this name are the lightest that were used and are still being used by these natives here. They are built upon a square keel, adding boards for the side. They are completed with low sides suitable for rowing…” translated by C.J. Kobak and L. Gutiérrez 2005:201-202. �3 Many of the boats used as houseboats by the sea gypsies in the Sulu Sea (between Mindanao and Borneo) have similar features to the balangay (Peralta 1980:42). Luzon Butuan Site Cebu Palawan Sulu Sea Mindanao Figure 1. Map of the Philippines to illustrate site location 3. Discovery of the Balangay Boats in Butuan No original examples of the balangay were known until a fortuitous discovery in Butuan City in Northern Mindanao (See Figure 1). Archaeological materials were found near the estuary of the Agusan River in 1974 by the Butuan City engineers who were draining seasonal flood water from the low-lying land near the Masao creek. Excavation of fish ponds in the local area also produced evidence of ancient burials. �4 These accidental discoveries were reported to Xavier University in Cagayan de Oro and a series of archaeological excavations were carried out from 1975 to 1977 by staff and students from Xavier University and Mindanao State University. A report on the earlier finds and these excavations was prepared by Linda Burton (1977:95-112). The sites revealed a number of burials with extensive grave goods, including porcelain items from the Yuan period (thirteenth to fourteenth centuries) and the Ming period (fourteenth to seventeenth centuries). A settlement area with middens was also located. The material culture excavated here included sherds, iron slag, ornaments and animal and marine remains. The discovery of undisturbed burials, with valuable imported ceramics, caused a surge in illegal excavations to loot cemeteries in the area. The activities of the pot hunters, using sounding rods and test pits, destroyed much of the archaeological potential of the area, but turned up a number of timber boats preserved in the estuary mud and silt . As these had no commercial value they were reported to the National Museum (Cembrano 1998: 2-4). It is not surprising that these vessels were discovered at Butuan as this was a well-known trading port in the pre-Hispanic era, and this area, called the Caraga, was an important source of gold (Scott 1994:164-165; Hontiveros 2006). The first recorded trade mission to China from the Philippines was dispatched in 1001 Common Era (CE) from Butuan (Pu-duan in the Chinese sources). The Song Shi (Sung History) describes it as a small country with regular contact with Champa. The King is named as Kiling (Qi-Ling) (Scott 1989:3 and Appendix 1). 4. The Geophysical Environment The Agusan River delta is an area of extensive deposition of sand and silt. The evolution of the estuary has been traced in detail by a recent geophysical report (Javelosa, et al. 2002). The site where the boats were found is a waterlogged, marshy forest, mixed with coconut, banana and nipa palm. In some areas it has been cleared for fishponds, which will have destroyed the subsurface deposits. All the boats were found buried in one to two metres of silt, within a two kilometre radius around a paleochannel which survives as the narrow Masao creek. The sites are some distance from the present channel which indicates that it was considerably wider at the date of hulking4, or that it has subsequently changed its course. The high water table means that this is a difficult area to excavate, but this is, of course, the key to the preservation of the timber structures. None of the sites was marked on the ground and it is difficult to correlate the excavation sketch maps in the National Museum files to modern topographical maps. Even the memories of those who participated in the excavations are unclear given the lack of land marks in the marsh (as discussed on site with the original excavation team members). 4 Hulking, meaning the deliberate abandonment of the vessel �5 It is not clear the extent to which illegal pot hunting has disturbed and contaminated the sites as a large number of test pits have been dug. 5. The Boat Discoveries A total of eleven hulks or wreck fragments have been reported in total. The first nine vessels were identified by serial numbers 1 to 9, and subsequently two further boats were reported. All these discoveries were accidental or due to the activities of illegal pot hunters. Figure 2. Boat No 1 on display at „Balangay Shrine‟ (Photo M R Stead 2011) The first vessel was excavated in 1976 and following conservation treatment with polyethylene glycol, has been displayed in a glass case at the „Balangay Shrine‟, just next to the original discovery site (see Figure 2). The plank hull has a length of approximately 15 metres and beam of approximately 4 metres (Peralta 1980: 43). The carbon dating of this hulk indicated a surprisingly early date of 320 CE, +/- 110 years (Ronquillo 1987:71-78). There is a detailed plan drawing of the surviving timbers in Joseph Peralta (1980:44-45). The ceramics associated with the excavation seem to suggest a much later date but the depredations of the pot hunters may have disrupted the stratigraphy (Peralta 1980:44). �6 The second vessel was discovered in 1977 (see Figure 3). This vessel is of a similar size, about 14 metres long with a comparable design. This vessel has a C14 date of 1250 CE +/- 90 years reported by Wilfredo Ronquillo (Ronquillo 1987:71-78). The vessel has been comprehensively recorded by an Australian team, including a photo mosaic and a plan drawing of the timbers derived from the photos (Clark, et al. 1993:143-159). The boat is now exhibited in the National Museum in Manila in a partially reconstructed state. Figure 3. The Balangay No 2 under Excavation (Courtesy of National Museum). The third vessel was represented by only three planks and these suggested a rather smaller boat. This vessel was reburied. Boat no. 4 was discovered after damage from pot hunters. A few remnants of this vessel are retained on site at the „Balangay Shrine‟ whilst the rest was reburied. The 5th vessel was excavated and is retained at the „Balangay Shrine‟ in pieces. It is currently the subject of further conservation efforts. This vessel was dated to 990 CE +/- 70 years (Ronquillo 1987:71-78). A plan drawing of the timbers of this vessel from the National Museum archives is reproduced by Paul Clark, Jeremy Green, Tom Vosmer and Ray Santiago (1993:145). Vessels number 6, 7, 8 and 9 have not been excavated. Subsequently two further vessels are reported to have been discovered, but have not been formally numbered (Cembrano 1998:4). The excavations mostly took place a generation ago and no site identification marks or landscape features are available to fix the sites exactly. Memories of the precise locations are not clear or consistent. The sites lie in three groups in three separate properties. The site maps from the original �7 excavations are essentially sketch maps, which are difficult to tie in to modern topographic maps. Therefore it is not always possible to identify exactly where the boats were excavated and where the unexcavated vessels lie (see Figure 4, which is a comparison of the original site map with a Google Earth image of the area today). The area is extensively scarred by pot hunter pits. Figure 1. Google Earth image (left) and old site map (Bautista 1988). Note highway bend and forks in river for reference (indicated by red arrows). Approximate site locations retrieved from this field visit are shown on the Google Earth image, and are compared with locations marked in the old map (indicated by orange arrows and encircled). Figure 4. Modern satellite map comparing site location to historic site map (Courtesy of Ms Ligaya Lacsina of the National Museum). 6. Vessel Construction The balangay boats found at Butuan seem to have followed similar designs. They correspond closely to the descriptions contained in Alcina‟s manuscript (1668:167-195). He indicates that all the larger craft in this indigenous tradition had common construction methods. He uses a number of technical terms in Spanish and the local language, Visayan, to describe the components and construction methods. The construction began with carving a keel and stem and stern posts, “la quilla y las dos rodas de proa y popa”. The strakes, “tablas”, were �8 carved two from each tree trunk using axes and adzes. This avoided using the outer sap wood and the core of the log, neither of which gives strong, resistant timber. These strakes were carved with curved ends, “lubag”, to create the appropriate hull curvature. The strakes were always cut to the full length of the hull. The size and shape of the strakes determined the beam of the vessel and the shape of the hull. On the inside of the planks were left rounded protrusions or lugs, “tambuko”, with holes for the hull fastenings. Inner ribs called “agar” were lashed to the hull using the “tambukos” to hold the vessel together. The strakes were joined and attached to keel by wooden battens or dowels which fitted into holes carved by an auger5. The number of strakes determined the height of the freeboard. Oars of appropriate lengths were selected based on the height of the freeboard. According to Alcina the ship was usually left to season for one or two months and then the dowels were checked by dismantling the hull. The strakes were caulked with a palm extract, “baruk”. The hull was then stressed by lashing, a process called “usus”. The dowels were locked in position with wooden plugs, to “cegar las junteras” called in Visayan “pamuta”. The vessel was then fitted with outrigger poles and connecting timbers, “katig”. The outriggers could support platforms especially for fighting or carrying passengers. A central hull platform, the “burutlan”, was used for working the sails or carrying passengers or freight. A temporary awning of palm leaves was often rigged to protect the passengers from the sun or rain. The ships carried either a single mast or a tripod mast, which could be raised or lowered quickly. The sails themselves were usually wider than they were high, and strung on two bamboo yards. However, there is very little evidence from the excavations as to whether these vessels had outriggers and masts. This probably reflects the theory that they were hulks and such equipment would have been stripped. The lack of finds of shipboard equipment in the excavations would seem to support this interpretation. Most of the vessels have not been published in detail although there is much information in the excavation reports in the files of the National Museum. The most comprehensive published account is the survey of the timbers of boat number 2 carried out in 1988 (Clark, et al. 1993:143-149). This vessel is about 14 metres long and the remains consist of a keel with two strakes on one side and five on the other. The dowels were not locked in this vessel, but locked dowels had been noted in the first Butuan discovery. A series of hooked scarf joints6 were observed on these strakes. It would clearly be very valuable to have all the vessels published to this level of detail, in order to easily compare and contrast the vessels and seek to develop a typological evolution linked to comprehensive dating evidence. 5 Auger, a tool for carving circular holes in wood Hooked scarf joints are a way of fitting together strakes in a potential area of hull weakness, discussed at length (Clark, et al. 1993: 150). 6 �9 7. The Reception of the Discoveries This discovery is without doubt one of the most important maritime archaeological sites in Southeast Asia from the pre-colonial era. The importance of these discoveries was recognised immediately and the early moves by the National Museum to excavate and conserve the first two vessels were commendable. There are extensive displays on these vessels in the National Museum in Manila and in the Regional Museum in Butuan City. The first vessel is now, of course, the central focus of the „Balangay Shrine‟. The importance of the discoveries was confirmed in 1986 when they were declared as „National Cultural Treasures‟ by President Corazon C. Aquino under Presidential Proclamation No 86. Since 2009 there have been three separate replicas of balangay boats built in the Philippines. A series of voyages were undertaken in Philippine and South East Asian waters with the first replica to demonstrate the seaworthiness of the design (discussed with Daniel Calo, a crew member). This vessel is to be preserved in Manila and put on permanent display. The third vessel, the Masawa Hong Butuan, was built in Mindanao and is currently moored in the Agusan River, close to Butuan (visited by the site visit team in 2011). 8. Proposal to Conduct Further Work on Site In February 2011 a visit to the site was organised by Roderick Stead, one of the authors, accompanied by Ligaya Lacsina of the Archaeology Division from the National Museum in Manila. The purpose of this visit was to evaluate if further work should be undertaken on the site. The staff of the Regional Museum in Butuan were particularly helpful in seeking to identify the original sites of the boat discoveries. To reopen the site would be feasible, but is complicated as the exact location of the boats is not always clear. The first challenge would be to locate the hulls again, which ironically would probably require the use of similar sounding rods as in the pot hunters‟ tool kits. The use of more sophisticated electronic devices would be complicated by the waterlogged nature of the site. The wet site is also a complication for re-excavation as the trenches would need to be shored up and kept clear of water by continuous pumping. Great care would be needed to avoid deterioration of the fragile wood of the vessels, even if the exposure was only temporary. However such is the importance of this site that further excavations on the remaining craft is certainly justified. This would include testing the date range of all the vessels. A fairly limited number of C14 tests were undertaken on the three excavated boats and the reported results ranges over a millennium, which would seem suspiciously broad considering the very consistent range of designs. The surviving timbers would need to be recorded accurately using photography and scanning technology. The wood species used in construction would need to be analysed. The surviving tool marks may give clues to the construction process. Computer modelling could be used to reconstitute an electronic model of each vessel. A range of environmental samples would be �10 needed to analyse the stratigraphic layers in which the vessels sit. Finally there could be an attempt to construct a typological evolution of the design if the time elapse period is as long as reported. There are two precautionary considerations. We do not know how much the trial pits of the pot hunters have damaged the archaeological layers and contaminated the site. It is also important to note that these appear to be abandoned hulks, discarded at the end of their useful lives. Therefore it is likely that all reusable equipment was stripped from the hulls at the time of abandonment. 9. Conclusion The „balangay‟ boats continue to be an important symbol of the pre-colonial maritime culture of the Philippines. This project could significantly extend our knowledge of these vessels, their use and their construction. A controlled process of reburial would protect the hulls for future re-examination. Abbreviations IJNA International Journal of Nautical Archaeology Bibliography Historia de las Islas e Indios de Bisayas, 1, 3, 3, republished in Manila in 2005 by University of Santo Tomas with a translation by Kobak C.J. and Gutiérrez L. Report on Archaeological Excavation Butuan City, Agusan Bautista, A.P., del Norte Province June 5 to July 5, National Museum, 1988 Philippines Blair, E.H., and The Philippine Islands, 1493-1898, 55 vols, Cleveland Robertson, J.A., 1903-7 Burton L., "Settlement and Burial Sites in Butuan City: A Preliminary Report", in Philippine Studies, 25, pp.95-112. 1977 Cembrano, M.R., Patterns of the Past, the Ethno Archaeology of Butuan, 1998 National Museum, Manila. Clark, P., "Philippines Archaeological Site Survey, February 1988", Conese, E. International Journal of Nautical Archaeology 18, 3, Nicolas, N. and pp.255-262 Green, J., 1989 Clark, P., Green, "The Butuan Two boat, known as a balangay in the J., Vosmer, T., National Museum, Manila, Philippines", in International Journal of Nautical Archaeology, 22, 2, pp. 143-159 Santiago R., 1993 Green, J. N., "Interim Report on the Australian-Philippines Butuan boat Alcina, I. F., 1668 �11 Vosmer T., Clark P., Santiago R., and Alvares M., 1995 Hontiveros, G., 2006 de Morga, A., 1609 Ronquillo, W.P., 1987 project", IJNA, 24, 3, pp. 177-188. Butuan of a Thousand Years, Butuan City, Butuan City Foundation Sucesos de las Islas Filipinas, reissued in 2006, London, Hard Press "The Butuan archaeological finds: profound implications for Philippine and Southeast Asian prehistory", in Man and Culture in Oceania, 3, pp. 71-78. "Ancient mariners of the Philippines", in Archaeology, 35, Peralta, J.T., 1980 5, pp.41-48. First Voyage Round the World by Magellan: Translated Pigafetta, A. trans. by Stanley, from the Accounts of Pigafetta and Other Contemporary Writers Cambridge. C.U.P. J.E.H., 2010 The Voyage of Magellan, The Journal of Antonio Pigafetta Pigafetta, A. trans. by Page, William l. Clements Library, University of Michigan S.P., 1969 Scott, W.H., "Boat Building and Seamanship in Classic Philippine Society", in Anthropological Papers No 9, National 1981 Museum, Manila, Filipinos in China before 1500, De La Salle, Manila. Scott, W.H., 1989 Barangay, Sixteenth Century Philippine Culture and Scott, W.H., Society, Ateneo de Manila U.P. , Manila. 1994 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A National Cultural Treasure Revisited - Re-assessing the "Balangay" Boat Discoveries Subject The topic of the resource Session 4 The archaeological study of ships’ cargo, hull, and maritime infrastructure Description An account of the resource The discovery of the balangay boats in the Butuan area of Northern Mindanao was arguably the most important find in pre-colonial maritime archaeology throughout island South East Asia. This class of vessel was well known from the accounts of early Spanish visitors to the Philippines, such as the Pigafetta journal of Magellan’s voyage, but no extent examples had been located until the 1970s. As a by-product of an organised excavation of a settlement at the mouth of the Agusan River, a wave of illegal pot-hunting began in the Butuan area. As these ships had no commercial value they were reported to the National Museum. A total of 11 vessels were reported as discovered between 1976 and 1998, under some 2 metres of silt. In recent years a replica of a balangay boat has been built in the Philippines and it carried out a number of trial voyages in South East Asia. This replica is due to be put on show for the public in Manila. The first vessel discovered was conserved and is exhibited on site. A second ship was excavated and is on display in Manila in a partially reconstructed form. A third vessel and portions of a fourth have been excavated and are stored in pieces on site. The National Museum is planning to reopen the site in order to record in detail the remaining ships, to trace the stylistic developments of these vessels, and to test the dating evidence. The earlier excavations indicated a range of dates covering the millennium before the Spanish colonisation. This paper is a description of the plans for the re-excavation of this prominent site. The location is very sensitive as vessels were declared ‘National Cultural Treasures’ by Presidential Decree in 1986. Creator An entity primarily responsible for making the resource Roderick Stead E Dizon Date A point or period of time associated with an event in the lifecycle of the resource November 2011 Asia-Pac Session 4 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Ninth-Century AD Arab or Indian Shipwreck in Indonesia: First Evidence for Direct Trade with China Creator An entity primarily responsible for making the resource Flecker, Michael Date A point or period of time associated with an event in the lifecycle of the resource 2001 Type The nature or genre of the resource Journal Article Zotero Author Flecker, Michael Item Type Journal Article Date A point or period of time associated with an event in the lifecycle of the resource 2001 Issue 3 Pages 335-54 Publication Title World Archaeology Title A name given to the resource A Ninth-Century AD Arab or Indian Shipwreck in Indonesia: First Evidence for Direct Trade with China Volume 32 India https://apconf-much.org/proceedings/files/original/f4166c74d80fc0210e6535eb459594e5.pdf 66a24b1cfac35c8bfc61bbff0c002114 PDF Text Text A non-member State’s practice on the incorporation of the UCH Convention: Taiwan’s experience Pei-Fu Wu Ph.D. candidate, National Sun Yat-sen University, R.O.C. Investigator, Coast Guard Administration, Executive Yuan, R.O.C. Abstract The United Nations Organization for Education, Science and Culture (UNESCO) adopted the Convention on the Protection of the Underwater Cultural Heritage in 2001 which entered into force in 2009. In order to preserve, protect and manage underwater cultural heritage, State Parties should preserve underwater cultural heritage and take actions accordingly. The R.O.C. has followed the developments afore mentioned since 1999, and a specific legislation “Underwater Cultural Heritage Preservation Act” was enacted and entered into force in 2015 while facing various challenges along the way, even the R.O.C. is not a member of the UNESCO nor a Party to the Convention. The emergence, evolution, and practice in terms of the incorporation of the Convention into domestic legislation warrants the necessity of in-depth studies and further theorization since such experience relates to the success or failure of policies with respect to the incorporation of international conventions into domestic legislation. This paper provides an analytical assessment on the approaches that the R.O.C. incorporated the Convention through applying or modifying relevant theories regarding the incorporation of international conventions into domestic laws, and suggestions on confronting similar challenges. Key words: UNESCO, Convention on the Protection of the Underwater Cultural Heritage, incorporation into domestic legislation I. Forward The adoption and ratification of the UNESCO Convention on the Protection of the Underwater Cultural Heritage (hereinafter referred to as the UCH Convention) have had an impact on the international community, including Taiwan. Taiwan is not a UNESCO Member State nor a party to the UCH Convention and has no international law duty to sign, approve or �comply with the UCH Convention. In response to this change, under the commission of the Ministry of Culture (hereinafter referred to as the MOC and its predecessor Cultural Affairs Council, hereinafter referred to as the CAC) and supervision of scholars, the author has participated in this academic research and bill drafting, namely the permanent “Underwater Cultural Heritage Preservation Act” (hereinafter referred to as the UCHPA), the “Rules for the Implementation of the Underwater Cultural Heritage Preservation Act,” the “Guidelines for Underwater Archaeological Work,” and the “Rules for the Management of Activities directed at Underwater Cultural Heritage.” The adoption and implementation of the UCHPA not only demonstrates Taiwan’s political will in participating this international affair, but it also affects the agency authority, legal regimes, and marine affairs management domestically. The experiences mentioned above may cast new light on Taiwan’s incorporation of other international instruments in the future, even more for other smaller countries like Taiwan with respect to UCH issues. The author exams Taiwan’s relevant laws regarding UCH, and takes an overlook on the incorporation of the UCH Convention, particularly related bill-drafting processes. Finally, some preliminary observations are illustrated. II. Taiwan’s incorporation process According to surveys conducted by the Academia Sinica group headed by Academician Chent-Hwa Tsang, at least fifteen shipwrecks have been confirmed surrounding the waters of Taiwan, and part of them have been listed on the national register.1 Besides, some UCH were discovered in inland waters. These UCH continue to face a threat from man and nature, and such danger should be reflected in national policies and legislations for their preservation, protection, and management. �The Cultural Heritage Preservation Act (hereinafter referred to as the CHPA) is the core of Taiwan’s legal protection of cultural heritage. However, the CHPA is dominated by inland concept, with extremely limited sea or underwater notion or almost non-existent. In the 2002 amendment of the CHPA, it was stipulated that “res nullius antiquities” and “res nullius ancient monuments” in submerged water are state-owned, and finders would be rewarded accordingly. These provisions were deleted in the 2005 amendment, leaving only that international investigations and excavations of sites within the territorial sea of the R.O.C. are regulated and authorized. This removal led to an insufficient linkage between the CHPA and the preservation, protection, and management of UCH. Nor can it be the foundation for the MOC as the competent authority in charge of UCH. Legally speaking, the CHPA can no longer be the basis for the preservation, protection, and management of UCH, nor it be part of the so called “relevant laws and regulations” in the “Law on the Territorial Sea and the Contiguous Zone of the Republic of China (hereinafter referred to as the LTS).” Other laws directly regarding UCH are unavailable to be applied as a groundwork for the preservation, protection, and management of UCH. Article 16 of the LTS states: ‘The historical relics or monuments found in the archaeological, scientific research, or any other activities in the territorial sea and the contiguous zone of the Republic of China shall be owned by the Republic of China and shall be disposed of by the relevant laws of the Republic of China.’ The provision was delivered by the Legislative Yuan (namely the Congress) in the bill review process, not the Executive Yuan (namely the Cabinet). The Congress raised the article based on articles 33 and 303 of the United Nations Convention on the Law of the Sea2 focusing on State ownership or disposition, without taking into account the shortcomings of �the Convention at the time of its adoption of the two articles, and the international law in which the international community was engaged in the UCH issues. The LTS could not be the appropriate legal foundation for the preservation, protection, and management of the UCH. Given the general needs of Taiwan to promote her national marine policy, a scholar advocated the position and function of the UCH legal regime from the policy and maritime legislation perspective and drafted a UCH bill. The initiative is the initial driving force for Taiwan’s incorporation of the UCH Convention. In 1997, under the commission of the Ministry of the Interior, scholars submitted a report themed as “Strategic Arrangements Regarding Maritime Legislations.” They proposed that maritime legislations should be carried out to push forward the national marine policy, including an “Underwater Cultural Heritage Act” (Hu, 1997). Afterward, in 1998, scholars drafted the first “Bill of the Protection of the Underwater Cultural Heritage, Republic of China” for the CAC (Hu, 1999). However, the draft bill was not submitted to the Congress. The reasons behind deserve a detailed discussion. In 1997, the CAC invited scholars and relevant agencies to review the provisions of the CHPA. The academic representatives supported the regulation of UCH in the CHPA and had only different opinions on its practices, such as abstract or a particular chapter. The scholar who drafted the LTS called for a particular legislation regarding UCH. Officials are conservative on the issue. The CAC delegation expressed his doubt about the necessity of developing a particular bill regarding UCH. The delegation from the Ministry of Education stated that it was immature to deal with the theme. The Ministry of the Interior said that at the present stage, due to coordination difficulties, unless the MOC is established in the future and exercises authority over ancient antiquities as well as �monuments, the government should act in accordance with the CHPA. They reached the final resolutions as follows:3 Before the MOC is established, the primary task of the CAC falls mainly on cross-agency coordination and consultation. In principle, the CAC respects the authority of the Ministry of Education and the Ministry of the Interior. Some of the relevant standards regarding the protection of UCH provided in this meeting are incorporated from the UCH Convention, and others are from draft bills. However, whether it is mature to incorporate these norms into our local law should be reconsidered. These international norms must be quite mature enough to be incorporated. It is significant to protect UCH, and the government should pay more attention and collect information. Most of the relevant problems regarding UCH could be solved according to article 16 of the current LTS. When it comes to amending the CHPA, some issues need to be reconsidered: how to rule UCH in the CHPA? Is there an immediate need? How about the maturity of the international norm (draft)? Even if we take the terms of the license clauses, the scope of the mandate will also involve the issue of legal retention, and the concept of res nullius seems to have not yet reached a consensus domestically. The case is proposed to maintain the status quo, and relevant agencies shall collect more information on this topic and have in-depth analysis, as soon as the overall structure and concept are mature, the amendment of the CHPA or a particular legislation is available. The CAC has commissioned the National Sun Yat-sen University (The Center for Marine Policy Studies) in June 1999 to complete a research program and put forward a particular bill for legislation4. The report has been delivered to the relevant agencies for reference. Before the establishment of the MOC, the Ministry of Education command the �preservation as well as maintenance of archaeological relics, and the CAC should fully collaborate with the Ministry of Education. In fact, it is difficult to solve most of the related problems mentioned above by the LTS. The government exercises jurisdiction over UCH in the territorial sea and contiguous zone of R.O.C. only, and the maritime jurisdiction is less than that by the CHPA. The comprehensive application of the laws results in a lack of jurisdiction over UCH in the contiguous zone and beyond. Furthermore, the LTS only stipulates ownership over UCH with other aspects of UCH preservation, protection, and management blank, especially international cooperation. Legal vacuum undoubtedly impedes the protection of UCH. Since 2006, the CAC commissioned various research programs regarding UCH issues (Hu, 2006). In 2008, the scholars resubmitted an “Underwater Cultural Heritage Preservation, Protection and Management Act (Draft)” to the CAC, that is, the predecessor of the UCHPA (Hu, 2008). In 2012 the MOC commissioned scholars to submit the “Guidelines for Underwater Archaeological Work (draft)” which was then incorporated into the permanent “Rules for the Management of Activities directed at Underwater Cultural Heritage” (Hu, 2012). In addition to the efforts of the MOC, scholars have continued to promote relevant work in different areas and levels, such as the introduction of the UCH Convention (Hu and Wu, 2009), the organization of international conferences and visits, initiatives carrying out in the Council of Marine Affairs Advancement, Executive Yuan. The UCHPA was passed in 2015 by the Congress with several revisions. In response to the changes and a significant number of statutory authorization requirements, the MOC once again commissioned scholars a research program to draft nine regulations or rules accordingly (Hu, 2016). The drafts were completed in 2017, and �the MOC initialed them all in the same year. From the academic initiative to the full completion of the UCH legal regime, twenty years have elapsed. III. Taiwan’s practice of incorporation of the UCH Convention The incorporation process and the success acquired have shown some considerable signs, worthy continuing to carry out legislative policy research in the future. First, from the legislative policy perspective, through the development of the UCHPA and its reference to other existing laws and regulations, a complete UCH legal regime was established. UCH issues involve authorities, duties, and functions of almost all agencies of the Cabinet. To effectively adapt to the inter-disciplinary and inter-agencies nature, the government incorporated the UCH Convention into the UCHPA and incorporated the contents of the Annex Rules of the UCH Convention into the subordinate ordinance authorized by the UCHPA with Taiwan’s national conditions thoroughly considered. The UCHPA apply to all UCH issues with priority. Any rules or norms in contradiction with the spirit of the UCHPA shall be amended in due course gradually in the future. Second, national interests are the primary considerations of Taiwan’s incorporation of the UCH Convention. According to the official statements, the CAC formed its perception regarding the preservation, protection, and management of UCH based on international and domestic factors. The former is the worldwide value on the preservation and protection regarding UCH. The latter is Taiwan’s promotion and implementation of her national marine policy. The significant principles and spirits of the UCH Convention were not timely implemented in the domestic legal regime. The current law could not be fully applied to the preservation, protection, and management of UCH. The lack of norms regarding UCH resulted in the lack of jurisdiction over the conservation of UCH. Meanwhile, nation-wide precise rules regarding UCH are absent for interest groups or �stakeholders, especially the fishing and diving communities. Thus, private salvage and incidental damage are unavoidable. The lack of specific awarding incentives over UCH discoveries led to investigation difficulties. Positively, the government assessed that although the annual required administrative costs would up to about NT$ 20 to 50 million after the adoption of the draft (UCHPA), Taiwan would be benefited from an output value conservatively estimated NT$ 120 billion each year. And it would bring other non-economic benefits or values, such as that UCH is fully protected and managed. The authority would learn more about the preservation, protection, and management of UCH. Public access would enrich social education as well. Since 2006, the CAC has been planning to promote a series of medium and long-term projects regarding UCH, including general survey, regulations research and billing, historical research, preservation of excavated UCH, personnel training, educational promotion and international cooperation. The CAC envisaged in cultivating underwater archaeology with Taiwan characteristics and developing Taiwan’s marine culture in line with the “Prosperity with the Ocean” policy. Third, native scholars played a significant role in the legislative process. The incorporation was initiated by a small number of academics out of national interests, rule-legitimacy, and other factors. They followed and introduced the international development of the UCH issue domestically. By the cooperation with the government, internal administrative selfinterpretation of the UCH Convention and awareness were raised. The academic community actively called on the Congress to pay close attention to the issue and put forward the draft respectively. Eventually, the bill was soon adopted than expected. It is no doubt that domestic �driving force, especially elites from the academic community, influenced more than international or external pressure. Fourth, the incorporation of the UCH Convention is still in progress. There are still many opportunities and challenges ahead, especially capacity building. The preservation, protection, and management of UCH in Taiwan involve the management of activities directed and incidentally directed at UCH, as well as law of salvage and law of finds, territorial sovereignty, and maritime jurisdiction disputes. These controversies comprehend cultural (heritage), maritime law, admiralty law and other different legal areas. The author’s drafting experiences over the past years indicate that the preservation, protection, and management of UCH at least comprehend half of the agencies of the Cabinet. Meanwhile, the adoption of the UCHPA has impacted these organizations, especially their authority, duties, and functions individually. The process of drafting the UCHPA also showed strong cross-agency coordination and cooperation nature. The interdisciplinary feature has made the issue more dependent on higher and direct political support from the Cabinet itself. Before the Cabinet are empowered directly to coordinate the issue by the UCHPA, the MOC and even the future Marine Affairs Council (or the Ministry of Marine Affairs) will be responsible for cross-agency cooperation and coordination. Apart from this, drafting the particular bill regarding UCH is one of the priorities of the incorporation of the UCH Convention. Much of the work in the broad sense has yet to be pursued and at the same time constitute opportunities as well as challenges for Taiwan. International factors played a limited role in Taiwan’s incorporation of the UCH Convention. However, we shall never under estimate their influence. There is a great room for Taiwan to utilize international forces aggressively. For example, international collaboration on site excavation, information exchange, �cultural diplomacy or UCH diplomacy are encouraged in accordance with the UCHPA. Disputes over maritime and UCH jurisdiction arose from the UNCLOS and the UCH Convention, coupled with the East China Sea and the South China Sea disputes as well as the potential jurisdiction overlapping over sunken military aircrafts all involve Taiwan’s major national interests. It even more provides the government with a window of opportunity to deal with the cross-Strait relations and relevant collaborations with Mainland China. To deal with the issue appropriately, the MOC would need to cooperate actively with the Ministry of Foreign Affairs, the Ministry of Defense, the Mainland Affairs Council, and other agencies. There is a significant room for future development regarding UCH related foreign affairs. When the Congress passed the UCHPA, a resolution was accompanied by a Congress request for a written report regarding the official strategy in response to the national security need to the Education and Culture Commission of the Congress by the MOC with conciliation with the Ministry of Foreign Affairs, the Ministry of Defense and the Mainland Affairs Council. In the report replied, the MOC defined the scope of UCH related national security issue as “international information and communication security, international criminal cooperation, international information flow, international research cooperation and international exchange cooperation.” The definition reflects part of the permanent and future needs of Taiwan, showing that the government may need to offer some fresh insights into the issue to meet the national interests. The affected interest groups or stakeholders, like fishing and diving communities, had insufficient awareness of the principles of the UCHPA and relevant regulations in the legislative process. Whether the government attains their full support remains uncertain in the future. Public awareness regarding UCH affairs remains in the spirit of �mysterious treasure hunting or legendary commercial exploitation. If the spirit of the preservation, protection, and management of UCH is to be effectively implemented, in-depth public awareness and public access will be indispensable. As a part of marine affairs, the preservation, protection, and management of UCH has a close relationship with other marine affairs and involves duties of different agencies. The implementation of the UCHPA and relevant regulations have a significant impact on those agencies, along with the relatively minor feature of the issue in Taiwan, political will would be essential. As to the judicial implementation of the UCHPA, expertise regarding cross-border cultural heritage crime investigation, return, and restitution needs to be cultivated. �Table 1: Some features of Taiwan’s incorporation of the UCH Convention. Level The public Opportunity minority nature Challenge 1. inadequate public awareness and public access 2. minority nature The 1. academic position integration difficulties academic enthusiasm and among scholars from different community expertise fields 2. lobbying and voicing in different occasion The Cabinet 1. major resources 2. political will and capacity building (budget, personnel, expertise) power on inter-agency coordination and cooperation The understanding and Congress support from particular support from most political political elites with inadequate understanding and elites academic backgrounds The judicial 1. potential to deal with capacity building (expertise, system the issue 2. rule of law international collaboration) �IV. Conclusion The experience and observation over the past twenty years indicated that long-term internal academic concern and government efforts devoted regarding UCH legislation for national interests eventually acquired fruitful success. With coordination and cooperation among different agencies, especially the Cabinet itself and the Congress, Taiwan finished her initial legal construction regarding the preservation, protection, and management of UCH comparable to international standards. In the future, Taiwan has a long way to go on this issue, whether she is a member of the United Nations and UNESCO or not. As an indispensable part of the world marine culture and human history, in addition to strengthening capacity building, Taiwan needs to devote more on UCH related foreign affairs, so that can properly preserve, protect, and manage this common heritage of mankind, and ultimately achieve the universal goal of world peace. Endnotes The Bureau of Cultural Heritage, Ministry of Culture, “Time Capsule on the Seabed: Taiwan’s Underwater Cultural Heritage,” https://zhtw.facebook.com/permalink.php?story_fbid=800518620050069&id=4401 30549422213, June 10, 2016 (accessed June 15, 2016). 2 Article 33 of the UNLCLOS states: 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; (b) punish infringement of the above laws and regulations committed within its territory or territorial sea. 2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. Article 303 of the UNLCLOS states: 1. States have the duty to protect objects of an archaeological and historical nature found at sea and shall cooperate for this purpose. 2.In order to control traffic in such objects, the coastal State may, in applying article 33, presume that their removal from the seabed in the zone referred to in that article without its approval would result in an 1 �infringement within its territory or territorial sea of the laws and regulations referred to in that article. 3. Nothing in this article affects the rights of identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges. 4. This article is without prejudice to other international agreements and rules of international law regarding the protection of objects of an archaeological and historical nature. 3 The 9th meeting record on the re-amendment regarding the amendment of the CHPA was issued by the CAC on Oct. 15, 1998, by a letter referenced as Wen-Jian-E-Tzu(文建壹字) No. 06770. It is on file with the author. 4 Nien-Tsu Alfred Hu, 1999. Report on the Preliminary Study on the Domestic Legislation Regarding UCH, commissioned by the Cultural Affairs Council. In the report delivered to the CAC, scholars drafted the first “Bill of the Protection of the Underwater Cultural Heritage, Republic of China. References Nien-Tsu Alfred Hu, 2016. Report on the Research on the Legal Regime with Respect to UCHPA, commissioned by the Ministry of Culture. Nien-Tsu Alfred Hu, 2012. Report on the Research on the Guidelines for Underwater Archaeological Work, commissioned by the Cultural Affairs Council. Nien-Tsu Alfred Hu, Pei-Fu Wu, 2009. The 2001 UNESCO UCH Convention and the Practices of Its Contracting Parties in Terms of the Incorporation of the Convention into Domestic Legislations. In Wen-Yan Chiau (Eds.), The Ocean and Taiwan Conference, Taiwan Research Foundation, Taipei: 192-230. Nien-Tsu Alfred Hu, 2008. Report on the Bill-drafting Regarding UCH, commissioned by the Cultural Affairs Council. Nien-Tsu Alfred Hu, 2006. Report on the Research on the Utilization of UCH and the Arrangement of International Conferences, commissioned by the Cultural Affairs Council. �Nien-Tsu Alfred Hu, 1999. Report on the Preliminary Study on the Domestic Legislation Regarding UCH, commissioned by the Cultural Affairs Council. Nien-Tsu Alfred Hu, 1997. Report on the Strategic Arrangements Regarding Maritime Legislations, commissioned by the Ministry of the Interior. The Cultural Affairs Council, 1998. The 9th Meeting on the Reamendment Regarding the Amendment of the CHPA. Official Letter, WenJian-E-Tzu(文建壹字) No. 06770. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 7: Underwater Cultural Heritage Politics, Laws, Ethics and Values Description An account of the resource All cultural materials are potentially cultural resources. However, because not all of them can be preserved or studied, choices must be made based on evaluation and re-evaluation. Values are learned and depend on cultural, intellectual, historical, and psychological frames of reference. Consequently, valuation is made individually, but is shared by communities. Valuation of underwater cultural heritage has, then, a broad range of determining value depending on the community to which it belongs. A clear example of this is the protection of human remains. The 2001 UNESCO Convention includes, in its definition of underwater cultural heritage, human remains which have been underwater for more than 100 years. However, the Christian philosophy on the treatment of human remains is different to that of Asian philosophy that teaches that human remains will never become underwater cultural heritage since, if they are seen by someone in an underwater site, it is imperative to rescue the human remains and bury them on land according to their beliefs. This session aims to create a forum for policymakers, managers, and archaeologists devoted to underwater cultural heritage where they can share their experiences of and research on the valuation of underwater cultural heritage. We aim to accept papers that help us to understand the definition of ‘underwater cultural heritage’ in the Asia-Pacific regions, comparing those definitions with the definition of the 2001 UNESCO Convention and trying to find a common interpretation. We will also be looking to examine the meaning of the underwater cultural heritage sites and objects for different communities. Finally, we will be expecting papers exploring the different possibilities of the use and/or conservation of this underwater cultural heritage according to the values and needs of the different communities. Creator An entity primarily responsible for making the resource Elena Perez-Alvaro Licit Cultural Heritage Ltd., UK Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A non-member State’s practice on the incorporation of the UCH Convention: Taiwan’s experience Description An account of the resource The United Nations Organization for Education, Science and Culture (UNESCO) adopted the Convention on the Protection of the Underwater Cultural Heritage in 2001 which entered into force in 2009. In order to preserve, protect and manage underwater cultural heritage, State Parties should preserve underwater cultural heritage and take actions accordingly. The R.O.C. has followed the developments afore mentioned since 1999, and a specific legislation “Underwater Cultural Heritage Preservation Act” was enacted and entered into force in 2015 while facing various challenges along the way, even the R.O.C. is not a member of the UNESCO nor a Party to the Convention. The emergence, evolution, and practice in terms of the incorporation of the Convention into domestic legislation warrants the necessity of in-depth studies and further theorization since such experience relates to the success or failure of policies with respect to the incorporation of international conventions into domestic legislation. This paper provides an analytical assessment on the approaches that the R.O.C. incorporated the Convention through applying or modifying relevant theories regarding the incorporation of international conventions into domestic laws, and suggestions on confronting similar challenges. Creator An entity primarily responsible for making the resource Pei-Fu Wu Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2017 Rights Information about rights held in and over the resource Pei-Fu Wu Language A language of the resource English Zotero Author Pei-Fu Wu https://apconf-much.org/proceedings/files/original/3a67a2822e1acc9e0d3c395f6bf90098.pdf 48eaaaf4477d1ce744ca0757ca144287 PDF Text Text A Non-State Party’s Experience Implementing the UCH Convention: Taiwan’s Perspective Pei-Fu Wu1 (Adjunct Assistant Professor, Graduate Institute of Marine Affairs, National Sun Yat-sen University (NSYSU), Taiwan (R.O.C.), and Post-doctoral Research Fellow, The Center for Marine Policy Studies, NSYSU) ABSTRACT This paper pertains to Session 26 and aims to provide an account of regime complex concerning underwater cultural heritage protection beyond the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. The study involves some case studies, including Taiwan’s incorporation of the Convention, surveys of shipwrecks in Taiwan’s waters, and the author’s research findings. Given that Taiwan is not a State Party to the Convention, this investigation seeks to determine whether non-States Parties can engage in pragmatic collaborations with adjacent or other States to enhance UCH protection. The author proposes that a regime complex comprising different international regimes with overlapping objectives, anchored by the Convention as the core instrument and complemented by various international, regional, and bilateral instruments, mechanisms, and arrangements, could be employed to strengthen UCH protection in conjunction with the Convention. Moreover, diverse stakeholders, including States, international organizations, non-governmental organizations, multinational corporations, institutions, and individuals, may have a significant role to play in facilitating international cooperation to safeguard UCH. Keywords: Convention on the Protection of the Underwater Cultural Heritage, international regime, regime complex, underwater cultural heritage, Taiwan List of figures Figure 1. The international regime complex for UCH protection 1. INTRODUCTION This paper is most appropriately categorized within Session 26 (General session), as it aims to introduce the intellectual developments on international cooperation for the protection of underwater cultural heritage (UCH) in Taiwan from the perspective of regime complex. The United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) is widely recognized as the core legally binding international convention for UCH governance. Its expressed norms on international cooperation, encompassing diverse areas, including the Coordinating State mechanism, sanctions, protection of State vessels and aircraft, training, and bilateral, regional, or multilateral agreements (UNESCO, accessed 25 Dec. 2022). Its Preamble explicitly emphasizes the crucial role of cooperation among States, international organizations, scientific institutions, professional organizations, archaeologists, divers, other stakeholders, and the general public (UNESCO, accessed 25 Dec. 2022). Despite the significant contribution of the UCH Convention, certain intrinsic and extrinsic factors limit its efficacy. Notably, the precondition of UCH being under water for 100 years, a limited number of States Parties, and persistent challenges in ocean governance may compromise the Convention’s influence. While efforts should be made to reinforce the UCH Convention, exploring alternative regimes that are widely recognized and endorsed beyond it may offer a more flexible approach to safeguarding UCH. In scenarios where sunken ships originating from States Parties sink in non-States Parties’ waters, or 1 Since 2005, Dr. Wu has participated in the incorporation of the 2001 UCH Convention into Taiwan’s Underwater Cultural Heritage Preservation Act (UCHPA) as well as its nine subordinate regulations. He had served as a legal consultant to the Bureau of Cultural Heritage, Ministry of Culture. This paper is founded on research commissioned by the National Science and Technology Council (NSTC) entitled “A National Ocean Governance Geared towards International Regimes.” 1 �sunken ships originating from non-States Parties sink in States Parties’ waters, the application of the UCH Convention may not be straightforward. Thus, the identification of supplementary policy or legal instruments beyond could serve to bridge these gaps and complement the UCH Convention. Non-States Parties to the UCH Convention are not bound by its provisions. Nevertheless, they may serve as resource States, transit States, or market States in the trade of looted UCH. Hence, it is significant to identify alternative policy or legal tools to complement the UCH Convention in combating transboundary crimes. In recent decades, some States of origin have claimed sovereign immunity over their military vessels that sank in coastal States’ waters by entering into bilateral agreements, even if some of them are not States Parties to the UCH Convention. The engagement of a wide range of stakeholders is paramount to safeguarding UCH against both natural and anthropogenic disturbances. While UCH is often vulnerable to these threats, it can also provide valuable information on marine scientific research (MSR), such as climate change. UCH may pose a threat to the marine environment and navigational safety. Thus, the identification of stakeholders and tools beyond the UCH Convention is necessary to address these protection gaps. Despite not being a State Party to the UCH Convention, Taiwan’s role in UCH protection in East Asia should not be overlooked. Numerous shipwrecks of foreign origin, including those of the United States, Japan, the United Kingdom, and the Netherlands, have been discovered or suggested in Taiwan’s waters or located on land (BOCH, accessed 10 Nov. 2022). This shared heritage presents opportunities for mutual interests to be pursued. Nevertheless, with the exception of Cambodia and Micronesia, no other East Asian countries have ratified, accepted, approved or acceded to the UCH Convention (UNESCO, accessed 20 Apr. 2023), leaving the rich legacy of UCH in the region vulnerable to clandestine excavation, looting, or trafficking. The objective of this paper is to discern alternative policy and legal mechanisms, as well as stakeholders beyond the purview of the UCH Convention, to complement the existing legal framework and enhance the protection of UCH. 2. CASE STUDIES In the context of underwater archaeological surveys, the Taiwanese government has commissioned Professor Cheng-hwa Tsang to conduct UCH surveys in the surrounding waters for an extended period. A considerable number of sites or shipwrecks have been discovered or are yet to be discovered. Notable among these are the S.S. Bokhara and Sobraon from the UK, SS President Hoover from the US, Warship Guang Bing, Yamafuji Maru, Nanshin Maru 23, Gotsugetsu Maru, Asaka Maru, and Mansei Maru from Japan (BOCH, accessed 10 Nov. 2022). Of particular significance is the fact that some of the States of origin, such as Japan and the United States, are not States Parties to the UCH Convention, which underscores the need for international cooperation beyond the framework of that Convention. With regards to domestic legislation, UCH was initially subject to the Cultural Heritage Preservation Act (CHPA). Due to its limitations, Taiwan incorporated the UCH Convention into domestic law through the enactment of the 2015 Underwater Cultural Heritage Preservation Act (UCHPA). The author of this article has been extensively involved in the research, drafting, and consultation pertaining to the UCHPA over the last decade. The incorporation was motivated by Taiwan’s commitment to fulfill its international responsibility in safeguarding UCH, particularly in light of the rich legacy of UCH in the surrounding waters of Taiwan. As such, Taiwan is the first non-State Party to incorporate the UCH Convention into domestic legislation in the region. 2 �3. RESOURCES The resources utilized in this study were mainly obtained from a four-year research project commissioned by the National Science and Technology Council (NSTC) of Taiwan. The author conducted a preliminary examination of international regimes concerning UCH protection beyond the UCH Convention. This study represents part of the intellectual efforts in Taiwan. 4. FRAMEWORK The research question addressed is whether there exist international regimes concerning UCH protection beyond the UCH Convention that can be implemented alongside it. Raustiala and Victor (2004, 279) introduced the concept of regime complex as “an array of partially overlapping and nonhierarchical institutions governing a particular issue-area.” Generally, the primary features of a regime complex are as follows: first, the overlapping aspects of regimes can be diverse, covering various aspects such as scope, subjects, and targets. Second, there is no clear hierarchical relationship among the regimes involved. Third, the regimes may include formal and informal, as well as legally and non-legally binding mechanisms. Fourth, functional overlapping is addressed in addition to the names of these regimes. Finally, diverse public or private entities should also be considered (Gehring & Faude 2013, 471-498; Orsini 2013, 35-42; Green & Auld 2017, 259-284). In brief, the regime complex concerning UCH beyond the UCH Convention can be characterized including but not limited to cultural heritage, ocean governance, and human rights. Figure 1. The international regime complex for UCH protection (1) Soft laws concerning UCH protection Prior to the adoption of the UCH Convention, the 1956 Recommendation on International Principles Applicable to Archaeological Excavations and the 1978 Recommendation for the Protection of Movable Cultural Property adopted by the UNESCO encompass cultural heritage under water. Thus, the pertinent components of the two Recommendations could be employed as complementary tools for UCH protection. 3 �(2) The World Heritage Convention (WHC) Although the definition of sites in the Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC) does not explicitly refer to UCH, UCH is implied in the WHC because the Preamble of the UCH Convention refers to the WHC. Furthermore, four of the fifty Marine World Heritage Sites on the World Heritage List on UNESCO's website are mixed cultural and natural World Heritage sites. The General Assembly of the UCH Convention adopted a resolution to encourage States to apply the Rules of the Annex of the UCH Convention as best practice for any activities directed at submerged parts of World Heritage. A joint mission group consisting of experts of the Scientific and Technical Advisory Body (STAB) of the UCH Convention and the ICOMOS visited Bulgaria to examine the conservation of Nessebar and its underwater remains. The World Heritage Committee also recommends the inclusion of UCH in many of its reviews of proposals or projects pertaining to UCH (UNESCO, accessed 30 Dec. 2022). Overall, the WHC encompasses UCH both normatively and practically. (3) Cultural heritage crimes and protection in peacetime and in the event of armed conflict The UCH Convention does not provide explicit provisions for protecting UCH in the context of armed conflicts. The 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970 Convention) does not regulate UCH explicitly. Nonetheless, these norms do not preclude UCH protection. Mr. Alejandro Palma Cerna (UNESCO, 2016), President of the Conference of the States Parties to the UCH Convention, has addressed that “conflict, political turmoil, adverse geopolitical and economic situations, and rapid and unsustainable urban development in coastal areas, damage underwater cultural heritage...[e]choing the call to encourage the exchange of information and synergies among the Culture Conventions,...called for greater cooperation and monitoring to prevent the pillaging and illicit trafficking of underwater cultural heritage.” The STAB of the UCH Convention (UNESCO, 2018) has recommended that the States Parties monitor the involvement of their nationals or vessels in plundering shipwrecks that originated from non-States Parties and has called for cooperation with the International Criminal Police Organization (INTERPOL). The INTERPOL (INTERPOL, accessed 3 Jan. 2023) has expressed concerns about such crimes and cooperates with UNESCO to discuss best practices in response to such issues. Therefore, the instruments referred to by the aforementioned developments can be interpreted to implied to UCH protection, including the 1995 International Institute for the Unification of Private Law Convention on Stolen or Illegally Exported Cultural Objects, the Convention against Transnational Organized Crime, the United Nations Convention against Corruption, and the Declaration concerning the Intentional Destruction of Cultural Heritage. Furthermore, the Sixth General Assembly of the States Parties to the UCH Convention (UNESCO 2017) lists UCH in emergency situations as one of its themes and found that such emergency situations include conflicts and natural or human-made disasters. The Assembly determined that the Strategy for Reinforcing UNESCO’s Action for the Protection of Culture and the Promotion of Cultural Diversity in Armed Conflict should be incorporated into the implementation of the UCH Convention. UNESCO (UNESCO 2015) suggested that the large-scale, systematic destruction and plundering of cultural heritage is an indicator of the strong links between the cultural, humanitarian, and security dimensions of conflict and terrorism and that an attack on cultural heritage constitutes an attack on people’s race, rights, and security. The destruction of cultural heritage is considered a war crime. The Policy on Cultural Heritage issued by the International Criminal Court states that the policy area of the instrument includes UCH such as shipwrecks and underwater archaeological sites (ICC 2021). Therefore, any unlawful destruction of cultural heritage, including UCH, may constitute a war crime in accordance with Article 8 of the Rome Statute of the International Criminal Court. Meanwhile, the UNESCO (UNESCO 2015) suggested that new and more effective measures be developed, in particular under the framework of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) and the 1970 Convention. 4 �The 1954 Hague Convention provides a definition of cultural property that applies to both terrestrial and underwater environments. If a warship is conducting a mission in water, any UCH must be identified. If anti-submarine warfare is conducted close to UCH and torpedoes are used, precautions must be taken, such as managing the torpedo depth. In the event of armed conflict, the occupying party must prohibit, avoid, or take measures to prevent the theft, depredation, or destruction of any UCH in the occupied area (O’Keefe et al. 2016, 35, 40, 55-56). These instruments all complement the UCH Convention. (4) Ocean governance: UNCLOS-centered international cooperation Articles 149 and 303 of the UNCLOS explicitly mention UCH. This suggests that UCH protection is no longer a matter of cultural heritage but also a concern of marine affairs. This differs from the protection of terrestrial cultural heritage, which is typically undertaken within national jurisdiction. International regimes for ocean governance may be partially or fully applicable to UCH protection. Distinct approaches can be considered in this regard. Natural disturbance on UCH Marine environment protection regimes may be applied to UCH protection. Particularly Sensitive Sea Areas (PSSAs) designated by the International Maritime Organization (IMO, accessed 30 December 2022) include some cultural and natural heritage sites in marine environments. Article 4(d) of the 1995 Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean reads that “[t]he objective of specially protected areas is: ...(d) to safeguard sites of particular importance because of their scientific, aesthetic, cultural or educational interest.” Human disturbance on UCH: activities directed at UCH Such activities may warrant the application of marine environment regimes, as they could disturb UCH and its surrounding environment. The UNESCO (UNESCO, accessed 23 Oct. 2022) is currently working with the Ocean Decade Heritage Network under the framework of the UN Decade of Ocean Science for Sustainable Development (2021–2030) initiative to promote the integration and coordination of archaeology, cultural heritage management, and marine science and to strengthen communication among diverse stakeholders. Human disturbance on UCH: activities incidentally affecting UCH To address such impacts, international regimes governing these activities may be invoked for the protection of UCH. A prospector or contractor shall immediately notify the Secretary-General of the International Seabed Authority (ISA) regarding any archaeological or historical artifacts and their locations, and the Secretary-General in turn shall transmit such information to the Director-General of the UNESCO in accordance with ISA regulations (ISA, 2002). Such requirements indicate that international instruments that do not pertain to UCH may still be applicable to UCH protection under certain circumstances. Human disturbance on UCH: looting or commercial exploitation of UCH The activities are deemed as having a detrimental impact on UCH, endanger navigational safety, and constitute marine crimes that infringe upon the maritime jurisdiction of coastal States. Diverse legal claims can be employed. For instance, the right of hot pursuit stipulated in the UNCLOS can be invoked. International information exchange regarding maritime domain awareness (MDA) can be utilized to protect UCH. 5 �UCH disturbance on the marine environment and/or human beings In the context of sunken military crafts from World War II, unexploded ordnances or leaking oil can pose a significant threat to the environment and human safety. Certain regimes, such as the Nairobi International Convention on the Removal of Wrecks, may be applicable to UCH protection. In conclusion, UCH protection can be achieved through various ocean governance regimes beyond the UCH Convention, such as marine environmental protection, marine spatial planning (MSP), marine scientific research, blue economy, navigation safety, and the exploration, exploitation, conservation, and management of living and non-living natural resources. Multiple stakeholders can be involved in this effort, such as the IMO, the ISA, the International Tribunal for the Law of the Sea, the UN Division for Ocean Affairs and the Law of the Sea (ICOMOS, accessed 1 Jan. 2023), the Intergovernmental Oceanographic Commission (IOC) (UNESCO 2019), the International Hydrographic Organization (IHO), and the World Meteorological Organization (WMO) (UNESCO 2019). (5) Human rights Right to work and property right The principles of archaeology are not explicitly addressed in international human rights instruments. Nevertheless, those principles influence archaeological work, especially with respect to property rights and cultural rights. Take the Draft Declaration on the Rights of Indigenous Peoples for example, O’Keefe (1999, 190) suggested that archaeology affects the property rights of indigenous peoples, such as the rights over sacred sites, native land, and native artifacts and the restitution of cultural, intellectual, religious, and spiritual property. Activities directed at UCH are usually subject to the discretion of cultural authorities. The decisions may impact the work of underwater archaeologists, divers, and those involved in tourism. Governments must also weigh the protection of UCH against the rights of those who inadvertently impact it, including their right to work and property. In such instances, the Universal Declaration of Human Rights (UDHR) can aid in the interpretation and implementation of the UCH Convention. Cultural right The resolution of the United Nations Human Rights Council (OHCHR, 2016) states that “...damage to cultural heritage, ...of any people constitutes damage to the cultural heritage of humanity as a whole...the destruction of or damage to cultural heritage may have a detrimental and irreversible impact on the enjoyment of cultural rights, in particular the right of everyone to take part in cultural life, including the ability to access and enjoy cultural heritage.” It is suggested that Article 27(1) of the UDHR is the basis for the cultural right and “States should recognize the right of everyone to...[t]he right to participate in cultural life” in accordance with Article 15 of the International Covenant on Economic, Social and Cultural Rights, and that cultural life is “to benefit from the cultural heritage.” (O’Keefe 1999, 187-188) Hence, it is imperative to include UCH within the norm of cultural heritage. Cultural rights regimes can provide guidance in the interpretation and application of the UCH Convention. 5. RESULTS UNESCO is actively promoting global ratification and engagement of the UCH Convention. Despite the significant contribution of the Convention, certain intrinsic and extrinsic factors limit its efficacy. It is pragmatic to identify diverse regimes indirectly contributing to UCH protection beyond the UCH Convention, as well as the roles diverse stakeholders can play. 6 �This article advocates for the adoption of a regime complex perspective to examine Taiwan’s recent observations. The approach posits that multiple regimes with overlapping objectives exist simultaneously, forming a complex network of policy/legal frameworks that complement and reinforce one another. The UCH Convention serves as the core instrument, while other regimes addressing issues can contribute to UCH protection indirectly. Meanwhile, diverse stakeholders, such as States, international organizations, NGOs, multinational corporations, institutions, and individuals within and beyond the UCH Convention can be identified and play significant roles respectively in the international cooperation of UCH protection. Bibliography Bureau of Cultural Heritage. “Underwater Cultural Heritage Network”. Underwater Cultural Heritage Network. https://uch.boch.gov.tw/Eng/Sitemap (accessed Nov. 10, 2022). Gehring, Thomas, & Faude, Benjamin. “A theory of emerging order within institutional complexes: How competition among regulatory international institutions leads to institutional adaptation and division of labor.” The Review of International Organizations, 9 (2014), 471-498. Green, Jessica F., & Auld, Graeme. “Unbundling the Regime Complex: The Effects of Private Authority.” Transnational Environmental Law, 6:2 (2017), 259-284. International Criminal Court. “Policy on Cultural Heritage.” https://www.icc-cpi.int/sites/default/files/itemsDocuments/20210614-otp-policy-cultural-heritage-eng.pdf (accessed Dec. 20, 2022). International Criminal Police Organization. “The issues-cultural property.” https://www.interpol.int/Crimes/Cultural-heritage-crime/The-issues-cultural-property (accessed Jan. 3, 2023). --. “How we fight cultural heritage crime.” https://www.interpol.int/Crimes/Cultural-heritage-crime/How-we-fight-cultural-heritage-crime (accessed Jan. 3, 2023). International Seabed Authority. Report of the Secretary-General of the International Seabed Authority under article 166, paragraph 4, of the United Nations Convention on the Law of the Sea, ISBA/8/A/5 (5-16 August 2002). --. Regulation 8 and 34 of the ISA Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. Orsini, Amandine. “Multi-Forum Non-State Actors: Navigating the Regime Complexes for Forestry and Genetic Resources.” Global Environmental Politics, 13:3 (August 2013), 35-42. O’Keefe, Patrick. “Archaeology and human rights.” Public Archaeology, 1, (1999): 181-194. Raustiala, Kal, & Victor, David G. “The Regime Complex for Plant Genetic Resources.” International Organization 58 (2): 277–310. United Nations Educational, Scientific, and Cultural Organization. “UNESCO’s Culture Conventions are more important than ever.” https://whc.unesco.org/en/news/1562 (accessed Dec. 15, 2022). --. “Summary of the Second Meeting of the Chairpersons of the Committees of UNESCO Culture Convention (Paris, UNESCO Headquarters, 26 September 2016, 10:30-12:30).” https://whc.unesco.org/en/news/1562 (accessed Dec. 30, 2022). --. Res. 8/STAB 9, in UCH/18/9.STAB/10 adopted on 24 April 2018 in the Ninth Meeting of the Scientific and Technical Advisory Body of the Convention on the Protection of the Underwater Cultural Heritage. --. Res. 8/MSP6 in UCH/17/6.MSP/12REV, adopted in the Sixth Session of the Meeting of States Parties of the UNESCO Convention on the Protection of the Underwater Cultural Heritage 30-31 May 2017. --. “Strategy for Reinforcing UNESCO’s Action for the Protection of Culture and the Promotion of Cultural Pluralism in the Event of Armed Conflict.” https://en.unesco.org/heritage-at-risk/strategy-culture-armed-conflict (accessed Jan. 1, 2023). --. Res. 4/MSP7, in UCH/19/7.MSP/14, Seventh Session of the Meeting of States Parties to the Convention on the Protection of the Underwater Cultural Heritage, 20-21 June 2019. United Nations General Assembly. A/RES/55/25, adopted on 15 November 2000. United Nations Human Rights Council. A/HRC/RES/33/20, adopted on 30 September 2016. 7 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 26: General session Subject The topic of the resource Session 26 papers Description An account of the resource Papers presented at Session 26 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Non-State Party’s Experience Implementing the UCH Convention: Taiwan’s Perspective Description An account of the resource This paper pertains to Session 26 and aims to provide an account of regime complex concerning underwater cultural heritage protection beyond the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. The study involves some case studies, including Taiwan’s incorporation of the Convention, surveys of shipwrecks in Taiwan’s waters, and the author’s research findings. Given that Taiwan is not a State Party to the Convention, this investigation seeks to determine whether non-States Parties can engage in pragmatic collaborations with adjacent or other States to enhance UCH protection. The author proposes that a regime complex comprising different international regimes with overlapping objectives, anchored by the Convention as the core instrument and complemented by various international, regional, and bilateral instruments, mechanisms, and arrangements, could be employed to strengthen UCH protection in conjunction with the Convention. Moreover, diverse stakeholders, including States, international organizations, non-governmental organizations, multinational corporations, institutions, and individuals, may have a significant role to play in facilitating international cooperation to safeguard UCH. Creator An entity primarily responsible for making the resource Pei-Fu Wu Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Wu, Pei-Fu. 2023. “Non-Party State’s Experience Implementing the UCH Convention: Taiwan’s Perspective.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Elena Pérez Álvaro. Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL:https://apconf.omeka.net/exhibits/show/apconfproceedings/item/2004 Asia-Pac Session 26 2023 https://apconf-much.org/proceedings/files/original/f32ebf2048448829bf4a7d75c0d95d75.pdf 95f06d1b1a32a5a1f708c32d0530e9e0 PDF Text Text A Phenomenology of Oceanscapes: Aquatic Lifeworlds and Sustainability Dr. Anja Krieger (Independent Researcher) ABSTRACT This paper is included in ‘Session 3 Decade of Action, the call for Oceans’ Past to Bridge our Communities’ to address the encounter with experience and understanding of humans and their aquatic surroundings, i.e. the phenomenology of oceanscape. Defined as the human perception and experience of the ocean, this concept includes both tangible and intangible events and encounters. The notion of the sea as a blank, formless and featureless space has often been evoked in scholarly writings. Recently, however, researchers have made compelling arguments against this point of view by recognizing the materiality and temporality of the sea itself. Even though the ocean as a fluid space lacks the firm surface of the land, it is not without recognizable structures in various forms. After introducing and examining a theoretical framework for the phenomenology of oceanscape, and exploring the experience of encountering a vast body of water, this paper uses the analysis of (contemporary) human interactions with the ocean that are firmly rooted in the past to address sustainable concepts of human-ocean interaction in the present. The Haenyeo in South Korea and the Ama in Japan, both representatives of invaluable and intangible East Asian maritime heritage, exist in the space between past and present and between land and water. Based on centuries-old tradition and knowledge, their present understanding of their maritime environment can contribute to a better understanding of social and mutual humanocean entanglements and thus contribute to ocean literacy as defined by UNESCO. Keywords: phenomenology, marine cultural heritage, sustainability, East Asia List of abbreviations IOC Intergovernmental Oceanographic Commission OL Ocean Literary TEK Traditional Ecological Knowledge INTRODUCTION In this paper, it is argued that ocean literacy and sustainability efforts require an objective comprehension of traditional ecological knowledge (TEK), which is derived from past human experiences within aquatic lifeworlds and oceanscapes. Such knowledge serves as a basic building block and should be considered for a successful sustainable future. By examining how individuals and cultures perceive and interact with the ocean as a vital component of their lifeworld, and recognizing it as an integral part of their past, present and future, one gains insight into the ocean’s role in socio-cultural, political, and economic transformations. This in turn prompts the development of crucial strategies for conserving it. Several studies have explored the role of fisheries in the socio-cultural fabric of coastal towns, highlighting their significance for communities facing new policies, environmental shifts, and other challenges (see, for example Lim, Ito, and Matsuda 2012; Khakzad and Griffith 2016; Axon 2019; Chisholm Hatfield and Song 2019; Henderson et al. 2019). I contend that these individuals or groups should be included in discussions alongside national governments, local coastal communities, and business and private sector stakeholders, rather than being limited to sustainable tourism and educational initiatives. The world’s oceans influence the climate, the weather, food consumption and the circulation of goods. Yet, this important part of human lives is under dire threat. Coastal zones especially are rapidly deteriorating as a result of changing environmental conditions, human development and climate change (IOC/UNESCO 2011). Recognizing this, UNESCO has proclaimed a Decade of Ocean Science for sustainable development (2021–2030) aiming to reverse the decline in ocean health and promote sustainability. UNESCO’s Intergovernmental Oceanographic Commission (IOC) developed a roadmap, outlining preliminary objectives and identifying stakeholders. Initially, maritime/marine archaeology and underwater cultural heritage did not feature in the implementation plan. Thanks to a concentrated effort led by the National 1 �Museum of Denmark, cultural heritage and marine archaeology were recognized as essential to Ocean Decade’s goals. Understanding an ocean’s past and the past and present lifeworlds of coastal communities contributes invaluable knowledge to sustainability efforts and resilience building (UNESCO 2019; Trakadas et al. 2019). However, all efforts to implement long-lasting changes in coastal areas concerning sustainability must take a bottom-up approach and take human geographies and specific local conditions into consideration as top-down approaches risk marginalizing local communities and are more prone to failure (Axon 2019; Henderson et al. 2021). To help promote sustainability efforts and to include local stakeholders, UNESCO makes use of the promotion of ocean literacy (OL). OL was developed over the past two decades, gaining significant traction among marine biologists and environmental educators before becoming a prominent factor in the Ocean Decade (Worm et al. 2021). The term is defined as ‘the understanding of human influence on the ocean and the ocean’s influence on people’ (IOC/UNESCO 2020, 23). OL is meant to enable and scale up actions in all sectors of society regarding ocean sustainability and identifies four priority areas: policy formulation, formal education, corporate action, and community engagement. The IOC/UNESCO implementation plan mentions specifically aquariums, zoo and museum operators, the education of children and the general public as groups and areas of interest but makes no mention of ocean literacy in paragraphs addressing national governments, local coastal communities, and business and private sector stakeholders, even though holders of local and indigenous knowledge are later mentioned as essential partners (IOC/UNESCO 2020). This seems at odds with Goals 12, 13 and 14 of SDG 14: sustainable consumption and production patterns, the pressing requirement to combat climate change and conservation and sustainable use of the oceans (Santoro et al. 2017), neither of which can be implemented successfully without involving coastal communities, businesses and governments. It is equally concerning that it is seldom mentioned that the term ‘literacy’ denotes as much scientific knowledge and educationally acquired knowledge as TEK. OL needs to include diverse perspectives of human interaction with the ocean and must be tailored to regional cultural contexts (Worm et al. 2021). A Phenomenology of Oceanscape The concept of phenomenology, employed as a tool to describe the character of human experience and the encounter between humans and their surroundings, was originally introduced as part of landscape studies (Johnson 2012) featuring an immersive bodily approach (Tilley 1994; Thomas 2006; Johnson 2012; Tilley 2012) and understands ‘landscape’ as a social construct or context for social actions rather than as solely physical or geographical (Gosden and Head 1994; Darville 1999; Knapp and Ashmore 1999; Ingold 2000; Ashmore 2004; Ingold and Vergunst 2018). Phenomenology means in its basic definition the human encounter with and the experience and understanding of one’s surroundings. The experience relies on context: one needs to be able to transform something that happened or something one’s senses tell one into something that becomes recognizable or memorable. Therefore, the maritime experience is rooted within the ocean itself and needs to be analysed and interpreted within that context. Marine exploitation conducted using ships, boats, nets and fishing lines is likely to yield different experiences than harvesting by diving where the body serves as the means of production. Experience includes both tangible and intangible encounters and events. Some can be traced through the materials employed, whereas others cannot be directly traced, like tacit knowledge regarding good fishing grounds, safe diving techniques, oral traditions, myths and beliefs. Thus, to be able to understand experiences with the oceans, one has to make use of an array of sources. The two case studies discussed in this article primarily utilise information obtained through ethnographic surveys using participation-observation and interviews, that address local traditions, both past and present experiences, maritime heritage and concerns for the future (Hong and Rahn 1967; Kato 2007, 2009, 2019; Lim, Ito, and Matsuda 2012; Chisholm Hatfield and Song 2019; Song 2020). 2 �Phenomenological studies in archaeology have been met with critiques of subjectivity (Thomas 2006), similar arguments can be made for anthropology or ethnography. The same landscape can be seen in multiple ways through the lens of a variety of people. However, by embedding interpretations into a framework of external references and by establishing a firm context in which interpretations happen, subjectivity can be kept at a manageable level. Phenomenology as a method of examining past and present experiences with the ocean can be enhanced by combining it with other theoretical approaches. The origins of phenomenological studies in landscape studies have resulted in a primarily terrestrial perspective, which has marginalised the ocean, viewing it only as a backdrop or boundary to land, rather than recognizing it as a space in its own right (Farr 2006). A common theoretical approach to study aquatic lifeworlds is the seascape, although the definition of what that term means can vary. Westerdahl and Cooney put emphasis on the relationship between land and sea while Ford sees the sea in its own right (Cooney 2003; Ford 2011; Westerdahl 2011). The author defines a seascape as a middle ground between land and water, viewable as connected and existing independently. As the two case studies presented here are located in the Pacific and in line with the focus on oceans promoted in the Ocean Decade, ‘seascape’ will be replaced by ‘oceanscape’ henceforth. However, although phenomenology proves useful for analysing human experiences with their aquatic lifeworlds, adjustments need to be made. Unlike landscapes, the sea neither yields material remains on its surface nor is it easily explored through a researcher’s body (Berg 2007). Oftentimes, the ocean has been called a blank, formless or featureless space in scholarly writings and the research of seascapes has been marginalised in academic discourses (Wigen 2007). Recently, however, compelling arguments have been made to recognise the materiality and temporality of the sea. Individuals and cultures understand and experience the ocean as a space that has character and agency and even a personality by itself (Anderson and Peters 2014; Steinberg and Peters 2015; Peters and Steinberg 2019; Campbell 2020). To an experienced sailor, the surface of the ocean becomes readable through wave patterns, for example, and changes in colour can indicate reefs, shallows or sudden depths (Lewis 1971; Riesenberg 1972). This indicates a much-needed shift towards the ocean as the centre of human geography instead of placing it at the margin and a strong recognition that the ocean is its own world with embodied human experience. The longstanding binary between land and sea needs to be overcome. Instead, one should focus on fluidity, both in terms of the materiality of the ocean and its definition as a space (Anderson and Peters 2014; Peters and Steinberg 2019) while being cautious of going too far and trying to label everything as ocean or ocean-adjacent (Anderson 2019). CASE STUDIES: AQUATIC LIFEWORLDS AND SUSTAINABILITY Diving women have a long tradition on the shores of the Korean Peninsula and the Japanese Archipelago. Archaeological remains indicate that the practice began in the 4th Century. These women practise freediving. Two different approaches are used, unassisted (cachido) and assisted (funado) dives, the former usually dives to a depth between 4 to 6 metres and the latter to a depth between 7 and 15 metres. The Ama of Japan The term ‘Ama’ was first used in the 12th Century to describe a fisherperson. Initially, the term was used for both men and women, but over the years the term became primarily associated with female divers. According to a survey in 1989, the largest number of Ama or found in Chiba, Mie, Nagasaki and Iwate prefectures. They dive for seaweeds, shellfish, urchin, lobster, oyster, octopus and abalone, the latter being the preferred catch. Over the past decades, several surveys have been conducted amidst groups of Ama (see, for example, Maraini 1962; Hong and Rahn 1967; Martinez 2004; Kato 2007, 2009, 2019; Lim, Ito, and 3 �Matsuda 2012). Lim, Ito and Matsuda, for example, conducted a study among the Ama of Yahataura village of Ashibe Town, Iki City, Nagasaki prefecture, using participant observation, focus group discussion and interviews. During their study, with data collection in 2008, the authors found that most Amas were in the age bracket between 50 and 60, and numbers were projected to decline over the coming years. This is a steady trend that began decades ago. In 2004, there were 54 Ama in Yahataura (Lim, Ito, and Matsuda 2012) compared to 120 in 1972 with ages ranging from 17 to 65 (Sato 1973). They identify three main factors that contribute to the issues Ama has to face in the present: dwindling resources, risks and health hazards due to increased pollution, and the marginalisation of women in the fishing industries. The Ama in Yahataura made the conscious decision not to wear wetsuits, the reduced diving time is meant to counter the dangers of overharvesting resources and the fishing season for abalone, turban shells and sea urchin has been shortened (Sato 1973; Lim, Ito, and Matsuda 2012). The adoption of scuba gear could drastically increase their harvest but would threaten the environment in the long-term. Some villages in Japan have outlawed the use of wetsuits to prevent overharvesting for that reason (Hong and Rahn 1967). The Ama possesses an acute sense of ethics: what they fear most is uncontrolled harvest, not any dangers from the ocean, which explains the initial resistance to new diving equipment (Kato 2007, 2009). More pressing, however, is the fact that the Ama are not involved in the structural organisation of the Fisheries Cooperative Association (FCA) which regulates access and control to fishery resources, and therefore have no say in the administrative and managerial decision-making process (Lim, Ito, and Matsuda 2012). The effort to have Ama divers included in UNESCO’s intangible cultural heritage list is ongoing, a first step towards reaching this goal was the registration as an Important Intangible Folk Cultural Property within Japan. Their coexistence with the ocean through sustainable fishing makes them an important part of ocean heritage as a whole. Their deep awareness of the marine ecosystems they rely on, leads them to responsible and sustainable harvesting and they are important members of the coastal communities they live in. The hope is that by recognising their importance to the nation or even worldwide, the profession becomes revived and their knowledge will continue to ensure sustainable harvesting of marine resources (Ishihara 2017). Traditional practice of women divers has become a popular tourist attraction in recent years. However, the real power of the Ama lies in their knowledge, most of it tacit. Ethnographic fieldwork between 2015 and 2017 in Toba, Mie Prefecture; Minami-cho (Abu, Izari), Tokushima Prefecture; Iki Island in Nagasaki, Kuji in Iwate, and Chikura in Chiba Prefecture to elicit oral histories of Ama, showed that among the study participants, many were involved in tourism activities, where they would offer Ama cuisine and cultural experiences combined with storytelling, centred around the Ama hut, or offer an Ama experience including diving and harvesting shells. However, stereotypical images prevail and Ama sometimes gets idealised or is placed in a ‘fixed tourist scape of romanticised heritage’ (Kato 2019, 949). The Haenyeo of South Korea The Haenyeo of South Korea has been part of UNESCO’s List of Intangible Cultural Heritage since 2016. Haenyeo fisheries on Jeju are dispersed over 102 fishing villages and geographically cover fishing grounds within a distance of 1.5 kilometres (km) from the coastline and a depth of seven meters (m) at low tide. As of 2017 they produced 90 per cent of all shellfish exported from the island, thus being a driving force of the local economy (Song 2020). The Haenyeo face comparable challenges to the Ama. Their numbers have decreased from 14,000 in the 1970s to 4,500 in 2015. Women are hesitant to pursue the line of work of their foremothers due to its great physical strain. In the 1970s, the government initiated funding for wetsuits in order to alleviate the cold and enhance the diving time to boost harvests. Despite this, according to one Haenyeo’s assessment, their culture could disappear within approximately thirty years (Mundy 2015). The TEK of the Haenyeo is connected to changes regarding climate change and island culture. It is based on a lengthy oral history transmitted over generations. Haenyeo can be seen as stewards of seascapes and landscapes. A field study by Chisholm Hatfield and Song conducted on Cheongsando, Yeosodo, Jeju, Saengildo, and Udo showed the importance 4 �of Haenyeo in regard to sustainability efforts. The Haenyeo are a source of information about environmental issues, having developed an acute sense for change. The resources they harvest, shellfish, seaweed and abalone, for example, are steadily declining. The Haenyeo react by implementing countermeasures such as planning sustainable harvest collections, reseeding ocean resources or moving to other islands. Their diving techniques are non-intrusive and, similar to the Ama, they adhere to strict guidelines to ensure this remains the case, even with the use of wetsuits. They understand precisely what is at stake, therefore upholding their tradition and history in the present and future. However, their environmental knowledge is not as highly appreciated as their economic impact or role in tourism. (Chisholm Hatfield and Hong 2019). Their knowledge of the harvesting season was developed through observation with the goal of keeping marine biodiversity alive. The system they developed over time is made sustainable by adhering to specific harvest seasons and size restrictions for shellfish, designation of fishing grounds and ensuring ecological and social stability but these factors need to be maintained continuously to ensure smooth running in the future. Local policies on conserving and managing the ocean cannot succeed without taking their expertise into consideration (Song 2020). DISCUSSION AND CONCLUSION Both Ama and Haenyeo are endangered groups of people due to various factors. Despite recognising them as bearers of intangible maritime cultural heritage and indispensable parts of oceanscape, much work still needs to be done. Other than trying to bolster the numbers through social measures, they need support to grapple with external factors that they have no means of controlling. The consequences of pollution and climate change, erosion due to coastal development, and marginalisation are all factors that can and need to be amended if Ocean Decade’s sustainability goals want to be reached. The relationship between human and nature becomes sustainable when it is reciprocal, whether that means a practical, symbolic or conceptual relationship. Connectivity with the natural world is sensory, and grounded in everyday experiences (Kato 2007, 2009). These women have a trove of experience in dealing with the oceanscape in a sustainable way and they prove it every day. They feel the waters with their bodies, they subject their livelihood, their beliefs, their past, present and future to the ocean and have proven throughout their long history that they are ocean literate in the literal sense. The oceanscape allows people to help recognise their place in relation to the surrounding environment, caring for it and being cared for in return. The Ama and Haenyeo, despite being recognised as living intangible heritage, live in a present that is under threat due to dwindling numbers, pollution, and social and economic issues. These issues are not limited to their local coastscape nor caused by their communities. They are embedded within the larger context of the global oceanic environment. Their vital role should not be seen only or mostly as a heritage preserved through museums or as part of tourism and education efforts, but they need to be actively involved in all discussions together with stakeholders from policy and business and private sectors. They immerse their body in the ocean every day multiple times, their lives tied to it in many ways and adhering to a strictly sustainable harvesting cycle of their own volition. Their long history grants them the necessary authority for successful long-term sustainability ventures. Moreover, their focus on maintaining the ocean instead of exploiting it has been demonstrated time and time again. Bibliography Anderson, Jon and Kimberley Peters, “ ‘A Perfect and Absolute Blank’: Human Geographies of Water Worlds.” In Water worlds: human geographies of the ocean, edited by Jon Anderson and Kimberley Peters, 3–19. Farnham: Ashgate, 2014. 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Riesenberg, Saul. “The Organisation of Navigational Knowledge on Puluwat”. The Journal of the Polynesian Society 81, no. 1 (1972): 19–56. Santoro, Francesca, Santin Selvaggia, Gail Scowcroft, Geraldine Fauville, and Peter Tuddenham. Ocean Literacy for All - a toolkit. IOC Manuals and Guides 80. Venice: IOC/UNESCO, 2017. Sato, Haruhiko. 1973. “Local Ama divers”. Journal of Human Ergology 2, no. 1 (1973): 92–93. Song, Won-Seob. “Sustainability of the Jeju Haenyeo Fisheries System in the Context of Globally Important Agricultural Heritage System (GIAHS)”. Sustainability 12, no. 9 (2020): 3512. Steinberg, Philip and Kimberley Peters. “Wet Ontologies, Fluid Spaces: Giving Depth to Volume through Ocean Thinking. Environment and Planning D: Society and Space 33, no. 2 (2015): 247–64. Thomas, Julian. “Phenomenology and Material Culture”. In Handbook of Material Culture, edited by Chris Tilley, Webb Keane, Susanne Küchler, Mike Rowlands and Patricia Spyer, 43–59. London: Sage Publications, 2006. Tilley, Chris. A Phenomenology of Landscape. Places, Paths, and Monuments. Oxford: Berg Publishers, 1994. Tilley, Chris. “Walking the Past in the Present”. In Landscapes beyond Land. Routes, Aesthetics, Narratives, edited by Arnar Arnarson, Nicolas Ellison, Jo Vergunst and Andrew Whitehouse, 15–32. New York: Berghahn Books, 2012. Trakadas, Athena, Anthony Firth, David Gregory, Dolores Elkin, Ulrike Guerin, Jon Henderson, Jun Kimura, Della Scott-Ireton, Yvonne Shashoua, Chris Underwood, and Andrew Viduka. “The Ocean Decade Heritage Network: Integrating Cultural Heritage Within the UN Decade of Ocean Science 2021–2030.” Journal of Maritime Archaeology 14, no. 2 (2019): 153–65. UNESCO. Summary Report of the First Global Planning Meeting: UN Decade of Ocean Science for Sustainable Development, 13-15 May 2019. Decade Reports and Documents No. 4. Copenhagen: National Museum, 2019. Westerdahl, Christer. “The Maritime Cultural Landscape”. In The Oxford Handbook of Maritime Archaeology, edited by Alexis Catsambis, Ben Ford and Donny Hamilton, 734-63. Oxford: Oxford University Press, 2011. Wigen, Kären. “Introduction”. In Seascapes: Maritime Histories, Littoral Cultures, and Transoceanic Exchanges, edited by Jerry H. Bentley, Renate Bridenthal and Kären Wigen, 1–18. Honolulu: University of Hawai’i Press, 2007. Worm, Boris, Carla Elliff, Juliana Graca Fonseca, Fiona R. Gell, Catarina Serra-Goncalves, Noelle K. Helder, Kieran Murray, Hoyt Peckham, Lucija Prelovec, and Kerry Sink. “Making Ocean Literacy Inclusive and Accessible”. Ethics in Science and Environmental Politics 21 (2021): 1–9. 7 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Phenomenology of Oceanscapes: Aquatic Lifeworlds and Sustainability Description An account of the resource This paper is included in ‘Session 3 Decade of Action, the call for Oceans’ Past to Bridge our Communities’ to address the encounter with experience and understanding of humans and their aquatic surroundings, i.e. the phenomenology of oceanscape. Defined as the human perception and experience of the ocean, this concept includes both tangible and intangible events and encounters. The notion of the sea as a blank, formless and featureless space has often been evoked in scholarly writings. Recently, however, researchers have made compelling arguments against this point of view by recognizing the materiality and temporality of the sea itself. Even though the ocean as a fluid space lacks the firm surface of the land, it is not without recognizable structures in various forms. After introducing and examining a theoretical framework for the phenomenology of oceanscape, and exploring the experience of encountering a vast body of water, this paper uses the analysis of (contemporary) human interactions with the ocean that are firmly rooted in the past to address sustainable concepts of human-ocean interaction in the present. The Haenyeo in South Korea and the Ama in Japan, both representatives of invaluable and intangible East Asian maritime heritage, exist in the space between past and present and between land and water. Based on centuries-old tradition and knowledge, their present understanding of their maritime environment can contribute to a better understanding of social and mutual humanocean entanglements and thus contribute to ocean literacy as defined by UNESCO. Creator An entity primarily responsible for making the resource Dr. Anja Krieger Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Krieger, Anja. 2023. “A Phenomenology of Oceanscape: Aquatic Lifeworlds and Sustainability.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Abhirada Komoot. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1932 Asia-Pac Session 3 2023 https://apconf-much.org/proceedings/files/original/63eed824b673905d1e6f6fb836f2c648.pdf 7fc0398d66b99782894d971892131a3d PDF Text Text A Place to Learn: the Underwater Cultural Heritage in American Samoa Dr. Hans Van Tilburg1 Abstract The five inhabited islands (Tutuila, Aunu’u, Ofu, Olosega, and Ta’u) and two distant coral atolls (Swains Atoll and Rose Atoll) of American Samoa have a diverse maritime past. Consequently, maritime heritage properties reflect different aspects of history in Samoa, such as historic shipwrecks, World War II naval aircraft, fortifications and coastal pillboxes, and archaeological sites associated with the ancient past. Importantly, specific coastal and marine locations, geological features usually categorized as “natural,” clearly have cultural significance in Samoa, being familiar “landmarks” of legend and myth, critical to maintaining cultural identity. This is challenging to the familiar management emphasis solely on historic properties. The National Oceanic and Atmospheric Administration’s (NOAA’s) Office of National Marine Sanctuaries (ONMS) seeks to discover, assess, and protect significant maritime heritage resources throughout its 14 sites, and assist partner programs and agencies in the general preservation of the underwater cultural heritage (UCH). NOAA has completed a document-based inventory for American Samoa and will propose field surveys for specific locations in the future as part of its overall effort to better understand and preserve special resources. The Sanctuary System’s Maritime Heritage Program supports work in the Pacific, and has the ability to offer Nautical Archaeology Society (NAS) courses in maritime archaeology surveying techniques. Encouraging collaborative training opportunities, and better understanding the diversity of the UCH in the Pacific region, are two important ways to increase capacity in this field. Introduction The Pacific Island region (henceforth referred to as the Pacific), within the world’s largest ocean, is one of the last areas for the introduction of the field of maritime heritage preservation. As such, the region presents many opportunities and obstacles to the discovery and preservation of underwater cultural heritage (UCH) resources. Locations are remote, equipment and platforms used for UCH survey are rare, and in many places deep ocean (no continental shelf) lies adjacent to high-energy coral reef environments. Furthermore, warm waters promote the Teredo navalis or shipworm, and deterioration of wooden remains is high. Though beyond these difficulties lies a more interesting challenge to what has become, more often than not, strictly historical shipwreck archaeology. Not everyone places equal value on the material fabric of the wreck itself. For example, the shell of post-western contact is sometimes the marker of traumatic social experience. Of course, cultural contact and the advent of resource exploitation, colonization, and militarization (World War II) have shaped the region in many ways and these forces have left their indelible stamp on the sea floor. But for indigenous cultures who have resided in these islands for millennia, intimately connected to the sea, there may be a deeper meaning to the UCH. It may be time to reexamine some of our definitions of cultural heritage resources 1 Maritime Heritage Program, NOAA Office of National Marine Sanctuaries �in the Pacific, to adapt to and learn from the people of American Samoa themselves. Figure 1: Map of the seven main islands of American Samoa (courtesy NOAA ONMS). American Samoa and the Palagi American Samoa is located about two-thirds of the way between Hawai`i and Aoteroa (New Zealand). It consists of five inhabited volcanic islands with rugged peaks (Tutuila, Aunu’u, Ofu, Olosega, and Ta’u), and two more distant coral atolls (Swain’s Island and Rose Atoll). The Samoan people are descendants of the original Polynesian voyagers. These people were skilled Pacific navigators who arrived in the islands sometime between 3,000-3,500 years ago (Howe et al 1994: 10). The construction of open-ocean voyaging canoes and the knowledge of non-instrument navigation as well as the ability to sustainably exploit near shore and deep water marine resources, can only be understood today as impressive advancements in seafaring and marine resource management. Many scholars now interpret the colonization of the islands of the Pacific as the last and greatest of human migrations, one that demanded an entirely new technology and way of life (Howe 2006: 21). Dutch captain Jacob Roggeveen is credited with the western “discovery” of the Samoan Islands in 1722. This was followed by Bougainville in 1768, the London Missionary Society in 1830, German trading firms in 1857, and Robert Louis Stevenson in 1894. In 1899 the Samoan Tripartite Convention divided the islands between Germany and the United States of America (U.S.). Between 1900 and 1950 American Samoa was administered by the U.S.’s Department of �the Navy. Pago Pago, on the island of Tutuila, was recognized early on as one of the best natural deepwater harbors in the South Pacific. Today the islands are an unincorporated territory of the U.S.. Palagi or Papalagi (pronounced paalangi or papalangi) is the Samoan word for foreigners, particularly European white foreigners. The word may have derived from a combination of “pa” (breaker) or “papa” (flat board) and “lagi” (sky or heaven), referring to the “sky breakers,” or perhaps to the tall wooden masts of western ships (Milner 2003: 140). It has since been adopted by other cultures in the Pacific. The entire post-western contact or Palagi period represents about 10% of American Samoa’s long history. The Slowly Emerging Inventory Many archaeologists and preservationists at this 2011 meeting of the Asia-Pacific Regional Conference on Underwater Cultural Heritage will be familiar with the logistical challenges of conducting maritime archaeology in the remote Pacific islands. Locations are distant, facilities and equipment scarce, training opportunities rare to non-existent. Nonetheless, the UCH in specific areas is being considered. In 1986 the NOAA’s ONMS established a sanctuary at Fagatele Bay, American Samoa. The sanctuary system’s mission is “to serve as the trustee for the nation's system of marine protected areas, to conserve, protect, and enhance their biodiversity, ecological integrity and cultural legacy.” (NOAA National Marine Sanctuary site http://sanctuaries.noaa.gov/about/welcome.html) In June 2007 sanctuary system staff completed an initial maritime heritage resource document-based inventory for American Samoa (Van Tilburg 2007). Maritime heritage resources, similar to the UCH, consist of cultural, archaeological, and historical properties associated with these marine areas. Fagatele Bay sanctuary, on the island of Tutuila, is considering the expansion of its heritage resource efforts. Within American Samoa sanctuary management plans are developed with the input of local villages and community members and reflect the need for greater stewardship of coastal and marine resources. Historic Shipwrecks According to the available sources 39 ships are known to have gone missing in American Samoan waters. Potentially ten of these vessels, which are dated to the 19th to early 20th century, are of greater historical or archaeological interest. The brig Phoebe went ashore at Tutuila in 1828. It was sailed by Australian convicts via Huahine in French Polynesia. The whaler Metacom, named for the chief who led a war against the Puritan settlers in New England, was lost in 1860. The destroyer USS O’Brien was torpedoed during WWII, and the tanker USS Chehalis burned and sank in Pago Pago harbor. The more contemporary ship losses represent a collection of modern longline fishing vessels. These potential sites may link the islands of American Samoa to British colonization efforts in the Pacific, to whaling heritage, and to naval activities in World War II. Except for the USS Chehalis in Pago Pago, none of these wrecks have been located. �Figure 2: Multibeam image of the USS Chehalis sunk in Pago Pago harbor (courtesy NOAA Coral Reef Ecosystem Investigation). Historic Aircraft During world War II, the U.S. naval air station on the island of Tutuila supported up to 60 fighter aircraft and 12 long range bombers at any one time. As a consequence of intensive training and patrols 43 naval aircraft are reported as having ditched or crashed into American Samoan waters between 1942 and 1944, principally in the vicinity of Tutuila. Some of these sites may be war graves; all remain property of the U.S. government and fall under the protection of the Sunken Military Craft Act of 2004. None have been located though local divers report possible plane debris near Pola Island, Tutuila. The waters around Tutuila also possess one of the most famous commercial aircraft crashes in Pacific history. On January 12th 1939 Captain Edwin C. Musick, along with his crew, suffered a fatal explosion and crashed into the ocean northwest of Tutuila. Musick had inaugurated the Panamerican Flying Clipper service in the Pacific, the first trans-oceanic air link in the region. Surface search efforts were conducted by the USS Avocet for the Sikorsky-42B “Samoan Clipper,” but only traces of debris were ever found. Coastal Fortifications The remnants of numerous concrete pillboxes along the shoreline, gun emplacements, bunkers, Tafuna and Leone air bases, the naval hospital, radar stations, radio stations, foundations are some of the more visible reminders of the World War II period in American Samoa. Joseph Kennedy, principal investigator with Archaeological Consultants of the Pacific Incorporated, recently completed a separate inventory of all World War II coastal defense structures on Tutuila Island, documenting 132 coastal sites, many being impacted by coastal erosion (Kennedy 2005). Some of these locations, such as the six-inch guns at Blunts Point along with their emplacements and ammunition lockers, have been designated as National Historic Landmarks. The pillbox sites, some built prior to the American declaration of war in December 1941, are associated with the U.S. Marines and with the local Fitafita (Samoan soldiers). The Samoan Marines were �the first ethnic brigade to be incorporated into the Marine Corps Reserves (Kennedy 2005: 90). The defense structures that dot the perimeter of Tutuila are a testimony to the military role of the islands during a pivotal period in the region’s history. Figure 3: Empty WWII pillbox near Alao village (courtesy NOAA ONMS). Fa`a-Samoa and the Underwater Cultural Heritage The broad cultural heritage of American Samoa has developed over the past 3,000 years. It emphasizes human connections to the sea and is reflected in Samoan traditions and lifestyles or fa’a-Samoa (the Samoan Way). Samoans try to observe traditional ways on a daily basis, perhaps more than in any other Polynesian culture. Fa`a-Samoa is therefore a very real and acknowledged perspective, one that is integral to relationships with the environment and with marine areas. Two specific types of cultural heritage resources reflect certain elements of these longstanding traditions and lifestyles: coastal archaeological sites, and specific marine and coastal locations associated with the legends and myths of Samoa. Archaeological Sites There are a wide variety of archaeological artifacts and sites in American Samoa related to the ancient past, such as star mounds, inland forts, raised roads, quarries, house foundations, and pig enclosures. Samoan archaeological artifacts and sites associated with the marine and coastal setting include: pottery, whet stones or grinding stones, petroglyphs, grinding holes in the reef shelf (also used as bait cups) known as foaga, lithic scatters (stone tool manufacture) of �sinkers and lures. Other marine sites may include stone fish weirs called pa, or piles of stones to attract fish, like atule (fish species) stones (Herdrich and Armstrong 2009: 14, 30). Some of these features are located on semi-emergent reef shelves, awash at high tide. In some instances sites such as coastal villages have been the subject of archaeological investigation and excavation. The potential for additional information from further study of marine and coastal archaeological sites in American Samoa remains high. These sites record critical information about the ancient past. Currently 21 sites are listed in the maritime inventory report (Van Tilburg 2007), but more research is needed. Field data from numerous surveys exists at the American Samoa Community College and the American Samoa Historic Preservation Office. Figure 4: Foaga or grinding holes in the reef at Fagatele Bay (courtesy NOAA ONMS). Legend and Folklore Sites There are a large number of legends and stories represented by prominent natural features or specific locations within the coastal and marine context. The Samoan word tupua refers to special rocks or formations which represent ancient humans. Specific locations underwater, such as fresh water springs or passages in the reef, can also be associated with ancient events, legends, or stories of tragic loss. From the resource management perspective traditional cultural properties (TCP) have partially been defined as locations associated with the traditional beliefs of a tribal or indigenous group about its origins, its cultural history, or the nature of the world (Parker and King 1998: 1). These “properties” are different from historic structures or artifacts. Should these types of UCH sites be included in a resource inventory? Considered as marine resources meriting �attention? Can they be defined by any of the same criteria or described by boundaries? One example is representative of many, the Dolphins of Fagasa: The boat came from the west and called at Fagasa for a rest. It was the boat of Li’ava’a, the king of Fiji, who was on a voyage with his daughter Sina…While they were in Fagasa, Li’ava’a asked Sina if she had filled her water bottles. The girl answered, “No.” So Li’ava’a sent her to draw water. The girl took the coconut bottles and went to the spring…When the Fijians were about to resume their journey, Li’ava’a asked whether Sina had returned. The crew answered that she was asleep…Li’ava’a ordered: “Raise the anchor and let us go.” When the canoe was far out in the sea, Li’ava’a suddenly said, “Awaken Sina…” but the girl was not to be found. Li’ava’a now knew that she had been left behind in Fagasa. Then Li’ava’a took hold of the paletua (a stick for the steersman to lean against) and beat the men. The crew cast themselves into the sea and begged Li’ava’a to spare their lives. He answered, “No, you shall die this very day.” Then he threw bananas at them. The crew said, “Li’ava’a, please command what we are to do.” Li’ava’a replied, “Be changed into dolphins and rise in Fagasa Bay every year.” When Sina had finished…she stood on the beach. She looked, but there was no boat. Only the mast could still be seen in the distance. Then the girl cried and one of her water bottles cracked. A spring bubbled up which exists to this day. It is called Tufu. Then the girl waded into the sea with the other coconut bottle. She stood on a rock in the sea. She waved her white fan, but no one saw her. The boat was too far away. She cried again and the other bottle cracked. A spring bubbled up from under the rock in the sea. Even at high tide its water is fresh to the present day… In Fagasa there still are two rocks known as “Sina’s Rock” and “Li’ava’a’s Rock.” And to this very day the dolphins appear every year in the Bay of Fagasa. (Herman 1955: 6-7) In a very pragmatic manner the features of the landscape and seascape themselves are visible touchstones of oral history, a cultural landscape of memory. For the people of American Samoa, “these sites are of extraordinary significance to Samoan culture. Compared to all of the archaeological and historic sites that the Historic Preservation Office (HPO) tries to protect, these sites are seen as the most significant to local residents.” (Volk et al 1992: 40) But is legend enough to be considered a significant underwater heritage site? Existing definitions lean towards locations of actual events, activities, or cultural observances. Public comments received by Fagatele Bay National Marine Sanctuary emphasized the need to consider Samoan legends as important sources of information, even for outreach and tourism in American Samoa. The Existing Standards and the Broader Cultural Landscape The U.S. federal preservation program relies upon the National Register of Historic Places to define criteria which measure site and resource significance (National Park Service site http://www.nps.gov/nr/). Cultural heritage sites are initially assessed by four criteria: A) associated with events contributing to the broad pattern of our history; B) associated with the lives of persons significant to our history; C) embody a distinctive characteristic or type; and D) have yielded or may be likely to yield important historic or prehistoric information (Hutt et al 2004: 9-10). These standards are well-established and widely acknowledged in the �cultural resource management community but admittedly they only work well for certain types of properties and have been less successful in including living cultures and associated sites or resources. NOAA’s National Marine Protected Areas (MPA) Center, through its cultural heritage resources working group, is currently considering a broad approach to cultural heritage resources within the national MPA system. This approach would maintain the standards and criteria of the National Register approach but add additional consideration for tribal and indigenous host culture perspectives, and human use areas. The current working group definition highlights “the broad array of stories, knowledge, people, places, structures, and objects, together with the associated environment, that contribute to the maintenance of cultural identity and/or reveal the historic and contemporary human interactions with an ecosystem.” (NOAA Marine Protected Areas Center 2011) This perspective allows for greater recognition of the interaction between cultural resources and the natural environment (ecosystem management). It is more suitable for understanding cultural landscapes, areas where human activity intersects with specific marine environments, resulting in distinctive cultural and ecological imprints. This cultural landscape approach may be useful in American Samoa. The importance placed on natural marine features in American Samoa speak directly to a mythic land and seascape and challenge the existing definitions of the U.S. National Register and the social scientific concepts that originated in the 1960s. Even more challenging to current heritage preservation practices, many tribal and indigenous groups recognize certain marine species (such as turtles, sharks, or whales) as cultural resources. This identification of the cultural aspects of natural resources emphasizes the critical relationship between humans and these species over millennia. Most tribes and indigenous cultures have legally recognized and/or inherent authority to designate areas of cultural importance to their people. In most cases these authorities will not extend beyond their own members. However, designation of culturally important heritage sites and resources by native peoples, whom should be recognized by others as relaying their importance of those areas and species, should be a vital component of understanding the richness of the maritime heritage of what is now the United States and its territories. American Samoa, UCH, and Climate Change Like natural resources, UCH resources may also be affected by climatic change. Such effects may differ in magnitude when compared to climate impacts on large-scale natural ecosystems but depending on the location and character of the resource, significant damage to or complete loss of cultural properties can occur. Therefore, it is important to consider the possible impacts to these nonrenewable resources. The ONMS has initiated a “Climate Smart Sanctuary” effort, looking forward some 50 years at potential impacts that climate change may have on sanctuary resources (Cheng and Gaskin 2011). Fagatele Bay sanctuary in American Samoa is the first location to include cultural heritage resources as a part of these studies. �Since they are located in the high-energy coastal impact zone Samoan coastal archaeological sites and locations associated with myths and legends may be particularly vulnerable to climate change, such as an increase in shortterm events like tropical storms or tsunami. A survey of coastal archaeological sites and artifacts exposed by the September 2009 tsunami in American Samoa has recently been conducted. Fifty new lithic sites were exposed and damaged by the destructive waves, which reached over 17 meters in height at some locations (Addison et al 2010: 35). And the threat is not just to the cultural aspect of these resources but to our potential understanding of environment and climate itself. Archaeological sites often contain material crucial for understanding past climate regimes. Furthermore, locations which help maintain family and village cultural identity may have great social importance in the face of climate-driven cultural change (Samoan Studies Institute 2009: 4). Training Opportunities The NAS is an avocational organization which provides resources and training in maritime archaeology to the public. The Society’s training and standards have been recognized at an international level. In May 2006 NOAA’s Maritime Heritage Program initiated its involvement with the NAS by co-sponsoring (with the U.S. National Park Service) an NAS course in Honolulu, Hawai`i. The following year eight of NOAA’s maritime heritage staff were certified as official NAS course instructors. Since then the Maritime Heritage Program has provided an annual level 1-2 NAS public course in different U.S. city locations (Key West, Alpena, Seattle, Juneau, Anchorage). The course not only provides training in the technical aspects of site surveying but also introduces a whole new perspective on heritage resource preservation and the marine environment. Such a course might be suitable for American Samoa in the future. NOAA’s Maritime Heritage Program also has a long standing collaborative relationship with the University of Hawai`i’s Marine Option Program (MOP), which provides hands-on marine science experiences to undergraduates throughout the state. NOAA and University of Hawai`i’s MOP have together been providing annual field surveys. Its initiatives entail documenting the UCH in Hawai`i and training undergraduates in site surveying techniques through these “Maritime Archaeology Survey Techniques” (MAST) courses. The university has recently established a MOP presence at the American Samoa Community College. NOAA and University of Hawai`i staff are currently discussing ways in which these maritime heritage efforts might be expanded to American Samoa, potentially benefitting marine science students at the community college by providing a cultural heritage component. Localizing Stewardship True stewardship of marine resources, including the UCH, must begin at the local level. Learning more about the historic resources, the known shipwrecks and aircraft and coastal fortifications which are scattered throughout American Samoa, can raise local awareness of their inherent historical and archaeological values. Such sites can provide training opportunities for students in heritage �preservation and maritime archaeology. That being said, these Palagi resources still originate from only the most recent 10% of Samoan history. The existing interest in specific marine and coastal locations related to legend and folklore suggests that we reexamine our definitions of cultural heritage resources in the Pacific. The single most important lesson when considering the UCH in American Samoa is that the effort to discover and preserve these resources must adapt to and learn from the people of American Samoa themselves. Faafetai Bibliography Addison, D.; Filimoehala, C.W.; Quintus, S.J.; Sapienza, T., 2010 Cheng B.; Gaskin, E. (eds), 2011 Fagatele Bay NMS, 2011 Herdrich, D.J.; Armstrong, K., 2008 Herman, B. (trans.), 1955 Howe, K.R.; Kiste, R.C.; Lal, B.V. (eds)., 1994 Howe, K.R. (ed)., 2006 Hutt, S.; Blanco, C.M.; Stern, W.E.; Harris, S.N., 2004 Kennedy, J., 2005 Milner, G.B., 2003 National Park Service, 2011 “Damage to Archaeological Sites on Tutuila Island (American Samoa) Following the 29 September 2009 Tsunami,” in Rapa Nui Journal, Vol. 24, No. 1, pp. 34-44. Fagatele Bay National Marine Sanctuary Climate Change Site Scenario, Silver Spring, MD: National Oceanic and Atmospheric Administration. “Cultural Heritage and Community Engagement Action Plan,” July 29, 2011 unpublished draft. “Historic Fishing Methods in American Samoa,” report submitted to NOAA Pacific Islands Fisheries Science Center. Tales of Ancient Samoa, Pago Pago: The Book Shop Samoan Church. Tides of History: the Pacific Islands in the 20th Century, Honolulu: University of Hawai`i Press. Vaka Moana: Voyages of the Ancestors, Honolulu: University of Hawai`i Press. Cultural Property Law: a Practitioner’s Guide to the Management, Protection, and Preservation of Heritage Resources, Chicago: ABA Publishing. Results of an archaeological survey and archival research of WWII coastal defenses on Tutuila Island, American Samoa. Haleiwa, HI: Archaeological Consultants of the Pacific. Samoan Dictionary, Auckland: Pasifika Press. National Register of Historic Places http://www.nps.gov/nr/ accessed 6 September 2011. NOAA Marine Protected Areas Cultural Heritage Working Group White Paper,” Center, June 28, 2011 unpublished draft. �2011 NOAA National Marine Sanctuaries, 2011 Parker, P.L.; King, T.F., 1998 Samoan Studies Institute, 2009 Sunken Military Craft Act, 2004 Van Tilburg, H., 2007 Volk, R.D.; Knudsen P.A.; Kluge, K.D.; Herdrich, D.J., 1992 Mission Statement, http://sanctuaries.noaa.gov/about/welcome.html, accessed 6 September, 2011. National Register Bulletin #38: Guidelines for Evaluating and Documenting Traditional Cultural Properties, US Department of the Interior. Ua Tālā le Ta`ui (Untying the Bundles of Fine Mats), Pago Pago: American Samoa Community College. Public Law 108-375-OCT. 28, 2004 118 STAT. 2095 http://www.history.navy.mil/branches/org1212a.htm accessed 6 September 2011. “American Samoa Maritime Heritage Inventory,” Report submitted to NOAA Office of National Marine Sanctuaries. Towards a Territorial Conservation Strategy and the Establishment of a Conservation Area System for American Samoa, Pago Pago: Le Vaumatua Inc. � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Place to Learn: the Underwater Cultural Heritage in American Samoa Subject The topic of the resource Session 8 Pacific Islands region: Building UCH Capacity Description An account of the resource The five inhabited islands (Tutuila, Aunu’u, Ofu, Olosega, and Ta’u) and two distant coral atolls (Swains Atoll and Rose Atoll) of American Samoa have a diverse maritime past. Consequently, maritime heritage properties reflect different aspects of history in Samoa, such as historic shipwrecks, World War II naval aircraft, fortifications and coastal pillboxes, and archaeological sites associated with the ancient past. Importantly, specific coastal and marine locations, geological features usually categorized as “natural,” clearly have cultural significance in Samoa, being familiar “landmarks” of legend and myth, critical to maintaining cultural identity. This is challenging to the familiar management emphasis solely on historic properties. The National Oceanic and Atmospheric Administration’s (NOAA’s) Office of National Marine Sanctuaries (ONMS) seeks to discover, assess, and protect significant maritime heritage resources throughout its 14 sites, and assist partner programs and agencies in the general preservation of the underwater cultural heritage (UCH). NOAA has completed a document-based inventory for American Samoa and will propose field surveys for specific locations in the future as part of its overall effort to better understand and preserve special resources. The Sanctuary System’s Maritime Heritage Program supports work in the Pacific, and has the ability to offer Nautical Archaeology Society (NAS) courses in maritime archaeology surveying techniques. Encouraging collaborative training opportunities, and better understanding the diversity of the UCH in the Pacific region, are two important ways to increase capacity in this field. Creator An entity primarily responsible for making the resource Dr. Hans Van Tilburg Publisher An entity responsible for making the resource available The Inaugural Asia-Pacific Regional Conference on Underwater Cultural Heritage Electronic Publication by The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2011 Asia-Pac Session 8