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                    <text>The Stolen Memory: The Legal Crisis of the Hispanic Sunken Heritage in America
and its causes
José María Lancho
Legalventure, C/Sagasta nº 24, 6º D, Madrid, Spain
Email: Jml@josemarialancho.com
Abstract
The exam of the legal practice related to the Hispanic underwater heritage in the last 10
years in the United States shows that this has been the main resource of a mature
treasure hunter industry in that country; that this industry has developed a specific
discourse denying intrinsic cultural value to the Hispanic historical remains; and that this
discourse has had an influence over the juridical and administrative authorities in the
United States in such a way that legal, academic and media approaches to this
archaeological legacy show an inadvertent but significant discrimination against the
Hispanic Heritage -instead of Heritage of other cultural origins-, with the result that an
important record of American history has been reduced to a mere industry and a
resource for exploitation without requiring a minimal scientific counterpart, constituting
without doubt one of the most serious and consummate problems within the entire
historical record of the American history. In Hawaii in a recent court case, in which a
Spanish galleon appears to be involved, we face the problem of fitting the Hispanic
legacy in America in its legal and academic form, specifically because it brings into
question the fact that Captain James Cook became the first European to discover the
Hawaiian Islands, and makes manifest the extra historical relevance this assumption
still holds. In this paper we deal with legal, historical and social aspects of this issue.
Key words: Hispanic Heritage, shipwrecks, treasure-hunters, national and international
waters, legal approaches
Introduction
The history of the submerged Hispanic heritage in the United States is the story of a
stolen memory. In fact, it is of a memory that can still be robbed and one that has not
had the effective legal protection that it deserves, given the nature of the destruction
done and the irreversible loss of a common and valuable legacy. The scarcity of
academic and scientific debate that this destructive process has meant for the entire
historical registry of the history of the United States is surprising, especially when it
involves a country that is without a doubt the largest archaeological power in the world.
For every meter of marine depth that technology has conquered for mankind, thousands
of square miles of sea bottom have been made vulnerable and unknown areas opened
1

�up to underwater archaeological ransacking. Nevertheless, in the United States that
destruction has been selective. As a matter of fact, a close look into the legal and
administrative practice involved with commercial access to marine archaeological sites
in the U.S. evidences an unquestionable asymmetry in its treatment by virtue of its
cultural origins.
The above statement does not mean that the heritage stemming from other cultural
origins has not been subject to what we can only define as legal plundering, but that in
particular and foremost, the Hispanic cultural heritage –in spite of its special entity-has
been subjected to quite specific aggression supported by concrete supra-scientific
arguments, that have enjoyed scarce legal and judicial reaction in light of the dimension
of

such

destruction, which
we say has had a
numbing effect on
the

American

cultural

and

scientific
conscience as it
regards

the

disappearance of
said

legacy.

Unfortunately,
Admiralty
perspective

Law

Fig. 1 Abraham Ortelius 1570 map. With Los Bolcanes and La Farfana the first

and names applied to Hawaiian Islands. (Biblioteca Nacional de España)

new internal regulations have not served to discourage treasure-hunters, nor have they
provided homogenous rules to regulate activities directed at the underwater cultural
heritage. In spite of the debates that have existed between the various administrations
involved with marine sanctuaries, the different states and the U.S. National and
Oceanographic and Atmospheric Administration (NOAA), and the advances that have
undoubtedly taken place, the situation is such that underwater excavations by treasure-

2

�hunting companies continue to be carried out on shipwreck sites by means of simple
administrative permits that usually end up having no real scientific consequences (Fig.1).
Analysis of the judicial practice in the United States related to the Hispanic
sunken heritage in American waters
My concerns for the weak legal situation of the Hispanic historical heritage in the United
States made me undertake an analysis of the scope of this problem, and part of the
conclusions reached are included herein1. An attempt has been made to explain the
legal situation of the Spanish historical heritage in American waters as a “before and
after” issue after the U.S. Court of Appeals for the 4th Circuit, in its sentence dated 21st
July 2000 concerning the remains of the Spanish frigates “La Juno” and “La Galga”,
ruled in favor of the Kingdom of Spain sovereign immunity2. However, these statements
have not stopped additional jurisdictional activity, or even administrative authorizations,
from favoring the treasure hunters’ looting of Hispanic shipwrecks, whether warships or
any other kind. As a result,
the treasure-hunting industry has basically survived the last 20 years by ransacking the
underwater historical Spanish heritage in the United States. The district Courts reflected
a number of guidelines in their rulings, in all matters related to the adjudication of
archaeological sites that correspond to archaeological guarantees in the protocols
regarding access to the sites. Those guidelines are analyzed as follows:
Type of Legal Action Exercised
Action in rem exercising the finder’s rights and subsidiary right of salvage.
Preliminary Archaeological Design
In none of the cases did the treasure-hunting company provide a project design for the
activity on the site, nor contrasted prior information and background studies about the
shipwrecks.
Scientific Intervention Criteria
· Proposed criteria: None at the point of origin. Treasure-hunting companies have never
set forth any archaeological or research objectives. In all the claims and their related
extensions, there are no descriptions or proposals for specifically-determined
archaeological criteria, methodology or techniques. In some cases there have been
references made to matters of ecological, but not archaeological, impact.
3

�· Prior methodology or techniques required by the Courts: None. The Courts have not
identified or made any references to any internationally-accepted archaeological criteria.
· Archaeological monitoring and supervision established by the Courts: Not found in any
case. The Courts do not demand any site management or maintenance plans.
Scientific results of the excavations
As no archaeological project has been submitted, the Courts have never defined or
proposed any appropriate methods and working techniques.
· Dating and identification methods and on-site documentation: Unknown. Treasurehunting companies go out of their way to hide the shipwrecks’ identity-or delay
disclosing as much information as possible-, especially when of Spanish origin. In the
latter cases, there are no obstacles to obtain excavation rights. However, in 30% of the
cases, the companies stated they knew the identity of the wrecks.
As excavation often entails the destruction of the wrecks, on-site documentation needs
to be produced for any subsequent reconstruction.
· Historiographical analysis of the sunken remains: No scientific reporting. Only
occasionally and with a markedly commercial intent, a non-scientific publication is
produced and the name or identity of the sunken vessel furnished. However, no
requests are made to show proof of its identity.
· Other analysis made of the salvaged materials: None. There are no academic postfieldwork activities. No scientific data is obtained or added to site interventions that may
be associated with the application of any internationally-acceptable archaeological and
scientific methods.
· Guarantees of access and dissemination to the scientific community: None.
· Scientific results published: None. There has been no publication of any scientific
results, except for what could be considered commercial literature aimed at facilitating
the sale of the excavated remains.
These conclusions about the facts involved in the context of legal proceedings in the
21st century give us ample indications of what happened in the 20th century and the
enormous destruction that this industry has brought about.

4

�Norms and standards not applied to the sunken Hispanic archaeological heritage
There is a powerful paradox within the scope of archaeological protection. In the
meantime, United States Courts have been able to establish legal requirements, at least
in theory, granting rights over historical shipwreck sites. That has been the case of Klein
v. Unidentified Wrecked and Abandoned Sailing Vessel (11th Circuit, 1985), which
ruling established that the rescue of historical ships could not entail a greater risk than
to leave the remains on the seabed, and that any excavation should follow clear
archaeological criteria. Along those lines was the ruling in Cobb Coin Company, Inc. v.
Unidentified Wrecked, the only one of its kind regarding the Hispanic heritage, dealing
with the property rights over the historical objects obtained from a Spanish wreck. In
that case the court said: […] there can be no suggestion that federal admiralty
procedures sanction salvaging methods, which fail to safeguard items and the
invaluable archaeological information, associated with the artefacts salved”.
Notwithstanding these statements, in their practical application concerning the
underwater Spanish heritage we can arrive at the following conclusions without the
smallest margin of error:
1) The radical lack of application of any archaeological requirements on the part of
American jurisprudence with regards to excavation of historical shipwreck sites.
2) The non-observance of scientific standards, at least those enjoying minimal
recognition by the international community, and in particular the ones included in the
2001 UNESCO Convention.
The divergence in the American judicial practice concerning the submerged historical
patrimony of Hispanic origin has been radically contradictory not only with the
increasingly-consolidated archaeological principles in academic circles, but also of the
UNESCO itself. Despite this contradiction it is surprising that such divergence has not
been dealt with in American academic debates.
It is enough to point out the internationally-consolidated principle of giving preference to
the in situ conservation of the underwater patrimony, the first of the options that must be
considered prior to the intervention of a shipwreck site, according to Article 1
(fundamental principles) of the International Charter on the Protection and Management
of the Underwater Cultural Patrimony, as ratified by the 11th ICOMOS General
5

�Assembly (1996). That very same criteria is also set forth in Article 2.5 of the 2001
UNESCO Convention. That is, any manipulation or removal that has not been given
prior scientific consideration to its adoption in a subsidiary way to the in situ
preservation is in violation of internationally recognized archaeological criteria.
Notwithstanding, the Courts have allowed the archaeological debate over the access of
treasure-hunting companies to historical shipwreck sites. In the 2004 case of Great
Lakes Exploration Group LLC vs. Unidentified Wreck, the Western District Court of
Michigan (1:04-cv-00375), the court denied the treasure-hunting company its request for
excavation due to its lack of furnishing archaeological guarantees in it. In the matter of
Columbus America Discovery Group vs. Atlantic Mutual Insurance Company (974 F.
2nd 450, 468), the court concludes that the efforts made to protect the historical
element and archaeological value is a factor to ponder in determining the compensation
of a salvage operation. In that case the shipwreck was that of the S.S. Central America,
an American steamer sunk by a hurricane in 1857.
In yet another case, Marex International, Inc. v. The Unidentified, Wrecked and
Abandoned Vessel (4:96-cv-00194-JFN), the U.S. District Court for the Southern District
of Georgia in Savannah granted the exclusive rights on the wreck to Marex because the
company included the following elements in their methodology: compilation of a
historical register of the remains; divers involved had been trained in the use of
archaeological methods and employment of thorough excavation techniques; the use of
a laboratory with the capacity of preserving the salvaged artifacts; and the hiring of
experts to help evaluate and preserve the extracted remains. This matter involved the
S.S. North Carolina, an American ship.
However, despite the wisdom and intellectual acumen shown by the U.S. Courts in
establishing these requirements, when the law is applied to underwater sites of Hispanic
origin, for the most part those Courts not only fail to apply those laws directly, but they
do not demand nor verify any aspects concerning archaeological criteria. This
discrimination or “asymmetry” is even noticed nowadays in non-judicial administrations.
Of over a dozen sites that correspond to historical remains designated by the State of
Florida in the National Register of Historic Places, only two belong to Spanish sunken

6

�ships and are located in already-looted sites, even though dozens more are exploited
annually with the knowledge of the Florida authorities3 (Fig. 2).
Causes: The ideological element in carrying out the law
Once the objective element of the problem is exposed, the significant fact remains that
even the most benign aspects of U.S. norms are not applied in the case of sunken
heritage of Hispanic origin. We then examine the direct ideological causes of this
problem, which in a quantitative and qualitative way could be described as a cultural
genocide, as well as one of the greatest cultural disasters in the 20th and 21st centuries.
There is a generalized and highly-effective discourse throughout the treasure-hunting
industry with respect to the historical patrimony of Hispanic origin, which was expressed
as “The curse of the Black Legend” by the American reporter Tony Horwitz (2006) in
The New York Times.

Fig. 2 Joan Martines 1587 map. (Biblioteca Nacional de España)

Treasure-hunters avail themselves of a brief but efficient “ideological capsule” from both
the Courts and the academic world’s silent majority: the idea that the remains of
Hispanic shipwrecks were tainted by a certain moral deficiency that excluded them from
7

�being considered historical legacies. The end result is that treasure-hunters become the
executing arm of a sort of yellow historicism and retrospective pseudo-justice that
makes archaeological sites incompatible with any inherent historical and scientific value.
We all remember that during the negotiations of the Convention on the Protection of the
Underwater Cultural Heritage some illustrious members of the treasure-hunting family
had no qualms about wearing jewels and personal objects that had been plundered
from shipwrecked marine graveyards.
Even the official reports to the shareholders and third parties put out by companies like
Admiralty Holding Co. (published by the Securities and Exchange Commission in its 8-K
form dated 9th October 2006) carry statements of that kind: “The treasure stolen from
the New World was very important to the King of Spain and it actually sustained the
economy of Spain during the period that it was being taken to Spain”. We are dealing
with quite a generalized phenomenon, which uses the black legend to legitimize the
ransacking of historical underwater remains of Hispanic origins, which thereby negate
the true American historical and archaeological character, and even a moral or legal
nexus with the societies to which those archaeological remains belong. Without a doubt,
it is one of the most grievous cultural attacks that a develop society can perpetrate,
while bearing what is necessarily a de facto extinction of an entire historical register of
American history. Such attacks are similar to censure, book-burning or cultural
assimilationist practices of the 19th and 20th centuries.
“There’s a lot of blood on that gold”, someone in charge of Deep Blue told The
Associated Press as he announced the likely finding of “El Salvador”, whose value was
estimated to be $500 million. The scientific level and methodology that guides the
treasure-hunting companies is thus evidenced. This line of reasoning becomes the
redeeming force behind the precious metal that is the object of looting, while also
destroying the cultural element that stigmatizes it. This argument is proper of the Black
Legend and quite a handy one for ensuring the financial and legal survival of the
treasure-hunting industry. It is equally striking that a discourse based on the reality of a
cultural catastrophe could be so foreign to modern American society that has not been
able to come up with a reply, nor seen enough merit to spark an academic debate. But
what is even more striking is that such a level of discourse is allowed to caricaturize the
8

�history of Hispanic culture in North America, an essential part of the United States’ own
history, which has so effectively used the Black Legend to deny any cultural value to the
pillaged archaeological remains that were originally associated with the –mestizo, of
course-- Hispanic culture in America.
It is this same interchange of ideas that supports the criteria of the Sanctuary of the
Florida Keys, as Pat Clyne (a historic treasure-hunter and executive vice-president of
the Mel Fisher Maritime Heritage society), expressed when he said in a formal meeting
before the Sanctuary authorities: “It is amazing that the very people who seem so
sensitive of the gravesites of their ancestors, these very conquistadors who have…”.
The invocation of a supposed original illegitimacy in relation to the ships’ cargoes, the
previous contextual reference to the Indians’ suffering as a preliminary debate
surrounding the present ransacking activities is practically universal, co-substantial with
this emerging industry’s search for legitimacy. Likewise, it is a way of substituting any
archaeological, cultural value, or moral rights debate, with a nationalist mechanical
discourse. The urgent need for a new discourse is clear (Fig. 3).

History hunters and golden legends: a legal epilogue in Hawaii
Very recently, Kohala Coast Enterprises (KCE) petitioned the District Court for the
District of Hawaii4, to grant exclusive salvage rights for an archaeological site that the
company claims to have discovered on 23rd November 2011. The site corresponds to a
probable 16th or 17th century shipwreck of a Spanish vessel, within navigable waters
off the coast of the Island of Hawaii. The remains were found in an area which lies
within the Hawaiian Islands Humpback Whale National Marine Sanctuary, jointly
managed by the State of Hawaii and the United States, through the National Oceanic
and Atmospheric Administration (NOAA).
Despite the fact that the company asked the judge to keep the location of the site secret
and has also done its best to keep the cultural origin of the archaeological site under
wraps, after consulting with NOAA, this organization issued a document through Malia
Chow, the Sanctuary Superintendent of the Hawaiian Islands Humpback Whale
National Marine Sanctuary, that is one of the most singular and referable works that
9

�could open a whole new era when dealing with sunken heritage from Hispanic origins
that have been targeted by treasure hunters. Some of the aspects and principles listed
in that document include: archaeological preservation, the scientific objective of the
intervention, as well as cooperation and information with the country of origin. However,
the future problems faced by this possible discovery are much larger, as the scarce
repercussion this case is having in the media and academic circles demonstrate. No
doubt the history of the Pacific and its societies has suffered from the relentless
succession of Eurocentric historicisms. Here, I must refer to one of the latest: the AngloSaxonism as a golden legend. The origin and development of this ideology does not
come from long ago: Madison Grant (1916), John Robert Seeley (Bell 2005), Frank
Hankins (1926), Joseph Arthur Gobineau (1853)… All of them describe the necessary
nature of any golden legend: antagonism. This ideological element should not be
minimized when we talk about heritage and its preservation.
Conclusions
No doubt a thorough questioning of the image of Captain Cook as the first European to
set foot on the Islands of Hawaii may affect the historicist vision of that great navigator.
This ideological element exists and I think it is easy to prove it. It is not possible to find
in the English historiography the connection between: (1) the capture of the city of
Manila by the English in 1762, (2) the steal by the last British governor of Manila,
Alexander Dalrymple, of all the Spanish cartography in that city, i.e. more than two
centuries of navigation and cartographical documents in the Southern Seas, (3) the
conception, planning and documentation of Cook's voyages, significantly, by Dalrymple.
My modest contribution to this work is that of identifying Alexander Dalrymple as the
character that locates, works on, translates, classifies and summarizes the centuries of
Spanish cartography in Manila and conceives a project for a British Empire5 that is being
reborn from its ashes after the independence of its American colonies, and to single him
out as the person who hands this decisive material to Cook for his later discoveries.
British historians never linked the maps stolen from Manila to Cook's voyages. The lack
of reference to Dalrymple in British historiography is no accident: the theft of the maps,
the conception of an expedition that would allow reorienting the Imperial impulse
towards the Pacific and the replacement by Cook in the climax of that intellectual
10

�adventure. The Admiralty needed a hero, free of suspicion of espionage, a new man not
encumbered by intellectual debts to an enemy power that had to be replaced. The man
chosen to command the missions to the Austral continent and the Pacific islands is
Cook, a discrete, but talented Master of the royal Armada. At that moment he was not
even a lieutenant. Cartography, exploration, discoveries... the narration of history has
been, and still is, a tool for nationalisms, as the black and golden legends like that of
Lord Sandwich’s conceived how the history of Cook's voyages should be told.
Regardless of whether the ultimate goal is economic or political, it is interesting to
observe how both survive. Can an archaeological discovery question the iron-clad
axioms of the golden legend? Despite the communication from NOAA, the reach of the
possible above-mentioned discovery in Hawaii has gone unnoticed by the academic
world. As for the press, it will have to decide if it is willing to question the North
American identity, overrule Anglo-morphism as an ideology and challenge its own
identity. All this, as usually happens around the limits of knowledge, will be limited by
prejudice.
American waters have become a modern-day mythological River Lethe for a people and
a historical record, the common heritage of the North-American and Hispanic peoples.
There is a powerful and prevailing prejudice that affects the North-American scientific
community and keeps American laws and legal practice from guaranteeing that a
submerged archaeological site that corresponds to a shipwreck of Spanish origins may
enjoy the maximum legal guarantees and protection, in line with American laws. Let the
old verses of Homer serve as a warning to an American nation that accepts the sociallytainted fruit of the science of the forgotten: “Whoever tasted the soft sweetness of the
lotus fruit, no longer thought about exploration nor returning home…”.
Acknowledgements
The author takes this opportunity to gratefully acknowledge the assistance of Agustin
Rodriguez Gonzalez and Mrs. María Cruz Berrocal for their invaluable help and
guidance.
Table of cases
· Grumpy v. Unidentified Vessel, United States District Court for the Eastern District of
Louisiana, 93-CV-26210H.
11

�· BDJ Discovery Group v. Shipwrecked Vessel Filed: September 23th, 2005 as
4:2005cv00122.
· Sub Sea Research v. Unidentified Wrecked U.S. District Court Southern District of
Florida 4:04cv10119-KMM.
· Sub Sea Research Vessel, et al. v. Abandoned Vessel, et al. 4:02CV10068.
· Marine Salvage, Inc District Court Southern District of Florida 04-22679
· Cobb Coin Company, Inc v. Unidentified Wrecked and Abandoned Mailing Vessel 525
F. Supp. 186, 208, 1983 AMC 966 (S.D. Fla 1981).
· EURISCO CORP v. The Unidentified, Wrecked and Abandoned Sailing Vessel 9810002 CIV-KING.
· Bradley Williamson v. The unidentified, Wrecked and Abandoned Vessel, 9:07-cv81030-KAM.
· Bradley Williamson v. The Unidentified Wrecked and Abandoned Vessel
9:2008cv80106.
· United States District Court Middle District of Florida (Tampa Division), Odyssey
Marine Exploration, Inc v. Unidentified, Shipwrecked Vessel/The Kingdom of Spain, The
Republic of Peru, Case n°8:07cv00614-SDM-MAP, doc 270, 3 June 2009.
· United States Court of Appeals for the Eleventh Circuit, Odyssey Marine Exploration,
Inc. v. Kingdom of Spain, Case n°10-10269, document n°8:07cv00614-SDM-MAP, 21
September 2011.
Endnote
1

The conclusions were presented at the Royal Academy of Jurisprudence and Legislation, December
18th 2012.
2
Sea Hunt, In c.v. The Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634,638, 642 (4th Cir.
2000)
3
It is only right and just to recognize the moral and scientific solvency of the State of Texas authorities in
the “Platoro” matter, and the archaeological efforts made versus the court’s criteria
4
Kohala Coast Enterprises, LLC vs. The Unidentified, Shipwrecked Vessel, District Court for the District of
Hawaii CV12-00552 SOM-RLP.
5
In his book “An account of the discoveries made in the South Pacific Ocean, previous to 1764”
(Dalrymple, 1767), in page VII and ss, there is an explanation by the author himself. In fact Dalrymple
was elected to membership in the Royal Society (1771) as a result of his translations “of voyages to the
South Seas &amp; other places from Spanish”.

References
Bell, D., 2005. Unity and Difference: John Robert Seeley and the Political Theology of
International Relations. Review of International Studies, Vol. 31 (3): 559-579.
Dalrymple, A., 1767. An account of the discoveries made in the South Pacific Ocean,
previous to 1764. Dalrymple, A, London.
Gobineau, J. A., 1853. Essaisurl´inégalité des races humaines. Librairie de Firmin Didot
Freres, Paris.

12

�Grant, M., 1916.The Passing of the Great Race. Geographical Review, Vol. 2 (5): 354360.
Hankins, F., 1926. The Racial Basis of Civilization; a Critique of the Nordic Doctrine.
Alfred A. Kanopf, New York.
Horwitz, T., 2006. Immigration - and the Curse of the Black Legend. The New York
Times, July 9.
José María Lancho Rodríguez (Madrid, 1970) is a Spanish lawyer expert in historical
heritage and technology law. He has actively intervened in the case Odyssey Marine
Exploration in advising both the Kingdom of Spain and at the Spanish Courts in the
criminal action derived from this case. He has published articles in various magazines,
newspapers, journals and blogs. His research and advocacy interests also include legal
enforcement of environmental laws, intellectual property, antitrust and the patient selfdetermination rights. He has been involved in relevant cases on those fields. He is also
president of Hispalinux, the largest association of users and developers of free software
in Spain.

13

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                <text>The exam of the legal practice related to the Hispanic underwater heritage in the last 10 years in the United States shows that this has been the main resource of a mature treasure hunter industry in that country; that this industry has developed a specific discourse denying intrinsic cultural value to the Hispanic historical remains; and that this discourse has had an influence over the juridical and administrative authorities in the United States in such a way that legal, academic and media approaches to this archaeological legacy show an inadvertent but significant discrimination against the Hispanic Heritage -instead of Heritage of other cultural origins-, with the result that an important record of American history has been reduced to a mere industry and a resource for exploitation without requiring a minimal scientific counterpart, constituting without doubt one of the most serious and consummate problems within the entire historical record of the American history. In Hawaii in a recent court case, in which a Spanish galleon appears to be involved, we face the problem of fitting the Hispanic legacy in America in its legal and academic form, specifically because it brings into question the fact that Captain James Cook became the first European to discover the Hawaiian Islands, and makes manifest the extra historical relevance this assumption still holds. In this paper we deal with legal, historical and social aspects of this issue.</text>
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                    <text>The Subcritical Mass-Treatment of a Range of Iron
Artifacts from Varying Contexts
Nasanen, L. M. E.; González-Pereyra, N. G.; Cretté, S.A.

Abstract
The use of subcritical fluids for the treatment of archaeological and marine archaeological iron
artifacts has been under experimentation at the Clemson University’s Warren Lasch Conservation
Center (WLCC) since 2003 and has shown promise of providing solutions to some of the issues
related to the more traditional desalination treatments: Treatment times are but a fraction of those
required by the soaking methods; chloride readings are brought to near-negligible levels;
desalination can be carried out with or without prior deconcretion; solutions are maintained in
sealed containers for the duration of the treatments; and positive results have been seen so far
with tests for long-term stability of treated artifacts. Particularly remarkable has been the effect
the process appears to have had on corrosion matrices containing the chloride-hosting iron
oxyhydroxide, Akagenéite (β-FeOOH) on artifacts that have been allowed to dry out. Results
have shown a significant reduction in the quantities of this phase – often linked to the continuation
of active corrosion processes within iron artifacts – through transformation into more stable
corrosion products such as magnetite and hematite. Experiments carried out to date have not
only involved single samples and artifacts, but testing has progressed to a stage where numerous
artifacts have been successfully stabilized simultaneously in the same batch. The work presented
describes three of such desalination treatments. The first run included a single wrought iron
ballast block from the H.L. Hunley, a confederate Civil War submarine lost in battle in 1864. This
was followed by the first batch run on five similar ballast blocks and a second with nine iron
artifacts of varying composition, context and condition, selected from the National Park Service
(NPS - USA) curatorial collection.

Introduction
After extensive studies and testing for 9 years at the WLCC, the subcritical
treatment has proven to be an effective alternative for the stabilization of iron and
iron corrosion products of materials recovered from marine and terrestrial
contexts.
In order to stabilize the iron matrix, the presence of chloride ion (Cl-), often
linked to active corrosion processes must be eliminated or rendered inactive
(deViviés, et al. 2007: 26-30; Drews, et al. 2004: 247-260; González, et al. 2007:
32-37).
The desalination treatments used in the conservation field are based on the
exchange of Cl- with hydroxide ions (OH-). Therefore, the solution carrying the
OH- must reach the sites where the Cl- are located, which often means
penetrating through pores and interstices following paths with high degrees of
tortuosity through corrosion layers and concretion (Selwyn 2004:294-306;
Selwyn, et al. 2001:109-120; Selwyn, et al. 1999:217-232). Once the chloride
sites are reached, an excess of hydroxide is necessary in order to facilitate the

�exchange. Then, the newly released Cl- must diffuse out through the material
towards the bulk of the treatment solution. In the atmospheric region these
processes are slow and their end point is often difficult to determine. Traditional
desalination techniques rely on diffusion, which is based on concentration
gradients that are significantly affected by the presence of any type of material
that may act as a membrane such as corrosion layers and concretion.
The most appealing reason to consider working in the subcritical region is that
the properties of water are tunable by simply adjusting the temperature and
pressure of the system. Changes in temperature and pressure can provide new
thermodynamic and kinetic options, or chemical paths, not viable at lower
temperatures.
The subcritical metal treatment developed at the WLCC utilizes alkaline
solutions at temperatures and pressure above 100°C and 30bar, respectively
(Drews, et al. 2011). To date more than 130 experiments have been performed
to evaluate the effects of subcritical treatment on a variety of archaeological
wrought and cast-iron samples from both terrestrial and marine sites (deViviés, et
al. 2007: 26-30; Drews, et al. 2004:247-260; Drews, et al. 2011; Drews, et al.
2005:77; González-Pereyra, et al. 2010:39-49; Mardikian, et al. 2006:82-88).
Based on the results, the subcritical treatment has demonstrated to be effective,
safe and exceptionally fast in removing chloride (deViviés, et al. 2007:26-30;
Drews, et al. 2004:247-260; González-Pereyra, et al. 2010:39-49).
This paper discusses three recent treatments using subcritical fluids, with
specific emphasis on the benefits this technology may offer to the mass
treatments of collections of metallic cultural heritage. Amount of Cl- released
during treatment as well as corrosion products and elemental compositions of the
various artifacts were monitored using ion chromatography, X-ray Fluorescence,
micro-Raman, and SEM-EDS.

Subcritical Technique
Throughout this paper, the region where water remains in the liquid phase and
extends from its normal boiling point (100ºC, 1bar) to its critical point (Tc =
373.9ºC, Pc = 220bar) will be referred to as subcritical region, while the region
under 100ºC, at normal pressure, as atmospheric region, as illustrated in Figure
1a. In the sub-critical region there is a significant departure of thermodynamic,
transport and chemical properties of water from those at normal conditions,
redefining water as a reaction medium. Viscosity, surface tension and density all
decrease for pure water or a dilute water solution including the 0.5w% sodium
hydroxide (NaOH). Density, probably the most defining thermodynamic property,
is affected by temperature. At high temperatures liquid water expands

�considerably decreasing its density. Many properties of water are affected by this
change, in particular the behavior of water as a solvent (Fernández-Prini, et al.
2004). Viscosity and surface tension are also affected. They decrease as the
temperature increases, resulting in enhanced wetting properties and higher
ability to penetrate pores or interstices. An increase in the diffusion constants for
Cl- and OH- of about 9% will also occur, relative to the diffusion constants at 25oC
and 1bar when the temperature and pressure are increased to approximately
180oC and 50bar, respectively (Bird, et al. 1992).
The subcritical region also allows the use of NaOH at concentrations that are
lower than what is common with traditional treatments, thus easing the burden
imposed by its disposal. Additionally, evidence suggests this process also results
in the transformation of certain iron corrosion products into more stable phases
(akaganéite and lepidocrocite transform into hematite) (deViviés, et al. 2007:2630; González-Pereyra, et al. 2010:39-49).
An additional promising characteristic of this alternative treatment is the short
treatment times required compared to traditional techniques (chemical,
electrochemical or gaseous). Average treatment periods typically fall within
fifteen days. Moreover, this technique provides the potential ability to permeate
thick concreted and corroded layers which in theory means that iron artifacts may
be pre-treated or even stabilized with subcritical fluids, prior to deconcretion or
cleaning (González-Pereyra, et al. 2010:39-49). This attribute is of particular
interest in the case of terrestrial artifacts that are often too fragile to be cleaned
prior to desalination. As such, they often require the addition of a stabilizing
consolidant; however this material is likely to interfere with the extraction of the
salts. Therefore, subcritical treatment offers the ability to effectively stabilize the
residual metal core while the object is still embedded in its concretion.

�Subcritical Protocol
The schematic diagram depicted in Figure 1b provides the basic elements of the
system. It consists essentially of a feed solution reservoir, a high-pressure pump,
a treatment cell, a back-pressure regulator to control the system pressure and an
eluent collection vessel. Artifacts are placed in the cell and the fluid flow path
primed to flush any air out of the system. Next, the system is closed, brought
under pressure, the flow is stabilized and the temperature is increased to the set
point. Pressure, temperature and flow of the system are monitored using a
computer system. Once the system is running, the eluent is sampled periodically
and the Cl- concentration is measure at the exit of the cell and in the collection
vessel by ion chromatography. When it reaches the level of the feed solution,
considered the baseline in Cl- content for ion chromatography, the temperature is
turned off and the high-pressure cell is cooled down; the flow of eluent is allowed
to continue throughout the cooling process. Once the cell reaches room
temperature, the high-pressure pump is turned off and the cell opened to retrieve
the desalinated specimen. This latter is then rinsed thoroughly with deionized
water and dried quickly to prevent any potential flash corrosion.

The Artifacts
The Ballast Block “Pioneer”
The very first treated artifact utilizing the 40L chamber was a wrought iron ballast
block – one of 97 excavated from the H.L. Hunley. Apart from a select few of
such blocks, having undergone other means of desalination, the majority of these
blocks remain stored together in a very large tank of NaOH 1.0w%. The selected
block to undergo subcritical treatment was stored separately for several weeks
immersed in a pre-treatment solution of NaOH 0.5w%. Thorough documentation
and analysis pre- and post-subcritical treatment were performed, as shown in
Figure 2. The artifact record showed that partial deconcretion had been carried
out prior to immersion in the storage solution to enhance desalination. However
the pre-treatment assessment clearly showed some considerable remains of
corrosion products, sediment and marine fauna on the surface, particularly within
the fine detail. Some mechanical damage to the original surface of the artifact
was also noted, where areas of several centimeters were missing, leaving the
wrought iron core exposed. It is important to also note the ballast blocks
discussed here had never been allowed to dry out and hence no akagenéite was
found prior to treatment.

�The Five to Follow
Following successful completion of the single ballast block treatment a similar
outcome was attempted with multiple artifacts similar in nature. Five further
ballast blocks were selected for simultaneous treatment within the 40L chamber.
Whilst the artifacts are primarily of the same composition each held very distinct
individual characteristics. All had undergone partial deconcretion in the wet state
prior to immersion in the above mentioned storage solution, and thus some
damage to the original surface had occurred in varying degrees from one block to
another.

The National Nine
The following batch of artifacts consisted of nine iron artifacts from the NPS
collection. These were of both, wrought and cast iron, consisting of various parts
in some examples and from a range of contexts. One common factor for the
selection was concern over the stability of the items. All artifacts had been
allowed to dry, had been stored in largely uncontrolled environments and thus
displaying clear signs of active corrosion in the form of bright orange powdery
corrosion products - commonly within pits - as well as blistering, spalling and
cracking in some areas of the original surface. Figure 3 illustrates the condition of
four of the artifacts prior to subcritical treatment. These artifacts will act as
primary examples throughout the paper, as this particular selection received a
so-called ‘full conservation treatment’, and were selected as such due to a more
prominent surface detail or complex multiple-part features. Out of the selected
four, the ring-peg and hinge showed the most structural complexity with moving
components and the presence of threaded bolt and nut assemblies. Complex
artifacts such as these have commonly posed additional conservation challenges
with regards to desalination due to limited permeability of the wash solution into
the joins and crevices of such areas, as well as differential corrosion cells at

�peripheral regions with varying exposure to the environment. It should also be
stated that some of the artifacts appeared to have been treated with a
penetrating oil-type substance, but no conclusions as to the composition of the
product were found in previous treatment records, or through analytical means.
The artifacts had also been labeled with catalog numbers applied in black ink
over a white label painted directly on to the surface of the artifact.

Documentation and Analysis
All artifacts were systematically assessed through documentation and digital
images to identify signs of corrosion. A set of non-destructive characterization
equipment was utilized to determine the Cl- concentration, as well as to identify
corrosion products. A FujiFilm NDE DynamIX™ IV digital radiography system was
used to determine the overall integrity of the object. Corrosion products present
on the artifact surfaces were analyzed with a Bruker Optics SENTERRA microRaman spectrometer. Raman data collection and processing was performed
using Opus Version 6.5 software.
The Cl- concentrations released during desalination was measured by two
methods. Chloride Quan Tab® test strips, manufactured by Hach® (Loveland,
CO), were used to quickly determine quantitative amounts of Cl- present. Ion
chromatography was performed using an ICS-90 ion chromatography system
with a IonPac® AS9-HC analytical column, both manufactured by Dionex
(Sunnyvale, CA). The data was collected and analyzed using the Dionex
Chromeleon™ software.
Quantitative and qualitative elemental compositions were determined by an
Oxford INCAx-act analytical silicon drift energy dispersive spectroscopy (EDS)
fitted onto a Hitachi S-3700N Ultra Large VP-SEM variable pressure scanning
electron microscope. Data collected was analyzed with the INCAEnergy software
interface. Qualitative and semi-quantitative elemental analysis was also attained
with a Bruker handheld Tracer III-SD X-Ray Fluorescence spectrometer.
All results were averaged from at least three data collections.

Results and Discussion
Alongside the evident advantages regarding stability and length of treatment,
post-stabilization deconcretion stands out crucially in the eyes of the conservator.
The effectiveness of the process allows for drying to take place prior to any
mechanical cleaning due to the inherent post-treatment stability of the artifact
and its corrosion matrix. This further allows for better and easier visual
identification of the corrosion layers and original surface and thus more control

�over any removal. Full documentation can be carried out after drying with no
time limitations due to the threat of flash corrosion or stresses caused by
recrystallization.

�Ballast Blocks
With regards to the overall appearance of the artifacts, there was very little
change with any of the ballast blocks on initial inspection. The first ballast block
was stabilized in 16 days. Approximately 90% of the total Cl- released occurred
within the first 5 days, with a maximum peak reached on the first day.
Furthermore, after the fifth day the concentration of Cl- remained under 1ppm. At
the end of the run the total amount of Cl- extracted from the artifact was
0.031w%.
To put these results into perspective, they can be compared with similar
ballast blocks soaked in NaOH 1.0w% with and without electrolysis (Figure 4a).
These treatments required on average 150 days to reach 90% of the total Clreleased, and over one year for total stabilization.

�The low amount of total Cl- released during mass treatment of the five blocks
group was an expected outcome. Considering that these blocks had been
soaking in NaOH 1.0w% for over four years, it was anticipated that most of the
Cl- had been removed. Simple soaking in NaOH can be very effective for Clremoval providing the artifacts were never allowed to dry out and akaganéite was
not present.
Localized color change from orange to black was noted, corresponding
generally to lepidocrocite and magnetite respectively. Although superficial
deposits had persevered, a change in the physical state of these features was
soon noted. Even in the wet state, some of these deposits would readily brush
off demonstrating a loss in adherence. This phenomenon has been recognized
in previous work, and it has been suggested that increased porosity is due to
changes in crystal lattice structure of the corrosion product matrix, and possible
leaching out of substitutional and interstitial elements, such as sodium, calcium,
chlorine and phosphorous respectively (González-Pereyra, et al. 2010: 39-49).
Instead of utilizing hammers and chisels, cleaning could be performed using
mostly a scalpel. The original surface, easily identified, had a compact nearmetallic sheen throughout, and appeared somewhat consolidated. Where the
benefits of carrying out cleaning procedures after stabilization and in the dry state
were particularly accentuated was at the discovery of tool marks and foundry
stamps on the ballast blocks, as shown in Figure 2.
Where considered necessary, a consolidative treatment by immersion in
Owatrol™ oil – an alkyd-based drying oil with an inbuilt corrosion inhibitor was
employed.

NPS artifacts
With these artifacts, a slightly different approach was employed. As seen in the
images, the artifacts had very little corrosion layers present to add to the overall
volume of the artifact.
The challenge with already dry terrestrial artifacts with regards to stabilization
treatments under immersion in varying solutions is the inherent physical stresses
caused by not only the permeation of the solution into the crevices of the
corroded artifact, but also the continued ionic exchange at the active corrosion
sites. This is particularly accentuated at pit and blister sites, where the original
surface is often forced away from the artifact causing separation and loss of
surface detail. Thus chemical stabilization and desalination of dry and terrestrial
iron artifacts has been viewed as a considerably difficult and an unresolved issue
in conservation (Drews, et al. 2004:247-260; Mardikian, et al. 2006:113-118;
North, et al. 1978:174-186; Selwyn, et al. 1999:217-232; Watkinson 2010:33073340). To prevent any further stresses occurring within the artifacts during
subcritical treatment the artifacts were soaked in the treatment solution for 72

�hours prior to the run. It was completed in 8 days and the results can be seen in
Figure 4d. The plot displays a typical behavior showing a Cl- peak within the first
day followed by a significant drop. Similarly to what was observed in the case of
the first ballast block, approximately 95% of the total Cl- released took place
during the first four days. Post-treatment, SEM-EDS elemental analysis showed
a level of chloride under the instrument detection limit of 0.1w%, while pre- and
post treatment XRF analysis (Figure 4f) clearly illustrates elimination of chloride
from the artifacts. Finally, SEM-EDS confirmed that subcritical conditions did not
affect elements such as lead or copper.
The corrosion products of all the NPS artifacts were analyzed using microRaman spectroscopy in different areas of the artifact’s surface. Analyzed areas
were selected for their diversity in color and texture. Active corrosion was
evident, occurring below the original surface, largely in pits with bright orange
powdery corrosion products identified as akagenéite (Figure 4c). Lepidocrocite
and goethite were found only in a few areas. A striking absence of akaganéite
was observed after subcritical treatment, as illustrated in Figure 4e. The
akagenéite had been converted to hematite with magnetite and goethite in
localized areas.
From visual inspection and weight measurements, it was clear that no
significant material loss had occurred during treatment, the oil-based consolidant
and the number labels applied in a previous conservation campaign had
effectively been removed. After analysis and in order to improve the general
appearance of the artifacts, micro-air-abrasion was performed on the selected
four artifacts. Although consolidation was not considered necessary with regards
to the physical integrity of the artifacts, due to an agreement with the NPS, they
received a consolidant in the form of Owatrol™ in two applications, with the last
application slightly pigmented with natural magnetite powder. This treatment was
performed to purely improve the appearance of the artifacts and to allow for
assessment of a contrast between a stabilized and a fully conserved artifact.

Conclusion
Recent experiments using subcritical fluids have shown great promise of
resolving many of the issues relating to the stabilization of archaeological iron –
marine and terrestrial. The results of this work have encouraged further research
and experimentation to improve the methodology and its applicability across the
field. Recent focus on such development has revolved around the possibility of
modifying the reactor capabilities in order to be able to carry out rinsing and
drying within the treatment chamber. Further yet, considerations have been
made towards an unfathomable advancement, where subcritical and supercritical

�technologies would be combined to allow for the inclusion of the application of
tailored corrosion inhibitors and consolidants during a single step in the
treatment. In addition small-scale laboratory testing has been initiated to study
the effect this fluid technology may have on non-ferrous metals. In short,
extensive continued research is necessary in order to implement an integral
treatment for metallic cultural heritage, that is effective, fast, reversible,
sustainable, safe, and in accordance with conservation ethics.

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                <text>The use of subcritical fluids for the treatment of archaeological and marine archaeological iron artifacts has been under experimentation at the Clemson Universityâ€™s Warren Lasch Conservation Center (WLCC) since 2003 and has shown promise of providing solutions to some of the issues related to the more traditional desalination treatments: Treatment times are but a fraction of those required by the soaking methods; chloride readings are brought to near-negligible levels; desalination can be carried out with or without prior deconcretion; solutions are maintained in sealed containers for the duration of the treatments; and positive results have been seen so far with tests for long-term stability of treated artifacts.  Particularly remarkable has been the effect the process appears to have had on corrosion matrices containing the chloride-hosting iron oxyhydroxide, AkagenÃ©ite (Î²-FeOOH) on artifacts that have been allowed to dry out. Results have shown a significant reduction in the quantities of this phase â€“ often linked to the continuation of active corrosion processes within iron artifacts â€“ through transformation into more stable corrosion products such as magnetite and hematite.  Experiments carried out to date have not only involved single samples and artifacts, but testing has progressed to a stage where numerous artifacts have been successfully stabilized simultaneously in the same batch. The work presented describes three of such desalination treatments. The first run included a single wrought iron ballast block from the H.L. Hunley, a confederate Civil War submarine lost in battle in 1864.  This was followed by the first batch run on five similar ballast blocks and a second with nine iron artifacts of varying composition, context and condition, selected from the National Park Service (NPS - USA) curatorial collection.</text>
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                <text>The Tanjo-ji is a temple belonging to Nichiren Buddhism at the town of Kominato in Chiba Prefecture, Japan.  Nichiren was born in 1222 at a fishing village near the town, and became a Buddhist priest who developed the teachings of Nichiren Buddhism, a branch school of Mahayana Buddhism.  When his mother gave birth to Nichiren, according to legends, water for bathing the newborn baby welled up in a garden, lotus flowers came out on the seashore, and plenty of sea breams jumped over the sea.  The sea in front of the Tanjo-ji is now named ‘Sea Bream Inlet’, a Japanese natural monument registered by the Agency for Cultural Affairs, where we still could see schools of jumping sea breams or opaleyes.  Just before or after his death in 1282, the original temple of Tanjo-ji was built on the site of Nichiren’s birthplace or of his mother’s house, but the temple is said to have flooded and submerged by tsunamis with earthquakes and to have moved to where it is at present.  Indeed, a historical document says that the 1605 Nankai Earthquake and following tsunamis damaged and destroyed the area around the bay of Kominato.  In the commemoration of the 800th anniversary of the birth of Nichiren, the Kamogawa City Council and Tokyo University of Marine Science and Technology, which is a member institution of the UNESCO UNITWIN Network for Underwater Archaeology, started the underwater survey for the submerged site in the spring of 2019.  Because sites of the submerged temple or fishing villages are supposed to be on the bottom of very shallow seas near the coast, Tokyo University of Marine Science and Technology has developed a remotely steerable unmanned surface vehicle with a side scan sonar and an underwater camera for its survey.</text>
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                <text>Iwabuchi, Akifumi, Hayato Kondo, and Takatsugu Tashiro. 2021. “The Submerged Buddhist Temple of Tanjo-ji in&#13;
Chiba Prefecture, Japan.” Edited by Brian Fahy, Hans Van Tilburg, Bill Jeffery, T. Kurt Knoerl, and Riley Smith. In&#13;
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                    <text>The Technique Record of Repairing Penghu Stone Tidal Weirs
―based on Angnata village Penghu, Taiwan―
(澎湖石滬的場域修復與工法記錄)
( - 以澎湖紅羅村為例 - )
Fu-Tzu Yang (楊馥慈) 　　 Yu-Chi Tseng (曾宥輯)
isle.travel (離島出走工作室)

ABSTRACT
Our project is based at the location “Xin Hu” in the Angnata village of Huxi township, Penghu. We invite the
professional team of stone tidal weirs masters to guide the repair so that our team can practice, learn, do depth
interviews, record audio dictations and systematically sort the sets of executable repair methods. Further, to develop the
model of experiencing the repairmen for the public. By the experiment, we look forward to achieving the purpose of
discussion of stone tidal weirs preservation, ecological preservation, and possibilities of the youth returning which leads
to the targets- inherit local experience and sustainable community development.
Chinese Abstract ( 摘要 )
澎湖有90座島嶼，海洋資源豐富、季節風明顯、潮間帶廣闊，因此發展許多特殊的傳統漁法，其中最著名的為石
滬。但隨著科技的發展與社會的變遷，傳統漁村的人口逐漸外移，傳統漁法無人傳承，相關技藝漸漸瀕臨消失。
離島出走團隊發起「澎湖石滬復興計畫」，以「創新與實驗」的方式，選擇以澎湖紅羅村作為基地，並以「外港
口滬」為石滬實驗場域，進行傳統潮間帶漁法的體驗與石滬修復的實驗行動。本計畫邀請紅羅村石滬師傅組成的
工班進行指導，而離島出走團隊則透過施作學習、深度訪談、口述記錄，系統性的整理出一套具有規則可循的修
復石滬工法，並延伸發展出修復石滬的體驗模式。期望透過實際的測試行動，來探討石滬保存、生態復育與青年
返鄉的可能性，以達到在地經驗傳承、社區永續發展的目標。
Keywords: traditional fishing (傳統漁法) , depth interviews (深度訪談) , stone weir (石滬)
List of Figures and Images
Figure 1: Guidelines to stone weir restoration work.
Figure 2: Experiential Learning for participants in the stone weirs restoration project.
Figure 3: Experiential Models Designed for Different Types of Participants.

1. INTRODUCTION
This study was conducted as part of the '106th-year College Student Rural Migration Second-Phase Action
Plan' , under the project titled 'Experience of Tidal Fishing Method and Stone Weir Restoration Project.' The
actual stone weir restoration activities took place in Hongluo Village, Huxi Township. The entire project was
carried out by the 'Isle.travel' team, with Professor Mingru Li, a stone weir scholar, serving as the project
advisor. Through Professor Li's recommendation, we collaborated with a master stone weir restorer from
Hongluo Village for this project. Each master weir restorer possesses unique professional skills, including the
handling and construction of heavy stones, with weights often reaching a hundred kilograms, as well as the
ability to withstand ocean currents and trap fish. These skills represent intangible cultural assets within the
context of this restoration technique and are one of the main research and documentation objectives of this
study.
Each stone weir is akin to a complex family ancestral home with multiple ownerships. In Penghu, a stone
weir is usually collectively owned by several families. In the early days, ownership of a stone weir could
even serve as a dowry for Penghu daughters, symbolizing a 'sea field.' Hence, the team encountered the first
challenge at the beginning of the project. The initially designated ‘Gōa-káng-kháu Weir' in Hongluo faced
opposition due to safety concerns and continued usage by a family. However, the weir owners recognized
and approved of the team's intentions and offered an alternative option—the 'New Weir.' The 'New Weir' had
been forgotten for a century by the residents of Hongluo and was in a severely damaged condition. After
confirming with the Agriculture and Fisheries Bureau that there was no registered owner, the 'New Weir'
became the team's first target for restoration. Situated in the Hongluo , the 'New Weir' is close to the shore,
1

�making it an ideal demonstration site for the team's initial stone weir restoration and methodology
documentation.
2. LITERATURE REVIEW
2.1. Stone Weirs in Penghu
Penghu, an island environment surrounded by the sea, possesses abundant intertidal marine resources, which
have given rise to various unique local fishing methods. Among them, stone weirs are particularly
remarkable as fishing traps in the sea. For centuries, the ancestors of Penghu observed water currents,
constructed stone weirs, and utilized the ebb and flow patterns of the tides, combined with the distinctive
structures of stone walls, to gather scattered fish catches in one place for easier capture, thereby providing
sustenance for their families.
(1) Uniqueness and Importance of Stone Weirs
The primary materials used in Penghu's stone weirs are basalt and coral stone. Basalt, also known as black
stone, has angular shapes that allow for interlocking arrangements of each stone without the need for cement
or other artificial means of fixation. Furthermore, the porous nature and crevices of stone weirs provide
hiding places for fish fry, as well as support the growth of shellfish and algae, exemplifying ecological
sustainability. In different regions of Penghu, tidal basins, targeted fish species, and the utilization of local
materials have led to diverse methods of constructing stone weirs, making the underlying fishing culture and
values worthy of exploration, investigation, and preservation.
(2) Conservation Crisis Faced by Stone Weirs
Since the 1960s, with the rise of mechanized vessels and new fishing techniques, coupled with
environmental changes and the depletion of marine resources, traditional stone weir fishing methods, which
offer lower yields but are relatively environmentally friendly, have gradually become powerless. In recent
years, they have been rarely used and left unrepaired. Currently, only about 20% of stone weirs in Penghu are
still in use and possess complete fishing functionality, while most other stone weirs face the risk of collapse
or burial.
2.2 Challenges in Restoring Stone Weirs
Penghu's geographical environment is uniquely advantageous, with intertidal zones surrounding the islands.
This has led to the presence of stone weirs throughout Penghu's coastal villages. The construction techniques
of stone weirs were naturally acquired and passed down as essential skills by families who owned them in
earlier times. However, in the present era of change, stone weirs that no longer yield fish gradually lose
maintenance, rendering the subsequent generations unfamiliar with the techniques required to maintain them.
The dwindling knowledge of restoring stone weirs has become an increasingly vanishing experiential
wisdom, preserved only through oral accounts passed down by the elderly.
(1) Fading Techniques
The restoration techniques for stone weirs vary depending on factors such as the stone material, regional
environment, water flow changes, targeted fish species, and the work habits of the master craftsmen.
Currently, there are only around four organized stone weir restoration teams actively involved in Penghu,
based on the accounts of local elderly individuals. Among them, there are fewer than five master craftsmen
with specialized skills and leadership. In other words, when the older master craftsmen retire, there will
likely be a crisis in the continuity of restoration techniques within this generation, creating a gap in the
transmission of this knowledge related to marine culture.
(2) Exclusivity of Stone Weirs
The construction of stone weirs is time-consuming and labor-intensive, requiring the involvement of not just
2

�a few individuals. It often takes several years and requires the collective efforts of an entire family, village, or
even different clans. Consequently, the ownership of a stone weir is a complex matter. It is closely related to
the contributions of labor and resources from each family involved in its construction. The time and location
of its usage need to be discussed and coordinated among the weir owners. Outsiders or those not assigned to
a particular day are not permitted to use the stone weir, and unauthorized entry may lead to disputes. The
traditional system of weir ownership, deeply ingrained in the culture, has evolved into established customs.
Although it has diminished, it has not completely dissolved. Most stone weirs that still possess fishing
functionality have intricate ownership arrangements, making it difficult for outsiders to approach or access
them.
3. RESEARCH METHODS
This study utilized the opportunity provided by the '106th-year Rural Migration Second-Phase Action Plan '
of the Water Resources Agency to investigate and document the "Experience of Tidal Fishing Method and
Stone Weir Restoration." During the research process, collaboration was established with Master Hong
Zhenkun and his stone weir restoration team from Hongluo Village in Huxi Township, Penghu. The research
was conducted at the site of the "New Weir" in Hongluo Village, integrating traditional techniques with
innovative experiential program design. The goals of the research included local knowledge transfer and
community sustainable development, with the incorporation of an experiential operational model. Seven
rounds of experiential activities were organized from July to August of the 106th year to assess the impact
and benefits of the experimental operational model. The research project spanned from March of the 106th
year to October of the 107th year and consisted of two phases:
3.1 Participant Observation
The participant observation method involved the research team actively participating in the stone weir
restoration operations. By becoming members of the observed group, the team played the role of both
participant and observer. This method allowed for data collection through participation in group activities
and provided direct and authentic information due to the team being seen as part of the group and eliciting
natural responses from the observed group (Huang 2000). In this project, the team actively engaged in the
restoration of stone weirs and experienced a twenty-day restoration project alongside the master craftsmen.
The team both learned the techniques through participation and observed and recorded the process.
3.2 In-depth Interviewing
The in-depth interview method is a qualitative research approach that involves face-to-face interviews. It
emphasizes the collaborative construction of meaning between the interviewer and the interviewee to reveal
explanations or data related to a specific question. Generally, it can be categorized into structured,
unstructured, and semi-structured interviews (Guan 2010). This project utilized a semi-structured in-depth
interview approach. Prior to interviewing the master craftsmen, data was compiled, and a set of
predetermined questions was prepared to guide the craftsmen in providing more in-depth descriptions of
stone weir restoration techniques.
4. RESULTS
The stone weir that was restored in this project is located in Hongluo Village, Huxi Township, Penghu
County, known as the "New Weir." According to local residents' oral accounts, the stone weir had collapsed
over 40 to 50 years ago, with no identifiable weir owners or related historical records. Subsequently, through
site inspections with Master Hong Zhenkun and his stone weir restoration team from Hongluo Village, it was
found that the base stones of the stone weir were scattered but still showed signs of the original layout.
Master Hong Zhenkun determined that the stone weir could be restored and initiated the restoration work.
The restoration project lasted approximately three months and included the restoration of the weir structure,
the pool ,dike and the weir tail. Although the restoration was not yet complete, during the restoration process,
it was observed that each master craftsman had their own expertise and responsibilities in specific restoration
3

�areas and techniques. Therefore, the techniques, tools, target stones, and optimal tidal times for operation
were recorded and documented based on the craftsmen's oral memories, and a systematic compilation of
stone weir restoration techniques was created. This compilation became a concise and easily understandable
set of guidelines, incorporating easy-to-follow steps.
4.1 Stone Weir Restoration Technique Guidelines Database
Throughout this project, active participation in the stone weir restoration work was undertaken, employing
participant observation and in-depth interviews. The documentation focused on Master Hong Zhenkun and
his team from Hongluo Village, Penghu County, as the subjects of the record. However, the documentation
had to proceed in sync with the restoration work, and the current database represents only the initial stage of
the project. The guidelines are presented in a simple and understandable manner as an initial integration of
the information gathered. There are plans to continue the documentation and expand the results obtained in
the current stage in the future.

Figure 1: Guidelines to stone weir restoration work.

In addition to serving as a reference for research on stone weir techniques, the guidelines can also provide a
basic understanding for individuals or participants who are interested in the topic of stone weirs but lack
prior knowledge. In the past, the lack of systematically organized samples often led to difficulties in
explanations provided by the master craftsmen and resulted in misconceptions. It also failed to demonstrate
the various variations and complexities of stone weir techniques. With the establishment of the guidelines
database, it can serve as a support tool for the development of subsequent experiential models, training
materials for stone weir restoration teams, and even promotional materials or cultural products. Through
these means, stone weir techniques can be promoted, and awareness on marine conservation and ecological
environment issues can be raised.
4.2 Experiential Model for Stone Weir Restoration
Under the existing fisheries management plans of the Agriculture and Fisheries Bureau, the operation of
stone weirs still requires the weir owners to submit applications every five years. As a result, stone weirs are
conceptually classified as private properties with exclusivity. Weir owners may have concerns about the
potential damage to the weirs and the depletion of fishery resources. This requires coordination and
communication with individual weir owners. In practical terms, it may be challenging to enter and
4

�experience the stone weir sites due to the presence of weir owners or restrictions on access. Taking all these
factors into consideration, this project prioritizes sustainable management. It first sought out stone weirs that
had long been in a state of disrepair and had no identifiable owners to assess their restoration feasibility.
Subsequently, restoration work was initiated. Once the restoration is completed, an application will be
submitted to the Agriculture and Fisheries Bureau to certify the restored stone weir as a registered fishery,
and it will be jointly owned and maintained by the community. If successful, this case can serve as a model
that other areas in Penghu can follow, creating a replicable pattern implemented in different regions. By
cultivating community talents through experiential programs and creating a mutually beneficial feedback
loop, the government should also take a supportive stance in encouraging the preservation of local culture by
providing relevant guidance and subsidies.
(1) Experiential Content

Figure 2: Experiential Learning for participants in the stone weirs restoration project.

The techniques for restoring stone weirs vary depending on the local conditions and the expertise
accumulated by the master craftsmen over the years. The techniques involve specific skills and challenges.
Therefore, in order to develop an experiential program, the initial focus is on areas with lower technical
requirements. In this project, the main experiential activities revolve around the techniques of "delivery",
"knotting" and "stuffing" as outlined in the methodology guidelines. "Delivery" and "knotting" both allow
participants to experience the difference in difficulty between ancient and modern methods of moving stones
and gain an understanding of the immense time and manpower required to construct a stone weir. "Filling"
primarily aims to familiarize participants with the internal and external structure of the stone weir and the
impact of ocean currents on the weir. Unlike the Double-Heart Stone Weir in Qimei, which mainly serves as
a tourist attraction, actively involving participants in the stone weir site allows them to directly experience
the function and composition of stone weirs and gain a deeper understanding and record of the restoration
techniques.

5

�Figure 3: Experiential Models Designed for Different Types of Participants

5. CONCLUSION
The restoration of stone weirs is not solely about reviving their functional aspects but primarily aims to
preserve a cultural heritage that is on the verge of extinction and promote its significance. However, during
the two-month restoration period of this project, with the collective efforts of the master craftsmen, the
Isle.travel team, and the experiential participants, fishing yields gradually appeared from August 5th,
demonstrating the original fish aggregating function of the stone weir. In light of this, the project initiated the
development of a preliminary sustainable management model, allocating a portion of the fees collected from
the experiential activities as a sustainable fund for stone weir restoration. It is hoped that through this
process, the active involvement and attention of local residents can be successfully stimulated. Subsequently,
by utilizing the recorded data and systematically organizing and visualizing it through research methods, the
project contributes to the preservation of the historical and cultural significance of Penghu stone weirs. It
also facilitates coordination with weir owners and communities to establish a symbiotic model and provides
a reference for the restoration of other dilapidated stone weirs in different areas of Penghu. The restoration
and transformation project of stone weirs not only holds experimental significance in the development of
experiential tourism related to stone weir restoration, but also contributes to the win-win strategy of
enhancing the visibility of in-depth tourism in the Hongluo community.
BIBLIOGRAPHY
Hong, K. H. Stone Weirs of Penghu. Penghu: Penghu County Cultural Center. (1999).
Lin, W. Z. The Past and Present of Stone Weirs. Proceedings of the 5th Academic Conference on Penghu Studies. Penghu: Penghu
County Cultural Affairs Bureau. (2005).
Chen, C. Z. Research on Indigenous Stonemasonry Techniques in Penghu. Proceedings of the 5th Academic Conference on Penghu
Studies. (2005).
Lee, M. R. The Origin and Distribution of Fish Trap Culture: An International Perspective. Penghu: Penghu County Cultural Affairs
Bureau. (2009).
Huang, K. Y. Dictionary of Education. National Academy for Educational Research. Wenjing Publishing. (2000).
Guan, X. S. Research Methods in Design: 3rd Edition. Global Publishing Co., Ltd. (2010).

6

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interviews, record audio dictations and systematically sort the sets of executable repair methods. Further, to develop the&#13;
model of experiencing the repairmen for the public. By the experiment, we look forward to achieving the purpose of&#13;
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                    <text>The underwater cultural heritage of the Federated States of Micronesia
Bill Jeffery
Department of Archaeology, Flinders University, South Australia
Email: billfjeffery@gmail.com
Abstract
Of all the United Nation member states, the Federated States of Micronesia’s (FSM)
total land area is one of the smallest (191st out of 193 UN member states), yet the
length of its coastline connecting its 607 islands ranks 21st in the world - after India and
Chile. The people from the FSMare world-renown navigators and boat builders and they
have developed and maintain many cultural practices, customs and legends associated
with the sea. The FSM contains a variety of tangible heritage related to their traditional
use of the sea and coast, material remains of foreign traders, pirates, colonial powers,
and from World War II. This presentation will provide details about this significant
heritage related to the sea and the FSM’s recording and training programs, in context
with the UNESCO Convention on the Protection of Underwater Cultural Heritage 2001,
and the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage 2003.
Key words: Federated States of Micronesia, Pohnpei State, Underwater cultural
heritage, UNESCO
Background
The Federated States of Micronesia (FSM) is a recently formed nation - formally
recognized by the United Nations in 1990 - comprising the island states of Yap (9º30’N;
138ºE) in the west, Chuuk (formerly Truk), Pohnpei (comprising the FSM capital,
Palikir), and Kosrae (5º20’N; 163ºE) in the east. It covers an area in the Western Pacific
of over three million sq km, of which only 702 sq km is land and is home to about
110,000 people (Fig. 1). ‘Micronesia’ is a recent (c.200 years old) European term given
to some of the many tiny islands in the western Pacific Ocean to differentiate them from
Melanesia and Polynesia (Meller, 1998: 1). The Micronesian region includes the group
of islands known as the Caroline Islands (the FSM and the Republic of Palau), the
Republic of the Marshall Islands, Guam, the Commonwealth of the Northern Mariana
Islands, the Republic of Nauru and the Republic of Kiribati. These islands have been
occupied at various times dating back to about 3,500 years ago (Dixon et al., 2013:
351). Starting with the Spanish, Micronesia has had a succession of colonial rulers

1

�Fig. 1 Location of the four states of the Federated States of Micronesia: Yap, Chuuk, Pohnpei and Kosrae.

(Magellan arrived in Guam in 1521). From 1919, Micronesia was formally recognized as
a mandated territory of Japan by the League of Nations. Following World War II, the US
was granted a strategic trusteeship of the region by the United Nations (UN), and the
region became known as the Trust Territory of the Pacific Islands (TTPI). Over the next
40 years, the Marshalls, Palau and the North Mariana Islands left the federation, leaving
Yap, Chuuk, Pohnpei and Kosrae to form the FSM, accepting a Constitution in 1979
and entering into a Compact of Free Association with the US in 1986.
Tangible and Intangible Underwater Cultural Heritage
Many of the initial inhabitants of the FSM were coastal dwellers living in stilt houses
(Rainbird, 1993). They have been building and using canoes for short and long distance
voyaging for a long time, providing Micronesians with a ‘certain cohesiveness’ (Kiste,
1999: 434). The FSM coral atoll dwellers are some of the most renowned Pacific Island
navigators and many cultural practices, customs and legends are associated with
building and sailing canoes. They include the early settling of places such as Chuuk,
which is reputed to have been settled from either Pohnpei or Kosrae, ‘from whence the
2

�first woman arrived pregnant, sailing on a coconut frond’ (Gladwin, 1970: 4). Dances,
chants and storyboards convey information of these many Micronesian legends and
customs (Fig. 2).

Fig. 2 Dancing is carried out in all the FSM states - this one is of Yapese dancing and chanting near a
(Faluw) men’s meeting house/stone money bank. (Bill Jeffery, 2009)

Tangible UCH in the FSM range from c. 2,000 year old indigenous habitation sites;
sacred, cultural sites; fish weirs; seventeenth century Spanish ships; 19th century
trading and whaling vessels; and Japanese and American World War II remains
(aircraft, naval and merchant ships) (Bailey, 2000; Carrell, 1991; Hezel and Graham,
1997; Jeffery, 2012a) (Fig. 3). Some of the oldest underwater cultural heritage sites
(stone tools) have been found off Fefan (an island in Chuuk Lagoon, which Rainbird
(2004: 89) dated between 2350 and 1650 years ago, and Craib (1997: 13) argues that
they are the oldest pottery-bearing sites in central and eastern Micronesia. Pacific
Island countries have pointed out that their UCH is extensive and argued for
international recognition and protection of this wide remit of UCH at a UNESCO Meeting
in Vanuatu in 1999:
"Protection of Underwater Heritage", within the Pacific, at the moment seems to
refer more often to underwater wrecks from World War II, despite the existence of
other underwater sites such as sacred cultural sites existing in many areas of the
3

�Pacific. The meeting urged the protection of these sites as well as those on land
that may be protected by the World Heritage Convention (UNESCO 1999) (Fig.
3).

Fig. 3 World War II Japanese aircraft in the hold of the
Fujikawa Maru. (Bill Jeffery, 2004)

FSM Underwater Cultural Heritage programs and legislation
The FSM states are committed to maintaining their traditions and customs, in addition to
using them to preserve terrestrial and underwater cultural heritage sites and they have
enshrined relevant provisions in their Constitutions and state codes. Some examples of
these aspects can be found in Pohnpei State where the Government of Pohnpei
respects and protects the customs and traditions of Pohnpei1. In Yap, two councils
made up of traditional chiefs, the Council of Pilung and Council of Tamol, have been
established to advise the governor and legislature, and to promote and preserve the
traditions and customs of the people of the state in a manner consistent with the
Constitution of the FSM and the Constitution of the State of Yap2.
The Kosrae State Code 1997 (Title 11: Land and Environment, Chapter 14: Antiquities)
provides for impact assessments on ‘antiquities and traditional culture’ located on land
and in state waters to be reported to the governor3. In Chuuk, in addition to the
protection of local customs and traditions and the roles of traditional leaders,’ the Chuuk
4

�State Constitution recognizes all traditional rights and ownership over all reefs,
tidelands, and other submerged lands subject to legislative regulation of their
reasonable use4’. The only specific UCH law in the FSM is found in Chuuk. It forms part
of the Chuuk State Code and is known as Title 25: Maritime and Marine Resources,
Chapter 8: Chuuk Lagoon Monument5. This law applies only to Japanese World War II
sites located underwater, whereas the other FSM state laws are generic ones that cover
the identification, protection and preservation of indigenous and non-indigenous sites
and traditions on land and underwater.
To assist the FSM in implementing UCH activities, the US Submerged Resources Unit
spent some time in Micronesia and the FSM during the 1980s and early 1990s primarily
conducting site surveys and developing a catalogue of sites and strategic plans for site
management in association with the National and State Historic Preservation Offices
(HPO) (Carrell, 1991). More recent UCH programs including capacity building programs
have been carried out by the authorin Guam from 2006 to 2012 (Jeffery 2012b).
Additional UCH surveys have been implemented (see Applegate-Palmer this volume),
by the author (Jeffery and Drew, 2007; Jeffery and Moran, 2007) and a number of other
types of UCH surveys and research have been implemented such as that on fishing and
the associated intangible and tangible heritage (Dixon et al., 2013; Jennison-Nolan,
1979). Building and using traditional Guamanian and Micronesian boats is being
maintained by a Traditional Seafaring Society in Guam (Cunningham et al., 2006).
In Chuuk, through the FSM National Historic Preservation Office a program of
documenting Chuuk’s UCH has been implemented by Jeffery (2006, 2007). This has
included the development of tourism/community awareness raising through production
of signs and a booklet, as well as building the capacity of staff at the Chuuk HPO
although the office has now been closed (Jeffery, 2003, 2004b). Staff from Pohnpei,
Kosrae and Yap HPO also participated in this training which included development of a
document in recording and monitoring the natural and cultural heritage values of UCH
sites as well as the corrosion/conservation aspects, and all four offices gained
equipment to assist in implementing these activities (Jeffery et al., 2007). From 20062008, an Earthwatch Institute funded project was implemented in Chuuk to assess the
values and health of the submerged World War II sites and to assist the Chuuk
5

�government in their management (Emslie et al., 2007; Jeffery, 2012a: 25-28). This
included discovery of oil leaking from one of the shipwrecks, an issue the President of
the Federated States of Micronesia, H.E. Emanuel Mori raised at the 66th United
Nations General Assembly in New York on 23 September 201 (Jeffery, 2012a: 27-28).
As a result of this work in Chuuk, three television documentaries have been produced
and shown world-wide about the values and issues associated with the World War II
sites (Prospero’s ‘Shipwreck Detectives’; the French television series ‘Thalassa’ and the
Australian Broadcasting Commission’s series ‘Foreign Correspondent’). In recent times,
canoes built in the traditional manner, and a traditional canoe house have been built in
Chuuk (pers. comm., Meter, T., 2011).
In Pohnpei, reconnaissance surveys have been carried out on some its fish weirs and
the remains of whaling activities (Jeffery, 2013), and extensive research and surveys
have been implemented at Nan Madol. Covering an area of about 100 ha, located in the
inter-tidal area on the eastern coast of Pohnpei, the complex of 90+ enclosures (islets)
built of massive column-shaped basalt rocks, is considered to be an important political,
residential and ritual center that dates back about 1,000 years BP (Ayers, 1983) (Fig. 4).
The site is being documented for World Heritage listing together with the Lelu ruins on
Kosrae. Traditional canoe building is also being revived in Pohnpei. In Yap, in
association with the HPO, a comprehensive survey has been implemented on its
extensive fish weirs (aech), a program that was directed by HPO and aimed at reviving
their construction, use, maintenance and associated cultural practices (Jeffery and
Pitmag, 2010; Jeffery, 2013) (Fig. 5). Maintaining Yap’s traditional boatbuilding,
navigation and sailing heritage is being supported by groups and are a feature of annual
event ‘Yap Day’, and the Yap Traditional Navigation Society hold an annual two-day
celebration of building and sailing traditional canoes (Fig. 6). Yap and Palau HPO are
working together on a World Heritage nomination of the Yapese stone money quarries
(in Palau), and banks (on Yap, and underwater between the two islands which are still
greatly valued by people in Yap). In Kosrae, where 19th century whaling and trading era
shipwrecks form the majority of the shipwrecks, the SRU implemented a survey of
‘pirate’ Bully Hayes’s vessel Leonora to confirm its identity and recommend a
management strategy. Kosrae also contains Lelu, a basalt built rock settlement similar
6

�to Nan Madol located in the inter-tidal area and consisting of about 100 enclosures
(islets) that were used by the chiefs, as mortuary compounds, and for commoners from
about 800 BP. There are still strong known oral history connections with this site,
although as with Nan Madol, the construction techniques used are not known.

Fig. 4 One of the dominant enclosures at Nan Madol.
(Bill Jeffery, 2004)

Fig. 5 Fish Weir (Aech) Daqoloch in Gagil, Yap. (Bill Jeffery,
2008)

Issues arising from FSM programs in context with UNESCO Convention on the
Protection of Underwater Cultural Heritage 2001
The FSM’s Historic Preservation Offices, supported by the US National Park Service’s
Micronesia and American Samoa Historic Preservation Program implement a range of
historic preservation activities, including UCH, archaeological and anthropological
research and surveys, which have been published with the assistance of a Micronesian
NGO6. The United Nations Educational Scientific and Cultural Organization (UNESCO)
Convention on the Protection of Underwater Cultural Heritage 2001 (2001 UCH
Convention) at March 2014 has been ratified by 46 countries and is aimed at preserving
‘”Underwater cultural heritage” [being] all traces of human existence having a cultural,
historical or archaeological character which have been partially or totally under water,
periodically or continuously, for at least 100 years…’
Some of the main aims of the UNESCO Convention 2001 are to preserve sites in situ,
as a first option; to stop commercial exploitation of sites and artifacts; facilitate
international collaboration; encourage public access; maintain sovereign rights; and to
ensure that - where excavation is permitted - it is carried out in accordance with
international best practice, i.e. the Rules contained in the Convention’s Annex. These
7

�aims are consistent with how sites in the FSM and particularly the World War II sites in
Chuuk should be managed given dive tourism is an important industry in the economy
of the region. In fact, it could interpreted that the management of shipwrecks is the
overriding aim of the 2001 UCH Convention, even
though the term ‘shipwrecks’ is not used in it. ‘Underwater Cultural Heritage’ is used in
an attempt to have the 2001 UCH Convention cover all types of UCH although many of
its aims do not seem appropriate to non-shipwreck sites. There are a number of other
issues in how potentially inappropriate the 2001 UCH Convention is to the FSM, greater
Micronesia, in fact many other countries that value
traditional sites over colonial shipwrecks (see Jeffery
2004a, 2006, 2011), although this needs to be
considered on a case by case or country by country
basis. For example in Chuuk the Japanese World War
II shipwrecks are not valued historically by local
residents - there is no sense of place or belonging to
these sites. They are valued economically through dive
tourism, souveniring, and through the fish that can be
caught using dynamite - causing considerable damage
to the shipwrecks and the environment. Souveniring
has contributed to many artifacts being removed from
Fig. 6 Drawing of Yapese
transporting stone money from
Palau to Yap using a traditional
canoe. (Unknown Yapese artist)

the shipwrecks and the Chuuk government, even with
their legislation, seem powerless to control it. In Palau,
souveniring of the Japanese World War II shipwrecks
has brought swift legal action and two individuals were

fined and imprisoned for this activity in 20067. The government of Palau regards these
sites as an important part of their history and heritage and warrant protection.
Neither the FSM nor any other Pacific Island nation has ratified the 2001 UCH
Convention. The FSM ratified the Convention for the Safeguarding of Intangible Cultural
Heritage (2003 ICH Convention) on the 13 February 2013, and the Republic of Palau,
ratified it on 2 November 20118. In the 2003 ICH Convention, the definition of intangible
cultural heritage is seen as ‘the practices, representations, expressions, knowledge,
8

�skills – as well as the instruments, objects, artifacts and cultural spaces associated
therewith – that communities, groups and, in some cases, individuals recognize as part
of their cultural heritage’ (emphasis by the author)9. Some of the main aims of the 2003
ICH Convention are to: safeguard the intangible cultural heritage through ‘the
identification, documentation, research, preservation, protection, promotion. This
heritage is ‘constantly recreated by communities and groups in response to their
environment, their interaction with nature and their history, and provides them with a
sense of identity and continuity’ (emphasis by the author).
On its own, the 2001 UCH Convention would not appear to be an answer in terms of
managing FSM’s diverse UCH given much of what FSM and other Pacific Islanders
value is intangible heritage associated with the sea and UCH. Even some tangible sites
which have strong intangible aspects, such as fish weirs, if they are in use, may not be
‘protected’ under the 2001 UCH Convention (pers. comm. Azner-Gómez, M.J., 2013).
Western constructs of heritage and the separation of intangible and tangible heritage in
research and management, much like the separation of natural and cultural heritage is
not appropriate with Pacific Island nations.
A way forward for UCH management in FSM
Effective management of UCH in the FSM should be implemented in context with the
broad tangible and intangible heritage of FSM. This would give relevance to all the
different types of UCH and assist in their management. Development of a strategic
management plan outlining how this could all come together and be implemented would
be a good first step. Given the doubts about intangible cultural heritage and the
associated objects of UCH being covered under the 2001 UCH Convention (such as
fish weirs), but their appropriateness under the 2003 ICH Convention, the strategic
management plan should outline the most pragmatic approach to managing UCH
incorporating the most appropriate laws and agreements. The World War II shipwrecks
and aircraft located throughout the FSM, particularly in Chuuk Lagoon, should be
promoted and managed in context with the broad history of the region, in addition to
their management as dive tourism sites, something which is catered for in the 2001
UCH Convention. This could mean the FSM developing agreements with Japan and the

9

�US about the best way to manage the sites, which should mean gaining a better
understanding of all the different values from the three stakeholder perspectives.
In 1989, the US National Park Service implemented the Truk (Chuuk) Lagoon Historical
Park Study and made a number of recommendations about the future management of
the shipwrecks (USNPS, 1989) which I believe are still relevant today. This report
appears to be the first document which discusses any social values of the submerged
World War II sites and the war in general from a Chuukese perspective. It concluded
that Chuukese had been overlooked in commemorating their losses from the war:
‘unfortunately nothing tangible remains of this aspect [how the war affected
Micronesians] of World War II except the graves of the Nauruans on Tol. The
establishment of an historical park provides a means to preserve these intangibles and,
through interpretation, pass them on to others’ (USNPS, 1989: 64). An aim of the study
was to consider if the Chuuk Lagoon sites would meet the criteria for designation as a
Historical Park within the USNPS system, and it found a number of management issues
that needed to be addressed. It was concluded that the submerged WWII sites ‘are
utterly unique’ and ‘for the sunken wrecks, the establishment of a historical park or
reserve seems to be particularly appropriate in light of the long-standing concerns over
looting and vandalism’ (USNPS, 1989: 61). The report recommended that a national
park management agency and approach at a FSM national level be adopted given the
significance of the submerged WWII sites. This could mean establishing a group of FSM
employees to manage the park in the same manner as the Conservation Rangers of the
Palau Rock Islands Southern Lagoon World Heritage area, a system that appears to be
working very well. The idea of World Heritage listing of the Chuuk Lagoon World War II
shipwrecks is an issue that the author and the Chuuk government have considered
(Jeffery, 2004a, 2012: 28).Combining aspects of the 2003 ICH Convention that is
community focused, takes a holistic perspective (natural and cultural heritage), and
assists in providing a sense of identity, with aspects of the 2001 UCH Convention,
would help to develop a relevant and beneficial underwater cultural heritage program for
the FSM.

10

�Acknowledgement
I would like to thank the people of Chuuk, Yap and Pohnpei for their assistance in this
study and the staff of the Historic Preservation Offices in Chuuk, Yap, Pohnpei and
Palikir.
Endnote
1

Constitution, Article 5, Section 2: see http://www.fsmlaw.org/pohnpei/index.htm (accessed 12 January

2014).
2

See http://www.fsmlaw.org/yap/code/index.htm Chapter 4 of Title 5 of the Yap State Code, known as

"State Historic Preservation Act of 1989" (accessed 12 January 2014).
3

See http://www.fsmlaw.org/kosrae/code/index.htm (accessed 12 January 2014).

4

Nimeisa v. Department of Public Works, 6 FSM Intrm. 205, 209 (Chk. S. Ct. Tr. 1993) (accessed 12

January 2014).
5

See http://www.fsmlaw.org/chuuk/index.htm (accessed 12 January 2014).

6

See http://www.mehp.org/(accessed 12 January 2014).

7

See http://pidp.org/archive/2006/May/05-24-12.htm (accessed 12 January 2014).

8

No other northern Pacific Island country has ratified the 2003 ICH Convention, although the Philippines,

Indonesia, Fiji, Samoa, Tonga, Nauru, Vanuatu, and Papua New Guinea have ratified it.
9

See http://www.unesco.org/culture/ich/index.php?lg=en&amp;pg=00006 (accessed 7 January 2014).

References
Ayers, W., 1983. Archaeology at Nan Madol, Ponape. Bulletin of Indo- Pacific Prehistory
Association, Vol. 4:135-142.
Bailey, D.E., 2000. World War II Wrecks of the Truk Lagoon. North Valley Diver
Publications, Redding.
Craib, J. L., 1997. Truk Archaeology: An Intensive Archeological Survey of Pwené
Village, Dublon, Truk State, Federated States of Micronesia. Micronesian Resources
Study, United States National Park Service, San Francisco.
Carrell, T., 1991. Micronesia: Submerged Cultural Resources Assessment. Submerged
Cultural Resource Unit, National Park Service. Santa Fe.
Cunningham, L., Kranz, W., and Sikau, M., 2006. Restoring Traditional Seafaring and
Navigation in Guam. Micronesian Journal of the Humanities and Social Sciences, Vol.
5(1-2): 314-319, accessed at
http://marshall.csu.edu.au/MJHSS/Issue2006/MJHSS2006_119.pdf on 7 January 2014.

11

�Dixon, B., Gilda, L., and Mangieri, T., 2013. Archaeological Identification of Stone Fishweirs mentioned to Freycinet in 1819 on the island of Guam. Journal of Pacific History,
Vol.48 (4): 349-368.
Emslie, M., Jeffery, B., MacLeod, I., and Maynard, J., 2007.Chuuk Lagoon World War II
submerged sites: Earthwatch project report, July 30 to August 11 2007. Chuuk Historic
Preservation Office, Chuuk.
Gladwin, T., 1970. East Is a Big Bird: Navigation and Logic on Puluwat Atoll. Harvard
University Press, Cambridge.
Hezel, F., and Graham, C., 1997.Truk Underwater Archaeology. Micronesia Resources
Study. United States National Park Service, San Francisco Jeffery, B., 2003. War in
Paradise: World War II sites in Truk Lagoon. Chuuk Historic Preservation Office, Chuuk.
Jeffery, B., 2004a. World War II underwater cultural heritage sites in Truk Lagoon:
Considering a case for World Heritage Listing. International Journal of Nautical
Archaeology, Vol. 33 (1): 106-121.
Jeffery, B., 2004b. World War II sites in Chuuk, Federated States of Micronesia: A
survey of underwater and terrestrial sites. Chuuk Historic Preservation Office, Chuuk.
Jeffery, B., 2006. Federated States of Micronesia. In S. Dromgoole (Ed.), The
Protection of the Underwater Cultural Heritage: National Perspectives in light of the
UNESCO Convention 2001, MartinusNijh off Publishers, Leiden: 145-159.
Jeffery, W.F., 2007. War graves, munition dumps and pleasure grounds: A post-colonial
perspective of Chuuk Lagoon’s submerged World War II sites. Doctoral dissertation,
James Cook University, Townsville, http://eprints.jcu.edu.au/2068/
Jeffery, B., 2011. Rocks wrecks and relevance: values and benefits in maritime and
underwater cultural heritage. In M. Staniforth, Jennifer Craig, Sheldon Clyde Jago-on,
Bobby Orillaneda, Ligaya Lacsina (Eds.), Proceedings of the inaugural Asia-Pacific
regional conference on underwater cultural heritage, Asian Academy for Heritage
Management, Manila: 527-539.
Jeffery, B., 2012a. The future of Chuuk Lagoon’s submerged World War II sites. Bulletin
of the Australasian Institute for Maritime Archaeology, Vol. 36: 15-30.
Jeffery, B., 2012b. Report on Guam’s Maritime Archaeology Field Schools, 2009-2012.
Guam Preservation Trust, Guam.
12

�Jeffery, B., 2013. Reviving community spirits: furthering the Sustainable, Historical and
Economic role of fish weirs and traps. Journal of Maritime Archaeology, Vol. 8 (1): 2957.
Jeffery, B., Beger, M., MacLeod, I., Richards, V., Hengeveld, M., and Carpenter, J.,
2007.Guidelines in recording and monitoring the natural and cultural attributes of
submerged historic sites in the Federated States of Micronesia. National Historic
Preservation Office, Pohnpei.
Jeffery, B., and Drew, T., 2007.Report on Surveys of Submerged and Maritime
Archaeology Sites in Guam. Report for Guam Historic Preservation Office, Agana.
Jeffery, B., and Moran, V., 2007.Report on the development of Guam’s Submerged and
Maritime Archaeology sites databases. Guam Historic Preservation Office. Agana.
Jeffery, B., and Pitmag, W., 2010.The aech of Yap: A survey of sites and their histories.
Yap State Historic Preservation Office. Yap, Federated States of Micronesia.
Jennison-Nolan, J., 1979. Land and lagoon use in prewar Guam: Agat, Piti and Asan.
MARC Working Paper No. 15. Micronesian Area Research Center, University of Guam.
Kiste, R.C., 1999. A Half Century in Retrospect. In R. C. Kiste, and Mac Marshall (Eds.),
American Anthropology in Micronesia. University of Hawaii Press, Honolulu: 433-467.
Meller, N., 1998.‘The Congress of Micronesia’ in D. Hanlon Remaking Micronesia.
University of Hawaii Press.
Rainbird, P., 1993. Report on the Cultural Resource Management in the Coastal Area of
Chuuk Lagoon. Chuuk Historic Preservation Office, Chuuk.
Rainbird, P., 2004. The Archaeology of Micronesia. Cambridge University Press.
Cambridge.
UNESCO, 1999.Second World Heritage Global Strategy for the Pacific Islands Region,
Port Vila, Vanuatu (24 to 27 August 1999).
United States National Park Service (USNPS), 1989. Truk Lagoon Historical Park
Study. Draft Report for Federated States of Micronesia, State of Truk. Photocopy from
Micronesian Seminar, Pohnpei.

13

�Biography
Bill Jeffery has been working as a maritime archaeologist for over 30 years. Bill
formulated and coordinated a maritime heritage program for a state government agency,
Heritage South Australia from 1981-2001. He went onto working with the Federated
States of Micronesia National Historic Preservation Office and completing a PhD in
maritime archaeology at James Cook University. He is a consulting maritime
archaeologist to ERM Hong Kong, the CIE-Centre for International Heritage Activities
and the Hong Kong Maritime Museum and has implemented various types of
archaeological and heritage management programs in Australia, the Pacific Islands,
Hong Kong, Sri Lanka and various countries in Africa. He has conducted maritime
archaeology field schools with the Flinders University, University of Guam and James
Cook University in addition to teaching Nautical Archaeology Society (NAS) training
programs in nine different countries.

14

�</text>
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                  <text>The Pacific Ocean contains a wealth of underwater cultural heritage. Underwater sites in Oceania span human history from the Stone Age to the Atomic Age. Due to the cultural richness of underwater heritage in the region and its complex history, the protection of these sites is of high importance for the region. Moreover, the potential for sustainable tourism in partnership with diving industry has been attracting a growing attention.&#13;
The first UNESCO regional workshop on the Pacific underwater cultural heritage took place in December 2009 in Honiara, Solomon Islands. As possible steps towards building a capacity for managing UCH, participants at the workshop identified the following needs; systematic recording and maintenance of a database of submerged and underwater sites; exploring licensing activities directed at underwater sites; and developing a training and education programme for managers. The papers presented by experts at the workshop were compiled, edited and published as "Underwater Cultural Heritage in Oceania" in 2010.&#13;
Based on the recommendations made at the Honiara workshop, a Feasibility Study on Pacific Capacity Building Programme was prepared by Flinders University with UNESCO support. The Study recommends a possible capacity building programme to be hosted by the University of the South Pacific (USP) in Fiji. The launching of the Pacific Heritage Hub (PHH), a regional facility for knowledge management, capacity building and partnership building, at USP in 2013 presents an opportunity for the actual implementation of the capacity building programme. UNESCO is also exploring the possibility of organising regional and national consultations in the Pacific focusing on cultural policy development.&#13;
The objectives of the session are to:&#13;
&#13;
â€¢ Enhance understanding of characteristics of UCH in the Pacific.&#13;
&#13;
â€¢ Identify priority actions.&#13;
&#13;
â€¢ Foster partnership for regional and international cooperation.</text>
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                <text>Of all the United Nation member states, the Federated States of Micronesiaâ€™s (FSM) total land area is one of the smallest (191st out of 193 UN member states), yet the length of its coastline connecting its 607 islands ranks 21st in the world - after India and Chile. The people from the FSMare world-renown navigators and boat builders and they have developed and maintain many cultural practices, customs and legends associated with the sea. The FSM contains a variety of tangible heritage related to their traditional use of the sea and coast, material remains of foreign traders, pirates, colonial powers, and from World War II. This presentation will provide details about this significant heritage related to the sea and the FSMâ€™s recording and training programs, in context with the UNESCO Convention on the Protection of Underwater Cultural Heritage 2001, and the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage 2003.</text>
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                    <text>The Underwater Cultural Heritage of the Marshall
Islands; A Discussion of the Resources, the Legislation,
the Community, Protection and Preservation
Mary Jane Naone

Abstract
The unique underwater cultural heritage (UCH) of the Republic of the Marshall Islands (RMI)
remains a formidable challenge for management and preservation. The heritage includes
traditional sites such as important coral reef heads and Marshallese fish traps, the Japanese and
American signature of World War II in the Pacific, and the material evidence of nuclear testing at
Bikini Atoll. Last year, Bikini Atoll was inscribed as a World Heritage Site, and Kwajalein Atoll
remains a United States National Historic Landmark. Traditional sites continue to be used by
Marshallese navigators and fisherman. A widening circle of legislation informs management,
including the respective RMI and United States legislation, U.S. military regulations, and global
strategies for World Heritage management. Consultation and planning may require involvement
from landowners, Irooj (traditional chiefs), mayors, tour operators, developers, the military, local
cultural resource officers, and the governing agencies.
Geography and unreliable transport pose a challenge to preservation and protection. The 29
atolls and 5 islands are not easily reachable, requiring collaboration and creativity for survey and
monitoring. Threats to underwater cultural resources range from WWII wreck looting to ensuring
continued access for fisherman to traditional fish traps at a proposed surf resort. The value of
historic preservation often competes with development interests and the immediacy of economic
need.
This paper is a discussion of the ways that the Historic Preservation Office approaches the
vastness, multiplicity of legislation, range of stakeholders, and challenges that are associated
with preservation and protection of the UCH in the Republic of the Marshall Islands. First I
present an overview of the geography and the resources, followed by discussion of the various
legislation and our actions to address the challenges and build capacity to protect and preserve
the UCH in the Marshall Islands.

Geography
A discussion of the preservation of the UCH of the Marshall Islands must begin
with an understanding of the vastness of the country. The Marshall Islands are
approximately 5000 miles southeast of Japan, and halfway between Hawaii and
Australia. The two chains of atolls and islands that make up the Marshall Islands
are traditionally referred to as the Ralik (eastern) and the Radik chain (western).
The northwestern atolls were traditional known as Kabin Meto, or the “far
reaches of the sea” or “bottom of the sea” (National Biodiversity Team 2000:1011).
While the land mass of the 29 coral atolls and 5 islands totals an area of
70 square miles, the Exclusive Economic Zone that differentiates the waters
surrounding the archipelago from the rest of Micronesia covers 750,000 square
miles. Dry land forms less than 1% of the country’s area. There are 1,225

�individual islets and islands that make up the Marshall Islands, and amongst the
atolls, a total lagoon area of 4,507 square miles. Of these, Kwajalein Atoll is the
largest atoll (and largest in the world) with a lagoon area of 839 square miles and
a land area of about 6 square miles (National Biodiversity Team 2000:11). Due to
its remote location and large lagoon, Kwajalein is leased by the United States
government for use as a military base and ballistic missile testing site.

Resources
The Marshallese are internationally regarded as skilled navigators, peopling the
remote atolls after traveling great distances in outrigger canoes reading the
swells, ocean currents, and the weather. Traditional sites demonstrate this
intimacy with the ocean and include coral reef heads featured in bwebenwato
(storytelling), mo, and the fish traps that are still in use today. Marshallese Irooj
(chiefs) set aside land, lagoon, and ocean areas as mo, off limits for harvesting
or fishing – this allowed depleted resources to recover before the area was used
again, ensuring sustainability. The vast cultural landscape of the country includes
these natural resources that have roles in bwebenwato (storytelling), the
components of travel (swells, weather) and the basis of survival (healthy
biodiversity and the coral reef).
In the 14th century, Spanish wayfarers voyaged into Micronesia, and
although they didn’t occupy the lands, claimed “discovery” of several of the atolls.
They were followed intermittently throughout the 1500s – 1700s by more
Spanish, British, and Dutch ships. British Captain William Marshall, commander
of the Scarborough and Thomas Gilbert of the Charlotte are credited for
discovering the Marshall Islands in 1788.
In 1885 the Marshall Islands became a protectorate of Germany which
lasted until 1914. After the outbreak of WWII in Europe, the Japanese
succeeded Germany in administration of the Marshalls, and sought to develop
Micronesia economically and to begin fortification of the islands in preparation for
WWII in the Pacific.
The Japanese fortified Kwajalein, Jaluit, Maloelap, Mili, and Wotje in the
1930s, relocating the residents to other atolls. In 1937, the famous American
aviator, Amelia Earhart, and her navigator, Fred Noonan, disappeared on a
trans-Pacific flight, and one theory placed her in the Marshalls (Roach 2003).
World War II started in 1941 and the United States gained supremacy in
the Pacific, conquering Kwajalein, Majuro and Enewetok Atolls within one month.
The U.S. fortified Kwajalein and Enewetok, and took over trusteeship of the
Marshall Islands in 1944.
The UCH of the Marshall Islands includes the material signature of the
events of World War II. Sunken ships and airplanes characterize the war torn
atolls and undoubtedly extend beyond our current scope of investigation. A
recent survey of Ujae Atoll, arguably removed from the main areas of WWII
activity, revealed an intact Catalina B-5 bomber, typically used for scouting,
sunken in the lagoon. Kwajalein Atoll has an extensive underwater WWII story,
characterized by new finds in addition to the prestigious wrecks long explored.

�The event that placed the Marshall Islands in the global consciousness
came after the war. Following the takeover, the United States detonated 23
thermonuclear weapons in the Marshall Islands. Chosen for its remote location,
the United States assembled WWII Japanese and U.S. warships into Bikini
Atoll’s lagoon, fortified the atoll with bunkers, and relocated the Bikiniians to
neighboring atolls in an epic and unforgettable agreement that they were leaving
their homeland “for the good of all mankind and to end all world wars” (Baker and
Niedenthal 2009:33) During the first peace time test of an atomic bomb, the
fallout from the tests effectively radiated hundreds of Marshallese, Japanese
fisherman, and military servicemen.
Due to its outstanding universal value, Bikini Atoll was inscribed as a
World Heritage Site in July of last year (2010). Bikini Atoll represents the nuclear
age, the introduction of fallout, the first peacetime atomic tests, and serves as an
illustration of nuclear colonialism. Bikini testing marked the beginning of the Cold
War and motivated a global anti-nuclear movement in the second half of the
twentieth century, including the signing of the “Suginami” petition in Japan after a
radiated fishing boat distributed radiated tuna into the markets.
The UCH of Bikini stands as a testament to the nuclear testing. In the
Bikini Atoll lagoon ten sunken vessels remain from the tests from the U.S.
Saratoga, which features Helldiver planes and an Avenger torpedo bomber on
her deck, to the Nagato, a Japanese flagship that assisted in the operation at
Pearl Harbour (Baker and Niedenthal 2009:21). The collection of testing targets
represents over thirty years of naval design and development of which most of
the ships had prestigious roles in WWII prior to the testing (Delgado et al.,
1991:143).

Legislation
The legislation governing the UCH in the Marshall Islands reflects the variety of
resources, origin, and ownership. The Historic Preservation Act of 1991 and the
Regulations Passed Pursuant to the Act mandate cultural resource management
within the country. In addition, United States funded activities in the Marshall
Islands are governed by the U.S. National Historic Preservation Act. The United
States Army at Kwajalein Atoll (USAKA) has three governing documents, and the
Bikini World Heritage Site is managed with deference to the recommendations of
the World Heritage Committee. The Historic Preservation Office (HPO) which is
housed in the building of the Ministry of Internal Affairs1 works with the local
governments, the USAKA, the U.S. National Park Service, and Bikini Atoll Local
Government and Management Committee to implement the legislation protecting
submerged resources.
The HPO implements the diving permitting procedure in the legislation
(Spennemann 1992:85). Visitors traveling to outer islands must get an Outer
Island Entry Permit from the Local Government office. The Local Government
1

The Ministry of Internal Affairs (IA) is a branch of the federal government located in the RMI capitol,
Majuro. IA houses the local government office, women’s services, child advocacy, and the Historic
Preservation Office.

�office in the capitol of Majuro is in contact with the local governments on the
outer islands and serves as a hub for communication.
Once the visitors obtain an Outer Island Entry Permit and pay a fee to visit
the islands (atolls) they wish to visit they are sent to the HPO to obtain a diving
permit. The diving permit is $50USD for individuals and they must be certified
divers. The permit contains information about the UCH and serves as an
agreement that the diver is aware of the legislation protecting the UCH and will
abide by it. Snorkelers are also subject to the agreement. We provide the radio
station with the names of the visitors and their activities which are then radioed to
the respective atolls. As the diving permit is tied to the Outer Island Entry Permit
it ensures accountability to the local government about the visitor(s)’s activities.
Due to the breadth of the country the HPO trains Cultural Resource
Officers from the outer atolls to assist with the implementation of the legislation.
The Mayors of the outer atolls appoint the Cultural Resource Officers who may
report back to the HPO should there be problems with visitors and diving.
Additionally, the HPO issues Dive Tour Operator Affidavits which place the
tour operator as monitor of the responsible party for implementation of the
legislation. The dive tour operator pays $150USD annually for the permit to
operate dive tours and the HPO provides historic preservation education to the
dive masters and employees of the dive tour operation.
The USAKA operates according to the Environmental Standards and
Procedures for U.S. Army at Kwajalein Atoll Activities in the Republic of the
Marshall Islands (UES) which was enacted in 1995 and are reviewed every two
years. The three regulatory documents, the UES, the Document of
Environmental Protection (DEP) and the Historic Preservation Plan (HPP)
provide the basis for the cultural management on Kwajalein Atoll. The Army has
also released policy CR 200-4, which prohibits looting and artifact collection on
Kwajalein.
Roi Namur and Kwajalein Island were listed as U.S. National Historic
Landmarks in 1985 but the boundaries of the listing have to be clarified to assess
the designation’s effect on the protection of UCH. USAKA representatives have
maintained that the designation became null in recent years. The issue remains
unresolved and is currently in consultation.
In 2002 the Marshall Islands accepted the Convention Concerning the
Protection of the World Cultural and Natural Heritage. This is an international
treaty that binds the RMI to an agreement to promote and protect cultural and
natural heritage. Following Bikini Atoll’s inscription as a World Heritage Site in
2010 the RMI is responsible for managing the site in accordance with the general
objectives of the Convention, and periodic reporting provides an opportunity to
cooperate with the World Heritage Committee to ensure the policies and aims of
the Convention are being met.

Challenges
There are several factors that render the UCH vulnerable and present challenges
to its protection: unsurveyed and unmapped resources, limited staffing, limited

�monitoring, military security, foreign development, and the question of economic
and/or resource benefit(s) of underwater resources to visitors and islanders.
Additionally, the rising sea levels and eroding shorelines have introduced new
resources into the ocean and produced concerns about ownership into the future.
An accurate assessment of the UCH within the 750,000 square miles of
the country is still beyond our reach. Of the 29 atolls and 5 islands, 12 remain to
be surveyed by the HPO for cultural resources. Underwater surveys have been
conducted at Wotje, Maloelap, Bikini, Jaluit, Mili, and Majuro. Like our
Micronesian neighbors the remote reaches of the country belie monitoring. While
our administrative procedures for diving activities ensure education and
communication between the capitol city and outer islands. Implementation of our
laws is subject to visibility and reporting.
The HPO is responsible for conducting survey and inventory and funded
by the U.S. National Park Service (NPS). Staff capacity is limited and funding can
be delayed pending grant reporting. The professional staff are contracted for two
years. The office has seen considerable delays in hiring, causing a gap in
implementation of the legislation as well as progress towards realizing the extent
of the UCH.
Looting remains a problem on the military base of Kwajalein. Limited
capacity within the RMI local government office on Ebeye, military security, and a
poor understanding of the conditions of the wrecks over time have impeded our
office’s efforts to investigate complaints. Complaints from divers on Kwajalein
have been anonymous for fear of backlash. The HPO has attempted to enlist the
Kwajalein Scuba Club to provide monitoring information but questions of
ownership over the wrecks and the lagoon as well as the disbelief that there is
“anything left” to strip have led to an impasse. The recent dismantling of a rare
aircraft below legal dive limits and a formal complaint with “before” and “after”
photographs has heightened RMI action; leading to a government to government
cooperation to address the problem through legislation and investigation.
Foreign development poses a new challenge to the UCH. Many
developers simply don’t “see” the resource as a national heritage and RMI’s
strong land ownership rights can impede implementation of the legislation. A
recent development proposal for a surf resort on the outer islet of Berang, in
Ailinglaplap Atoll, included leasing the water surrounding the islet for exclusive
use by the developer. However, neighboring islanders have frequented the area
for fishing, and the northern shore of the islet features historic, possibly
prehistoric, fish traps (Wright 2011:31).
During consultation with the RMI Environmental Protection Agency, we
questioned whether the waters of the RMI can be leased due to the Public Lands
Act, which stipulates that “all marine areas below the high watermark are the
property of the RMI government”.2 Exclusive use of the waters surrounding
Berang Islet requires negotiation with the federal government and a special
permit should be sought. In the event that a permit of this type is sought, the
2

www.rmicourts.org - Search Public Lands and Resources Act, pdf, Chapter 1, Public
Lands, Section 103.

�Historic Preservation Office will request that Ailinglaplap residents may continue
to use the traditional fish traps as it is an established traditional cultural site
protected by the Historic Preservation Act. The power of landowners to make
agreements regarding their land and shorelines may conflict with historic
preservation measures, and requires careful negotiation to ensure protection of
the resource.
The interconnectedness of natural and cultural resources should inform
protection. In the above example concerning Berang Islet, the developer
questioned whether the traps were anything more than “natural reef lines”. The
Marshallese have traditionally utilized natural reef formations as traps, abridging
the formations by stacking additional reef rock or closing off an area. These
areas may not be recognizable as a cultural resource to foreigners.
Traditional sites in the Marshall Islands are defined as the “sites,
landmarks and locations to which oral traditions of the indigenous people of the
Marshall Islands are attached” (Spennemann 1992:13). As all traditional sites
are significant according to the legislation the sites qualify for eligibility to the RMI
National Register. Traditional sites include landmarks assisting with navigation,
coral reef heads, sacred areas, and traditional sites.
Much of the success in the implementation of the legislation regarding the
preservation of UCH depends on the investment of Marshallese citizens as it is
difficult to inscribe value to historic underwater resources without a recognizable
impetus or economic stimulus. Throughout the Marshall Islands WWII artifacts
have been reused as household and technical implements; to a lesser degree
the same is true for the underwater WWII heritage (Spennemann 2006: 272).
However, growing recognition of the benefits of visitors and preserving
destinations for cultural tourism as well as education about historic preservation
may deter future looting of the wrecks for household use.
The future of the UCH will likely meet more government to government
relations as climate change and rising sea levels affect atolls throughout the
Pacific Ocean. Shoreline graves have been eroding into the lagoon and ocean
for years. Predictions that the atolls will be underwater in the not-so-distant future
necessitate discussion about mitigating effects to shoreline resources. There
may also be questions of ownership of the UCH should the land they are
governed by become submerged.

Capacity Building
The HPO has addressed many of the challenges to preservation by collaborating
with those close to the resources. This includes landowners, divers, snorkelers,
fishermen,
the
scuba
club,
local
governments,
and
others.
Given the remote reaches of the country and the limited capacity to implement
corrective measures for violations of the legislation, the HPO emphasizes
education and networking.
We work with dive operations to request status reports of the underwater
heritage. Most tour operators and dive clubs maintain that stripped wrecks are
bad for business and make for a compromised experience. We are attempting to

�enlist the Kwajalein Scuba Club to assist with monitoring of the wrecks and
provide education to divemasters at Bikini Atoll. Bikini Atoll Local Government
has recently allowed diving at the World Heritage Site and manages the
exclusive tour operation activities by requiring two Bikiniian live aboard monitors,
a divemaster in the water, and a monitor on deck of the charter boat to watch the
divers as they get on and off the boat. The HPO is creating an educational dive
brochure to distribute when issuing dive permits, and to provide to the Marshall
Islands Visitors Authority.
The RMI Advisory Council of Historic Preservation (ACHP) provides
support to RMI HPO in protection of the heritage. For the past year the HPO has
addressed complaints about looting on the military base at Kwajalein. The RMI
ACHP, featuring government officials from various ministries, the Council of Irooj,
and local non government organizations (NGOs) provides the official support to
engage RMI high level officials in government to government relations. The
support of the ACHP ensures cultural resource issues are taken seriously.
We also consult with natural resource managers and educators at monthly
Coastal Management Advisory Committee (CMAC) board meetings, and
collaborate on potential surveys and projects. CMAC features representatives
from the Environmental Protection Agency, Marine Resources Authority, non-forprofit conservation, and others. Meeting with CMAC affords the opportunity to
build capacity by sharing resources and training as well as to collaborate on
understanding the multifaceted impacts of development projects and resource
exploitation. The HPO stays abreast of natural resource protection measures and
maintains relationships with the stakeholders. Earlier this year HPO staff
attended the workshop “Marshall Islands Comprehensive Legislative Review”, as
the Marshalls are part of Western and Central Pacific Fishing Commission
(WCPFC) and used the opportunity to request insertion of language about
protection of the underwater cultural resource.
Given recent local, national and international collaboration we remain
optimistic, while it is clear that there are formidable challenges facing effective
protection of the important underwater resources of the RMI. Building
relationships with the stakeholders and emphasizing education about historic
preservation on the outer atolls builds cooperation and capacity. The inscription
of Bikini Atoll as a World Heritage Site has opened discussions about protection
of the resources at Bikini World Heritage Site and throughout the country. As the
field of maritime archaeology expands globally the UCH of the Marshall Islands
will continue to gain exposure for its uniqueness and importance. Using creativity
and collaboration the HPO will continue its mission of the documentation and
protection of the underwater sites recognized as important resources to the
cultural history of the Marshall Islands.

�Bibliography
Baker,
N.
and
Niedenthal, J.,
2009
Delgado, J.P., Lenihan,
D.J. &amp; Murphy, L.F.,
1991

Delgado, J. P.,
1996
Finney, S.,
2007

National Biodiversity
Team,
2000
Neidenthal, J.,
2002
Roach, J.,
2003

Spennemann, D.,
1992
Spennemann, D.,
1998

Spennemann, D.,
2000
Spennemann, D.,
2006

Spennemann, D.,

Bikini Atoll: Nomination by the Republic of the Marshall
Islands For Inscription on the World Heritage List
Majuro, 2010.
The Archaeology of the Atomic Bomb: A Submerged
Cultural Resources Assessment of the Sunken Fleet
of Operation Crossroads at Bikini and Kwajalein Atoll
Lagoons, Republic of the Marshall Islands. Santa Fe,
N.M: US Department of the Interior,National Park
Service, Submerged Cultural Resources Unit. Note:
an online version can be found at
http://www.nps.gov/history/history/
online_books/swcrc/37/contents.htm
Ghost Fleet: The Sunken Ships of
Bikini Atoll University of Hawaii Press,
Honolulu.
Phase Two Survey and Inventory of
Submerged Cultural Resources in
Portions of Maloelap Lagoon, Republic
of the Marshall Islands, HPO Report,
Majuro.
The Marshall Islands – Living Atolls
Amidst the Living Sea. Santa Clarita,
Ca: St. Hildegard.
For the Good of All Mankind; A History
of the People of Bikini and their
Islands. Bravo Publishers, Majuro.
Where is Amelia Earhart? Three Theories National
Geographic
News
http://news.nationalgeographic.com/news/2003/12/121
5_031215_ameliaearhart.html
Republic of the Marshall Islands Historic Preservation
Legislation. Majuro: Ministry of Internal &amp; Social
Affairs, Historic Preservation Office.
Essays on the Marshallese Past Second Edition.
Albury: URL:
http://life.csu.edu.au/marshall/html/essays/es-arc
1.html.
Freshwater Lens, Settlement Patterns, Resource Use
and Connectivity. Albury: URL:
http://life.csu.edu.au/marshall/mile.html.
Freshwater Lens, Settlement Patterns, Resource Use
and Connectivity in the Marshall Islands Transforming
Cultures eJournal, Vol.1 No.2, June 2006
http://epress.lib.uts.edu.au/journals/TfC
Examples of Adaptive Re-Use of World War II

�2006
Tobin, J.,
1952
Williamson, R.V.,
2001
Wright, M.J.,
2011

Artefacts in Micronesia Micronesica Vol.5 n.1/2.
pp.269-285.
Land Tenure in the Marshall Islands. Atoll Research
Bulletin 11.
The Challenge of Survey and Site Preservation in the
Republic of the Marshall Islands. Cultural Resource
Management 24: 44-45.
An Inventory of Archaeological Resources on Berang
Islet, Ailinglaplap Atoll, Republic of the Marshall
Islands. HPO Report 2011/01. Majuro Atoll, Republic
of the Marshall Islands: Historic Preservation Office.

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Pacific Islands region: Building UCH Capacity</text>
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                <text>The unique underwater cultural heritage (UCH) of the Republic of the Marshall Islands (RMI) remains a formidable challenge for management and preservation. The heritage includes traditional sites such as important coral reef heads and Marshallese fish traps, the Japanese and American signature of World War II in the Pacific, and the material evidence of nuclear testing at Bikini Atoll. Last year, Bikini Atoll was inscribed as a World Heritage Site, and Kwajalein Atoll remains a United States National Historic Landmark. Traditional sites continue to be used by Marshallese navigators and fisherman. A widening circle of legislation informs management, including the respective RMI and United States legislation, U.S. military regulations, and global strategies for World Heritage management. Consultation and planning may require involvement from landowners, Irooj (traditional chiefs), mayors, tour operators, developers, the military, local cultural resource officers, and the governing agencies.&#13;
&#13;
     Geography and unreliable transport pose a challenge to preservation and protection. The 29 atolls and 5 islands are not easily reachable, requiring collaboration and creativity for survey and monitoring. Threats to underwater cultural resources range from WWII wreck looting to ensuring continued access for fisherman to traditional fish traps at a proposed surf resort. The value of historic preservation often competes with development interests and the immediacy of economic need.&#13;
&#13;
     This paper is a discussion of the ways that the Historic Preservation Office approaches the vastness, multiplicity of legislation, range of stakeholders, and  challenges that are associated with preservation and protection of the UCH in the Republic of the Marshall Islands. First I present an overview of the geography and the resources, followed by discussion of the various legislation and our actions to address the challenges and build capacity to protect and preserve the UCH in the Marshall Islands.&#13;
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