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Strong, 1999; Prott et al. 2000; Strati, 1999; UNESCO, 1995). This chapter will discuss the different viewpoints of the various interested parties and give examples of the different types of legislation that have been applied.
Let’s start at the extreme end with the non-archaeology, or the profit- motivated approach to archaeological sites taken by the treasure hunter. A sort of mythology has developed around treasure hunting, perhaps arising from the terrestrial treasure hunter of the last century and the beginning of this one, the Indiana Jones-type who has now disappeared. Today, under- water archaeology is one of the few places where this type of activity can still be practiced. A typical quotation from an author writing about an underwater treasure hunter (M. Hatcher) is:
Unfortunately many archaeologists refuse to work with salvage companies. They find their concern with profit unattractive: if they had their way no trea- sure would be sold off for commercial gain, only saved for posterity in museums. Hatch [Hatcher] has had to become a diplomat to deal with the enemies of his profession. He says he has to balance the demands of the archaeologists with his loyalty to his financial backers and the men that work for him. But in the end he holds the trump cards. It is only his bravery and initiative that makes the finds possible. Unless he can dispose of any valuables he recovers on the market, he will not continue. And there will be fewer breakthroughs in underwater archae- ological knowledge (Thorncroft, 1987).
On the other hand, archaeologists such as Professor George Bass lament the inroads the professional treasure hunter has made into archaeological cultural heritage. Bass (1985) wrote a spirited attack on the “treasure hunter” mentality by responding in a letter to a large number of the trea- sure hunters’ claims against archaeologists. His letter was in support of the U.S. Senate bill which was designed to provide protection of historic ship- wrecks, structures, and artifacts located on the seabed or in the subsoil of the lands beneath waters of the United States. Bass (1985) writes:
Treasure hunters have been called in the press good underwater archaeolo- gists, more competent than many professional archaeologists with university degrees. [Bass argues] Who would go to an amateur dentist? What is the differ- ence between an amateur archaeologist and an amateur brain surgeon?. . . . [the treasure hunters claim] There are thousand of shipwrecks, enough to go around. Why should archaeologists have them all? [Bass’ reply is] There are thousands of land sites. Why not give most of them to pot hunters? Why not let some “free- enterprise” treasure hunters have some Egyptian pyramids and half the classi- cal temples on earth—there are plenty to go around.
Because treasure hunters’ motives are to find treasure in order to make money, any legislation that would restrict this practice is an anathema to them and this is why they loath the UNESCO Convention on the Protec- tion of Underwater Cultural Heritage. There is no doubt that some have an interest in archaeology, but in many cases this is simply a method of