07 NCAC 04R .1008. OWNERSHIP AND DIVISION OF RECOVERED ITEMS

All abandoned shipwrecks and underwater archaeological artifacts recovered in the waters of the State of North Carolina shall belong to the State of North Carolina.  Such underwater archaeological artifacts as are recovered under proper permit may be granted, in whole or in part, to the permittee as proper compensation for his efforts in recovering such objects and the title to and ownership of these objects then is transferred to that permittee.  Determination of which of the recovered objects will be granted to the permittee will be made by the Department acting in the best interests of the state and giving due consideration to the fair treatment of the permittee.  The terms of the division are to be expressed as a percentage, and the percentage of the state's share and the percentage of permittee's share shall be stated on the permit at the time of its issuance.  All recovered artifacts shall be placed and retained in safekeeping.  The place or places of safekeeping shall be approved by the secretary or a duly authorized agent of the Department.  At the time of the division of items that have been recovered by those having permits for salvage with the Department there shall be present such member or members of the staff of the Department of Cultural Resources as the Secretary of the Department of Cultural Resources shall deem necessary and appropriate.

 

History Note:        Authority G.S. 121‑23; 121‑25;

Eff. February 1, 1985;

Amended Eff. June 1, 1989.