## Facts

- Sea Hunt, Inc., a marine-salvage company, received permits from Virginia to search for and salvage historic shipwrecks off Virginia’s coast.
- Sea Hunt located wreck sites believed to be two Spanish naval vessels: *La Galga* (lost in 1750) and *Juno* (lost in 1802 with significant loss of life).
- Sea Hunt filed an in rem admiralty action seeking a declaration that the wrecks were abandoned and therefore owned by Virginia under the Abandoned Shipwreck Act (ASA), and recognition of Sea Hunt’s exclusive salvage rights under its state permits.
- The district court arrested the wrecks and initially granted Sea Hunt exclusive salvage rights subject to notice to Spain and the United States.
- Spain appeared and asserted continuing sovereign ownership of both vessels as warships, denying abandonment and refusing authorization for salvage.
- The district court held Spain abandoned *La Galga* (based on an 1763 treaty), but did not abandon *Juno*; it barred salvage of *Juno* absent Spain’s consent.
- Spain appealed regarding *La Galga*; Sea Hunt and Virginia appealed regarding *Juno*.

## Issues

1. What standard of proof governs whether a foreign sovereign has abandoned a sunken warship.
2. Whether Spain expressly abandoned *La Galga* or *Juno*, including by treaty provisions or historical conduct.
3. Whether the ASA vested title in Virginia if the wrecks were “abandoned shipwrecks.”
4. Whether the law of finds or salvage permits private salvage of sovereign warships without the flag state’s consent.

## Decision

- The Fourth Circuit held that abandonment of a foreign sovereign warship requires clear and convincing evidence of an express abandonment; lapse of time, silence, or neglect is insufficient.
- The court found no express abandonment of *La Galga* in the 1763 treaty and reversed the district court’s abandonment ruling as to that wreck.
- The court agreed there was no abandonment of *Juno* and affirmed the district court’s ruling as to that wreck.
- Because Spain retained title, the ASA did not transfer ownership to Virginia, and Sea Hunt’s Virginia permits could not authorize salvage.
- The court held the wrecks were not subject to the law of finds and were not subject to involuntary salvage; salvage required Spain’s authorization.
- Disposition: Sea Hunt was denied salvage rights as to both wrecks.

## Legal Principles

- A foreign sovereign’s sunken warship remains the property of the flag state unless there is clear and convincing evidence of an express abandonment.
- Territorial cessions and general treaty provisions do not constitute abandonment of sovereign warships absent explicit language renouncing ownership.
- The ASA transfers title only to “abandoned shipwrecks” as defined by the statute; it cannot be used to divest a foreign sovereign of warship title by implication.
- Sovereign warships are not subject to the law of finds absent abandonment, and they are not subject to involuntary salvage when the sovereign owner withholds consent.

## Conclusion

The Fourth Circuit required clear and convincing proof of an express abandonment to defeat Spain’s title to its sunken warships, rejected treaty-based arguments for implied abandonment, held the ASA inapplicable because the wrecks were not abandoned, and barred Sea Hunt from salvaging either wreck without Spain’s authorization.


Sea Hunt, Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634 (4th Cir. 2000)