Mexican Government deny Odyssey Marine Exploration Inc. rights to examine 17th Century shipwreck

On the 14th October 1631 the annual fleet of Phillip IV sailed from Villa Rica de la Vera Cruz to Spain. The 19 ships, incluing the Nuestra Senora del Juncal, were transporting a precious cargo collected in the New Spain. The Nuestra Señora del Juncal, capitana of the fleet, had become separated from the other ships due to a broken mainmast. Caught in a Norte (strong northerly wind), the crew attempted to reach the safety of Campeche when the ship was overcome and foundered. She was reputed to have sunk approximately 150 kilometers west of Campeche. Most of the ships were wrecked taking the lives of hundreds of sailors. This accident left a mark on Mexican history as one of the worst tragedies in Mexican waters.

In 1995 Mexico's National Institute of Anthropology and History (INAH) began an investigation in Mexican, Cuban and Spanish archives regarding strategic points in colonial navigation systems, named "La Flota de Nueva Espana: Vicisitudes y naufragios 1630-1631". A book, coordinated by ethnohistorian Flor Trejo, was published in 2003 setting out the trials and tribulations of this 17th Century voyage to Spain.

Mexico ratified the U.N.E.S.C.O. Convention on the Protection of Underwater Cultural Heritage 0n the 5th July 2006. The Mexican Government through its National Institute of Anthropology and History clearly wish to enforce the sentiment and regulations of the 2001 Convention which came into force on 2nd January 2009.

Underwater Cultural Heritage is defined in Article 1 of the 2001 Convention as follows:

"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 such as:
(i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context;
(ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and
(iii) objects of prehistoric character.
(b) Pipelines and cables placed on the seabed shall not be considered as underwater cultural heritage.
(c) Installations other than pipelines and cables, placed on the seabed and still in use, shall not be considered as underwater cultural heritage."

In New Mexico on the 18th February, the requests of the North American company Odyssey Marine Exploration Inc. to examine a shipwreck near the Mexican coast were finally officially rejected by the National Institute of Anthropology and History (INAH), as part of its mission of safeguarding submerged heritage.

Maria Villarreal, INAH Legal Affairs national coordinator, explained that requests presented in 2006 and 2008 to Navy Ministry and Public Education Ministry by Odyssey Marine Exploration Inc. were rejected since the beginning. “Presented projects do not fulfill Mexican archaeological research normativity”, she stated.

"Both Odyssey Marine Exploration Inc. requests are related to the Nuestra Señora del Juncal Admiral ship, which was part of the New Spain fleet, and wrecked in 1631 in Campeche Sound; this ship has always being target of bounty hunters.

The project sent to the Public Education Ministry by the company based in Tampa, Florida, does not have investigation objectives nor counts with archaeological or academic institutions’ support; and without fulfilling these conditions, it is not possible to authorize it."

Archaeologist Pilar Luna Erreguerena, INAH Submerged Archaeology Sub Direction officer declared that Mexico has international prestige regarding the care of submerged cultural heritage, besides counting on legal instruments to protect it.“Since the 1970’s decade the Institute has denied several national and foreign requests (more than 30) to explore shipwrecks in Mexican waters. These requests pretend to recover important cargo consisting on gold, silver and precious stones for their economic value, arguing it is not historical. This is a misconception”.

The archaeologist went on to state, “A ship is a time machine: all the material is historical and archaeological. The United Nations Educational, Scientific and Cultural Organization (U.N.E.S.C.O.) Convention on the Protection of the Underwater Cultural Heritage defines which goods fall into this category. The Federal Law on Archaeological, Artistic and Historical Monuments and Zones regulates related investigations in Mexico, including those conducted in Mexican waters, up to 200 nautical miles from the coast.

Associated Press have reported INAH's view of the proposal by Odyssey Marine Exploration Inc. "is not intended to conduct research and does not have the approval of archaeologists or an academic institution of recognized prestige," the Institute said. Odyssey Marine chairman Greg Stemm said in a statement that "the proposal presented to Mexico for archaeological services is in compliance with the U.N.E.S.C.O. Convention and would keep all cultural artifacts together in a collection."

In concluding, Ms Pilar Luna stated "these rules [U.N.E.S.C.O. Convention 2001] ban commercial use of submerged cultural heritage, preventing negotiations between nations and bounty hunters”. The thrust of the Mexican archaeologist's latter comment is echoed in Article 2 (7) of the 2001 Convention which declares "Underwater cultural heritage shall not be commercially exploited".

This statement is a clear signal to commercial wreck hunters and the unambiguous nature of the INAH and Mexican Government's policy does not dwell or refer to the potential gain involved in the investigation and plundering of such a wreck. Their approach represents one which is in stark contrast to the uncertainty and lack of clarity associated with the recent discovery of the H.M.S. Victory by Odyssey Marine Exploration.