Northeast Research, LLC v. One Shipwrecked Vessel, 729 F.3d 197

Northeast Research (finder) discovered an intact early-19th-century wooden schooner (the “Dunkirk Schooner”) in ~170 ft of Lake Erie on submerged New York land and filed an in rem admiralty action seeking title or salvage compensation.
New York intervened asserting title under the Abandoned Shipwreck Act (ASA), the Submerged Lands Act, and state law; the State issued an excavation permit to Northeast for 2008 with conditions.
Archaeological work recovered artifacts (coins dated through 1834, grain, hickory nuts) and human remains; experts disputed the wreck’s identity (Northeast: possibly the Caledonia/General Wayne; State: an unnamed 1830s merchant schooner).
New York moved for summary judgment asserting the wreck is abandoned under the ASA so title vests in the State; magistrate and district courts found abandonment proven by clear and convincing circumstantial evidence and denied Northeast a salvage award.
Key factual bases for abandonment finding: >150 years without any salvage efforts by owners or descendants, spoilable cargo and vessel age reducing economic incentive to recover, and lack of reliable proof of continuing ownership despite a descendant assignment offered by Northeast.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standard of proof for abandonment under the ASA	Northeast: unclear; urged against heightened standards	New York: abandonment must be shown by clear and convincing evidence	Court: clear and convincing evidence required
Whether abandonment must be express or may be inferred	Northeast: disputed inference here; emphasized unresolved identity and possible secrecy (Underground Railroad)	New York: abandonment may be inferred circumstantially (no owner activity for 150+ years)	Court: abandonment may be inferred from strong circumstantial evidence
Whether the Dunkirk Schooner is abandoned	Northeast: vessel may be General Wayne and owners/descendants (via Mays assignment) retain interest; technological infeasibility earlier undermines inference	New York: long lapse, lack of recovery attempts, spoilable cargo, and absence of owner claims show abandonment	Court: State proved abandonment by clear and convincing evidence; Mays assignment insufficient to create a triable fact
Effect of ASA on salvor rights and jurisdiction	Northeast: relied on Deep Sea Research for protections until salvage completed	New York: ASA vests title in State if abandonment proven; Eleventh Amendment not a bar here	Court: Eleventh Amendment not a barrier; ASA displaces salvage/finds if abandonment shown; Northeast not entitled to salvage award

California v. Deep Sea Research, Inc., 523 U.S. 491 (Sup. Ct. 1998) (ASA abandonment meaning aligns with admiralty; Eleventh Amendment jurisdictional guidance)
Fairport Int’l Exploration, Inc. v. Shipwrecked Vessel, 177 F.3d 491 (6th Cir. 1999) (state may prove abandonment by inference; clear-and-convincing standard applied)
Sea Hunt, Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634 (4th Cir. 2000) (clear-and-convincing standard for abandonment under ASA; inferences allowed when no owner appears)
Columbus-Am. Discovery Group v. Atlantic Mutual Insurance Co., 974 F.2d 450 (4th Cir. 1992) (presumption against abandonment; discussion of law of finds vs. salvage)
Martha’s Vineyard Scuba Headquarters, Inc. v. Unidentified, Wrecked & Abandoned Steam Vessel, 833 F.2d 1059 (1st Cir. 1987) (law of finds applied to long-lost wrecks; abandonment inferred where time erodes realistic ownership claims)
Dluhos v. Floating & Abandoned Vessel, Known as "New York", 162 F.3d 63 (2d Cir. 1998) (courts do not assume abandonment simply because a vessel wrecked; presumption against abandonment)