BY PAUL CLANCY, The Virginian-Pilot In what could become a contest between Virginia and a foreign government, Spain has laid claim to two offshore shipwrecks, saying it never abandoned them. It is the first time Spain has made such a claim in 500 years of sending ships to the New World and losing hundreds of them. It's a move that could affect all coastal states. Under a 1987 law, Congress gave states title to all wrecks within three miles of their coasts. And yet Spain, after prompting by Justice Department and National Park Service officials, has asserted ownership of the Juno and La Galga, two long-lost ships that may lie just beyond the breakers at Assateague National Seashore. ``I would like to inform you that the Spanish Authorities are very interested in closely following any operations that might affect these vessels,'' Rafael Conde, the deputy chief of the Spanish Embassy, said in a letter to the Park Service. ``Both are the property of Spain and were commissioned by the Spanish Navy and therefore were at all moments Spanish warships.'' Citing this letter, the Park Service asked the Virginia Marine Resources Commission to suspend its permits. But the commission says it has no intention of complying. Robert W. Grabb, the commission's habitat chief, says the point is ``moot'' because the permits are for a general area off the coast, not for specific ships that have not yet been positively identified. ``If at some point they are able to retrieve something that conclusively proves they are from those ships, then maybe we'd be faced with a legal question,'' he said. ``Barring a successful court challenge, the permit stands and is not in conflict with the government of Spain.'' Even though the shipwrecks are being salvaged by a private company, the state would share whatever revenue and artifacts were recovered. The question is, why did federal officials ask Spain if it had an interest against the wishes of the state and the company? Marc A. Koenings, superintendent of Assateague Island National Seashore, wrote a letter to Sea Hunt President Ben Benson saying the Park Service contacted the Spanish government ``pursuant to your request.'' An attorney for Sea Hunt denied that Wednesday. ``We did not ask them to contact the government of Spain,'' said Anthony F. Troy, who attended a meeting in Washington last fall. ``I thought it was odd that a federal agency was insisting on a position that is contrary to the interests of the citizens of Virginia and to the citizens of the United States,'' Troy said. This is the latest round of a high-stakes contest over ownership of the two wrecks, but particularly the Juno, lost in 1802 with a shipload of passengers and perhaps a fortune in Spanish treasure. Since last fall, the Park Service has delayed Sea Hunt's early attempts to identify the wrecks. At first, park officials asked for detailed descriptions of Sea Hunt's recovery methods. Then the surprise: the Park Service and Justice Department attorneys said they intended to ask Spain if it still had an interest in the ships. ``I think the discussions were in the context of trying to work cooperatively with Sea Hunt,'' said Caroline Zander, the Justice Department attorney who represents the Park Service in shipwreck matters. Zander acknowledged a long interest in preserving shipwrecks intact. ``These are the public's resources,'' she said. ``If they're abandoned, they're held in trust for the public. It's as though somebody would take a tree out of the national park for their own gain and deprive the rest of us of that resource.'' ``This is getting curiouser and curiouser,'' said David Sutelan, a Norfolk maritime lawyer who represents Sea Hunt. ``Are we going to see a Spanish salvage ship coming into American territorial waters to search these wrecks? Somehow I doubt it,'' Sutelan said. Normally, diplomatic matters are handled by the State Department, not by other government agencies, said Peter Hess, a Delaware attorney and shipwreck authority who also represents Benson. ``Is the U.S. Justice Department now in charge of our foreign policy?'' Hess asked. State Department spokesmen are referring questions to the Spanish Embassy, and the embassy -- for now -- is not commenting. Twelve days ago, a federal judge in Norfolk gave Sea Hunt authority to ``arrest'' the two ships, giving Benson the exclusive right to salvage the vessels. U.S. District Judge J. Calvitt Clarke Jr. said there is ``a reasonable possibility that Spain and the Park Service may assert that the ships have not been abandoned and may claim an interest in or jurisdiction'' over them. Said Sea Hunt's Benson, ``We believe there was credible evidence that there was a scheme to use this as a device to gain control of the wreck and to get around the intent of Congress when it passed the Abandoned Shipwreck Act.''
He added, ``It seems that piracy is alive and well.''
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