Written by the TreasureGuide for the exclusive use of the Treasure Beaches Report.
While looking for shark teeth at Vilano Beach, Shelly H. found an iron object which she thought might be a "very old iron spear point or an arrow point. She said she initially thought it was a rock but when she got home found that it was magnetic. She is wondering how old it might be and if it is legal to keep. And if she can keep it, what is the best way to store it.
Below is a photo of a shark tooth along with a triangular iron object that Shelly asked about.
Let me know what you think about this object.
While most native American arrowheads and spear points were lithic, there were some metal points made as trade goods. Of course, the Spanish had metal points of various kinds too.
Here is the link for the illustration above. Good site.
Take a look at Shelly's object and tell me what you think. I'm not saying what I think yet.
Concerning the issue of whether the object can be "legally" kept, I never like to comment on legal issues, which can be quite complex and unclear, but, of course, that would only be an issue of the object was determined to be old and of historic or of archaeological significance.
You might remember the old, isolated finds policy, which is no longer in effect. Isolated finds were finds that were of little or no archaeological interest because they were not found in context.
When it comes to historic or archaeological artifacts that belong to the state, there are other issues, which, again, can be very unclear and sometimes require court proceedings to resolve. The line that separates the public beach owned by Florida from private and other lands, is the "mean high water line." The terminology is not consistent. Other states often use other terms, such as "mean high tide line" etc. I've seen many references lately to the high tide line or mark or high water mark when referring to the public beach boundary. That terminology is even less clear and more misleading.
Chapter 267, Florida Statute (F.S.) states that artifacts... located on state owned lands or sovereign submerged bottoms are the property of the state of Florida (Chapter 267, Florida Statute )... The intent of the law is to protect and conserve these unique artifacts, like other artifacts, for current and future generations.
To be a good steward of these important archaeological finds and help us obtain import information and protect these remains, please do not remove them. Either contact the above individuals or your local authorities. (Source: What to do if you find a Dugout Canoe – Florida Archaeology & Bioarchaeology (ufl.edu))
The Florida Museum web site provides the following contacts.
You can contact Florida Museum personnel with questions concerning the identify of finds, but you won't always get a response. Some contacts will be more helpful than others.
By the way, while fossil collecting requires a permit - sharks teeth are not included.
As I said, many articles relevant to beach finds use terms such as "high tide line" or "high water mark." I even saw some that refer to the seaweed line as the beach boundary. Such articles suggest that as long as you stay below those lines you are on the public beach and state property, but in Florida, the line separating the state-owned beach from land which can be privately owned is the "mean high water line." See
MHWstatutes.PDF (labins.org)
The mean high water line is not something you can see when you are on the beach. It is established by measurement over a 19-year period and is periodically remeasured and updated. Some references refer to an 18.5 year tide epoch. As you know, the "apparent" high tide line varies daily. No one who simply wanders out onto a beach will know precisely where the mean high water line is, and that is what separates the public beach from private or other community or agency ownership.
On the beach, there is another feature that you are supposed to avoid - the dunes. The dunes are dynamic and change frequently as the result of water and/or wind erosion. Again, it can be unclear where the "forbidden" dunes begin or end. Just use common sense. The protected dunes will often be covered by some type of vegetation, such as protected sea oats, which should be avoided.
If you walk along the Indian River in some places, you will occasionally see survey markers near the water's edge that mark the private property boundaries and the beginning of the state-owned waterway. That is determined by the mean high water line too.
Now you see why I do not like to get into the subject of what is legal and what isn't. It can be very complex, and I haven't even touched on other issues such as county or city ordinances. And there are private owners that will try to assert ownership beyond their real property boundaries. If there is any doubt, contact the appropriate authorities.
Down in Dade county where I hunted back in the day, there was a beach club that said I couldn't metal detect on their beach. I contacted the county officials, and they told me the public could use the beach back to the erosion control markers, which were way back to where the dunes would be. So the beach club had no right to try to keep me off "their" beach. It wasn't their beach at all. They had no more right to it than I did.
On another occasion I contacted the county officials and was informed that a county park where metal detecting was not allowed, would soon be open to metal detecting. I was glad to have that information and hit that park as soon as I was allowed.
Again, my point is that the rules and regulations can be complex and confusing and if you really want to know, contact the appropriate officials. Even if they are wrong, which can happen, you can at least say, that is what you were told. You might therefore keep a record of your conversation.
If you don't do anything stupid, don't create conflict, use good common sense and good judgment, you won't likely run into trouble.
I don't like to address the legal issues for the reasons I've mentioned, but I hope it helps even though a clear simple answer is not possible.
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Here is an older post on coastal ranger markers and the mean high water line.
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Let me know your thoughts on Shelly's find.
We're supposed to have a four-to-five-foot surf today with an east wind.
Good hunting,
Treasureguide@comcast.net
