Under the proposal, geocachers, which use GPS devices to locate caches as part of a scavenger hunt, would be still allowed to advertise and seek out “virtual” caches in these areas, which reference already existing features such as waterfalls and scenic vistas.

One popular area that would be affected by this rule is the Bent Creek Experimental Forest near Asheville. A list of all affected areas is posted on the forest website (www.cs/unca/nfsnc).

The agency said the order will protect the wild values found in the wildnerness and on designated rivers and will avoid items conflicting with research activities.

Federal regulations already require geocachers get permission from the local ranger district office prior to leaving a cache anywhere on the forest.

The agency said in one recent incident, an unmarked and unapproved geocache was left in an ammunition box not far from Asheville. The geocache appeared to be a threat to public safety and cost law enforcement personnel a lot of time investigating it, the forest service said.

Detailed information on geocaching requirements can also be found on the forest website.

The second rule would prohibit possession or use of metal detectors outside of designated areas.

The agency said that many archaeological sites on the forest have been significantly damaged from treasure hunting, by those who loot sites to sell artifacts, and by others who are unaware that it’s illegal to disturb and remove artifacts from federal land without a research permit.

Several forest areas have been identified that would remain open to recreational metal detecting for modern items like coins – primarily swimming beaches. These include Lake Powhatan Swim Beach, Jackrabbit Swim beach, Cheoah Point Swim Beach, Flanners Beach (Croatan NF) and Kings Mountain Point Beach (Uwharrie NF). Permission for one-time use of metal detectors to help find lost personal property could still be granted by Forest Officers.

Additional information on these closures can be found on the forest website (www.cs/unca/nfsnc). Comments on this proposal should be mailed before March 15 to the National Forests in North Carolina, 160A Zillicoa Street, Asheville, 28801, or sent to “comments-southern-north-carolina@fs.fed.us”

TAMPA – A higher federal court will now hear the legal dispute over just who owns the richest sunken treasure ever found, either Tampa’s Odyssey Marine, which found the treasure, or Spain, which claims it as a historic artifact.

In summer 2007, Odyssey located more than half a billion dollars in gold and silver coins on the floor of the Atlantic in a wreck ultimately identified, most likely, as the Mercedes warship, carrying freight from South America to Spain in the 18th century.

The coins now sit in a vault in an undisclosed location somewhere in Florida — outside Tampa, Odyssey officials say. Spanish officials have protested, claiming the treasure is Spanish government property, and must be returned.

Odyssey Marine

The case involves complex admiralty and international salvage law, partly over whether the vessel was a warship carrying noncommercial property at the time it sank. Tuesday, a federal judge in Tampa effectively kicked the issue to the 11th U.S. Circuit Court of Appeals in Atlanta.

Judge Steven Merryday wrote that the case “combines a compelling episode in naval history … the intriguing prospect of recovering great wealth lost in connection with international conflict, the objective of respectful and reliable preservation of warships and their occupants and cargo lost at sea, and the troubling question of the plight of both persons and natural resources subject to colonial exploitation.”

He judged that the “ineffable truth of this case is that the Mercedes is a naval vessel of Spain and that the wreck of this naval vessel, the vessel’s cargo, and any human remains are the natural and legal patrimony of Spain.”

Reasoning, though, that adding his opinion wouldn’t resolve the issue, Merryday sent the case to the appeals court.

Odyssey officials say they expected as much.

“It was clear that this case would go to appeal no matter which way the judge ruled,” said Greg Stemm, Odyssey’s CEO, noting that the case does not affect current Odyssey operations and that the company has not been counting on revenue from the so-called “Black Swan” treasure.

Other Odyssey officials have said they wouldn’t be surprised if the case ultimately moves to the U.S. Supreme Court.

In the meantime, Odyssey has been working on more straightforward ocean engineering projects and negotiating deals in advance with foreign governments, such as the United Kingdom, about how to handle any treasure found.

Reporter Richard Mullins can be reached at (813) 259-7919.