Bobajob, very interesting quote. Thanx for putting it here. Here's my comments on it:
Go figure the source of this: It's all said by an archaeologist. And did you catch the drift in his last sentences? If it were up to him, it would be illegal to detect in England too!
To me, everything that's going on there, that he's recounting, only makes me think, all the more, that we are our own worst enemies, by seeking sanction, permission, asking for clarifications, etc.... where apparently, no one cares (till you ask). I mean, take the entire concept by which this archie has "become aware" and is "making his comments based on": Stupid md'rs wanting their objects recorded, known, blared about, somehow thinking this will further their cause?? Perhaps in England it "furthers their cause", but for pete's sake, why aren't those guys in France, who are apparently detecting unbothered, just keeping their friggin mouths shut?? Sheesk!
Let me give you an example Bobajob: Where I'm at, along the coast of California, there is a designated section of our coastline, that stretches for a few hundred miles (from about San Francisco to about San Luis Obispo), that is call the "Monterey Bay Marine Sanctuary". In brief, it's like an under-sea preserve, with special rules to protect sea-life, forbids harvesting of kelp, forbids oil-drilling, and other such "park like" rules. It was born out of the idea that there are beautiful undersea marvels here, that attract scuba divers, nature people, etc.... from all over the world to come here and enjoy. Sounds good enough, right?
Within this hundreds of miles of coast-line, there are a combination of federal, state, county, and perhaps city-owned beaches. If there is any cross-over of rules, from this over-arching "sancturary habitat" thing, verses, let's say, a city beach within this zone, the "stricter rule prevails". Ok, you with me so far? I decided one day, to see if any of the sanctuary rules might be morphed, to disallow metal detecting. Because, afterall, the rules apply all the way up to the high tide mark. And sure enough, there is cultural heritage wording, etc.... Nothing specific about metal detecting per se, but nonetheless, the boiler plate language, that perhaps sounds a little like ARPA type stuff. For example, it is forbidden to remove "archaeological features or objects", etc.... So I sent an anonymous email to the Sanctuary's website contact tab, asking "how is an archaeological object defined? For example, if I was walking down the beach, after a storm, and spotted an old bottle sticking out of the sand, or pretty beach polished glass shards, would these be such items?". The answer I got, was sort of an "it depends" type answer. But an example, they gave, of a similar item picked up, after beach erosion, was a couple who had picked up a rusty wagon wheel rim (like from the horse-&-buggy days) they found exposed, after erosion. Like, they must've thought "this will look cool in our garden", or whatever. Somehow, the sanctuary personell got wind of this, and the couple had to return it, so that it could be "repatriated" to where it had been picked up at, etc... And the answer also told me that "50 yrs old", was also a date they could apply, to determine if an object had "archaeological significance", etc... Now you tell me Bobajob: If you, or I, were to have asked this person a little more direct question specifically about metal detecting, and finds we *could* make, what do you think they would say? I mean, I've found Spanish Reales, seateds halves, some gold coins from the 1800's, etc... hunting our beaches here. Why would the answer for those, be any different than the wagon rim from the 1800s? So while I DIDN'T DARE ask if my metal detecting, or the specific object I find, are legal, you can EASILY SEE where that conversation would go, right?
So in other words, some people might read these sanctuary rules, and wonder if it applies to them. And sure enough, if they asked enough people (better safe than sorrry right? better ask, just to make sure, right?), far enough up the chain of command, with the right combination of inferences, they would most certainly get a "no". But here's where it gets interesting!! Detecting has gone on, all along our coast line, for the past 40+ yrs, and no one cares less! Yup, you can do it right in front of rangers, people, cops, lifegaurds, etc.... You will never be bothered, and no one cares. But do you see the difference Bobajob? Unlike your French people, no one here is begging for sanction, and parading their finds in front of archaeologist's noses, just asking for trouble!
To find someone like the person you quoted, to render an opinion, like the one you quote, is sort of like asking someone from PETA ("People for the Ethical Treatement of Animals", a wacko animal rights extremist group) the following question: "Is it ok if I leave my pet bunny in the car for a minute, while I run into the store to grab a soda?". The PETA rep. would scream NOoooooo. You will be guilty of animal cruelty. You could face fines and penalties. How could you be so calouss and cruel! The poor bunny could suffer heat exhaustion, trauma, etc.... I would immediately report you to the SPCA, etc....". I mean what would you expect a PETA rep. to say, if you asked a question like that? So too is an answer from a purist archaeologist, very similar. What do you expect them to say? I mean, go figure, they hate md'ing. And even though no one else cares, and you might go un-bothered, of COURSE they will say you are going to end up in prison, etc.. (just like the PETA analogy). So the rule of thumb? Avoid those guys, and stop seeking to be their best buddy. It aint gonna happen, and you're just going to get places put off limits (or, in this case, enforced) where truth is, probably no one gives a r*tts *ss.
You said yourself that detecting is going on there, and apparently, as long as you're not a nuisance raiding obvious historic, or public, sites, it is simply ignored. Ie.: farmer's fields with permission. Do you really think that archie you quoted, is sitting there looking over the shoulder of detectorists way back in the boonies?
If I detect there, I'm not declaring my finds to archies in England. Those that do, I just don't understand their logic. They may be accustomed to that because of their British homeland, but based on what you quoted, they're just asking for trouble, by trying to "bring about" the same system for another country. And they're just going to "get things clarified" and end up getting rules written (or enforced where they previously only applied to large scale stripmining or pyramaid raiding, or shipwreck salvor type things) to apply to the sandbox hunters. Sheesk, sometimes we can be our own worst enemy!