Two hundred and twenty-seven years would pass before the remains of the
Fowey would be identified in 1975 by
archaeologist George Fischer of the
National Park Service. For many years, those searching for the wreck site had been distracted by the named obstacle,
Fowey Rocks, which lie some distance to the north. However, from work commenced in the United Kingdom, by Major Paul Payne, who held an artefact from the original crew, navigational data became available, from which Mr Fischer narrowed the search. Four years later in 1979 a sport diver from
Miami requested title in
Admiralty Court to a "wrecked and abandoned sailing vessel with Legare Anchorage in Biscayne National Park." At this time the Abandoned Shipwreck Act was a decade in the future. The United States intervened in the lawsuit as the defendant seeking title, arguing that the shipwreck was public property in a
National Park and, as such should be preserved as a part of the Nation's patrimony. In 1983, the United States won the case. The court decision constituted a landmark in United States historic shipwreck preservation case law. It stated that the remains of HMS
Fowey were an archaeological site, not a ship in terms of
Admiralty salvage; that the site was in no peril and did not need rescuing by the salvor; and that the site is public property and a part of the United States' heritage which ought to be managed in the best interests of the public rather than privately salvaged and sold for profit. ==Study==