Spain claims full sunken treasure

In its statement, Odyssey officials said they are surprised the Spanish government has conclusively said "the "Black Swan" treasure is from the Mercedes after viewing site photomosaics and video that show no hull, ballast pile, keel or vessel, and only a statistically insignificant sample of the coins from the site."

Naval and coin experts say they have proof that the treasure, now held in a warehouse in Tampa, came from the Mercedes. The coins included gold doubloons, or "pieces of eight," minted in 1803 in Lima, Peru, bearing the image of Spain's King Carlos IV, ministry coin expert Carmen Marcos said.

But Odyssey officials said that if the coins are found to be from the Mercedes, it will be "up to the U.S. District Court to determine the final disposition of the Black Swan treasure," according to the statement.

The Mercedes exploded and sank in a naval battle as it sailed back to Spain from South America.

Spain argues that the entire treasure should be returned because naval vessels remain the property of the nation that flagged them, regardless of where they lie, under the principle of sovereign immunity.

"Spain has not abandoned or otherwise relinquished in any way its ownership of Mercedes," Spain's petition said.

Spain's claim said artifacts on the seabed, their distribution and other characteristics, as well as artifacts taken by Odyssey, "further identify the site as the remains of Mercedes."

Odyssey also said the ship was probably the Mercedes after Pizzo last month forced the company to disclose information on the salvage, including the identity of the ship and its location.