Historic Marine Protected Areas

Historic Marine
Protected Areas
A guide for visitors, investigators and managers
Front cover image: A diver with a gun on a
17th-century shipwreck in Duart Bay, Mull.
© Colin Martin. Licensor www.scran.ac.uk
Foreword
T
he wrecks of historic ships, boats and aircraft can be found
around the coasts of Scotland, as well as many other important
aspects of our coastal and marine heritage, such as harbours,
lighthouses and fishtraps. This finite and non-renewable resource
reflects the important role that the sea has played in the history of
Scotland, providing a source of food and energy, a means of defence
from invasion, and a springboard for trade and communication
between neighbouring communities and across oceans. Marine sites
not only contribute to the nation’s heritage, but are often also popular
visitor attractions.
Fish traps, Benbecula. © Crown Copyright: RCAHMS (Aerial Photography Collection).
Licensor www.rcahms.gov.uk
Making the most of
Scotland’s seas
The Scottish Government is committed to clean, healthy, safe, productive, biologically
diverse marine and coastal environments, managed to meet the long-term needs of
people and nature. This includes protecting and, where appropriate, enhancing our
most important historic wrecks and other marine heritage sites in such a way that
they can be valued and understood. To achieve this, Scottish Ministers can protect
important sites by designating them as Historic Marine Protected Areas under
the Marine (Scotland) Act 2010, or as scheduled monuments under the Ancient
Monuments and Archaeological Areas Act 1979, or as listed buildings under the
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
Historic Scotland is an executive agency of the Scottish Government. It recommends
candidates for statutory protection under the above legislation and provides advice on
their management.
This leaflet sets out information on how Scotland’s marine heritage is protected.
In particular, it explains how the new Historic Marine Protected Area (Historic MPA)
designation works.
Protecting Scotland’s
marine heritage
Until now, the sites of historic shipwrecks
have been afforded statutory protection
(designated) under the Protection of
Wrecks Act 1973. Around the coast of
Scotland, designated wreck sites include
17th-century warships, a 17th-century
Dutch merchant trading vessel and HMS
Campania. Once a Blue-Riband winning
transatlantic liner, Campania was
converted by the Admiralty in 1915 as
a Fleet Air Arm carrier. The first flight
from an aircraft carrier with a permanent
flight deck took place on 5 May 1915
from the deck of HMS Campania.
HMS Campania in 1917. © The Scotsman
Publications Ltd. Licensor www.scran.ac.uk
In Scotland, use of section 1 of the Protection of Wrecks Act 1973 is to be replaced
with Historic Marine Protected Areas (Historic MPAs), a new designation to protect
marine historic assets of national importance. Historic Scotland will assess existing
designated wrecks for transfer to Historic MPA status, or de-designation. When this
process is complete, section 1 of the Protection of Wrecks Act 1973 will be repealed
in Scotland, although it will continue to be used elsewhere in the UK.
The wreck of the light-cruiser SMS Köln, Scapa Flow. © ScapaMap
Monuments on the foreshore and coast edge, such as castles, fish traps and prehistoric
sites, are normally protected as scheduled monuments. The seven remaining wrecks
of the German High Seas Fleet scuttled in Scapa Flow, Orkney, in 1919, are currently
also protected as scheduled monuments. No licence from Historic Scotland is required
to dive on a wreck that is scheduled, though divers must ‘take only photographs, and
leave only bubbles’. The prior written consent of the Scottish Ministers is required for
a wide range of works which might affect scheduled monuments. For more information
on scheduling, see Historic Scotland’s information booklet: Scheduled Monuments:
a guide for owners, occupiers and managers. The scheduled wrecks in Scapa Flow will
also be assessed for transfer to Historic MPA status.
Buildings of special architectural or historic interest on the coast edge and foreshore,
such as lighthouses, harbours and bridges, are usually protected as listed buildings.
Proposals to alter listed buildings are subject to listed building consent through the
terrestrial planning system. For more information on listing, see Historic Scotland’s
Guide to the protection of Scotland’s Listed Buildings.
In addition to these mechanisms administered by Historic Scotland, the wrecks of
all aircraft crashed in military service and designated war grave vessels are afforded
statutory protection by the Ministry of Defence under the Protection of Military
Remains Act 1986.
Aberlady Bay – the remains of eight fishing boats, dating to the late 19th or early 20th-century, lie on the
foreshore near Kilspindie, Aberlady Bay, East Lothian. These wrecks are protected as a scheduled monument.
© Crown Copyright. Historic Scotland.
The selection and
designation of historic
marine protected areas
Under Part 5 of the Marine (Scotland) Act 2010, Scottish Ministers can designate three
types of Marine Protected Area (MPA):
• N
ature Conservation MPAs – to deliver national priorities on biodiversity and
geodiversity. Marine Scotland is the lead body on behalf of Scottish Ministers;
• Demonstration and Research MPAs – to demonstrate or develop research into
sustainable management approaches. Marine Scotland is the lead body;
• H
istoric MPAs – to protect marine historic assets of national importance within
the Scottish territorial waters. Historic Scotland is the lead body.
Kinlochbervie cannon/anchor. © Philip Robertson
The new Historic MPA designation will be used to protect individual marine historic
assets of national importance (for example, a historic shipwreck or aircraft wreck), or
a coherent group(s) of sites (for example, an important fleet anchorage, battle site or
navigational hazard, where multiple wrecks and other features exist). It could also be
used to designate a submerged prehistoric landscape if structural or artefact-based
evidence is identified on the seabed.
Historic Scotland is working with Marine Scotland and other partners on the Scottish
MPA project to make recommendations to Scottish Ministers on the selection and
designation of Marine Protected Areas in the seas around Scotland. Historic MPA
designations may occur in relation to priorities identified by Historic Scotland. Third
parties may also nominate candidates for consideration. In either case, Historic
Scotland undertakes an assessment against the criteria of ‘national importance’ to
ensure that only the most significant sites are protected – where statutory protection
will make a difference.
To assist in the selection and designation process, Historic Scotland works with its
partners to identify opportunities to share data and participate in coordinated surveys.
Where more specific field assessments are required to inform designation and to
facilitate the management and understanding of existing Historic MPAs, Historic
Scotland undertakes this work through a UK-wide marine archaeology services
contract or by commissioning separate assessments.
Historic Scotland consults with a wide range of interested parties prior to making
recommendations on Historic MPA designations. The only exception to this is
where there is an urgent threat to a marine historic asset. In such instances, urgent
designation can be progressed without consultation but its duration is time limited.
Full consultation is required to make the designation permanent.
HOW DO I KNOW WHICH OF
SCOTLAND’S MARINE HERITAGE
SITES ARE PROTECTED?
Current information on all heritage designations is available from Historic Scotland’s
data website at: http://data.historic-scotland.gov.uk. Here you can download maps
and copies of documentation, as well as find out about the different designations.
You may also request this information from us directly if you would prefer.
Historic Scotland also makes its data available on PASTMAP: www.pastmap.org,
a website jointly developed with the Royal Commission on the Ancient and Historical
Monuments of Scotland, where you can search information on Scotland’s historic
environment from multiple sources.
Information about existing MPAs
protected for biodiversity purposes
within inshore waters can be accessed
via the Scottish Natural Heritage
web-based information service:
www.snh.gov.uk, which includes
information on all protected areas in
Scotland. Information about MPAs
designated for biodiversity purposes
within Scottish offshore waters can
be accessed through JNCC’s website:
www.jncc.gov.uk.
Admiralty Charts show information
about designated wreck sites for
sea users. It is intended that this
information will be updated to reflect
the introduction of Historic MPAs.
A site description map showing the location
of the designated wreck of HMS Dartmouth
and the extent of the protected area.
© Crown Copyright. Historic Scotland
WHAT DOES HISTORIC MPA
DESIGNATION MEAN FOR ME?
Historic MPAs are not ‘no-go areas’. The emphasis is on managing change in an
informed way that respects the cultural significance of Historic MPAs and protects
them for current and future generations:
•Designation does not prevent public access. Indeed, responsible access to Historic
MPAs is normally encouraged. However, you must not remove, alter or disturb
marine historic assets, or carry out works or activities in the area which could
damage or interfere with a marine historic asset or have a significant impact on
the protected area, in a way that might threaten the ‘preservation objectives’ of
the protected area;
•Public authorities with functions capable of affecting marine historic assets
are expected to carry out their duties in a way that respects the preservation
objectives for Historic MPAs, seeking advice from Historic Scotland;
•Potential impacts on marine historic assets from a wide range of works or activities
subject to planning permission or marine licensing processes will be assessed
by Historic Scotland in discussion with the relevant authority. Diving groups and
archaeologists wishing to undertake intrusive archaeological investigations (for
example excavation and recovery of objects) within Historic MPAs will need to
apply for a marine licence and should make early contact with Marine Scotland’s
Licensing Operations Team (MS-LOT);
•Where there is a need to prohibit, restrict or regulate particular activities, this
will be achieved through the use of Marine Conservation Orders, an additional
statutory tool to further the preservation objectives of Historic MPAs;
•Fishermen generally seek to avoid impacts to historic assets on the seabed and
Historic Scotland will work to ensure that fishermen are aware of the location of
the new Historic MPAs. If the need arises to restrict or prohibit particular types of
commercial fishing activity in an area, this would be undertaken through the use
of existing fisheries regulations.
Further information on Historic MPAs and their management is available from
Historic Scotland’s website. Historic Scotland would be pleased to offer advice on
the management or any other aspect of Historic MPAs at any time; please contact
our Heritage Management Directorate (see contacts later).
CARING FOR SCOTLAND’S
MARINE HERITAGE
Historic Scotland encourages public appreciation of, and involvement in, the recording
and conservation of marine heritage. If you are visiting an underwater site, Historic
Scotland suggests that you follow an established code of conduct such as the Respect
Our Wrecks code of practice for wreck divers. Should you wish to participate actively
in recording projects, you can gain the necessary skills and take part in organised
projects, for example, those run by the Nautical Archaeology Society.
If you find an object or wreck that you think may be of historic importance, Historic
Scotland recommends a three-step approach in the first instance:
• Record the position of your site and as many details about it as you can;
• Respect what you find and do not disturb the site;
• Report your discovery to the Receiver of Wreck, and the Royal Commission on the
Ancient and Historical Monuments of Scotland.
By following these recommendations you will help to facilitate further investigation,
increase knowledge and understanding, and allow Historic Scotland to assess the site
for statutory protection if necessary.
A licensed diver visiting the Duart Point designated wreck site.
© Colin J M Martin. Licensor www.scran.ac.uk
REPORTING FINDS
If you do intend to recover any objects of historic interest from the seabed using a
vessel, vehicle, structure or floating container (including lifting bags), you should
enquire with MS-LOT as to whether a marine license is required. All wreck material
recovered from the seabed, no matter how small or seemingly insignificant, must
also be reported to the Receiver of Wreck under the terms of the Merchant Shipping
Act 1995.
Within Historic MPAs and on scheduled monuments, as well as the wrecks of all aircraft
crashed in military service and designated vessels afforded statutory protection by
the Ministry of Defence under the Protection of Military Remains Act 1986, additional
restrictions apply. You should seek advice from Historic Scotland (on Historic MPAs and
scheduled monuments) and the Ministry of Defence (for war graves).
Remains of a seaman’s chest from the Duart Point wreck. © Colin J M Martin.
Licensor www.scran.ac.uk
Contacts and links to
other organisations
For advice on Historic MPAs and scheduled monuments, copies of the publications
mentioned above or further copies of this booklet, contact:
Historic Scotland Scheduling, Marine and Battlefields Team
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
Tel: 0131 668 8716
Email: hs.schedulingteam@scotland.gsi.gov.uk
For queries relating to management, consents or grants, please contact:
Historic Scotland Heritage Management Directorate
Tel: 0131 668 8770
Email: hs.heritagemanagement@scotland.gsi.gov.uk
For marine licensing applications within Historic MPAs, please contact:
Marine Scotland Licensing Operations Team
PO Box 101
375 Victoria Road
Aberdeen
AB11 9DB
Tel: 01224 295579
Email: ms.marinelicensing@scotland.gsi.gov.uk
About the Protection of Military Remains Act 1986
For enquiries about shipwrecks and the Protection of Military Remains Act 1986,
please contact:
Navy Command Third Sector
MP 1.3, Leach Building
Whale Island
Portsmouth
PO2 8BY
Tel: 023 9262 5393
Fax: 023 9272 7358
Email: FLEET-DCS3RDSCTRB2@defence.gsi.gov.uk
About information on maritime sites and reporting
discoveries
To report recovery of items of ‘wreck’, please contact:
The Receiver of Wreck
Maritime Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 02380 329 474
Email: row@mcga.gov.uk
www.mcga.gov.uk/row
To find out more about maritime sites offshore and to report new discoveries,
please contact:
The Royal Commission on the Ancient and Historical Monuments of Scotland
John Sinclair House
16 Bernard Terrace
Edinburgh EH8 9NX
Tel: 0131 662 1456
Email: info@rcahms.gov.uk
www.rcahms.gov.uk
Administrative grievances
The Scottish Public Services Ombudsman Act 2002 provides a simple and effective
means for members of the public to make complaints about maladministration and
service delivery arising from the activities of public authorities in Scotland.
A complaint can be made by an aggrieved person (or their representative including
an MSP or local councillor) within 12 months of the day after the aggrieved person
had notice of the matter of complaint. You can contact the Ombudsman at the
following address:
The Scottish Public Services Ombudsman
Freepost EH641
Edinburgh
EH3 0BR
enquiries@scottishombudsman.org.uk
Online resources and
publications
Historic Scotland’s website for information about Historic MPAs, Scheduled
Monuments, Designated Wrecks and Listed Buildings at:
www.historic-scotland.gov.uk/index/heritage
You can also search, view and download maps and information on designations
on Historic Scotland’s data website: http://data.historic-scotland.gov.uk
Scottish Historic Environment Policy at: www.historic-scotland.gov.uk/shep-dec2011.pdf
The location of all known sites and monuments (designated and undesignated)
is shown on PASTMAP: www.pastmap.org.uk
Free booklets and downloads from Historic Scotland website include:
•Guidelines for the selection, designation and management of Historic Marine
Protected Areas and Historic Scotland Marine Strategy 2012-15
•Scheduled Monuments: a Guide for Owners, Occupiers and Managers
•Guide to the Protection of Scotland’s Listed Buildings
•Managing Scotland’s Archaeological Heritage
•Grants for Ancient Monuments; A Guide for Owners, Occupiers and Managers
•Metal Detecting, Yes or No? Metal Detecting, Scheduled Monuments and the Law
Other free booklets available from Historic Scotland
on request
•Joint Nautical Archaeology Policy Committee, Underwater Finds, Guidance for Divers
•Joint Nautical Archaeology Policy Committee, Code of Practice for Seabed Development
For information and advice on underwater access for divers in Scotland consult BSAC
Divers Code of Conduct: www.bsac.com
Historic Scotland
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
ISBN: 978-1-84917-096-3