Purpose

The Massachusetts Board of Underwater Archaeological Resources is the trustee of the state’s underwater heritage. In its, efforts to promote the wise use of underwater sites, the Board seeks to encourage the participation of sport divers, archaeologists, historians and others with special interests and abilities in preserving the underwater heritage of Massachusetts. 312 CMR 2.00 standardizes the procedures for Board administration and for the investigation, exploration, recovery, reporting and preservation of shipwrecks and other underwater archaeological resources. It also defines the Commonwealth’s interest in underwater archaeological finds, and provides for the preservation and dissemination of information about Massachusetts underwater heritage. 2.03. Applicability and Jurisdiction (1) Jurisdiction. Any person who has located a shipwreck or other underwater archaeological resource within inland or coastal waters of the Commonwealth or the lands beneath such waters shall secure a permit from the Board of Underwater Archaeological Resources prior to conducting any activities that may disturb the site or resource. Compliance with the laws and regulations of the Board does not relieve any permit holder of the obligations imposed by other local, state and federal agencies. (2) Applicability to Existing Permits. All permits for the investigation, exploration and recovery of underwater archaeological resources issued by the Board prior to the effective date of 312 CMR 2.00 shall be considered valid under 312 CMR 2.00. Said permits and permittees shall, however, be required to comply with the regulations with respect to all permitted actions taken after the effective date of 312 CMR 2.00.