Issuance of Permits

The Board issues permits to persons who have located a shipwreck or other resource for purposes of investigation, exploration, recovery, reporting, and/or conservation of underwater archaeological resources if the Board deems that such operations are in the public interest. No person shall remove, displace, damage or destroy a resource without the Board's permission, except for minimal artifact collection (entailing minimal site disruption) for purposes of establishing the existence of an underwater archaeological resource. Permittees shall report, catalogue and inventory all recovered artifacts to the Board. Permits shall not be issued in the absence of demonstrable proof of the existence of a resource, except in the case of special use permits. (1) Permit Types. The Board may issue three kinds of permits, one for reconnaissance, one for excavation, and special use activities. (a) Reconnaissance. A reconnaissance permit is granted for the non-disruptive inspection and identification of an underwater archaeological resource and is characterized by minimal site disturbance. The purpose of the reconnaissance permit is to inventory the site, to protect the discoverer's interest in the site, and to make available the protection and expertise of the Board. Reconnaissance activities shall be limited to historical research, remote sensing, visual or electronic observation, mapping, and limited collection of artifacts found without excavation, solely for the purpose of identification or protection. All resources collected shall be mapped, documented and conserved. continued (b) Excavation. An Excavation permit is granted to uncover and/or recover archaeological resources through the use of disruptive investigation techniques. Disruptive investigation techniques include: the systematic removal, in sample or in entirety, of artifacts or other resources from their context of discovery; or the use of excavation tools or techniques (such as blowers, airlifts, suction, etc.) to expose resources which are buried in the seabed or lake or river bottoms. Standards for archaeological recovery, recording and reporting of underwater sites shall be maintained under an excavation permit. All recovered resources shall be mapped, documented and conserved. (c) Special Use. A special use permit is granted to address underwater archaeological investigations associated with a project's environmental review and public planning purposes, or other scientific purposes. Activities and techniques allowed by a special use permit are subject to an approved archaeological research design. A special use permit will be granted only to qualified archaeologist or an organization qualified to undertake archaeological research. All underwater archaeological resources remain the property of the Commonwealth. (2) Permit Characteristics. (a) Duration. The Board may issue a permit for a period of one year upon review and approval of a permit application. Permits may be renewed upon proper reapplication (under 312 CMR 2.11). (b) Exclusivity. A reconnaissance or excavation permit, but not a special use permit, gives the permittee the sole use of the granted site for the purposes specified in the permit to the exclusion of all other persons. (c) Number of Permits. No more than one excavation permit may be held by a permittee at any given time, and a total of no more than two permits may be held by a permittee at any given time. There is no limit on the number of special use permits that may be held by a qualified archaeologist or an organization qualified to undertake archaeological research. (d) Permit Area. The size of the permit area shall reflect circumstances at the site, including working conditions and anticipated archaeological resources. The permit area shall cover as small and well-defined a geographic extent as the Board deems reasonable and appropriate for the activity to be conducted. In determining the size of a permitted area, the Board shall consider three categories of sites: 1. Discrete. A discrete site has clearly defined site limits, e.g. a single vessel which is largely intact; 2. Amorphous. An amorphous site is characterized by single or multiple shipwrecks or other underwater archaeological sites, which are broken up, scattered or largely buried. Where permits are issued for an amorphous site, the maximum permit area shall be one nautical mile square. As site conditions vary, the Board shall use its discretion in determining permitted area size and activities on a case-by-case basis. In no case shall a permittee be granted an expansion of a site unless the Board is presented with demonstrable proof that associated archaeological resources are present in the sought for area and that the expansion would be justified. 3. Project Area of Potential Effect. The project area of potential effect is the study area as defined for environmental review and public planning purposes, or other scientific purposes. This category is restricted to use solely for special use permits. e) Buffer Zones. The Board shall establish a 0.2 nautical mile buffer zone around each permit area. There shall be a 0.4 nautical mile buffer zone between adjacent permit areas. (3) Conflicting Claims. If there is more than one application to the same resource or to resources in close proximity, priority shall be given to the first person to file a complete application. A priority preference may be lost by: (a) failure to substantially comply with application requirements; (b) failure to abide by the laws, regulations, or conditions governing the applicant's or permittee's activities; (c) change of circumstances indicating the inability of the applicant/permittee to competently undertake the activities; (d) potential damage to the resource; or (e) other special circumstances as determined by the Board. The provisions of 310 CMR 2.06(3) do not apply to special use permit applications.