Policy Guidance for Establishing Shipwreck and Underwater Archaeological Resource Avoidance Protection Plans

Find guidance on establishing Shipwreck and Underwater Archaeological Resource Avoidance Protection Plans

Introduction

The Massachusetts Board of Underwater Archaeological Resources (BUAR) is the state agency charged with the identification, preservation, and protection of the Commonwealth’s underwater archaeological resources. The purpose of archaeological investigations is to determine the presence or absence of culturally related materials, assess their importance and potential historical significance, and to preserve, protect, and interpret these resources for the benefit of the public. It is the intent of the BUAR to institute a uniform guidance policy for the protection of shipwrecks and other underwater archaeological resources located within Massachusetts state waters. Establishing avoidance areas will help eliminate the potential for damage caused by human and mechanical interference to these non-renewable resources, as well as to people and equipment. All parties engaged in activity within 300 m (1,000 ft) of an archaeological site must follow the guidelines laid out by the BUAR in this document.

Seafloor conditions, site dynamics, and the nature or archaeological materials vary widely, and as such, no single recommendation can be made to accurately address all scenarios. However, the following represents a set of avoidance protocols developed to allow for adaptability, while offering guidance on how to best protect a site of archaeological importance.

Procedures

General recommendations for the protection of in situ submerged cultural resources:

• Desk-Based Assessment: Prior to conducting any fieldwork, steps should be taken to identify known sites of archaeological significance within and in the vicinity of (see National Environmental Policy Act of 1969 [NEPA], Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), the Advisory Council of Historic Preservation, and Massachusetts General Law).
  • Consult available navigation charts and hydrographic survey data.
  • Review archaeological site reports that pertain to the area of interest.
  • Consult BUAR and the Massachusetts Historical Commission (MHC)/State Historic Preservation Office (SHPO); see MHC’s Massachusetts Cultural Resource Information System (MACRIS) Maps (for authorized users) to determine if there are any sites within or near the proposed work area that are currently under review for addition to the National Register of Historic Places.
  • Consult additional sources, such as the Massachusetts State Archives, historical maps, historical societies, amateur archaeology groups and other local experts, for historical maps, documents, and records that address the history of the area.
• Delineating an Avoidance Area: Once an underwater archaeological resource has been located via Desk-Based Assessment, steps must be taken to avoid damaging the resource.
  • Review past and proposed work in the area and understand the location of shipping lanes and/or mooring fields, dredged channels, nearby construction, or other activities (i.e., trawling, dumping, etc.) that pose a hazard to the site.
  • Undertake remote-sensing survey of the area to establish the full spatial extent of the underwater archaeological site, including debris scatter. This may require a suite of specialized tools, such as side-scan sonar, marine magnetometer, and sub-bottom profiler, and should be planned in coordination with BUAR. For projects subject to Section 106 of the NHPA (36 CFR 800), project proponents are directed to consult with and provide their proposed research design and methodology to the MHC/SHPO and the lead federal agency, in accordance with 36 CFR 800.4.
  • Establish an avoidance area that extends no less than 30 m (100 ft) from the least significant feature, but no more than 300 m (1,000 ft) from the most significant, or at risk, archaeological deposit. BUAR may consider smaller or larger avoidance areas depending on the nature of the resource and the proposed activities. All proposed work must remain outside of these zones.
  • Once avoidance areas are established, the project proponent, crews and contractors must remain considerate of the nature and extent of the site, as well as the cultural, scientific, and/or historical significance of its materials.
  • Consider all activity in the surrounding region: Navigability of the body of water; sediment type and sedimentation rate; local water flow regime; and the nature of the work to be done and what risks it may pose to the site. This includes actions that could exacerbate natural phenomena already acting on the area and negatively impacting the resource.
  • Project proponents must prepare a research design in consultation with BUAR. For projects subject to Section 106 of the NHPA (36 CFR 800), project proponents are directed to also consult with and provide their proposed research design and methodology to the MHC/SHPO and the lead federal agency in accordance with 36 CFR 800.4
  • Project proponents will prepare and submit a resource avoidance plan that includes, at a minimum, a map depicting avoidance areas, specific actions being taken to avoid resources and coordinate activities of all crew/contractors, and steps to be taken if unanticipated finds are encountered. In planning for unanticipated finds, please refer to BUAR’s Policy Guidance for the Unanticipated Discovery of Underwater Archaeological Resources.
• Verifying Site Boundaries: In order to ensure protection of identified cultural resource deposits, the project proponent needs to verify the boundaries of those deposits to the extent possible.
  • This should include a determination and delineation of the deposit (site) boundaries and their spatial relationship to the proposed avoidance area and the project's area of potential effect (APE).
  • Appropriately mark avoidance area (site) boundaries in the project area.
• Report:
  • Previously unknown deposits must be reported to the BUAR in accordance with the BUAR Policy Guidance on the Unanticipated Discovery of Underwater Archaeological Resources. As stated in Section 8 of that policy, official steps will be taken only “if agency review determines that the site is National Register-eligible.” In such an event, it is the responsibility of the “project proponent to develop avoidance measures so as to eliminate the site from the APE. Any proposed avoidance measures will be made available to the cognizant federal and state review agencies, MHC/SHPO, BUAR, and Advisory Council for review and comment.” Additionally, the project proponent should submit this information to the United States Coast Guard (USCG) for inclusion in its “Notice to Mariners” updates.
  • The location of the site must not be published without prior approval from BUAR and MHC/SHPO. Targets should be listed as “soundings” on National Oceanic and Atmospheric Administration (NOAA) charts, as opposed to “shipwreck” or “obstruction.”
  • Consult with BUAR regarding submitting project information to other agencies to ensure consistency with any other applicable environmental review processes. For projects subject to Section 106 of the NHPA (36 CFR 800), project proponents are directed to consult with and provide their proposed research design and methodology to the MHC/SHPO and the lead federal agency in accordance with 36 CFR 800.4.

Summary

Any archaeological material residing on the seafloor may represent a hazard to navigation and pose a threat to marine activity in the immediate vicinity. Avoidance Areas are designed to both allow for in situ preservation of archaeologically significant materials, while also ensuring the safety of mariners and equipment engaged in activities adjacent to such materials.

No two archaeological sites are identical, and all parties are advised to stay mindful that it is important to consider both the nature of the archaeological materials and the nature of the site as a whole. Archaeological materials may be scattered and buried, due to the cumulative effects of bottom-trawling or severe weather conditions. Currents may relocate smaller, though no less significant, finds to positions removed from the larger mass of a site. Shipwrecks themselves can affect local water flow, changing flow conditions adjacent and downstream of the shipwreck in the dominant direction of the current. Work undertaken downstream of a shipwreck should take this into consideration. For any construction projects undertaken upstream of an underwater archaeological site, it should be remembered that their activities may also affect the water flow patterns over the site.

It is hoped that by establishing a set of avoidance protocols and by briefly addressing some of the possible hazards to an underwater archaeological site, a reasonable attempt will be made to minimize damage to any submerged cultural resources prior to official review of them.