Dear Dive Community Members,
With the summer dive season upon us, I am taking this opportunity to remind the diving public of the Massachusetts Board of Underwater Archaeological Resources and the laws affecting underwater archaeological resources. Established in 1973, the Massachusetts Board of Underwater Archaeological Resources is the trustee of the Commonwealth's underwater heritage,
promoting and protecting the public's interest in these resources for recreational, economic, environmental and historical purposes. Under Massachusetts General Laws Chapter 6, sections 179-180, and Chapter 91, section 63, the Board is charged with the responsibility of encouraging the discovery and reporting, as well as the preservation and protection, of underwater archaeological resources. Generally, those resources are defined as abandoned property, artifacts, treasure troves, and shipwrecks. The Commonwealth holds titles to these resources and retains regulatory authority over their use. No person may remove, displace, damage or destroy any underwater archaeological resource except in conformity with permits issued by the Board.
In order to enhance your understanding of the Board, I am taking this opportunity to explain the permit application process. The Board issues two types of permits: reconnaissanceand excavation. The application fees are $10.00 per year for a reconnaissance permit and $100.00 per year for an
excavation permit. Checks should be made payable to the Commonwealth of Massachusetts. In completing the permit application, the applicant should refer to the Board's regulations. The applicant should address all sixteen points outlined in the regulations. If more space is needed than is provided in the application, the applicant should not hesitate to attach additional pages. In order fora permit to be considered at a Board meeting, a complete application must be received by the Board at least 10 days in advance of that Board meeting.
To deal with certain type of artifact discoveries, the Board's regulation's provide an exemption from thepermit process for Isolated Finds and Exempted Sites. In order to obtain title to this underwater archaeological resource under the isolated find exemption, an applicant must complete and return the Isolated Find form along with a map (USGS topographic map or NOAA chart) indicating the location of the find. In completing the form, the applicant should detail the research you undertook to determine this resource should be considered an isolated find by the Board. While there is no applicant fee for an isolated find, Isolated Finds application must be received by the Board at least 10 days in advance of that Board meeting. The application form is
available for download at: www.mass.gov/czm/buar/buarif.pdf
The purpose in creating an exempted shipwreck site is to preserve such sites for the continued enjoyment of the recreational diving community. Recreational diving activities, including casual artifact collection, on exempted shipwreck sites does not require a permit from the Board. However, any major disruption of the site is prohibited. The List of Exempt Shipwrecks is open to modification. The recreational diving community is encouraged to protect these sites for the continued enjoyment of all. For a List of Exempt Shipwrecks, please visit: www.mass.gov/czm/buar/buares.htm
The Board may also establish underwater archaeological preserves. The purpose of underwater archaeological preserves is to recognize and protect those resources of substantial archaeological and/or historical value. While access for recreational, scientific and historical purposes is guaranteed, collecting will not be allowed except for scientific or historical purposes, and the artifacts remain the permanent property of the Commonwealth.
If you should have any questions or if I can be of assistance, do not hesitate to contact me (see information below). I hope that all of you have a safe and
enjoyable dive season.
Sincerely yours,
Victor T. Mastone
Director and Chief Archaeologist
Board of Underwater Archaeological Resources
251 Causeway Street, Suite 800
Boston, MA02114
Direct Line: 617-626-1141
Fax line: 617-626-1240
Email: victor.mastone@state.ma.us
Website: www.mass.gov/czm/buar/index.htm