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Annex to the Protocol
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest
in Relation to Aircraft Crash Sites at Sea
Wessex Archaeology
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
prepared by
Wessex Archaeology
Purpose
In 2005, the British Marine Aggregate Producers Nominated Contacts in relation to providing
Association (BMAPA) and English Heritage (EH) archaeological support to BMAPA companies in
jointly published The Protocol for Reporting Finds relation to finds made at wharves and on vessels
of Archaeological Interest. The Protocol sets out during the course of aggregate dredging. The
best practice in dealing with archaeological finds Implementation Service began in September 2005
made in the course of marine aggregate dredging. and since then the remains of several aircraft
cash sites at sea have been reported. The number
Rather than have many different protocols, each of discoveries appears to be increasing, though
designed for different dredging areas and the apparent increase may also reflect better
potentially with varying provisions, BMAPA and communication between those discovering sites
English Heritage decided it would be preferable and archaeologists. Aircraft crash sites reported
to have a single unifying protocol applicable to under the BMAPA/English Heritage Protocol for
all dredging areas, vessels and wharves. The Reporting Finds of Archaeological Interest include
existence of a single protocol would ensure the following:
consistency and therefore encourage participation
by everybody involved in the marine aggregate • A Supermarine Attacker off Worthing
dredging industry. Consistency would also make (pre-Protocol).
it easier for archaeologists and other relevant • A possible American bomber off Lowestoft
parties to provide appropriate advice. (pre-Protocol);
• Aircraft remains from Area 254 (UMD_0059);
The aim of the Protocol is to reduce any adverse • Aircraft remains from Area 430 (UMD_0061);
effects of marine aggregate dredging on the • Rudder pedal and lamp from Area 430
historic environment by enabling people working (UMD_0062);
in the industry to report their finds in a manner • The site of a German aircraft, including human
that is convenient and effective. remains, from Area 430 (UMD_0080-83).
English Heritage recognises the importance of Aircraft remains are of particular concern to
sites in terms of their survival, rarity or historic the aggregate dredging companies as they are
importance and would wish to minimise difficult to identify through geophysical survey,
unnecessary disturbance. Of particular interest their location is often unreported, and aluminium
would be sites which include components of an contaminates loads and cannot be removed by
aircraft of which very few or no known complete magnetic methods. Also they are frequently
examples exist. However, the commonplace associated with ordnance and human remains.
where they survive well; include key components In addition, unlike shipwreck sites military
(such as undercarriage, engines or turrets); were aircraft sites receive automatic protection under
associated with significant raids, campaigns or the Protection of Military Remains Act (1983)
notable individuals or where the identity of the and it is an offence to disturb a site once the
airframe can be established are also of interest presence of a crash site is known. As such, it
(EH, 2002). was thought appropriate that further guidance
be prepared which relates specifically to the
Following introduction of the Protocol, BMAPA treatment of aircraft remains through the
instituted the Implementation Service, through Protocol. The aim of this guidance is to ensure
which Wessex Archaeology (WA) fulfils some that both industry personnel and regulators are
elements of the role of EH set out in the Protocol. aware of the way to address such finds through
WA therefore acts as the first point of contact for the Protocol in the most appropriate manner.
1
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Existing geophysical and desk based data provided Unclaimed wreck in Territorial Waters
by the client should also be reviewed where Under the Merchant Shipping Act 1995, wreck,
aircraft remains are suspected. The assessment of including civilian aircraft that is found in
this information should highlight the presence of Territorial Waters and is not claimed within a
recorded aircraft crash sites in the area but the year automatically becomes the property of the
information is incomplete and, particularly for Crown. In some areas – usually close to the shore
aggregate licences on the south and east coasts – the Crown’s right to unclaimed wreck has been
of England, the chances of unreported aircraft granted to another beneficiary.
remains being in the vicinity is moderate to high.
Unclaimed wreck on the UK Continental Shelf
Further information about aircraft crash sites at beyond Territorial Waters
sea, their legislative framework, archaeological The stipulations of the Merchant Shipping Act
context and importance both archaeologically and 1995 apply to all wreck, including civilian
socially is set out in Aircraft Crash Sites at Sea: aircraft, which is brought within UK territorial
A Scoping Study (Wessex Archaeology 2008). waters, irrespective of where it was recovered.
However, the provisions in respect of Crown
Ownership of Aircraft Wreckage ownership apply only to civilian aircraft
Statutory law relating to ‘wreck’ is set out recovered from territorial waters.
principally in the Merchant Shipping Act 1995.
The common law relating to wreck is to be found Civilian aircraft recovered from outside UK
in legal cases and commentaries. territorial waters that remains unclaimed after
one year of reporting is not claimed by the
All wreck, which includes aircraft remains, is Crown, and in most circumstances will be
presumed to have an owner, and ownership is returned to the finder once any expenses incurred
not lost through the passage of time. It is a legal have been settled.
requirement under Section 236 of the Merchant
Shipping Act 1995 that wreck material be The Crown asserts its ownership of UK military
reported to the Receiver of Wreck, in order to aircraft on the seabed, as does the US Navy,
establish ownership and settle salvage claims. If irrespective of their position and age and the US
ownership cannot be established by the Receiver Air Force does so in the case of those aircraft lost
within one year of receipt of the report, the since 1961. The US authorities do, however, assert
wreck becomes ‘unclaimed wreck’. their rights irrespective of location and age where
human remains are present.
Original owners
Owners of civilian aircraft who are able to prove Protection of Aircraft Wreckage
their ownership to the satisfaction of the Receiver In the case of aircraft additional legal provisions
of Wreck are entitled to have their property apply, specifically those of the Protection of
returned to them on payment of a salvage award. Military Remains Act 1986. The remains of all
aircraft which crashed whilst in military service,
In the case of military aircraft belonging to UK whether on land or at sea, are protected to the
(Royal Flying Corps, Royal Air Force, Fleet Air extent laid down by the Act. It is an offence
Arm), they are also automatically the property under this Act to tamper with, damage, move or
of the Crown until such time as the MoD decides unearth any remains which come within the scope
to dispose of them. In the case of military aircraft of the Act unless the Secretary of State has issued
belonging to defeated enemy combatants (i.e. a Licence authorising such things to be done, and
Luftwaffe aircraft) then they are regarded as they are done in accordance with the conditions
captured enemy property deemed surrendered of the Licence. Aircraft remains covered by the
to the Crown and are automatically the property Act comprise:
of the Crown. In the case of military aircraft
belonging to an allied power, principally American • The remains of aircraft which have been in the
aircraft from World War II, then United States military service of any country and which lie
naval aircraft remain the property of the United in UK territorial waters; and
States Navy but the United States Air Force does • The remains of all aircraft which have been
not assert ownership of air force or army air corps in UK military service lying in international
aircraft from prior to 1961, such aircraft are waters.
considered abandoned.
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
All military aircraft should be reported to What to do if Aircraft Finds are Suspected
the Ministry of Defence through the Historic
casework Section of the Joint Casualty and In the case of finds suspected to be from an
Compassionate Centre (JC&CC) at RAF Innsworth aircraft crash site, the rest of this document
in Gloucestershire. They will then liase with will attempt to guide the reader through the
the parent country, particularly in relation to the actions required through the Protocol by
repatriation/internment of human remains. The the Site Champion, Nominated Contact and
primary concern of the JC&CC is the protection Implementation Service. It will also indicate
and respectful treatment of human remains. specific issues relating to aircraft material and
For this reason there is a presumption with a additional actions and research that may be
military crash site that human remains are likely required beyond the scope of the Protocol that
to be present. will feed into an assessment of the importance
of the site and how it should be managed.
The JC&CC Guidance states that “In many cases
crews will have escaped from aircraft before they Discoveries on the Seabed
crashed but there is still a possibility of human As per normal practice with the Protocol, if an
remains being found. On receipt of an application anomaly such as resistance on the draghead or
to recover a crashed aircraft, the Ministry of interruption in the flow of aggregate indicates
Defence will endeavour to determine if there is that an object or structure has been encountered
a possibility of human remains being found in the on the seabed, the Officer on Watch shall
wreckage. If it is known or suspected that there inform the Master, who will normally be the
might be human remains at the site, a licence Site Champion.
will not be issued” (JC&CC, 2007, emphasis in
original). Where it is possible to identify the position of the
anomaly, the Officer on Watch shall avoid making
The identification of individual aircraft is unlikely additional dredging passes in the vicinity of the
from finds from aggregate areas, though it should seabed location until archaeological advice has
be possible in many cases to determine the been obtained.
aircraft’s nationality and type. The difficulty
in identifying individual aircraft may impede The Officer on Watch will arrange for dredging
research by JC&CC into the likely presence of gear to be examined as soon as possible to see
human renmains and/or ordnance, and may if any archaeological material is trapped within
therefore inhibit the issuing of a licence to it, and will inform the Master (Site Champion
remove the aircraft’s remains. However, a licence accordingly.
may be granted if there is a demonstrable
pressing need, and the landowner (The Crown Discoveries on Board
Estate in the case of marine aggregates) insists. As per normal Protocol practice if a find is found
lodged in the draghead or seen in the aggregate
on the vessel, the Officer on Watch shall inform
the Master, who will normally be the Site
Protocol Champion.
Process
As above, where it is possible to identify the
approximate position of origin off the find on
Site the seabed based on the last dredging run, the
Champion Officer on Watch shall avoid making additional
dredging passes in the vicinity of the seabed
Additional location until archaeological advice has been
Research obtained.
Nominated
Contact Discoveries at a Wharf
In the event that a find of archaeological interest
is made on the screens used for processing
aggregate, on reject stone piles, or on debris
Implementation magnets, the wharf staff shall inform the
Service Site Champion.
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Actions by the Site Champion In the case of ordnance being recovered Health
and Safety is paramount and the appropriate
If on a vessel, the Master (Site Champion) shall industry guidelines will take precedence.
note the occurrence as soon as possible in the
vessel’s log, together with the time and exact If human remains are present a report should
vessel position. Where possible, the log entry be filed with the police and a Crime Reference
should include a close approximation of the Number Obtained. It will be the responsibility of
original position of the anomaly on the seabed. the Police, in conjunction with the Coroner, to
Additionally, the area shall be marked on assess if the remains are from a possible crime
navigational software. scene or are of archaeological interest.
Further, whether on a vessel or at a wharf, the A summary of actions to be taken by the Site
Site Champion shall compile a preliminary record Champion are included in the flow chart below.
of the occurrence, inform the Nominated Contact
of the occurrence as soon as possible, and pass These actions are particularly important where
on all available information, including a copy military aircraft are suspected as the Protection
of the Preliminary Record and copies of any of Military Remains Act 1986 will apply and the
photographs, drawings or other records that crash site will automatically be designated as a
have been made. “Protected Place” and as such it is an offence to
tamper with the site. Whilst it is not an offence
An urgent response is particularly important to unwittingly disturb an aircraft crash site, it
where aircraft wreckage is suspected given is an offence to further disturb the site once
the possibility of human remains and ordnance its location has been established. A licence
being present. obtainable from the MoD is required to disturb a
military aircraft crash site and will not normally
If any finds have been recovered, the Site be granted if ordnance or human remains are
Champion shall arrange for them to be immersed suspected. If a licence is granted and human
in seawater in a suitable, clean container, which remains or ordnance are discovered then the
should be covered. Any rust, concretion or marine provisions of the licence are immediately
growth should not be removed. suspended prior to further investigations
(ref. JC&CC 2007).
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Yes
No
5
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
6
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Prepare to instigate
Are the finds
No 'managed dredging'
localised ?
to localise possible crash site
Yes
Report
through the Protocol
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Actions by the Implementation Service The Implementation Service shall advise the
Nominated Contact of any such further actions
In the case of aircraft remains the as they might be required, including:
Implementation Service will assume the remains
are military in origin, unless there is strong • immediate actions to be taken in respect of
evidence to the contrary. This is a precautionary the find;
approach given that the vast majority of crash • the identification of finds and the character
sites are of military aircraft, and given that the of their seabed locations;
Protection of Military Remains Act 1986 would • proposals to further evaluate any finds;
therefore apply. • proposals to mitigate the effects of dredging
on any finds.
A flow chart indicating the actions to be
undertaken in addition to those normally The Implementation Service shall liase,
associated with the operation of the Protocol, as appropriate, with:
in the case of aircraft finds, is shown below.
• the English Heritage Maritime Team;
The Implementation Service will seek advice from • the relevant regional office of English Heritage;
experts in the field (the RAF Museum, Hendon, in • the relevant local government archaeological
the first instance) to confirm that the find is from officer(s);
an aircraft, and obtain any further information as • the relevant Portable Antiquity Officer;
to type or nationality that may be immediately • the Receiver of Wreck;
apparent from the finds. • the Ministry of Defence, JC&CC and JPAC
(if appropriate);
The Implementation Service will assess the • The Crown Estate;
dredging track together with any Archaeological • other individuals/institutions having previously
Assessment carried out for the licence, and declared an interest to the Company.
sidescan sonar data in the immediate vicinity
(if available) to attempt to define the crash site. The Implementation Service shall take account
of the views of the above, and inform them of
In the case of only a few finds being present, the subsequent actions as per the Protocol, and
Implementation Service will advise the Nominated summarised below.
Contact on the requirement for increased
vigilance by wharf and vessel staff, and if The Implementation Service shall pass details of
necessary, the introduction of some form of the find, and subsequent data, to the National
managed dredging strategy to help define the Monuments Record (NMR) and to the appropriate
crash site. If there are multiple finds it is likely local Historic Environment Record(s).
that a TEZ will be required covering the dredging
track from which the load/loads containing the The Implementation Service shall make
finds originated. This will be set up by the arrangements for the Company to hold in
Nominated Contact. If the finds cannot be tied possession any recovered finds, and provide the
to a particular load then a managed dredging Implementation Service with such items as may
strategy will be needed to further define the site, be needed to further the assessment, subject to
and this will be agreed and disseminated through agreement with the Receiver of Wreck or MoD.
the Nominated Contact.
The Implementation Service will advise the
Where human remains are present, confirmation Company on any additional work required to
will be sought that these have been treated stabilise, conserve or record recovered finds.
appropriately and have been reported to the The Company may regard any such additional
Police and the Coroner. The Police are likely work as a service and seek to recover any costs
to remove the items in the first instance and from the owner of the find. In addition, the
a Crime Reference number and contact details Implementation Service will inform the Company
should be obtained. The Implementation Service through the Nominated Contact of any additional
will liase with the Site Champion and Nominated research that may be required.
Contact so that once the Coroner has deemed
that the remains are not the subject of a criminal As per the Protocol, the Implementation Service
investigation and are archaeological they can shall advise the Company on the implementation
be released to the Implementation Service. of procedures for resolving ownership, and for
There they will be assessed as to age and sex disposing of any finds.
and stored appropriately until they can be
released to the MoD.
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Few Yes
Recommend Confirm/
'extra vigilance' on Re-design TEZ
loads from the licence (in conjunction with the Nominated Contact)
Where
human remains Have they been deemed Have them sent to the
Yes
identified? archaeological and released Yes Implementation Service for
No by the coroner? assessment and temporary storage
Inform EH/BMAPA/ No
operator/JCCC/RoW
of findings and
Yes Await their release
recommendations for
further research
if required
Is additional work Report If civilian the PMR Act does not apply.
warranted beyond the No
through the Protocol
i) If of archaeological interest confirm TEZ as AEZ
scope of the protocol ? (in conjunction with EH and Nominated Contact)
ii) If not of archaeological interest Protocol does
Yes not apply, advise Nominated Contact accordingly
Additional research
costs to be borne by If military the PMR Act does apply.
Confirm TEZ as AEZ
the licence operator (in conjunction with EH and Nominated Contact)
Do Additional Research
9
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Answers to the above questions are linked to an • the English Heritage Maritime Team;
assessment of the significance of the finds and • the relevant regional office of English Heritage;
the view likely to be taken by the regulators on • the relevant local government archaeological
the appropriate mitigation required. officer(s);
• the relevant Portable Antiquity Officer;
Determining the location of the crash site is • the Receiver of Wreck;
important to the Operator as a wide TEZ is likely • the Ministry of Defence, JC&CC and
to incorporate a significant portion of the licence, Joint Personnel Accounting Command
and a more precise location could release much (if appropriate);
of that aggregate for dredging. An initial review • The Crown Estate;
of existing geophysical data may be undertaken • other individuals/institutions having previously
by the implementation service but it is likely that declared an interest to the Company.
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Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
No
11
Guidance on the use of the Protocol
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
12
Wessex Archaeology