SCOTLAND’S HISTORIC MARINE PROTECTED AREAS Scotland’s historic marine protected areas

This booklet explains what historic marine protected areas are and our role in advising the Scottish Government in designating these areas.

Scotland’s historic environment has been They range from the wrecks of shaped by people for over 10,000 years. 17th-century warships, a 17th-century Past generations have left their mark on Dutch merchant trading vessel and our towns and cities, and the countryside HMS Campania. Once a Blue Riband- around us. The sea has also played a winning transatlantic liner, Campania crucial role in shaping Scotland’s history, was converted by the Admiralty in 1915 providing a source of food and energy, for military use. The first flight from an a means of defence from invasion, and a aircraft carrier with a permanent flight springboard for trade and communication deck took place on 5 May 1915 from between neighbouring communities and the deck of HMS Campania. across oceans. The historic character of our environment Measures to protect our built environment is important to our quality of life and first became law in the United Kingdom it helps us to understand who we in 1882. The first historic marine protected are. Historic marine protected areas areas came into existence in 2013. contribute to making Scotland a great place to live, work and visit. They also Historic marine protected areas identify contribute to the Scottish Government’s marine historic assets of national vision for ‘clean, healthy, safe, productive, importance which survive in Scottish biologically diverse marine and coastal territorial waters. These can be wrecks environments, which are managed to of boats or aircraft or more scattered meet the long-term needs of people remains, such as groups of artefacts and nature’. on the seabed from a submerged prehistoric landscape. Today’s sea users have an important part to play in managing our heritage. They can help to make sure that future generations will be able to enjoy our historic marine protected areas.

Cover: An archaeologist examines the stern section, including door, of the Duart Point wreck, Sound of Mull © Historic Environment Scotland (Drs Colin and Paula Martin Collection) Left: Historic photograph of ships in Charlestown, showing what Scotland’s harbours once looked like © Historic Environment Scotland (Erskine Beveridge, N. Mayland Collection)

2 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 3 What are historic marine protected areas?

Historic marine protected areas (historic MPAs) are the way that ‘marine historic assets’ of national importance which survive in Scottish territorial waters (out to 12 miles offshore) are protected by law.

The power to create historic MPAs is Historic MPAs began in 2013. To become under Part 5 of the Marine (Scotland) Act a historic MPA a marine historic asset 2010 see legislation.gov.uk/asp/2010/5/ must be of national importance and meet contents. In Scotland they have replaced the criterion of national importance (see use of section 1 of the Protection of page 7). We advise Marine Scotland and Wrecks Act 1973. the Scottish Ministers decide whether to designate sites. The term ‘marine historic assets’ is defined in law and can include remains As well as historic marine protected areas, of a wide variety of man-made structures, there are also nature conservation marine including wrecks of boats and aircraft. protected areas and demonstration and It can also include more scattered remains research marine protected areas. These such as groups of artefacts on the seabed types of designation are managed by from a submerged prehistoric landscape. Marine Scotland.

The purpose of historic MPAs is to preserve marine historic assets of national importance. Planning permission and marine licences may be required for some types of work and other activities within historic MPAs. It is also a criminal offence to remove, alter or disturb marine historic assets, or carry out activities which could damage or interfere with a marine historic asset or have a significant effect on the protected area.

Left: The carved face of a winged cherub, a human arm bone, and remains of a wooden cask – Duart Point wreck, Sound of Mull © Historic Environment Scotland (Drs Colin and Paula Martin Collection) Above: A brass protractor and rule inscribed ‘Johan Lewis Dub: Fecit’ recovered from HMS Dartmouth’, Dartmouth HMPA, Sound of Mull © Historic Environment Scotland (Drs Colin and Paula Martin Collection)

4 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 5 Assessing marine sites

We consider each site on its own merits before providing our advice to Marine Scotland. Historic MPAs must be of national importance to qualify for the designation.

For a marine historic asset to be When deciding national importance, a considered of national importance it must marine historic asset should demonstrate first have a particular cultural significance one or more of the following. which relates to its artistic, archaeological, • It makes a significant contribution to architectural, historic, traditional, aesthetic, our understanding or appreciation of scientific, or social interest. the past, or has the potential to do so. Our understanding of cultural significance It may do so in itself, or as an example can change over time, especially if there of a specific type of marine historic asset is new information, or there are changing or as a geographical group of related ideas and values about our heritage. marine historic assets.

Our designation policy and selection • It retains structural, technical, decorative guidance explains how we assess marine or other physical attributes, which historic assets for designation. Go to make a significant contribution to our historicenvironment.scot/designation- understanding or appreciation of the policy for more details. past. The remains can be upstanding fabric, evidence of buried archaeological We consider cultural significance under structures and deposits, scatters of the following headings. artefacts or a combination of these. • Intrinsic characteristics • It is a rare example of a marine How the physical remains of a site or historic asset type when assessed place contribute to our knowledge of against knowledge of the history and the past. archaeology of Scotland, its seas, and • Contextual characteristics their place in the wider world. How a site or place relates to its • It is a particularly representative example surroundings and to our existing of a type of marine historic asset when knowledge of the past. assessed against knowledge of the • Associative characteristics history and archaeology of Scotland, its How a site or place relates to people, seas, and their place in the wider world. practices, events, and historic and • It has research potential which social movements. could significantly contribute to our understanding or appreciation of the past.

Above: Cannon and anchor, Kinlochbervie HMPA, Sutherland © Historic Environment Scotland

6 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 7 • It makes a significant contribution to We also consider the implications of the Designation proposals and reviews the marine historic environment and designation. Even if a marine historic asset wider marine environment. This may may otherwise meet the criteria, it may include the relationship of the marine not always be appropriate to designate it. Anyone can propose a site for designation as a historic MPA historic asset and its parts with other For example, offshore oil installations may or ask us to amend or remove an existing designation. marine historic assets or features in its be historically significant but, as they have surrounding area. to be decommissioned at the end of their You can do any of this by filling in our Before the Scottish Government life to meet international commitments, application form. The form is available on decides to designate a historic MPA, • It has significant associations with designation would not be appropriate. our website at historicenvironment. scot/ Marine Scotland will normally expect us historical, traditional, social or artistic designation-application, or we can post to consult a wide range of people likely figures, events or movements that are you a copy. to be interested in or affected by the of national importance. proposal. We follow the same process Once we receive your form, we will for amending and removing existing acknowledge your application and decide designations. how best to deal with your request. In some circumstances we may not go We can make the case for an exception ahead with an application. If we decide if there is an urgent threat to a marine not to go ahead, we will let you know historic asset – for example if a recently as soon as possible. You can find more discovered historic wreck site is at risk detailed information on how we assess of salvage. In these cases, Scottish sites and places, including our criteria Ministers can designate immediately and selection guidance, in our designation without consultation but the designation policy at historicenvironment.scot/ is limited to a maximum of two years. This designation-policy. gives time for further research and full consultation to take place. Our assessments will normally include research and choosing which of the Once a statutory change has taken place, heritage designations is most appropriate we tell interested people and publish a for the site that you’ve proposed (see report of handling, giving information page 17 for information on all our about the decision on our online portal. heritage designations). We may also visit As knowledge of Scotland’s seas the site. For underwater sites, we work increases, we welcome information about with partners in the Scottish Marine new discoveries. Protected Areas project to share information from marine surveys and we If you find a site that you think may be can commission site visits through our of historic importance, you can help underwater archaeology services by recording its position and as many contract. These sometimes involve details about it as you can, ideally specialist geophysical survey and visual without disturbing it. You should report evaluations by skilled diving any discoveries to the UK Receiver of archaeologists and can take a Wreck and to us so that we can record considerable amount of time to your information on Canmore, our online complete. catalogue of heritage sites. See historicenvironment.scot/canmore. Above: Diver investigating guns and hull structure on the seabed within the Drumbeg HMPA, Sutherland The aim of the investigation is to assess © Historic Environment Scotland the site against the set criteria (see page 8 7) before we give our advice to Marine 9 Scotland.

SCOTLAND’S HISTORIC MARINE PROTECTED AREAS Historic marine protected area records Each historic MPA is given a record to help people understand why the site is of national interest.

You can search the records online on • advice on man-made activities which our website. can hinder preservation objectives and which sea users and public authorities Each record has: should take into account. We also • a description of the site outline any regulations relevant to • a statement of national importance managing the area, such as marine • a map showing the boundaries of the conservation orders which might designation (where individual sites such restrict or forbid a particular activity. as wrecks are being protected, these You can also download geographic will normally be small circular protected information about historic MPAs from areas around the centre of the site) our website portal.historicenvironment. • preservation objectives for the area – scot/spatialdownloads for use in these set out what the designation geographic information systems or find aims to achieve, depending on what out about historic MPAs through National is considered practical in each case Marine Planning interactive • information relating to survival and gov.scot/Topics/marine/ condition of the site – based on seamanagement/nmpihome. monitoring information we collect • references and links to reports – for The boundaries of historic MPAs also example to our other online sources appear on marine charts. of information If you notice an error on one of our • photographs and other images, and historic marine protected area records, you can ask us to correct it using our Left: The site of the Drumbeg wreck, Drumbeg application form HMPA, Sutherland © Historic Environment Scotland historicenvironment.scot/designation- Below: Archaeologist’s site plan of the Duart Point wreck, Sound of Mull © Historic Environment Scotland application. (Drs Colin and Paula Martin Collection)

10 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 11 Visiting and working with historic marine protected areas

Unless there are separate restrictions in Developments such as marine aquaculture place, you are welcome to visit historic will need planning permission. Activities MPAs. We encourage people to record, that need a marine licence may include: appreciate and conserve our marine • depositing substances or objects heritage. into the sea or onto the seabed • removing substances or objects You can take photographs and from the seabed measurements and record marine life, but • construction, alteration and you must not remove objects from the site. improvement work, and dredging.

It is a criminal offence to intentionally Local authorities and Marine Scotland or recklessly remove, alter or disturb may ask for our view on certain proposals marine historic assets, or carry out which will affect historic MPAs. We activities which could damage or are happy to discuss proposals with interfere with a marine historic asset applicants at an early stage and we or significantly hinder a protected area’s encourage you to contact us. preservation objectives. Marine conservation orders If you are in any doubt, please read our historic MPA records, which provide In some cases the Scottish Government guidance about what activities can take may decide there is a need to ban, restrict place at each site. or regulate particular activities and will normally do this through marine Planning permission and marine licences conservation orders, an extra legal power that supports the preservation You don’t need a specific type of objectives of historic MPAs. We advise permission to carry out work inside a Marine Scotland on the need for marine historic MPA. However, you may need conservation orders and keep these planning permission or a marine licence under review. (or both). You can apply for planning permission from your local authority Commercial fisheries and for marine licences from Marine Scotland’s Licensing Operations Team Within historic MPAs, fishermen should see www2.gov.scot/Topics/marine/ try to avoid disturbing historic assets on Licensing/marine. the seabed and we work to make sure that fishermen are aware of their location. Left: A recreational diver explores the Duart Point If the Scottish Government needs to HMPA, Sound of Mull. Visitors are welcome on this site © Historic Environment Scotland (Drs Colin and restrict or forbid particular types of Paula Martin Collection) commercial fishing in a historic MPA,

12 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 13 they would do this through existing Advice about management plans If you want to carry out ‘intrusive’ Reporting finds fisheries regulations or marine archaeological investigations (for Non-statutory management plans are All wreck material recovered from the conservation orders. example, excavate and recover objects), useful in helping to co-ordinate effective seabed, no matter how small or seemingly you need to contact us as you will need partnership approaches to investigating, insignificant, must be reported to the Public authorities a marine licence from Marine Scotland. protecting and managing historic MPAs. Receiver of Wreck under the Merchant When advising applicants and Marine Public authorities (such as harbour We are happy to provide advice on Shipping Act 1995, gov.uk/government/ Scotland, we recommend that projects authorities with responsibilities for developing management plans. groups/receiver-of-wreck. follow the best-practice standards set maintaining navigation channels, and out in the annex of the 2001 UNESCO government organisations, marine Archaeological projects Convention on the Protection of the planning partnerships and planning If you would like to get involved in Underwater Cultural Heritage authorities with responsibilities for recording and monitoring historic MPAs, unesco.org/new/en/culture/themes/ planning, such as preparing regional you can get the necessary skills and take underwater-cultural-heritage/2001- marine plans and local development plans) part in organised projects, such as those convention. are expected to carry out their duties run by the Nautical Archaeology Society in a way that respects the preservation nauticalarchaeologysociety.org. objectives of historic MPAs. Community projects can be a great way of adding to the educational and We provide expert advice to these public recreational potential of historic MPAs. authorities with the aim of making sure that work and activities at sea can be Below: Brass lid with engraved windmill from the wreck planned in such a way as to keep the Below: HMS Campania in 1917 © The Scotsman of the Kennemerland, Out Skerries HMPA, Shetland © effect on historic MPAs to a minimum. Publications Ltd. Colin J M Martin.

14 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 15 Other heritage designations

We are responsible for designating other types of heritage assets, including listed buildings, scheduled monuments, gardens and designed landscapes, and historic battlefields.

There is more information about these on Search for historic marine protected our website historicenvironment. scot/ areas, other designations and our decisions advice-and-support. You can search for all of our designations Scotland has over 600 conservation areas on our online portal at portal. which are designated by local authorities. historicenvironment.scot. You will also Local authorities must decide which parts find information about our designation of their areas are of special architectural decisions. If you are still not sure whether or historic interest, and they may the area you are interested in is a historic designate these as conservation areas. marine protected area, you can email or The public will normally be consulted on phone us for help. Our contact details are any proposal to designate conservation at the end of this booklet. areas or to change their boundaries. Scotland’s Environment website at World Heritage Sites are recorded environment.scotland.gov.uk also has a by UNESCO (The United Nations map-based search as well as more Educational, Scientific and Cultural environmental information, including Organisation) as places of outstanding conservation area boundaries. universal value in terms of their cultural or natural heritage whc.unesco.org. There is information about existing MPAs protected for biodiversity purposes Scotland currently has six World Heritage within inshore waters on Scottish Natural Sites. Information on these is given on our Heritage’s website nature.scot. website historicenvironment.scot/world- heritage-sites. You can find information about MPAs designated for biodiversity purposes The Ministry of Defence is responsible for within Scottish offshore waters on the administering the Protection of Military Joint Nature Conservation Committee Remains Act 1986 which deals with war website jncc.gov.uk. graves. For enquiries about shipwrecks and the Protection of Military Remains Act 1986, please email Navy Command Third Sector at: [email protected].

Above: A diving archaeologist conducting a metal-detector survey of the wreck of the Adelaar, Barra © Historic Environment Scotland (Drs Colin and Paula Martin Collection) SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 16 17 Further information

There is more information about historic marine protected areas on our website historicenvironment.scot/advice-and-support.

Advice on development proposals – Historic MPA guidelines – for more detailed guidance on how historic If your proposals need planning MPAs are designated and managed, permission, contact your planning see our website authority. For marine licences, contact historicenvironment.scot/advice- Marine Scotland’s Licensing Operations and-support. Team gov.scot/Topics/marine/Licensing/ marine. Suggestions and complaints

We also provide advice about managing We welcome feedback about historic a historic marine protected area. There marine protected areas. Please let us is more information about this on our know what you think by sending an website at historicenvironment.scot/ email to [email protected]. managing-change-guidance-notes. You We are committed to providing high- can also phone us on 0131 668 8716. quality services. We value complaints and use information from them to help Grants us improve our services. Historic Environment Scotland offers various grants and funding schemes. If something goes wrong or you are not Individuals and organisations can apply happy with our services, please tell us. for financial help with projects and works that benefit the historic environment. For Complaints Officer more information about our grants see Historic Environment Scotland our website at historicenvironment. scot/ Longmore House grants-and-funding. Salisbury Place Edinburgh Relevant laws and policy EH9 1SH – The Marine (Scotland) Act 2010 Phone: 0131 668 8600 legislation.gov.uk/asp/2010 Email: [email protected] /5/contents.

– Historic Environment Policy Statement You can find out more about our for Scotland complaints procedure on our website historicenvironment.scot/heps. at historicenvironment.scot/ complaints. – Scotland’s National Marine Plan: www2.gov.scot/Topics/marine/ seamanagement. Above: The islands of Shetland. This map by Herman Moll (1655-1732) refers to the wrecking of Kenmemerland (as ‘Carmelian of Amsterdam’, Out Skerries), in 1664 © Shetland Museum & Archives

18 SCOTLAND’S HISTORIC MARINE PROTECTED AREAS 19 © Historic Environment Scotland 2019 Any enquiries regarding this document should be sent to us at: You may re-use this information (excluding logos and images) free of Historic Environment Scotland charge in any format or medium, under Longmore House the terms of the Open Government Salisbury Place Licence v3.0 except where otherwise Edinburgh stated. EH9 1SH

To view this licence, visit http:// Phone: +44 (0) 131 668 8600 nationalarchives.gov.uk/doc/open- Website: www.historicenvironment.scot government-licence/version/3/ You can download this publication or write to the Information Policy from our website at Team, The National Archives, historicenvironment.scot Kew, London TW9 4DU, or email: [email protected]

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

Historic Environment Scotland is a Historic Environment Scotland Non Departmental Public Body (NDPB) Designations and a registered Scottish Charity Longmore House (SC045925). One of our functions is Salisbury Place to advise the Scottish Government on Edinburgh historic marine protected areas. EH9 1SH

This booklet explains what a historic Phone: 0131 668 8914 marine protected area is and how we Email: [email protected] help to assess them for designation. Website: historicenvironment.scot It is also available in Gaelic as Raoin Mara Tèarainte Eachdraidheil.

Publication date: 2019

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