Maritime & Coastguard Agency Spring Place 105 Commercial Road Southampton SO15 1EG

Mr Jonathan Mantle Website: www.dft.gov.uk/mca/ By email Our Reference: F0001493

23 February 2016

Dear Mr Mantle,

FREEDOM OF INFORMATION ACT REQUEST - F0001493

Your request for information has been dealt with in accordance with the Freedom of Information Act 2000.

You have asked a number of questions which I will take in turn. Your questions are:

1. Please can you give full details of what all known known by your agency within British territorial waters. Following correspondence, this was amended to ask does the Maritime and Coastguard Agency (MCA) have records of all wrecks in UK territorial waters and with regard to a specific time period, please could you give me details of ships wrecked from 1900 until 2000, please. 2. Please can you also give all details of what someone would have to do when they have identified a and when a wreck is identified what is that process for yourselves? 3. Please could I also have all information about what your agency does when someone has access a ship wreck without prior agreement from appropriate government agencies. 4. Which law protects wrecks once identified by your agency from privateers who would take from wrecks for illegal gain? 5. What circumstances would there be needed for specific permissions or licences for accessing of wrecks? 6. More than anything I was interested in people trying to take good from a ship or such without authorisation.

I hope that the following responses will provide you with much of the information that you were hoping to find. I have numbered them for ease of reference.

Question 1. In response to your first question, the various different branches of the MCA hold a variety of information about shipwrecks around the UK. However, the MCA does not maintain a record of all known shipwrecks around the UK. It would be a significant undertaking for the MCA to provide you with full details of all shipwrecks in UK territorial waters which are known to the MCA. The time and resources required to provide this information would be such that it would not be possible to provide this information free of charge. Following our email correspondence, you refined this request to all wrecks in the date range of 1900 to 2000. However, this would still represent 100 years of wreck information which, for the MCA, would encompass information from HM Coastguard, the Receiver of Wreck, Counter Pollution and Salvage, the Secretary of State’s Representative for Maritime Salvage and Intervention (SOSREP), Navigation Safety Branch, Marine Offices throughout the UK and other branches of the MCA whose work has touched on any issues related to wrecks in UK waters. If there are particular wrecks that you are interested in, please let me know and it may be that this information can be provided more easily and without charge. Alternatively, you have my contact details and please do give me a call so that we can discuss how you might refine your request in order to focus on the information that you are most interested in.

In terms of Receiver of Wreck information particularly, as I have outlined above, we do not maintain a database of all wrecks within the UK. However, we do maintain a database which relates to salvaged wreck material. Using your date range of 1900 to 2000, I have made an initial calculation of how many records this is likely to encompass and have produced a spreadsheet sample of this data. This data relates to records which are flagged as ‘modern’ on our database. To be flagged as ‘modern’ the recovered material must be known to have been less than 100 years old at time of loss. As your date range terminates at 2000, I have not included records which clearly relate to more recent wreck material, for example items recovered from the MSC Napoli in 2007, recent losses of small vessels such as yachts, dinghies, tenders etc. and I have also not included records related to fishing nets which post- date 2000 (lost fishing equipment falls within the definition of ‘wreck’). This initial calculation suggests that approximately 5000 records would be encompassed within your query. To provide full information on each of these records would certainly attract a fee under the terms of section 13 of the Freedom of Information Act. In accordance with section 13 of the Freedom of Information Act 2000, the MCA may charge for information if the cost of providing the information exceeds £600. This is based on a rate of £25 per hour per member of staff. An initial estimate for providing full wreck details on each of these 5000 records is approximately 20 minutes per record. This is only for records held by the Receiver of Wreck and does not include a wider estimate of the cost across the MCA for providing full details of all wrecks known to the MCA dating between 1900 and 2000.

For this reason, the information that I have provided in the attached spreadsheet is relatively basic and it is a sample only, but it is provided free of charge. However, if there are particular wrecks listed on the attached spreadsheet that you would like further information on, please do let me know and it maybe that this more specific information can be provided without charge. Currently, the spreadsheet provides information on a sample of 300 records from the database and includes the droit

number (a reference number unique to each salvage claim), a description of the wreck material that was salvaged and the name of the wreck from which it was salvaged (if known).

As explained above, the MCA does not maintain a database of all known shipwrecks within UK territorial waters. However, there are a number of organisations that do maintain records of shipwrecks. For example, the Hydrographic Office (UKHO) produces charts for mariners and as part of that the UKHO maintains a database of wrecks and other seabed obstructions. You can find out more by visiting the UKHO website at http://www.ukho.gov.uk/Pages/home.aspx. If you would like to contact the UKHO, I would suggest that perhaps you try their archives and research section first at [email protected]. I understand that whilst this information is publically available, charges are likely to apply. Further information on the records held by the UKHO and charges for access to it can also be found on the gov.uk website at https://www.gov.uk/guidance/the-ukho-archive.

If you have not already done so, you might like to visit www.wrecksite.eu where you can find wreck data which is largely derived from the UKHO wreck database and Admiralty charts. Anyone can search this online database free of charge but you will need to subscribe for full chart and location information. For databases which focus on shipwrecks around the UK from a heritage perspective, a number of heritage agencies maintain databases which are freely available online. For example Pastscape, the Historic England database which can be found at http://pastscape.org.uk/. There is also the Canmore database formerly the database of the Royal Commission on the Ancient and Historic Monuments of Scotland (RCAHMS) which has recently merged with Historic Scotland to form Historic Environment Scotland. This online database can be found at http://www.rcahms.gov.uk/canmore.html. Also, Coflein is the online database for the National Monuments Record of Wales which is maintained by the Royal Commission on the Ancient and Historic Monuments of Wales (RCAHMW). Coflein can be found at http://www.coflein.gov.uk/.

Much of the information on shipwrecks which is likely to be held in MCA files is already publically available. I have outlined above a number of online databases which provide useful information on shipwrecks. However, for more modern vessel losses, you may find reports published on the website of the Marine Accident Investigation Branch (MAIB) at https://www.gov.uk/government/organisations/marine- accident-investigation-branch. For more historic vessel losses, some years ago the MCA’s collection of Board of Trade Enquiries was gifted to Southampton Central Library. The Library has since digitised some of these records which can now be accessed via the Port Cities website. The following is a link to the wreck reports. http://www.plimsoll.org/WrecksAndAccidents/wreckreports/default.asp. Whilst copies of some of these Enquiries are likely to be held within the Receiver’s files, we do not hold any copies of these which are not already publically available.

Whilst the above information is not exactly what you have asked for, I hope that it is of use to you and provides you with a broad understanding of what is already publically available. As outlined above, if this assists you in narrowing down particular wrecks or salvaged material that you are interested in, please do let us know and we will be able to provide more focussed information.

Question 2. For your second question, you have requested details of what someone would have to do when they have identified a shipwreck and, when a wreck is identified, what is the MCA process. The Merchant Shipping Act 1995 states that anyone finding or taking possession of wreck shall report it to the Receiver. When differentiating between discovering wreck and recovering wreck the Receiver requests and encourages the reporting of discoveries, but it is the reporting of recoveries which is a statutory obligation. Where a person, for example a recreational diver, is able to determine the identity of a charted/known wreck, they are not required to share that identity with anyone unless they have also recovered wreck material from the wreck site which they would be required to report to the Receiver. You can find information on the reporting process at https://www.gov.uk/search?q=Receiver+of+wreck. Where a previously unknown/uncharted wreck is discovered, the circumstances of the case will dictate what happens. For example, if the wreck is discovered through a seabed survey for offshore development or through the Civil Hydrography Programme, that information is passed to the UKHO in order that charts can be updated if necessary. The primary concern being one of navigational safety and whether the location and depth of the wreck is likely to cause a navigational hazard. In some circumstances, it may be that navigation warnings are issued. Specifically from a Receiver of Wreck perspective, our interest in the identification of shipwrecks is mainly in order to assist us in determining legal ownership of any material recovered from that wreck. If you have a particular scenario in mind, it would be possible to provide you with more specific information in order to more fully answer this question.

Question 3. In your third question, you have asked if you could have all information about what the MCA does when someone has accessed a shipwreck without prior agreement from appropriate government agencies. Again, this question very much depends on the circumstances of each case. In general terms, for the majority of wrecks in UK territorial waters, no consent is required prior to accessing them (ie diving on them). However, there are circumstances where prior agreement is required. For example, diving on or interfering with wrecks designated under the Protection of Wrecks Act 1973 without an appropriate licence (for section 1) or the written permission of the Secretary of State (for section 2) is a criminal offence and may lead to prosecution. For offences under section 1 of the Act, information on illegal diving activities is likely to be passed to the relevant heritage agency or directly to the police in order that they can take the matter forward. Potential offences under section 2 of the Act are likely to be passed to the MCA Enforcement Unit for investigation and possible prosecution. In Scotland, the relevant legislation is slightly different and wrecks may receive protection under the Marine (Scotland) Act. Offences under this Act are likely to be taken forward by a department of the Scottish Government, for example Marine Scotland or Historic Environment Scotland, depending on the nature of the offence.

For wrecks designated under the Protection of Military Remains Act 1986 licences may be required from the Ministry of Defence prior to any diving or interference with the wreck. All crashed military aircraft are automatically designated under the Protection of Military Remains Act, but vessels must be specifically designated. There are two levels of designation under this Act, one of which allows for diving on

a ‘look but don’t touch’ basis and one requires a licence prior to any diving or interference. You can find further information on the licensing process for crashed military aircraft on gov.uk at https://www.gov.uk/guidance/aviation-archaeology and more general information on wreck law at https://www.gov.uk/guidance/wreck-and- salvage-law#the-law-relating-to-wreck. In terms of action taken if potential offences under the Protection of Military Remains Act 1986 are identified, any investigation or prosecution is likely to be taken forward by the Ministry of Defence Police rather than the MCA. The following is a link to what I believe is the most up to date list of wrecks designated under the Protection of Military Remains Act 1986: http://www.legislation.gov.uk/uksi/2012/1110/pdfs/uksi_20121110_en.pdf.

Another example of when a government agency might need to know about the accessing of shipwrecks is where a licence is required under the terms of the Marine and Coastal Access Act 2009 (in England and Wales) and the Marine (Scotland) Act 2010 in Scotland. These Acts are administered by the Marine Management Organisation (MMO) in England, Natural Resources Wales in Wales and Marine Scotland in Scotland, they are not administered by the MCA. The Acts both outline what are marine licensable activities and these activities include the removal of anything from the marine environment and the deposit of anything within the marine environment. There are some exemptions to this but, for the most part, the salvaging of wrecks using any kind of lifting equipment is likely to require a licence from the relevant department prior to that activity taking place. Where offences may have been committed under either Act, these will be taken forward by the MMO, Natural Resources Wales or Marine Scotland rather than the MCA. Further information on the MMO and the licensing regime can be found at https://www.gov.uk/government/organisations/marine-management-organisation For information on Marine Scotland please see http://www.gov.scot/About/People/Directorates/marinescotland and for Natural Resources Wales please visit https://naturalresources.wales/?lang=en.

There may be other circumstances where some level of permission is required prior to accessing a shipwreck. For example if the SOSREP has issued a Temporary Exclusion Zone (TEZ) around a vessel or where harbour authorities have used their own statutory powers to restrict access to a particular site or a particular activity. For example, the Port of London Authority issue diving permits for some types of diving activities in the tidal Thames. If, in asking this question, you have a particular circumstance in mind, please do let me know and I will be able to provide you with a more specific response.

Question 4. Your fourth question asks which law protects wrecks once identified by your agency from privateers who would take from wrecks for illegal gain. The answer to this question is very similar to the answer given above for question three. Most wrecks do not receive any specific legal protection. Some may be designated under the Protection of Wrecks Act 1973 if they are of historic or archaeological significance or if they are considered to be dangerous by virtue of their contents. Some maybe designated under the Protection of Military Remains Act 1986, the Marine (Scotland) Act 2010 or the Ancient Monuments and Archaeological Areas Act 1979. However, for the most part, salvaging from wrecks which are not identified as protected is not in itself illegal. You may need a licence from the MMO, Marine Scotland or Natural

Resources Wales prior to any salvage activity taking place and any recovered wreck material must be reported to the Receiver of Wreck so that the legal owner can be given an opportunity of having their property returned. General advice would be to contact the Receiver of Wreck and the relevant licensing authority prior to undertaking any salvage activity so that advice and guidance can be given and the appropriate licences or permits applied for. Again, if you have a specific situation in mind, please do let me know and I will be able to provide more specific information. This may seem like a lot of different pieces of legislation and different government departments, but these departments work together regularly and should be able to provide you with all the information that you need to ensure that your salvage operation complies with the relevant legislation. If the purpose of this question was to gain protection for a particular wreck or wrecks, you can apply for designation online for wrecks in English waters at https://historicengland.org.uk/listing/apply-for- listing/ and for wrecks in Scottish or Welsh waters you can contact Historic Environment Scotland at http://www.historic-scotland.gov.uk/ historicenvironmentscotland or Cadw (the Welsh Government’s historic environment service) at http://cadw.gov.wales/?lang=en.

Question 5. Your question five ‘what circumstances would there be needed for specific permissions or licences for accessing of wrecks’ I believe has been predominantly answered above. As explained, whilst for the majority of wrecks in UK waters no specific licences or permissions are required to access them (ie dive on them), there are a number of circumstances where permissions will be required. These circumstances are mainly where the wreck receives some level of statutory protection which would require a licence or permission prior to accessing the wreck; where the activity to be carried out on the wreck is a marine licensable activity where a licence would be required prior to that activity taking place or where the location of the wreck is such that permission might be required prior to accessing the wreck, for example within a harbour authority jurisdiction or an area under vessel traffic management of some kind such as a traffic separation scheme.

Question 6. Finally, you have stated that ‘more than anything I was interested in people trying to take good from a ship or such without authorisation’. Again, this has already been covered in the information given above. However, to sum up that information, the process in general terms is that most wrecks in UK territorial waters do not receive any specific statutory protection and no prior permission is required to dive on them. Where wrecks are protected, the permission of the appropriate government department is required prior to accessing those wrecks. If any recoveries are made from the marine environment, a licence may be required in advance of that activity and all recoveries of wreck material regardless of age, size or apparent value, must be reported to the Receiver of Wreck. Failure to report recovered wreck material to the Receiver is a criminal offence and, where wreck has not been properly reported to the Receiver, this may result in prosecution. Similarly, carrying out a marine licensable activity without the required licence is a criminal offence as is interfering with a protected wreck site without the required licences. Any of these offences may result in investigation and possible prosecution.

You can find information on what wrecks are currently protected by visiting the websites of the national heritage agencies for England, Scotland, Wales and Northern . The Historic England website provides information on all historic protected wrecks in English waters and links to the websites of each of the other national heritage agencies: https://historicengland.org.uk/listing/what-is- designation/protected-wreck-sites/wreck-site-faqs/. For a list of what wrecks are designated as dangerous under section 2 of the Protection of Wrecks Act and information on how to apply for a licence to visit protected historic wrecks you can visit the gov.uk website at https://www.gov.uk/search?q=protected+wrecks. A link to the current Statutory Instrument which lists all of the wrecks protected under the Protection of Military Remains Act is provided above in the response to your third question.

I hope that all of the above information is of use to you. You have my contact details and if you have any questions regarding any of this information, please do let me know. If your questions relate to issues or topics that do not fall within the remit of the MCA I would be happy to direct you towards someone who can answer your questions.

If you are unhappy with the way the Agency has handled your request or with the decisions made in relation to your request you may complain within two calendar months of the date of this letter by writing to the FOIA Unit at: The FOIA Unit Maritime & Coastguard Agency, Bay 3/08, Spring Place, 105, Commercial Rd, SOUTHAMPTON, Hampshire. SO15 1EG. E-mail: [email protected]

In the event that you are not satisfied with the decision resulting from our internal review you can apply to the Information Commissioner for a decision notice.

If you wish to discuss any of the above, please contact me. Please remember to quote the reference number above with the subject line FOIA Comment/Complaint in any future communications.

Yours sincerely,

Alison Kentuck Alison Kentuck Receiver of Wreck