1. Protocol for Archaeological Discoveries

1.1. Background

This document is a protocol that will satisfy conditions relating to the reporting of archaeological discoveries that might be made in association with works undertaken for the Array. It is adapted from The Crown Estate Protocol for Archaeological Discoveries: Offshore Renewables Projects (2014).
The Protocol for Archaeological Discoveries (PAD) is a system of monitoring for unexpected or incidental finds relating to the historic environment that may be encountered within the marine and intertidal zones. This PAD can be used at all stages of the development process where archaeological information may be obtained, including all pre-development surveys such as benthic sampling, obstruction surveys and other such operations.
This PAD is intended to satisfy any conditions that relate to reporting protocols included on consents administered by marine licensing authorities including Marine Directorate – Licensing Operations Team (MD-LOT). Where implementation of this PAD is a condition of consent, failure to follow the PAD may give rise to a breach of condition.
Collaborative Offshore Wind Research Into the Environment’s (COWRIE) Historic Environment Guidance for the Offshore Renewable Energy Sector (2007) document states: “The aim of protocols for unexpected discoveries is to reduce any adverse effects of the Proposed Development upon the marine historic environment by enabling people working on the Proposed Development to report their discoveries or recovered material rapidly in a manner that is convenient and effective. The protocol will set out the respective responsibilities of the Applicant, main contractors, and archaeological contractors/consultants. The Protocol therefore provides a mechanism to aid compliance with the Merchant Shipping Act 1995 in respect to recovery of ‘wreck’, as defined by the Act and reporting of military vessel and aircraft wrecks to the Ministry of Defence” (COWRIE, 2007).
This PAD applies to things that are or may have been made, used or affected by people. This will include, for example, fossilised remains from periods of human inhabitation, but not fossils that are exclusively pre-human in origin. It will not include finds of geological, ecological, or other non-archaeological origin, unless a link to human activity can be assumed.
This PAD takes into account, and is consistent with, existing statutory and non-statutory regimes for reporting discoveries, ownership of finds and other legal regimes, on land, within territorial waters and outside territorial waters.
For some classes of find there are specific legal requirements (e.g. treasure, wreck, human remains; see section 1.5). These legal requirements will be met by following this PAD. In such instances, failure to follow the PAD may also give rise to a criminal offence.
Where ordnance is concerned, specific rules have been put in place by the Applicant or its contractors. These rules are required for the safe conduct of construction and installation operations and must take precedence over this Protocol. Historic ordnance may, however, also be of archaeological interest and can be reported under this Protocol once local rules for ordnance have been satisfied.

1.2. Outline

Archaeological finds made in the course of construction and installation activities can shed light on past human use of the landscape, sea and seabed. The information that such discoveries bring to light can help archaeologists better understand society and human endeavour in the past, and better protect significant aspects of our history on behalf of future generations.
The PAD is applicable to activities associated with the Array where an archaeologist is not present on site and therefore not immediately available. In cases where the Applicant has made provision for an archaeologist to be on site, as part of a site investigation, watching brief or specific archaeological works, then the archaeological method statement relating to this provision will take precedence. Where no specific archaeological provision has been made, then this Protocol will apply.
This PAD addresses finds of archaeological interest made on the seabed or onboard vessels. They may be identified as a result of geophysical survey or Remotely Operated Vehicle (ROV) visual identification or through coming into contact with anchors, grapnels, jack-up legs or other seabed equipment. These finds or anomalies may indicate that an object or structure of archaeological interest has been encountered on the seabed.
The definition of an archaeological “find” in this context is of an object or site with archaeological potential or significance. It does not refer just to items brought to the surface. An archaeological “site” is a group of features or objects that make up a relatively discrete collection of associated archaeological objects. This could be a shipwreck, structure, or other archaeological assemblage (see section 1.6).
An “anomaly” is distinct from a find or site and is a signature that could be visual or digital (e.g. geophysical) that indicates a possible find or site. Further investigation may reveal that it is not of human origin or is too modern to be of archaeological interest. However, until such investigation takes place it must be considered as a source of possible archaeological interest.
The PAD anticipates discoveries being made by Project Staff, who report to a Site Champion on their vessel or site (usually the senior person on site), who then reports to a person (the Nominated Contact) who has been nominated by the Applicant to co-ordinate implementation of the Protocol. The Nominated Contact will in turn inform the Applicant’s Project Manager(s) (if this is not the Nominated Contact) who in turn will contact the Retained Archaeologist (RA).
The response to reported finds will be implemented through the measures set out in the Protocol and may include further survey or the establishment of Temporary Archaeological Exclusion Zone (TAEZs), which may be converted into new Archaeological Exclusion Zone (AEZs), if warranted. Any action to implement new, or to amend agreed AEZs or TAEZs will only be done in agreement with the appropriate Archaeological Curators and the Regulator responsible for consenting the Array.

1.3. Roles and Responsibilities

The Site Champion is the person formally appointed by the Applicant to be directly responsible for implementation of the Protocol and producing reports arising from a particular activity location. The Site Champion could be a Vessel Master, a Construction Foreman or any other person in a position to control the immediate works.
The Applicant’s Nominated Contact is the formal point of contact for all matters relating to the PAD between the Applicant, its subcontractors, the Site Champions, RA, the Archaeological Curator (ACs) and the Regulator. The Nominated Contact could be the Ossian Environmental Manager, Project Manager or any other coordinator that the Applicant feels is appropriate and effective in acting in this role. It is critical that all parties hold the Nominated Contact’s full contact details and that any changes to the Nominated Contact’s details are circulated as soon as possible.

1.4. Actions by Project Staff

1.4.1. In All Cases

If a find of archaeological interest is made, Project Staff will immediately inform the Site Champion (via their supervisor if appropriate).
If the discovery is ordnance, then Project Staff will abide by their operational procedures which are to take precedence; and then report via the PAD once safe to do so.
Where items of archaeological interest are recovered, Project Staff (under direction of the Site Champion) will:

handle all material with care;
ensure any rust, sediment, concretion or marine growth should not be removed and ‘groups’ of items or sediments should not be separated;
if possible, photograph the item in the condition in which it was recovered;
record the position at which the artefact/sediments were recovered; and
provide a unique reference number for each artefact, which is to be included on all recording and storage mediums.

If the find is from a waterlogged or in an underwater environment, then Project Staff (under direction of the Site Champion) will arrange for the find to be immersed in seawater in a suitable clean container, which should be covered.

1.4.2. Discoveries Onboard

If a find of archaeological interest is made onboard a construction vessel (for instance, caught in a grapnel/anchor or trapped in a plough), Project Staff will immediately inform the Officer on Watch. The Officer on Watch will inform the Site Champion.
Where it is possible to identify the seabed position from which the find originated, the Officer on Watch will temporarily cease construction activities in the vicinity of the seabed location, or move to an alternate location, until advice has been obtained.

1.4.3. Anomalies on the Seabed

If an anomaly is identified in advance of impact, such as on the forward-looking sonar of a cable plough, the route should – where possible – be deviated around the obstruction, in line with normal ploughing practice. The position of the anomaly will be reported to the Officer on Watch and thence to the Site Champion.
If an anomaly is identified after an impact has occurred, for example, as indicated by a change in the towing cable tensiometer, avoidance by deviation will be precluded. However, the change in tension should be immediately brought to the attention of the Officer on Watch and the Site Champion so that the anomaly can be reported, advice can be sought and any requirements for further investigation determined.
The Officer on Watch will arrange for the grapnel or plough to be recovered to the surface and examined as soon as possible, once recovered to surface, to see if any archaeological material is trapped within it and will inform the Site Champion accordingly.
If an anomaly comes to light in the course of geophysical survey or drop-down video survey the Officer on Watch will ensure that the position of the anomaly is noted on navigational software and that the Site Champion is informed.

1.4.4. Discoveries Subsequent to Work On Site

There are a number of circumstances in which the presence of material of archaeological interest may be identified after work on site has occurred, such as Project Staff involved in processing samples in the laboratory may make archaeological discoveries in their samples.
Staff examining sample material (e.g. core material; benthic samples) should consider the potential for archaeological and/or paleoenvironmental material being recovered within their samples. Where such discoveries are made Project Staff should inform the Site Champion and pass on details of the sample number and its position.
If an anomaly comes to light in the course of processing or interpreting geophysical survey data, video or other photographic data, Project Staff should inform the Site Champion and pass on details of the data files and navigational information relating to the positions where the data were obtained.

1.4.5. Actions by Site Champion

Where it is possible to identify the position from which the discovery originated, the Site Champion will arrange for a TAEZ in which construction activities will cease temporarily (in the vicinity of the location), or move to an alternate location, until the advice of the RA has been obtained.
The Site Champion will note the occurrence as soon as possible in the site daybook or vessel log together with the time and exact position. The entry should include a close approximation of the original position of the find/anomaly. Additionally, the area should be marked on site drawings or surveys.
The Site Champion will compile a Preliminary Record of the occurrence (see annex C) and, where possible, accompany this with any supporting information such as photographs, drawings or other records that have been made. The Site Champion will inform the Applicant’s Nominated Contact of the occurrence as soon as possible and pass on all available information.
The Site Champion will arrange for any finds (of archaeological material) to be carefully contained and protected:

if waterlogged: immersed, bagged and placed in a protective container, or placed in seawater in a suitable clean container, which should be covered and stored in a cool, dark place;
if dry: placed in a suitable container and stored in a cool, dark place; and
any dirt, rust, concretion or marine growth should not be removed.

1.4.6. Actions by the Nominated Contact

The Nominated Contact will confirm with the Site Champion that all the details set out in the Preliminary Record are comprehensive and correct.
Contact will be made with the RA at the earliest opportunity, providing all available information relating to the circumstances of the occurrence, including a copy of the Preliminary Record and copies of any other records that have been made. The RA will provide advice on the appropriate immediate actions in addition to the recording, handling and storage of any items recovered.
The Nominated Contact should inform other teams engaged in potentially damaging activities in the same area, to ensure that they are aware of the position of the discovery so that further possible damage to the historic environment can be avoided.
Should it be required the RA will travel to the site to inspect any finds or data made available.

1.4.7. Actions by the Retained Archaeologist

The RA will review the information about the discovery in conjunction with the available geophysical and/or desk-based information. Additional communication may take the form of email correspondence and/or telephone conversations (where internet access is restricted). The RA will send an Initial Response to the Nominated Contact to acknowledge the report.

Assessment of archaeological potential

The assessment of archaeological potential will be based on the following criteria:

low potential discoveries: reports of single, apparently isolated, finds that are not datable or are of modern (post-1800) or later date, or small pieces of peat (<10 cm diameter) where there are clear signs it has been mobile (rolled); and
high potential discoveries: reports of single finds that are of post-medieval or earlier date; reports of single finds that relate to military aircraft; reports of multiple finds from the same area; reports indicating the presence of a wreck or other structural remains; reports of peat or other fine-grained organic material where there is no evidence of mobility (e.g. angular blocks of sediment with no/limited rounding of the edges).

In the case of a discovery of high potential, construction will not recommence in the TAEZ without the approval of the ACs. The RA will confirm the extent of the area of the TAEZ. The RA will notify MD-LOT and the AC that a discovery of high potential has been reported and will provide details of the further actions that have been advised.
In the case of discoveries of low potential, the RA will advise the Nominated Contact that the TAEZ may be lifted and that construction activities in the vicinity of the discovery may recommence.

Summary Record

The RA will send a Summary Record of the report to the Nominated Contact and to other relevant parties. The Summary Record for the Array will include:

advice on the identification of finds and the character of their seabed locations;
an assessment of the archaeological potential of the report, including the rationale for the conclusion reached;
advice on actions to be taken in respect of the discovery, including any recovered finds; and
a list of the parties to which the summary record and associated archaeological data are being sent.

Subsequent actions

The RA will advise the Nominated Contact of the implications of the discovery and of further actions that might be required. Further actions may include call-out investigations, the conversion of a TAEZ to an AEZ, and/or the institution of a watching brief. The rationale for conclusions reached will be provided to the Nominated Contact.

Further requirements

If the discovery is something to which specific legal provisions apply (e.g. treasure, human remains, wreck, etc.), it will remain the responsibility of the Applicant to undertake such statutory reporting as is required.

Finds

The handling, retention or disposal of finds will be subject to applicable law and to arrangements between the Applicant and the institution receiving the archaeological archive arising from the Array.

Revised Summary Record

The Summary Record will be revised to take account of further information or actions that have taken place or are planned. The RA will pass on a copy of the revised Summary Record to:

the Nominated Contact for circulation to the Site Champion and relevant Project Staff;
the relevant Regulator and Archaeological Curator;
the relevant authority, where specific legal provisions apply (e.g. Receiver of Wreck (RoW), Coroner, Ministry of Defence (MOD) etc.);
the Crown Estate Scotland (CES); and
deposition of the revised summary record with the Online Access to the Index of Archaeological Investigations (OASIS).

1.5. Legal Terms and Responsibilities

Marine Scotland Act 2010

The marine historic assets of national importance within Scottish territorial waters are protected primarily by the Marine Scotland Act 2010, in particular Part 5 Section 73. This states that an area may be designated as a HMPA if Scottish Ministers consider it desirable to preserve a marine historic asset which is located in the area. The purpose of Historic Marine Protected Area (HMPAs) is to preserve by law, marine historic assets of national importance. There is no requirement for specific permission to carry out work inside a HMPA, however permission under the Town and Country (Scotland) Planning Act (1997) or a ML under the Marine and Coastal Access Act (MCAA) 2009, or a Marine Licence (ML) under the Marine (Scotland) Act 2010 for the part of the offshore export cables which is within 12 nm of the coast or both) may be required. Clear preservation objectives are provided for each HMPA and their boundaries are identified as an exclusion zone to activities that could lead to disturbance of the marine historic asset.

Merchant Shipping Act 1995

This Act is not a form of designation, but will affect offshore renewable energy schemes if, during SIs or construction, any material is recovered which falls within the definition of ‘wreck’. All wreck has an owner, and the Merchant Shipping Act sets out the procedure for returning recovered wreck to the owner or their successor. The RoW must be notified of all recovered wreck landed in the United Kingdom (UK) and will seek to identify the original owner so that it can be claimed. Ownership of unclaimed wreck from within territorial waters vests in the Crown or in a person to whom rights of wreck have been granted. Unclaimed wreck from beyond territorial waters is returned to the finder. The RoW has a duty to ensure that finders who report wreck receive an appropriate salvage payment. In the case of material considered to be of historic or archaeological importance, a suitable museum will be asked to purchase the material at the current market valuation. The finder will receive the net proceeds of the sale as a salvage payment. If the right to, or the amount of, salvage cannot be agreed, either between the owner and finder or between competing salvors, the RoW will hold the wreck until the matter is settled, either through amicable agreement or by court judgement.

Protection of Military Remains Act 1986

The primary purpose of The Protection of Military Remains Act is to protect the resting places of military personnel from unauthorised disturbance. It allows the MOD to protect vessels and aircraft that were in military service when they were lost or wrecked. The MOD can designate any such named vessel lost after 04 August 1914 as a ‘protected place’ even if the position of the wreck is not known. In addition, the MOD can designate a ‘controlled site’ any such wreck whose position is known. Access is not prohibited at a ‘protected place’, but it is an offence to tamper with, damage, move or remove items from such a wreck without a licence. However, access, salvage and excavation are all prohibited on ‘controlled sites’, except where a licence for restricted activities has been obtained from the MOD. The remains of all aircraft that have been lost in military service are automatically classified as ‘protected places’ by the Act.

The Treasure Act 1996

The Act is supplemented by the Treasure (Designation) Order 2002. Finders of gold and silver objects (over 300 years old) and some base metal assemblages (prehistoric) as defined in the Act are required to report such finds by contacting the coroner and delivering the items for hand over as per the coroners’ instructions. The Act and the Order apply to objects found in or on land, in buildings (whether currently occupied or ruined), in rivers and lakes and on the foreshore (area between MHWS and MLWS) on beaches and tidal riverbanks), provided that the object does not come from a wreck.

Ancient Monuments and Archaeological Areas Act 1979

Monuments that are of national importance within UK territorial waters can be protected by being added to the schedule of monuments protected under this Act. It is an offence to damage or carry out a range of specified activities on such a ‘scheduled monument’, unless a licence for these activities has been obtained from the relevant authority, in the form of ‘scheduled monument consent’. Monument can mean, among other things, the site of any vehicle, vessel, aircraft, or other structure. It also refers many types of archaeological site in the traditional sense.

1.6. Guidelines for Identifying Finds of Archaeological Interest and Handling Artefacts

1.6.1. Materials Guidelines

Rubber, plastic, etc.

In most cases, rubber, plastic, bakelite and similar modern materials are not of archaeological interest and can be disregarded. One exception is where such materials are found in the same area as aluminium objects and structures, which may indicate aircraft wreckage from World War II. Such material should be reported.

Iron and steel

The potential range and date of iron and steel objects is so wide that it is difficult to provide general guidance. In broad terms, iron and steel objects which are covered by a thick amorphous concrete-like coating (‘concretion’) are likely to be of archaeological interest and should be reported. Pieces of metal sheet and structure may indicate a wreck and should be reported. Specific operational measures are likely to apply in respect of ordnance (e.g. cannonballs, bullets, shells) which should take precedence over archaeological requirements. However, discoveries of ordnance may be of archaeological interest, and they should be reported.

Other metals

Items made of thin, tinned, or painted metal sheet are unlikely to be of archaeological interest. Aluminium objects may indicate aircraft wreckage from World War II, especially if two or more pieces of aluminium are fixed together by rivets. Copper and copper alloy (bronze, brass) objects might indicate a wreck, or they may be very old. Precious metal objects and coins are of archaeological interest because they are relatively easy to date. All occurrences should be reported.

Bone

Discoveries of animal bone, teeth and tusks are of archaeological interest because they may date to periods when the seabed formed dry land and should be reported. Such bones, teeth, tusks etc. may have signs of damage, breaking or cutting that can be directly attributed to human activity. Large quantities of animal bone may indicate a wreck (the remains of cargo or provisions) and should be reported. Human bone is of archaeological interest, and may, if buried and found within the territorial waters, be subject to the provisions of the Burial Act 1857. Any suspected human bone should be reported and treated with discretion and respect. Objects made from bone – such as combs, harpoon points or decorative items – can be very old and are of archaeological interest. All occurrences should be reported.

Wood

Light coloured wood, or wood that floats easily, is probably modern and is unlikely to be of archaeological interest. ‘Roundwood’ with bark – such as branches – is unlikely to be of archaeological interest, although it may provide palaeoenvironmental evidence. However, roundwood that has clearly been shaped or made into a point should be reported. Pieces of wood that have been shaped or jointed may be of archaeological interest, especially if fixed with wooden pegs, bolts, or nails – all occurrences should be reported. Objects made from dark, waterlogged wood – such as bowls, handles, shafts and so on – can be very old and are of archaeological interest. All occurrences should be reported.

Stone

Small to medium size stones that are shaped, polished and/or pierced may be prehistoric axes. All occurrences should be reported. Objects such as axe heads or knife blades made from flint are of prehistoric date and should be reported. Large blocks of stone that have been pierced or shaped may have been used as anchors or weights for fishing nets. All occurrences should be reported. The recovery of numerous stones may indicate the ballast mound of a wreck, or a navigational cairn. All occurrences should be reported.

Pottery

Any fragment of pottery is potentially of interest, especially if it is a large fragment. Items which look like modern crockery can be discarded, but if the item has an unusual shape, glaze, or fabric it should be reported.

Brick

Bricks with modern proportions and v-shaped hollows (‘frogs’) are of no archaeological interest. Unfrogged, ‘small’, ‘thin’ or otherwise unusual bricks may date back to Medieval or even Roman times and should be reported.

Peat and clay

Peat is black or brown fibrous organic material that was deposited when sea level was so low that the modern seabed formed marshy land, for example on the banks of a river or estuary. The peat is made up of plant remains and contains microscopic remains that can provide information about the environment at the time it was formed. Prehistoric structures (such as wooden trackways) and artefacts are often associated with wetland areas where peat may have formed. In some rare instances archaeological material has been found within peat samples (moorlog) recovered from the North Sea seabed. Fine-grained sediments such as silts and clays are often found at the same places as peat. Any discoveries of such material could be of archaeological interest, and their occurrence should be reported.

1.6.2. Artefact Storage Advice

It should be noted that ‘time is of the essence’ in terms of the recovery of waterlogged archaeological material. If waterlogged organic items dry out this can cause irreparable damage. Care in handling items is paramount.
In the event of artefact recovery, the finds should be stored in the following manner:

If dry, finds should be placed in zip-lock bags and/or stored in a suitable protective container in a cool, dark area if possible.
If waterlogged, any artefacts should be kept damp, or preferably totally submerged (in sea water), in zip-lock bags which are then stored in ridged plastic boxes to prevent damage. Items should be kept wet, covered, and stored in a cool, dark area if possible, and protected from any damage to potentially delicate waterlogged material.
Any sediments of interest will be collected and double bagged into zip-lock bags.
If particularly delicate or significant items are recovered the RA should be contacted for further advice.

The Applicant will supply suitable storage materials to its construction operations. The RA can advise on suitable materials for this purpose. All retained finds will then be processed in accordance with the Chartered Institute for Archaeologists Standard and guidance for the collection, documentation, conservation, and research of archaeological material (CIfA, 2014).

2. References

Canmore (2022b). Unknown. Available at: https://canmore.org.uk/site/372595/unknown. Accessed on: 09 August 2023.

COWRIE (2007). Historic Environment Guidance for the Offshore Renewable Energy Sector. Available at: https://www.wessexarch.co.uk/sites/default/files/field_file/COWRIE_2007_Wessex_%20-%20archaeo_%20guidance_Final_1-2-07.pdf. Accessed on: 24 July 2023.

The Crown Estate (2014). Protocol for Archaeological Discoveries: Offshore Renewables Projects. Available at: https://www.wessexarch.co.uk/sites/default/files/field_file/2_Protocol%20For%20Archaeological%20Discoveries.pdf. Accessed on: 24 July 2023.