1. Protocol for Archaeological Discoveries

1.1. Background

  1. 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).
  2. 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.
  3. 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.
  4. 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).
  5. 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.
  6. 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.
  7. 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.
  8. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. 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.
  6. 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).
  7. 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

  1. 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.
  2. 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

  1. If a find of archaeological interest is made, Project Staff will immediately inform the Site Champion (via their supervisor if appropriate).
  2. 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.
  3. 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.
  1. 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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. The Nominated Contact will confirm with the Site Champion that all the details set out in the Preliminary Record are comprehensive and correct.
  2. 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.
  3. 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.
  4. 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

  1. 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

  1. 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).
  1. 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.
  2. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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).