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Wessex Archaeology
Annex to the ProtocolGuidance on the use of the Protocol
for Reporting Finds of Archaeological Interestin Relation to Aircraft Crash Sites at Sea
Prepared by
February 2008
G   u   i   d   a  n   c   e  
 
British Marine Aggregate Producers Association and English Heritage
Annex to the ProtocolGuidance on the use of the Protocol
 
for Reporting Finds of Archaeological Interestin Relation toAircraft Crash Sites at Sea
February 2008prepared byWessex Archaeology
Guidance on the use of the Protocol 
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
Purpose
In 2005, the British Marine Aggregate ProducersAssociation (BMAPA) and English Heritage (EH)jointly published The Protocol for Reporting Findsof Archaeological Interest. The Protocol sets outbest practice in dealing with archaeological findsmade in the course of marine aggregate dredging.Rather than have many different protocols, eachdesigned for different dredging areas andpotentially with varying provisions, BMAPA andEnglish Heritage decided it would be preferableto have a single unifying protocol applicable toall dredging areas, vessels and wharves. Theexistence of a single protocol would ensureconsistency and therefore encourage participationby everybody involved in the marine aggregatedredging industry. Consistency would also makeit easier for archaeologists and other relevantparties to provide appropriate advice.The aim of the Protocol is to reduce any adverseeffects of marine aggregate dredging on thehistoric environment by enabling people workingin the industry to report their finds in a mannerthat is convenient and effective.English Heritage recognises the importance of sites in terms of their survival, rarity or historicimportance and would wish to minimiseunnecessary disturbance. Of particular interestwould be sites which include components of anaircraft of which very few or no known completeexamples exist. However, the commonplacewhere they survive well; include key components(such as undercarriage, engines or turrets); wereassociated with significant raids, campaigns ornotable individuals or where the identity of theairframe can be established are also of interest(EH, 2002).Following introduction of the Protocol, BMAPAinstituted the Implementation Service, throughwhich Wessex Archaeology (WA) fulfils someelements of the role of EH set out in the Protocol.WA therefore acts as the first point of contact forNominated Contacts in relation to providingarchaeological support to BMAPA companies inrelation to finds made at wharves and on vesselsduring the course of aggregate dredging. TheImplementation Service began in September 2005and since then the remains of several aircraftcash sites at sea have been reported. The numberof discoveries appears to be increasing, thoughthe apparent increase may also reflect bettercommunication between those discovering sitesand archaeologists. Aircraft crash sites reportedunder the BMAPA/English Heritage Protocol forReporting Finds of Archaeological Interest includethe following:•A Supermarine Attacker off Worthing(pre-Protocol).•A possible American bomber off Lowestoft(pre-Protocol);•Aircraft remains from Area 254 (UMD_0059);•Aircraft remains from Area 430 (UMD_0061);•Rudder pedal and lamp from Area 430(UMD_0062);•The site of a German aircraft, including humanremains, from Area 430 (UMD_0080-83).Aircraft remains are of particular concern tothe aggregate dredging companies as they aredifficult to identify through geophysical survey,their location is often unreported, and aluminiumcontaminates loads and cannot be removed bymagnetic methods. Also they are frequentlyassociated with ordnance and human remains.In addition, unlike shipwreck sites militaryaircraft sites receive automatic protection underthe
Protection of Military Remains Act (1983)
 and it is an offence to disturb a site once thepresence of a crash site is known. As such, itwas thought appropriate that further guidancebe prepared which relates specifically to thetreatment of aircraft remains through theProtocol. The aim of this guidance is to ensurethat both industry personnel and regulators areaware of the way to address such finds throughthe Protocol in the most appropriate manner.
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Existing geophysical and desk based data providedby the client should also be reviewed whereaircraft remains are suspected. The assessment of this information should highlight the presence of recorded aircraft crash sites in the area but theinformation is incomplete and, particularly foraggregate licences on the south and east coastsof England, the chances of unreported aircraftremains being in the vicinity is moderate to high.Further information about aircraft crash sites atsea, their legislative framework, archaeologicalcontext and importance both archaeologically andsocially is set out in
Aircraft Crash Sites at Sea:A Scoping Study
(Wessex Archaeology 2008).
Ownership of Aircraft Wreckage
Statutory law relating to ‘wreck’ is set outprincipally in the Merchant Shipping Act 1995.The common law relating to wreck is to be foundin legal cases and commentaries.All wreck,
which includes aircraft remains
, ispresumed to have an owner, and ownership isnot lost through the passage of time. It is a legalrequirement under Section 236 of the MerchantShipping Act 1995 that wreck material bereported to the Receiver of Wreck, in order toestablish ownership and settle salvage claims. If ownership cannot be established by the Receiverwithin one year of receipt of the report, thewreck becomes ‘unclaimed wreck’.
Original owners
Owners of civilian aircraft who are able to provetheir ownership to the satisfaction of the Receiverof Wreck are entitled to have their propertyreturned to them on payment of a salvage award.In the case of military aircraft belonging to UK(Royal Flying Corps, Royal Air Force, Fleet AirArm), they are also automatically the propertyof the Crown until such time as the MoD decidesto dispose of them. In the case of military aircraftbelonging to defeated enemy combatants (i.e.Luftwaffe aircraft) then they are regarded ascaptured enemy property deemed surrenderedto the Crown and are automatically the propertyof the Crown. In the case of military aircraftbelonging to an allied power, principally Americanaircraft from World War II, then United Statesnaval aircraft remain the property of the UnitedStates Navy but the United States Air Force doesnot assert ownership of air force or army air corpsaircraft from prior to 1961, such aircraft areconsidered abandoned.
Unclaimed wreck in Territorial Waters
Under the Merchant Shipping Act 1995, wreck,including civilian aircraft that is found inTerritorial Waters and is not claimed within ayear automatically becomes the property of theCrown. In some areas – usually close to the shore– the Crown’s right to unclaimed wreck has beengranted to another beneficiary.
Unclaimed wreck on the UK Continental Shelf beyond Territorial Waters
The stipulations of the Merchant Shipping Act1995 apply to all wreck, including civilianaircraft, which is brought within UK territorialwaters, irrespective of where it was recovered.However, the provisions in respect of Crownownership apply only to civilian aircraftrecovered from territorial waters.Civilian aircraft recovered from outside UKterritorial waters that remains unclaimed afterone year of reporting is not claimed by theCrown, and in most circumstances will bereturned to the finder once any expenses incurredhave been settled.The Crown asserts its ownership of UK militaryaircraft on the seabed, as does the US Navy,irrespective of their position and age and the USAir Force does so in the case of those aircraft lostsince 1961. The US authorities do, however, asserttheir rights irrespective of location and age wherehuman remains are present.
Protection of Aircraft Wreckage
In the case of aircraft additional legal provisionsapply, specifically those of the Protection of Military Remains Act 1986. The remains of allaircraft which crashed whilst in military service,whether on land or at sea, are protected to theextent laid down by the Act. It is an offenceunder this Act to tamper with, damage, move orunearth any remains which come within the scopeof the Act unless the Secretary of State has issueda Licence authorising such things to be done, andthey are done in accordance with the conditionsof the Licence. Aircraft remains covered by theAct comprise:•The remains of aircraft which have been in themilitary service of any country and which liein UK territorial waters; and•The remains of all aircraft which have beenin UK military service lying in internationalwaters.
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Guidance on the use of the Protocol 
for Reporting Finds of Archaeological Interest in Relation to Aircraft Crash Sites at Sea
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