Historic Marine Protected Areas - designation proposals: consultation report

Question 4

We asked:

“Do you have any comments on the advice and consultation report from Historic Environment Scotland?”

You said:

Six responses provided comments in response to this question, two of which simply confirmed that Historic Environment Scotland had addressed previous concerns. Ten responses provided no comments.

Issues raised relating to question four are summarised below along with responses:

Issue

Concern that nothing more than scrap and litter is being protected.

Response

These wrecks form a significant part of our maritime history and should therefore not be confused with litter or scrap.

Issue

Fishermen avoid areas with significant snagging hazards such as wrecks.

Response

Noted. As set out in the proposal documentation, Historic Environment Scotland intend to share data with, and provide advice to the fishing community to assist avoidance protocols.

Issue

Concern that designation of Scapa Flow would prevent or hinder future operations that may be required to deal with pollution or contaminants that could leak from the wrecks.

Response

The responsibilities of the MoD for dealing with pollution threats from legacy wrecks can be dealt with by discussion between the MoD and Historic Environment Scotland as advisors, with a view to putting in place procedures that ensure that such operations, if required, can take place in a way that best supports/least hinders the preservation objectives.

Issue

Concern that this designation further increases protection over the current scheduled monument status, to include the contents of the wrecks.

Response

The protection afforded to the seven wrecks that are currently scheduled monuments, should be broadly the same under the historic MPA designation. Both regimes encompass the wreck structures, machinery, equipment and contents in their entirety.

Issue

Concern that the BRIA implies that the wreck owner will receive compensation when this is unlikely.

Response

Page 18 of the BRIA explains that the circumstances by which compensation may be payable are limited by sections 7-9 of the Ancient Monuments and Archaeological Areas Act 1979.