Annex A

SUMMARY OF RECOMMENDATIONS WITHIN THE REPORT

1. Criteria for designation (a)

(a) whether or not human remains are known or likely to be present;

(b) whether or not there is evidence of sustained disturbance or looting (and the strength of such evidence);

(c) whether or not designation is likely to curb or put a stop to such disturbance or looting; and

(d) whether or not diving on the vessel or site attracts sustained and significant public criticism or approval.

The following recommendations are made:

a. that criteria (a) be amended to include the concept of "last resting place" and the phrase "where lives were lost" replace that of "human remains present".

b. that criteria (b) - (d) should be retained.

c. that an additional criteria (e) taking into account historical significance should be included.

d. that the criteria should be reviewed periodically and published in guidance notes to divers and other sea users and made available to interested parties.

In addition to the above criteria the Secretary of State for Defence should consider other factors, for example safety, when determining the suitability for designation under PMRA.

2. Form of designation (b)

Under the PMRA, vessels can be designated as either Controlled Sites or Protected Place.

(a). A Controlled Site is a restrictive designation, requiring licensing of certain activities within the exclusion zone and knowledge of precise co-ordinates.

(b) A Protected Place is one where activities are permitted in the vicinity of a vessel, on a look but don't touch basis. Knowledge of precise co-ordinates is not required, only the name of the vessel.

The following recommendations are made:

a. that a small number of vessels (16) that meet the criteria and are representative of all others lost, be designated as Controlled Sites. Many of these vessels have been the subject of unauthorised or intrusive activities and are deemed to be at significant risk. A list of proposed sites to be designated as Controlled Sites appears at Annex B.

b. that other designations as Controlled Sites will be made if vessels were subject to sustained disturbance or are considered dangerous.

c. that five (5) vessels that lie in international waters be designated now as Protected Places and that a rolling programme of identification and assessment against the criteria be established to designate all other vessels, in military service when lost, as Protected Places.

3. Licensing (c)

PMRA permits the granting of licences for specified activities within a Controlled Site.

The following recommendations are made:

a. that licences be required for activities directed at the small number of proposed Controlled Sites. (Diving on Protected Places would not require prior authorization other than, for archaeological surveys, or where activities were directed at the protected vessel.)

b. that assessments of applications for licences for activities on Controlled Sites should be made on a case-by-case basis and limited to appropriate activities.

c. that licensing charges be introduced if a significant number of Controlled Sites are designated.

4. Problems of Enforcement (d)

Designation under PMRA would make the disturbance and removal of items from such military wrecks illegal and provide the Ministry of Defence Police and civil authorities with powers to prosecute.

The following recommendations are made:

a. that guidance notes be prepared alerting civil authorities of the forthcoming designations.

b. that the feasibility of supplying information panel at coastal locations providing details of designated Controlled Sites should be examined.

c. that guidance notes to divers and other sea users be published and made
available to interested parties.

5. Other Sea Users (e)

It has been necessary to consider the legitimate interests of fishermen and other sea users and to ensure that designation does not inadvertently render any reasonable, non-diving activity unlawful.

The following recommendation is made:

a. that a licensing regime permitting lawful commercial non-diving activities should be established if in the future a significant number of designations as Controlled Sites becomes necessary.