Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.09 - Permittee Activities and Responsibilities
Universal Citation: 312 MA Code of Regs 312.2
Current through Register 1531, September 27, 2024
(1) General Standards for all Permits. Permittees shall be expected to perform all elements of the work plan as approved by the Board, notifying the Board in writing and immediately of any change affecting the application or resource (such as identity, security, physical conditions, unanticipated finds, etc.) Permittees shall also be expected at all times to protect the resources from destruction and loss. Permittee activities shall be in conformity with all applicable laws, regulations and permit conditions.
(2) Additional Standards for Excavation Activities.
(a)
Introduction. Because excavation activities, by definition, destroy the record left by time, the permittee has a responsibility to maintain high standards for excavation and conservation and must stay in ongoing contact with the Board.
(b)
Standards for Permittees. The permittee shall:
1. Assess the adequacy of his/her qualifications for the demands of the project, and minimize inadequacies by acquiring additional expertise, by bringing in associates with the needed qualifications, or by modifying the scope of the project;
2. Be well informed about relevant previous research;
3. Develop a project plan which specifies the objectives of the project, takes into account previous relevant research, employs a suitable methodology, and provides for use of the resource consistent with the objectives of the project;
4. Ensure the availability of adequate staff and support facilities to carry the project to completion, and of adequate curatorial and conservation facilities for artifacts, other objects, and records; and
5. Follow his/her project plan except to the extent that unforeseen circumstances warrant its modification.
The permittee shall consult with the Board in order to modify the research plan.
(c)
Archaeological Standards.
1. If artifacts or other tangible objects are collected, a system for identifying and recording their proveniences shall be maintained;
2. Elements such as environmental data, diver's observations, depositional strata, and the like, shall be fully and accurately recorded by appropriate means, and their locations noted;
3. If fragile specimens are uncovered or removed from their depositional contexts, the permittee shall provide appropriate conservation services in order to preserve or minimize deterioration of the specimens;
4. The methods employed in data collection shall be fully and accurately described. Significant stratigraphic and associational relationships among artifacts, other specimens, and cultural and environmental features shall also be fully and accurately recorded;
5. All records shall be intelligible to the Board;
6. During removal, analysis and storage of specimens and records in the laboratory, the permittee shall take precautions to ensure that correlations between the specimens and the field records are maintained, so that provenience, contextual relationships and the like are not confused, obscured or lost;
7. The permittee shall, in the public interest, disseminate the results of his/her work within one year of the project completion date.
8. Violation of these standards is grounds for revocation of a permit.
(3) Reporting.
(a)
Maintenance of Records. A permittee is required to keep, maintain, and make available to the Board detailed and accurate records of all activities, including reconnaissance, excavation, artifact recovery, conservation and resource disposition. Permittees shall keep the Board apprised of all resources discovered or recovered, making monthly reports during periods of field investigation. The Board may, in addition, require periodic written or oral reports of project activities, and may make such requirements a condition of the permit. Failure to provide reports or other information as requested and within the required time may be the basis for termination of the permit or refusal to renew said permit.
(b)
Annual Reports. Permittee activities shall be conducted with the objective of disseminating the knowledge gained by the investigation. The permittee shall be responsible for filing a typewritten Annual Report no later than 30 days prior to the permit expiration date. Reports shall include relevant maps, documents, drawings and photographs. Ten copies of the Annual Report shall be filed with the Board. At a minimum, Annual Reports shall include:
1. Indication of compliance with the project plan or, where there have been changes in the plan, reasons for such changes.
2. An update of any changes in information contained in the application, such as the project budget, personnel and organizational chart, etc.
3. A description of the area.
4. A detailed summary of the project activities during the preceding year, including a description and justification of the project plan, as well as methodologies and research techniques used.
5. An approved map of the permit area showing where field investigations were conducted.
6. A site map showing relative locations of any recovered artifacts and the results of any testing (remote or otherwise).
7. A description of the known and expected archaeological resources.
8. An inventory and catalog of any recovered artifacts, including a description of the location, and the contextual and structural characteristics of each recovered artifact, and an accounting of the present condition of such finds.
9. A complete listing of sources, including individuals, records and literature, which were consulted during the field investigation.
10. Photographs and/or sketches of significant features.
11. A description of the artifact conservation program.
12. Any hypotheses, conclusions or insights warranted by the work completed.
(c)
Project Completion Report. When the Board decides the project is complete, the permittee shall submit to the Board a comprehensive typewritten report, synthesizing all the material of previous reports, recounting the history of the project, indicating the final results of the work, and giving a complete accounting and inventory of all artifacts. A complete set of all project documentation, including all field notes, logs, maps, plans, photographs, and drawings generated during the research, field testing, excavation, laboratory and conservation activities of the project shall be submitted to the Board for approval and retention prior to the project completion date.
(4) Site Supervision.
(a)
Board Option. The Board may require on-site supervision by an archaeologist or other supervisory personnel in cases when the historical significance or monetary value of a site indicates that supervision is necessary for the preservation and protection of the resource. Where supervision is indicated, the Board shall determine the level of on-site involvement and level of professional expertise required of the Project Archaeologist or other supervisory personnel based on the nature of the site and the artifacts, and conditions or problems encountered or anticipated.
(b)
Responsibilities of Project Archaeologist. For every project where the Board requires a Project Archaeologist, it is the Project Archaeologist's responsibility to see that professional archaeological standards are maintained throughout the course of the project.
(c)
Duties of Project Archaeologist. Specifically the Project Archaeologist shall:
1. Develop a research design and appropriate procedures for its implementation;
2. Supervise excavation work on site;
3. Ensure that adequate records are maintained during all testing, excavation, and laboratory procedures; and
4. Maintain contact with the Board, offering both verbal and written reports of all significant developments as well as periodic reports of all project activities.
(d)
Minimum Qualifications of Project Archaeologist. Minimum qualifications of a Project Archaeologist are:
1. A graduate degree or equivalent experience in archaeology, anthropology, history, or a closely related field;
2. Demonstrated ability to carry research to completion, usually evidenced by timely completion of theses, research reports, or similar documents;
3. At least 15 months of professional experience and/or specialized training in archaeological field, laboratory, or library research, administration, or management, including at least one year of maritime archaeology experience and/or specialized training in the kind of activity the individual proposes to practice; and
4. Diving certification from one of the recognized national agencies.
(5) Security. Primary responsibility for securing the permitted site and all recovered or discovered resources rests with the permittee. Subject to appropriation, the Board may provide up to a total of two months of security protection upon request by the permittee. If protection is required for more than two months, the permittee shall thereafter pay for the reasonable costs of such protection. The Board may enter into contractual arrangements with law enforcement agencies, officers of the Commonwealth or its subdivisions, and/or other security agents to secure the public's interest in underwater sites.
(6) Subcontracting. A permittee may subcontract the rights under the permit or any portion thereof upon approval of the Board. The original permittee and subcontractor shall remain responsible for operations during the period of subcontractor's activities. The permittee maintains ultimate responsibility for all necessary communications with the Board.
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