Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.15 - Exemptions

(1) Isolated Finds. In cooperation with the diving community and in order to encourage reporting of underwater archaeological resources, the Board, with the approval of the Secretary of Administration and Finance, may waive its rights to jurisdiction over isolated finds. Isolated finds shall be reported to the Board and an opportunity shall be presented for the Board to examine the find. If the isolated find is not of major historical value, the Board may relinquish all right, title and interest in the find (including its right to 25% of the fair market value of the artifact.)

(2) Exempted Sites. Where, in the Boards judgment, an underwater archaeological resource, because of its location, condition, history, or resource value, is best left in the public domain, it may declare the site exempt from the permit process. In such case, a permit shall not be issued for such site and any major disruption of these sites is expressly prohibited. Notwithstanding the foregoing, the Board recognizes that circumstances may exist which, if deemed compelling, may enable the Board to reconsider such placement.

(3) Underwater Archaeological Preserves. Where, in the Board's judgment, an underwater archaeological resource, because of its substantial archaeological or historical value, is best left the permanent property of the Commonwealth, it may declare the site to be an underwater archaeological preserve. In such case, any disruption of an underwater archaeological preserve is expressly prohibited, except as specifically provided under a special use permit for historical or scientific purposes. Any and all materials collected will remain the permanent property of the Commonwealth. Notwithstanding the foregoing, the Board recognizes that circumstances may exist which, if deemed compelling, may enable the Board to reconsider such placement.