Section 63. No person, organization or corporation may remove, displace, damage or destroy underwater archaeological resources as defined in section one hundred and eighty of chapter six, except in conformity with the provisions of this section. Any qualified person, organization or corporation desiring to conduct any type of exploration, recovery or salvage operations in the course of which any underwater archaeological resources, with the exception of those specifically exempted from permit requirements, may be removed, displaced or destroyed shall first make application to the director for a permit to conduct such operations. If the director, with the approval of the board, shall find that the operations desired involve underwater archaeological resources and said operations are in the public interest, he shall, within thirty days from the receipt of application, grant the initial applicant a permit which allows said applicant the sole right to remove or salvage said resources for a period of one year. Said permits shall include without limitation the location, nature of activity, reporting requirements and time period covered and shall provide for the termination of the rights of the permittee upon violation of any of the terms of the permit. Until such time as a permit for any given site is granted, all records regarding the permit application for said site shall be confidential unless released by the applicant.
A uniform fee for such permits shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said permits shall be renewable by the director upon approval of the board; provided, however, that operations on the location have been conducted during the period of the original permit.
The permittee may, with the approval of the board, subcontract his permit rights to another qualified person, organization or corporation, subject to the provisions of this section and the terms of the original permit.
All exploration, recovery and salvage operations undertaken pursuant to said permit shall be carried out under the general supervision of the board in accordance with its rules and regulations so that the maximum amount of historical, scientific, archaeological and educational information may be recovered, reported and preserved. If the director deems necessary, he may require that a permittee shall work under the direction of a qualified expert designated by the board. Permittees shall be responsible for obtaining permission of any federal agencies having jurisdiction prior to conducting any operations.
Permittees may retain seventy-five per cent of the value of said underwater archaeological resources. The remainder of such value shall be paid to the commonwealth; provided, however, that the commonwealth and private museums within the commonwealth shall have the first option to purchase within six months said resources at fair market value. Final disposition of said resources and the proceeds from the sale thereof shall be made within one year from the date of salvage unless extended by mutual agreement between the board and the permittee with the approval of the commissioner of administration and finance. Until final disposition the commonwealth and the permittee shall act in such a way as to preserve and protect all salvaged underwater archaeological resources except when recovered from a designated underwater archaeological preserve.
Upon the request of an applicant or permittee, the board may require a public hearing, if said board deems such a hearing in the public interest, on the granting or renewal of a permit, the subcontracting of permit rights, or the disposition of resources recovered under a permit.
The director shall invite information regarding underwater archaeological resources of substantial historical value and the location thereof, and shall cause to be printed a list of these resources which shall be designated as underwater archaeological preserves. Access to underwater archaeological preserves for recreational, historical, and scientific purposes shall be guaranteed. The director shall not grant a permit to recover underwater archaeological resources from within an underwater archaeological preserve except for historical or scientific purposes, and provided further, that all materials collected through such activities shall remain the permanent property of the commonwealth. The board may make arrangements for the disposition or display of any such materials recovered from within an underwater archaeological preserve in appropriate institutions located within the commonwealth. A public hearing may be requested regarding the designation of any underwater archaeological resource as a preserve. Persons may petition the director to designate certain resources as a preserve.
The director shall invite information regarding previously discovered or salvaged underwater archaeological resources and the location thereof, and shall cause to be printed a list of previously discovered and commonly known underwater archaeological resources and locations thereof which shall be exempt from the preceding permit requirements. A public hearing may be requested regarding the placement of any individual resource on said list. Persons may petition the director to add certain resources to said list.
Law enforcement agencies and officers of the commonwealth and its subdivisions shall enforce the laws, rules and regulations pertaining to underwater archaeological resources and shall protect the permittee from the removal or salvage of said resources by unauthorized parties. If such protection is extended at the request of the permittee for a period in excess of two months, the permittee shall pay reasonable costs of such protection.
Any person violating a provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment for six months, or both, and shall forfeit any underwater archaeological resources he has obtained thereby. In addition his permit, if any, shall be subject to revocation or suspension. Violations committed within the coastal waters of the commonwealth may be prosecuted in any district which has venue over the coastal waters. The superior court sitting in equity shall have jurisdiction to restrain continuing violations of section sixty-five and shall have jurisdiction to compel the restoration to the commonwealth of any underwater archaeological resources taken in violation of the provisions of this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 2 - Duties of Public Works Department Relative to Commonwealth Lands
Section 3 - Powers as to Boston Harbor
Section 4 - Improvement of Boston Harbor; Access to Piers, Railroads, Etc.
Section 5 - Power to Take or Purchase Real Property
Section 6 - Power to Lease Piers, etc.; Port of Boston Fund
Section 7 - Piers, etc.; Freight Loading Equipment; Rules and Regulations
Section 8 - Acquisition of Apple Island and Shore Lands
Section 9 - Utilization Plans for Acquired Property
Section 10 - Powers and Duties Relative to Harbors, Etc.
Section 10c - Docking of Commercial Vessels; Permits; Applications; Appeal
Section 10d - Scuba Divers and Skin Divers; Access to Commonwealth Tidelands
Section 11 - Improvement and Preservation of Rivers, Streams, Harbors, Etc.
Section 12 - License for Structures in Connecticut, Westfield and Merrimack Rivers
Section 13 - Licenses for Booms in Connecticut River and Structures in Great Ponds
Section 15 - Revocation and Expiration of Authority or License; Exception; Mortgageable Interest
Section 16 - Cessation, Determination of Authority or License for Non-Use
Section 17 - Construction of Licenses; Approval
Section 18 - Application for License; Notice; Hearings; Records
Section 18a - Public Access to Great Ponds; Petition
Section 19 - Restriction on Structures in Great Ponds
Section 19a - Lowering Waters of Great Ponds; Penalty
Section 20 - Supervision by Department of Erections Under Legislative Grants
Section 21 - Compensation for Displacement of Tidewater
Section 22 - Compensation When Title to Land Is in Commonwealth
Section 23 - Unauthorized Work in Public Waters; Public Nuisances
Section 24 - Money Paid Into General Fund
Section 25 - Supervision of Province Lands
Section 26 - Exemption of Portion of Province Lands From Certain Provisions of Law
Section 27 - Bounds of Province Lands; Regulations
Section 28 - Unlawful Existing Structures
Section 30 - Removal of Gravel, Sand, Stones, Etc. From Beaches; Notice; Penalty
Section 31 - Surveys and Improvements for Preservation of Harbors
Section 32 - Survey of Connecticut River
Section 33 - Improvement of Topographical Survey of Commonwealth; Sale of Maps
Section 34 - Establishment of Harbor Lines
Section 35 - Great Ponds; Definition
Section 36 - Applications to Congress for Appropriations for Harbors
Section 37 - Enforcement of Stipulations in Deeds From Commonwealth
Section 38 - Definitions Applicable to Secs. 38 to 48
Section 39 - Willful Abandonment of Vessel on Public Lands or Shores of the Commonwealth
Section 41 - Failure of Owner or Lienholder to Claim Vessel; Application for Title by Claimant
Section 42 - Granting of Title to Claimant
Section 43 - Removal, Destruction or Sale of Vessel by Claimant After Receipt of Title
Section 43a - Removal of Obstructing Vessel by Department; Department as Claimant
Section 43b - Penalty for Willful Abandonment of Vessel; Exceptions
Section 43c - Fraudulent Claim to Abandoned Vessel; Penalty
Section 43d - Rules and Regulations Relating to Secs. 38 to 43c
Section 44 - Liability of Insurer
Section 45 - Application to Federal Government for Reimbursement
Section 46 - License for Breaking Up and Disposing of Floating Structures
Section 46a - Violations of Sec. 46; Penalty
Section 47 - Application for License; Issuance; Conditions; Bond
Section 48 - Failure to Comply With Terms of License; Completion of Work by Department
Section 49a - Removal of Whales or Other Mammals From Tidewaters
Section 51 - Impairment of Right or Authority Derived From Federal Government
Section 54 - Dumping; Notice; Inspector; Cost of Supervision
Section 55 - Penalty for Violating Secs. 52 to 54
Section 56 - Application of Secs. 52 to 55 to Federal Government and Its Agents
Section 57 - Jurisdiction of Supreme Judicial Court
Section 58 - Arrest Without Warrant
Section 59a - Tort Liability for Discharge or Deposit of Crude Petroleum or Products; Double Damages