Sec. 34.04.03.08. General Permit Provisions

A. A permit issued by the Director also shall contain the following general terms and provisions in §§B-R of this regulation.

B. Personnel.

(1) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the permitted activity is subject to prior approval by the Trust to assure that the overall qualifications of the permittee are consistent with those originally considered by the Trust in the issuance of the permit.

(2) The Trust shall be afforded at least 10 business days to review the qualifications of proposed new personnel before approving their assignment. If the Trust fails to respond within the 10-day period, the new personnel are considered approved.

C. Supervision.

(1) At all times there shall be a person designated by and acting for the permittee, aboard any vessel or present at any phase of the activity carried out under the permit, who is responsible for the activity and the proper accounting of all artifacts located or recovered, and who is familiar with, and responsible for compliance with, the terms and requirements of the permit.

(2) At all times the activity shall be under the immediate supervision of a field archeologist with training or experience in maritime archeology that is acceptable to the Trust.

(3) The monitoring archeologist, if any, shall ensure that the field archeologist complies with the research plan approved by the Trust.

(4) Disputes or differences of opinion between the field archeologist and the monitoring archeologist concerning activities carried out under a permit issued by the Trust shall be resolved by the State Underwater Archeologist.

D. Financial Support and Equipment.

(1) Changes in financial support or equipment for the permitted activity from that listed in the permit application shall be approved by the Trust.

(2) The permittee shall notify the Trust of changes or proposed changes in financial support or equipment from that noted in the permit application. The notice shall contain information regarding the change in such form and detail as required by the Trust. The Trust shall be afforded at least 10 business days to review the changes before making a decision whether to approve the changes. If the Trust fails to respond within the 10-day period, the changes are considered approved.

(3) The Director may revoke the permit if the Trust determines that changes or proposed changes in the financial support or the equipment for the permitted activity from that listed in the permit application are such as to decrease materially the permittee's ability to carry out and complete the permitted activity in accordance with the research plan approved by the Trust.

E. Site Security.

(1) The Trust may require that security be provided and maintained for sites where submerged archeological historic property is discovered that warrants protection as determined by the Trust.

(2) If the Trust determines that a site warrants protection, the permittee is responsible for providing and maintaining security for the site.

(3) The State is not responsible for marking or protecting a site except as the Trust may determine to be desirable in the administration of these regulations.

F. Maintenance of Log Books.

(1) During any activity carried out under a permit granted by the Trust, the permittee shall maintain logs of all activities related to the permit, on standard forms prescribed by the Trust, which shall include at least the following:

(a) A day log;

(b) A survey log;

(c) A diving log;

(d) A photographic log; and

(e) An artifact log, including registration numbering system.

(2) The permittee shall submit the original logs to the Trust at the time of filing of progress reports due under §O of this regulation.

(3) The original logs shall remain the property of the State.

G. Method of Survey or Excavation.

(1) The permittee may not use any means of survey or excavation that would destroy or substantively injure a submerged archeological historic property before its location has been documented.

(2) The permittee may not use explosives, cutterhead dredges, draglines, or propwash deflectors. Other forms of sediment displacement units may not be used without the prior consent of the State Underwater Archeologist, which consent may be given only in cases when the use of these methods is not likely to damage the artifacts or the archeological integrity of the permit area.

H. Recovery and Possession of Artifacts.

(1) The permittee shall notify the State Underwater Archeologist of its intention to recover artifacts and the date or dates on which the recovery is planned. The permittee may not begin raising or recovering artifacts until it has received a response from the State Underwater Archeologist that either the monitoring archeologist will be present at the time of recovery or that the recovery may take place under the sole supervision of the field archeologist.

(2) Recovery of artifacts shall be made strictly in accordance with the research plan approved by the Trust.

(3) Large artifacts such as cannons, anchors, and hull remains, and other artifacts that require special handling due to fragility, material of construction, or other factors that would lead to their destruction or substantial damage from recovery, may not be recovered unless they have been specified for recovery in the permit, or the permittee has obtained specific consent of the State Underwater Archeologist.

(4) Unless disposition of artifacts to the permittee in accordance with a disposition agreement has occurred, the permittee may not:

(a) Devise, bequeath, transfer, convey, or dispose of by any manner an artifact recovered under the authority of a permit; or

(b) In any way change the shape, character, or form of an artifact recovered under the authority of a permit.

I. Storage and Conservation.

(1) The permittee is wholly responsible for transporting, storing, insuring, and conserving all artifacts raised under the permit and for the costs associated with these activities.

(2) The State Underwater Archeologist may grant exceptions to the requirement set forth in §I(1) of this regulation for noncommercial applicants that have made alternative arrangements satisfactory to the State Underwater Archeologist.

(3) The permittee shall deliver or cause to be delivered by a safe means all artifacts recovered during each calendar month through the duration of the permit to the conservation facility approved by the Trust in accordance with Regulation .06B(3) of this chapter for secure storage, until the artifacts are treated and disposed of in accordance with the permit. The permittee shall ensure delivery of the artifacts to the conservation facility on or before the 15th day of the month following the calendar month in which the recovery of the artifacts occurred, unless a different period of time has been set forth in the permit.

(4) An artifact delivered for storage to the conservation facility shall be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts through the signature of a person authorized by the facility to receive the artifacts from the permittee. One copy of the inventory shall be retained by the permittee, one copy shall be transmitted to the Trust, and one copy shall be kept with the artifacts at the conservation facility.

(5) The Trust may designate separate storage areas for different types of artifacts.

(6) While any artifact is in storage, the State may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact.

J. Safety; Indemnification; Insurance. The permittee shall:

(1) Comply fully with all applicable federal, State, or local safety regulations governing activities exercised under the privileges of the permit;

(2) Agree to indemnify and hold harmless the State and the Trust from and against all liabilities in accordance with Regulation .17B of this chapter; and

(3) Maintain adequate insurance coverage for workers' compensation and liability to cover all activities under the permit.

K. Restoration of Submerged Lands. The permittee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the permitted activity.

L. Compliance with Laws and Regulations. The permittee shall:

(1) Ascertain whether other federal, State, or local laws and regulations govern the operations;

(2) Comply fully with all the laws and regulations set forth in §L(1) of this regulation and apply for, receive, and fully comply with all necessary permits; and

(3) Ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or State navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas, such as those protected under federal, State, or local law, order, or regulation.

M. Activity Inspection. In addition to any monitoring requirement that may be set forth in the permit, a representative of the Trust may visit and be present at the location of any operations carried out under a permit including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a permit has been granted to ensure compliance with the permit, the Act, and these regulations.

N. Examination of Permits and Activity. At any time representatives of the Trust or other designated State enforcement authority, such as the Department of Natural Resources Police or the State Police, may:

(1) Require the permittee to produce the permit for examination; and

(2) Fully examine all activity done or being done under the permit and any artifacts before or after recovery.

O. Reporting; Inspection of Records. Permittees shall maintain such records and file such reports of activities as the Trust may specify in the permit. The records shall be open to inspection by representatives of the Trust during reasonable working hours.

P. Assignment. A permit, or any part of it, may not be assigned by the permittee to any other person or entity, including a successor in interest of the permittee, without the prior consent of the Trust. The activity covered by a permit may not be contracted or subcontracted by the permittee to a party not addressed by the permit without the prior consent of the Trust.

Q. Responsibility for Operations. The permittee shall retain full responsibility for the operations conducted under the permit whether any of the activity has been contracted or subcontracted.

R. Collection of Artifacts by Employees. The permittee shall prohibit its agents or employees from removing and keeping any artifact from a site.