1 WRECKS AND WRECK SALVAGE

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1 Maritime Institute University Gent Jan schrijvers 1 WRECKS AND WRECK SALVAGE 1.1 DESCRIPTION Shipwrecks, other vessel wrecks and sunk loads are spread along the entire BPNS as a consequence of shipping accidents and other disasters at sea. 1.2 SUBUSES AND DESCRIPTION Shipwrecks, other vessel wrecks and sunk loads generally occur as a result of shipping accidents. It is very probable that shipping accidents will keep on occurring into the future. A shipping accident itself has a purely historical value as a use of the BPNS. This leaves the actual presence on site and/or the destruction of wrecks and sunk loads as a separate use. The latter use is mainly influenced by the characteristics of the wreck or load including its size, the amount of perishing through time, and structural and toxic compositions. Since the southern part of the North Sea is the most intensively used shipping route in the world, it is not surprising that the Belgian part of the North Sea is scattered with a large amount of wrecks. 1.3 LEGISLATIVE FRAMEWORK (updated by Cliquet A. and Maes F.) Legislation (Cliquet et al ; Maes and Cliquet 2005) International legislation: European Convention on the Protection of the Archaeological Heritage (Revised), Valetta (Malta), 16 January In the long run, some wrecks are valuable in an ecological and/or cultural way. No legal conservationist measures have been taken until now, but legal frameworks are currently being put into place. The Treaty of Malta (1992) regulates the management of the European archaeological patrimony. It was signed by Belgium in 1992, but is thus far not integrated into Belgian legislation. It is meant to conserve the in situ patrimony in the best way possible and to take measures to achieve this aim. If conservation in situ is not possible, seabed disturbers are asked to finance archaeological research and possible excavations. A distinction between military and civilian wrecks enables differentiation between usual wrecks and graveyards. Convention on the Protection of the Underwater Cultural Heritage, UNESCO, Paris, 2 November National legislation: Law of 20 January 1999 on the protection of the marine environment in the marine areas under Belgian jurisdiction, BS 12 March 1999; as amended Wreck Law, 11 April 1989, BS 6 October

2 Until recently, wrecks and their cargo were not defined or described under Belgian legislation. The Law on the Protection of the Marine Environment (20 January 1999) does, however, mention permits and licenses in Chapter VI. In that Chapter, article 25 states that wrecks and their cargo can only be left behind or destroyed if the authorised Ministry has granted a previous permit or license. It is therefore not compulsory per se to remove a wreck, or its equipment and cargo as a consequence of a shipping accident, unless the wreck creates or might create environmental pollution. Article 75 of this Law adds to article 13 of the so called Wreck Law (Law of 11 April 1989, BS 6 October 1989) that if a wreck or its cargo can cause pollution of the marine environment of the Belgian territorial sea or the EEZ, or in case it would jeopardise the safety of shipping in these zones, Belgian authorities have the ability to oblige the owner of that ship to take ameliorative measures. If the owner is unknown or if he does not take such ameliorative actions or in case of emergency, article 14 of the Wreck Law authorises the government at the risk and expenses of the owner or the responsible body to: get afloat, remove, destroy or render harmless, the sunken, the perished, the stranded or the deserted vessel, including everything that is or once was on board remove, destroy or render harmless, the load clear away the vessel, wreck or load from the territorial sea or the public property, once it is salvaged or removed take all necessary measures for the safety, the freedom of shipping, the safeguarding of the shipping route regime or its maintenance take all necessary measures to protect the marine environment of the territorial sea and the exclusive economic zone against possible pollution. This last line was added by article 77 of the Law on the Protection of the Marine Environment (20 January 1999) to the Wreck Law. Draft Royal Decree for the installation and allocation of protected areas in the marine areas under Belgian jurisdiction (1999 but never finalised) => ecologically very valuable wrecks: A draft Royal Decree for the installation and allocation of protected areas in the marine areas under Belgian jurisdiction proposes the installation of specific marine reserves as circles with a radius of 500 meters around the wrecks as mentioned below. Westhinder N/ E Waverley N/ E Lies N/ E Kilmore N/ E Garden City N/ E Birkenfels N/ E 1.4 EXISTING SITUATION Spatial delimitation A matrix indicates the Wrecks on the Belgian Continental Shelf adapted up to Baz 2003/07 (3 June 2003). It indicates that there are a total of 209 wrecks, but many more are actually present if smaller parts and small vessels are also taken into account (Map I.3.1a). 91

3 Source Philippe Formesyn, Flemish Administration of Waterways and Maritime Affairs Marnix Pieters, new section of Maritime Patrimony within the Institute of the Archaeological Patrimony Type and intensity Names of wrecks if known and codes can be found in the matrix. Volume above or below seabed and actual wreck surface above seabed, and details about content and material can be found for 60 of the historically, ecologically and recreationally most valuable wrecks (Termote 1996) (Map I.3.1b). Source: Philippe Formesyn, Flemish Administration of Waterways and Maritime Affairs. Marnix Pieters, new section of Maritime Patrimony within the Institute of the Archaeological Patrimony Termote, T (1996). Duiken naar 60 wrakken voor de Belgische kust. Geschiedenis, beschrijving en ligging van 60 gezonken schepen. 52 p. 1.5 INTERACTIONS Interaction in connection with wrecks can only be considered for those that are not removed (compliant with criteria) nor proclaimed as MPAs or as other protected area status Suitability for user Details if applicable can be found in the chapter that is specifically dedicated to Suitability Impact on other users Details if applicable can be found in the chapter that is specifically dedicated to Interaction among users Impact on environment Details if applicable can be found in the chapter that is specifically dedicated to Interaction between users and the environment. Biological The impact on the biological environment is mainly due to a change of substrate. On the one hand a hard substrate is introduced which is atypical for the Belgian seabed. This leads to a characteristic fauna. Research on the benthos inhabiting the wreck Birkenfels shows a higher biodiversity than elsewhere in the Belgian marine sediment ( Catrijsse and Degraer 2001). On the other hand, it is possible that the soft substrate in the direct vicinity of the wreck is also affected. These effects are supposed to include: Change of current, erosion and sedimentation: A change of current, erosion and sedimentation around the wreck will evidently have an impact on the substrate surrounding the wreck and therefore also the community living within or above. 92

4 Interaction with the trawling fisheries: The attraction of trawling towards wrecks leads to an intensification of trawling tracks in the soft substrate surrounding the wrecks. But the area directly surrounding the wreck will be spared from any trawling fisheries at all. This might lead to the conclusion that the areas directly facing the wrecks might belong to the only areas not being impacted by trawling on the Belgian seabed. This hypothesis is recently being investigated by a new BELSPO (Belgian Science Policy) project BEWREMABI Impact on benthos: Substrate for sessile fauna such as corals of the family Alcyonae, anemones, organ pipes, and for benthos such as molluscs and echinoderms, with increase of biological diversity Positive impact on benthos directly adjacent to wrecks, with increase of biological diversity Negative impact on benthos indirectly adjacent to wrecks, with decrease of biological diversity => indirect impact from intensified fishing around wrecks Impact on nekton: Positive impact on nekton with an increase of biological diversity: Shelter for fishes of the family Gadidae and flatfish in general, crustaceans, and cephalopods Habitat areas Nursery areas Spawning areas Feeding areas Chemical There is no chemical impact because the decision to extract in the first place takes pollutant criteria already into account. Geological/Physical There exists a negative impact on the sediment that is adjacent to wrecks => it is a consequence of an indirect impact from intensified fishing around wrecks. Hydrological There is no relevant hydrological impact unless a minor change in currents Impact on socioeconomy Economic Turnover and income for Belgium generated from wrecks => indirectly linked with turnover and income generated from tourism linked with wrecks => very difficult to estimate because very diffuse. 93

5 Social Cultural value: War graves (Waverley is considered as a War Grave by the British Authorities) Employment: Employment in Belgium generated from wrecks => indirectly linked with employment generated from tourism linked with wrecks => very difficult to estimate because very diffuse 1.6 REFERENCES AWZ, Wrecks on the Belgian Continental Shelf adapted up to Baz 2003/07 (3 June 2003) Catrijsse, A. and Degraer, S., Macrofauna biodiversity patterns of the Belgian waters. In Biodiversity of the bentjos and the avifauna of the Balgian Coastal waters, p 1720, Federal Office for Scientific, Technical and Cultural Affairs, Brussels, 48 p. Cliquet, A., Lambrecht, J. and Maes, F., Juridische inventarisatie van de kustzone in België, 2 update. Studie in opdracht van de Administratie Waterwegen en Zeewezen, Afdeling Waterwegen Kust, (Departement Leefmilieu en Infrastructuur, Ministerie van de Vlaamse Gemeenschap), Gent, Maritiem Instituut/Vakgroep Internationaal Publiekrecht, 88 p. Maes, F. and Cliquet, A., Codex wetgeving kustzone, Brugge, Vanden Broele, vol. 2. Termote, T., Duiken naar 60 wrakken voor de Belgische kust. Geschiedenis, beschrijving en ligging van 60 gezonken schepen. 52 p. Websites: MUMM website e 94