Historic Marine Protected Areas

A historic marine protected area is a Protected Historic Place. They are used to protect marine historic assets of national importance.  

Historic marine protected areas were introduced in the Marine (Scotland) Act 2010 and may be designated in Scottish territorial waters (up to 12 nautical miles offshore). Historic marine protected areas were first implemented in 2013. 

The system exists to protect our most significant historic wrecks and other marine heritage sites, so they can be passed to future generations to enjoy and understand. 

Each historic marine protected area has its own designation record. The record includes information about the location of the site and its extent, including a map. It provides the reasons why a site is nationally important, detailed information about its characteristics and preservation objectives and guidance about what activities can take place there. It is not a definitive account or a complete description of the site(s).  

The Scottish Government designates historic marine protected areas. Historic Environment Scotland provides advice to the Scottish Government as part of that process. We work closely with a wide range of stakeholders as part of this process. Our work can result in the designation of a new historic marine protected areas, updating existing records, or in certain circumstances, the removal of a designation. We base our advice on our Designation Policy and Selection Guidance.  

Anyone can ask us to assess a site for designation as a historic marine protected area, or update or review an existing site.

The designations process and how to make a request

Designation of a marine historic asset as a historic marine protected area recognises its cultural significance at a national level. The term ‘marine historic asset’ is defined in law and can include the remains of a wide variety of man-made structures, including wrecks of boats and aircraft. It can also include more scattered remains such as groups of artefacts on the seabed from a submerged prehistoric landscape.   

As well as Historic marine protected areas, there are Nature Conservation marine protected areas and Demonstration and Research marine protected areas. All Marine Protected Areas are designated by the Scottish Government. Some marine assets are also protected under the Protection of Military Remains Act 1986. As well as shipwrecks this includes all military aircraft wrecks. Under this act, vessels may be designated as either a Protected Place or a Controlled Site. The UK Ministry of Defence administers the Act: the RAF for aircraft, the Royal Navy for vessels.  

Divers can visit a Protected Place on a ‘look but don’t touch’ basis. Divers may not visit a Controlled Site without a license. 

Historic marine protected areas do not affect ownership of a historic marine asset. It remains the property of its owner. Owners of historic marine protected areas have no duty to maintain or improve management of their sites, though we do encourage this. 

It is a criminal offence to intentionally or recklessly remove, alter or disturb marine historic assets, or carry out activities which could damage or interfere with a marine historic asset or significantly hinder a protected area's preservation objectives.  You must check if you need a marine licence if you plan to recover objects of historic interest from the seabed using a vessel, vehicle, structure or floating container (including lifting bags). You should contact the  Marine Directorate Licensing Operations Team. 

The information in the historic marine protected area record helps regulators, developers and sea users to understand the importance of the site and provides guidance about what activities can take place there. 

Planning permission or a marine licence (or both) may be required for carrying out work inside a historic marine protected area. Enquiries about planning permission should be made to the planning authority. Enquiries about marine licences should be made to the Scottish Government’s Marine Directorate. 

You must report all wreck material recovered from the seabed – no matter how small or seemingly insignificant – to the Receiver of Wreck, under the terms of the  Merchant Shipping Act 1995.  

You can search for historic marine protected areas on trove.scot, a platform which brings together the collections held by Historic Environment Scotland.

For more information on designation decisions relating to Protected Historic Places search the Historic Environment Portal.

Go to trove.scot

Go to the Historic Environment Portal