DATELINE :- 2nd August 2000
MILITARY PROTECTION BID
Archaeologists seek protection for Storaa and H5
Two archaeologists are turning to the Protection of Military Remains Act 1986 in attempts to protect vessels lying in British waters.
In what is thought to be the first application made under the act, Dr Peter Marsden has applied for the protection of the Storaa, a merchantman sunk 10 miles south of Hastings with loss of life in 1943, while carrying aircraft parts and armoured vehicles for Britain's war effort.
And Mike Bowyer is "on the verge" of applying under the act for the protection of another submarine, the H5, sunk in 1918 off Anglesey.
Both men regard the wrecks as archaeologically valuable, so may also apply for standard protected wreck status under the Protection of Wrecks Act 1973, whereby diving is allowed only by an appointed licensee.
But they say they have also been taken by the stories of human loss connected with the vessels, and are applying under the military legislation on ethical grounds. The Protection of Military Remains Act applies to wrecks considered as war graves, or owned by the MoD. It can be applied at two levels, the most severe being a ban on all diving around the site.
Marsden and Bowyer favour protection at the more lenient "look but don't touch" level. A wreck protected under Protection of Wrecks legislation cannot be dived by anyone but the licensee or divers supervised by him.
Marsden, who runs the Shipwreck Heritage Centre in Anglesey, told Diver: "Twenty-one British and Danish men died when the Storaa was sunk by enemy action, including gunners put aboard by the Admiralty. By my research the wreck qualifies as a war grave yet, in 1985, the government sold salvage rights to her for £150 to a commercial concern. She has not been disturbed - my worry is that an application for gravel extraction close by is being considered."
Protection would ensure that diving or dredging would not disturb the wreck, while allowing Marsden to avoid the process of licensee appointment required by the Protection of Wrecks Act, and the monitoring and recording responsibilities that go with it.
Mike Bowyer, known as a licensee for the protected early submarine Resurgam off Rye, has different concerns for the H5. Lying off Anglesey about 10 miles north of Nefyn, the submarine makes a good dive and, though at 68m, his application reflects how divers are venturing ever deeper in their search for appealing "virgin" wrecks.
"The H5 would be the deepest protected wreck in the country," said Bowyer, "She couldn't be protected under the Protection of Wrecks Act because she lies beyond the depth limit for practical monitoring under the licensee system.
"With more divers going deeper, it's perfectly feasible that she'll be tampered with more and more in years to come, and when you consider her tragic story she is, in my view, crying out for protection under the military legislation.
"I don't want diving banned on her - I'm pro-diving - but I want legislation that would allow prosecution if there's evidence of tampering or removal of parts."
The 46m Holland-designed H-class sub was cruising on the surface when she was mistaken for a U-boat, rammed and sunk by a British merchantman, with the loss of all 27 crew. The Admiralty was providing bounties to ships that sank U-boats, and although aware of the mistake, it paid the captain his reward, not telling him that he had sunk a British ship.
The sub lies nearly upright, its periscopes rising to 53m. It is in good condition, although the outer hull casing has largely deteriorated. The conning tower main hatch still sits in its open position, as it was when she went down.
The wreck was dived last year by Keith Hurley, who also confirmed the identity of the early submarine Resurgam, off north Wales.