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Overview

U.S. policy regarding the Exclusive Economic Zone (EEZ) and the territorial sea was established with Presidential Proclamations 5030 and 5928 , respectively. Accordingly, advance U.S. Department of State consent is required for marine scientific research if and only if:

• Any portion of the research is conducted within the U.S. territorial sea;
• Any portion of the research within the U.S. EEZ involves the study of marine mammals or endangered species;
• Any portion of the research within the U.S. EEZ requires taking commercial quantities of marine resources; or
• Any portion of the research within the U.S. EEZ involves contact with the U.S. continental shelf.

It is U.S. policy not to unreasonably deny or delay consent for marine scientific research in U.S. waters.

Procedure

Applications should be submitted to OPA through the Embassy in Washington D.C. representing the nationality of the chief scientists or the chief sponsor of the research (see related embassy link below). The application package should include UN Draft Standard Form A and other background materials, if applicable:

• If the research involves the study or incidental take of marine mammals or endangered species within the U.S. EEZ, include the appropriate authorization from the NOAA Office of Protected Resources (i.e. Research Permit or an Incidental Take Permit/Authorization). Such activities include, but are not limited to, seismic research using airguns.
• If the research involves the taking of commercial quantities of fish within the U.S. EEZ, include a letter of acknowledgement from the appropriate NOAA Fisheries Service Regional Science Center .
• If the research involves contact with the U.S. continental shelf and
  -- the data will be used for commercial exploration or prospecting;
  -- the research involves the use of explosives; or
  -- the research involves deep stratigraphic tests;
  include the MMS permit application, available at the appropriate regional Minerals Management Service website: Atlantic/Gulf of Mexico ; Alaska ; Pacific .

Upon receipt, OPA will promptly forward the materials to various U.S. agencies for their consideration. OPA allows the U.S. agencies four weeks' time to review and respond to each application. Therefore, it is recommended that applications be submitted to OPA at least six weeks prior to the start of the cruise, such that OPA can assure a timely response to all research applicants. If a U.S. agency requests clarification on the application, OPA will forward the query immediately to the Embassy point of contact. This Embassy point of contact will likewise be the recipient of the final clearance paperwork.

The United States reserves the right to participate in the research activity and obtain copies of data collected within the U.S. EEZ.

Related Links

• Guidelines for Improved Cooperation between Arctic Researchers and Northern Communities – useful recommendations for arctic research missions.
• Foreign Embassies in the U.S. - provides information on each of the embassies in Washington D.C., with links to Web-based resources where available.
• Non-Immigrant Visas - Application information from the U.S. Department of State, Bureau of Consular Affairs.
• U.S. Maritime Zones and Marine Boundaries - an information system created by the Federal Geographic Data Committee (FGDC) Marine Boundary Working Group, encompassing both the nature and spatial extent of interests in property, value and use of marine areas.
• Law of the Sea - see Article 19(2)(j) Innocent Passage; Article 56(1)(b)(ii) EEZ; Article 87(1)(f) High Seas; Part XI Deep Seabed, Article 143; Part XIII Marine Science Research, Articles 238-265; Part XV Dispute Resolution, Articles 287& 297. 
• Endangered Species Act - the basis for U.S. conservation of species that are endangered or threatened with extinction throughout all or a signficant portion of their range, and the conservation of the ecosystems on which they depend. 
• Magnuson-Stevens Fishery Conservation and Management Act - the basis for U.S. management of fisheries within the EEZ. 
• Marine Mammal Protection Act - the basis for U.S. management of marine mammals in the EEZ.
• Outer Continental Shelf Lands Act - the basis for U.S. management of MSR on the Continental Shelf.