The Law of the Sea Convention provides coastal State jurisdiction over the conduct of marine science research within 200 nautical miles of its coastline, an area encompassing a State’s territorial sea and its Exclusive Economic Zone (EEZ). The coastal State also has certain controls over marine scientific research in areas of its continental shelf that extend beyond 200 nautical miles.
The Law of the Sea Convention further provides that “appropriate official channels” be used to obtain access to an EEZ for marine scientific research. This requirement ensures that 1) the researcher provides adequate and timely disclosure of the proposed research to the coastal State, 2) the coastal State provides adequate consideration and timely response for the proposed research, and 3) the resulting data is delivered to the coastal State in a timely fashion.
OPA serves as the conduit for U.S. (public- or privately-funded) researchers seeking foreign authorization as well as for foreign researchers seeking U.S. authorization. On an annual basis, OPA manages approximately 370 applications and 500 post-cruise data transfers. OPA also maintains an archive of authorization records that date back to 1990.
The Law of the Sea Convention does not define marine scientific research, but the United States has identified some data collection activities that are not marine scientific research, including prospecting for the exploitation of natural resources, hydrographic surveys (for enhancing the safety of navigation), military activities including military surveys, environmental monitoring and assessment of marine pollution pursuant to section 4 of Part XII of the Convention, activities related to submerged wrecks or objects of an archeological and historical nature, and operational oceanography.
For further information on marine science research authorization procedures, see:
Authorization to Conduct MSR in Foreign EEZ(s)
Authorization to Conduct MSR in U.S. EEZ
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