As a general rule, a US vessel may pass through a foreign
countries territorial seas (TS) and exclusive economic
zones (EEZ) freely but may not collect data there without
advance permission. Research operations and data collection
require advanced permission. As a matter of precaution,
any operations within 200 miles of any land mass should
be discussed with the USCG Science
Liaison to investigate the implications and requirements
of working in foreign waters. We also recommend reading
the UNOLS
Foreign Clearance Manual prior to any foreign operations.
You can also visit the State Departments Ocean web site.
In addition to requesting clearance through the US state department to conduct marine research in non-US EEZ waters, the chief scientist should also be aware that other nations have indigenous communities living in the Arctic which have additional requirements for conducting research in or adjacent to their communities. The Canadian Northwest Territories, for example, require a research license administered through an online licensing program: http://www.nwtresearch.com/.
It is the responsibility of the Chief Scientist to
immediately inform the USCG
Science Liaison of any plans to work within the
200 mile limit using the Foreign Clearance Cruise Prospectus
(prospectus
is also available on the State Department Web Page).
The USCG will initiate requests for clearance following
the instructions found in the US
State Departments Notice to Research Vessel Operators
No. 67. The Science Liaison
will collaborate with the Chief Scientist to complete
the necessary forms and the official clearance application
will be submitted to the State Department by the US
Coast Guard. These forms include the State Department
form # 11121 (Form
11121 is also available on the State Department Web
Page) and/or country specific forms which can be
found on the State
Departments Notice To Research Vessel Operators Web
Page. Greenland/Denmark requires an additional form
"Project Proposal/Data
Sheet for U.S. Scientific Research in Greenland.
".
These clearance requests must be handled through the
U.S.
Department of State and the Foreign Office of the
country concerned and may require 7 to 8 months lead
time. U.S. Department of State Notice to Research Vessel
Operators #68, Rev. 5 states the Advance
Notice Requirements for Foreign Research Clearance Requests.
The ship’s Master is forbidden to carry out research
in legally recognized territorial seas and Exclusive
Economic Zones unless prior permission has been obtained
and there is documentary evidence to that effect. Changes
to cruises while underway, which would involve work
not previously planned in territorial waters, will not
normally be approved.
There is an increasing tendency for countries to attach
conditions to clearances. Official observers or scientific
participants normally will have to be carried on board
ship or be involved in the processing of the scientific
results. Additional port calls may be necessary to accommodate
foreign observers. The host nation may require sharing
of samples and data; at a minimum they require copies
of technical reports and papers.
Transportation and subsistence costs for foreign participation
may have to be provided. These costs are the responsibility
of the Chief Scientist. He/she should provide for these
costs in the scientific program budget and make allowances
for integrating foreign participants into the cruise.
Additional costs associated with foreign ports, such
as fees and expenses for embarking and debarking the
scientific party, are the responsibility of the Chief
Scientist.
As conditions for permitting work in their waters,
foreign countries will require reports that need to
be submitted to the host country through the U.S. Department
of State. It is the responsibility of the Chief Scientist
to prepare and submit the reports directly to the Department
of State, with copies to USCG Icebreaker Operations.
The Chief Scientist is responsible for meeting all post-cruise
obligations as specified in the clearance approval document
sent prior to the cruise. The host nations may also
require sharing of samples and data. U.S. Department
of State Notice to Research Vessel Operators #66 defines
the Post Cruise Obligations.
It is most important that the terms of whatever conditions
are imposed are clearly understood by both parties,
and that the Chief Scientist be fully prepared to carry
out the agreement. Failure to do so will make it much
more difficult for other researchers to gain access
to coastal waters and could result in the defaulting
scientist not being granted ship time in the future.
Port call clearances will be handled through official
channels within the US Coast Guard and will generally
be initiated by the ship once the schedule is finalized.
(right click on map to download 5.3Mb PDF)
The US State Department released this draft map in June 2008 which shows the Established Maritime boundaries in the Arctic Region. It also list the Latitude and Longitude for the geographic points along the boundaries. For more information please contact Brian Van Pay at the US State Department (VanPayBJ at state dot gov). |
