Update on Marine Scientific Research (MSR) Diplomatic Consent - - PowerPoint PPT Presentation

Update on Marine Scientific Research (MSR) Diplomatic Consent

Allison Reed and Matthew Kastrinsky

U.S. Department of State, Office of Ocean and Polar Affairs October 2018 IRSO2018

Overview

 Quick Refresh: MSR and Law of the Sea  Foreign scientists in U.S. waters  U.S. scientists in foreign waters  RATS Redevelopment  MSR trends and challenges  Resources and best practices  BBNJ (time permitting)

Quick Refresher: MSR and LOSC

1982 Law of the Sea Convention

Article 238: right to conduct MSR Article 245: coastal state jurisdiction over MSR

conducted within territorial seas

Article 246: coastal state jurisdiction over MSR

conducted within EEZ

Article 250: communications concerning MSR

projects shall be made through appropriate

• fficial channels

Quick Refresher: MSR and LOSC

What types of MSR will require diplomatic clearance

Complex: Science has no boundaries

Foreign Scientists in Waters Under U.S. Jurisdiction

• Dept. of State

creates RATS user account Chief Scientist creates draft Foreign Embassy Officer submits in RATS

• Dept. of State

processes application U.S. gov’t agencies review and approve

• Dept. of State

sends consent letter to Embassy Officer Preliminary report submitted to

• Dept. of State

Final Report and data sent to U.S. gov’t agencies Application marked Complete

U.S. Review of MSR Requests

U.S. Interagency Review Process

U.S. Scientists in Foreign Waters

U.S. Scientist MSR Applications (CY2017)

• Dept. of State

creates RATS user account Chief Scientist creates draft Platform Operator submits in RATS

• Dept. of State

processes application to U.S. Embassy U.S. Embassy sends to coastal State Coastal State sends consent letter to U.S. Embassy U.S. Embassy uploads consent letter to RATS

• Dept. of State

verifies consent letter and approves application Platform Operator submits Preliminary Report to RATS

• Dept. of State

verifies Preliminary Report U.S. Embassy submits Preliminary Report to coastal State Platform Operator submits Final Report to RATS and sends data to coastal State

• Dept. of State

verifies Final Report U.S. Embassy submits Final Report to coastal State

Application marked Complete

Process to Request MSR Consent for U.S. citizens in Foreign Waters

RATS Redevelopment (RATSc)

RATSc Development

 Designed in Microsoft Office O365 cloud platform

 Current RATS custom built  Cloud based more easily replicated

 Frequent alerts: emails and in-app notifications  More user-friendly  Better search

capabilities

 Training Modules  Projected Launch:

Spring 2019

MSR Recent Trends and Challenges

Trends in Coastal State Processes

 Still no uniform system  Increasing bureaucracy, evolving requirements, closer

scrutiny

 Increase in questions, clarifications from coastal states  UN Standard Form A outdated?  Happening in U.S. as well; change in timeline

 Upward trend in requiring participants, which can

present challenges

 What is practicable? (Article 246)  SEA examples; Pacific transit and sensors

 Data and Reporting

 Lack thereof = basis for withholding consent (Article 246)  NZ, Mexico, France, Costa Rica, United States

Challenges

 Optics

 AUVs/Drifters/Gliders/Saildrones

 Non-MSR vessels collecting MSR (e.g. cruise ships)

 Not MSR?

 Routine observation, military survey, port calls, equipment testing  Biogeochemical data? (ex: IOC Argo Program)  Sea Ice

 Changes to dates  Citizen Science  Maritime Boundary Disputes  Extreme or Unforeseen Events

 Hurricanes, Argentine Submarine

Changing Policies Impact MSR Consent

 Bilateral  New Zealand - biofouling  Philippines  Mexico – complex system

 (https://mx.usembassy.gov/education-culture/scientific-

research/scientific-research-requirements/)

Who Requests MSR Consent?

(aka Ian Sage’s Slide)

 United Kingdom,

Iceland, Norway, etc.

 Flag State of Vessel

 United States

 Nationality

 Canada

 Owner of the Data

 Does it matter? YES!

 NRV ALLIANCE  Dual National Situations

Resources

U.S. MSR Policy General: https://www.state.gov/e/oes/ocns/opa/rvc/ About the Research Application Tracking System (RATS): https://www.state.gov/e/oes/ocns/opa/rvc/rats/index.htm **Documentation Required by Coastal State**: https://www.state.gov/e/oes/ocns/opa/rvc/country/index.htm DOALOS MSR Guide: http://www.un.org/Depts/los/doalos_publications/publicationstexts/msr _guide%202010_final.pdf

Best Practices

 Know the coastal requirements  Talk to others for lessons learned  Build in time buffer (~1 week either end)  No maritime boundaries on cruise track  Early submission (7 months)  Sell your science-benefits to State (lay audience)  Engage local scientists  Follow up regularly on status of request  Post cruise: timely submission of prelim report, final

report, data

Thank you!

MarineScience@state.gov

BBNJ IGC

What is the IGC? What is the IGC discussing?

 United Nations General

Assembly established IGC to meet in 2018/2019/2020

 Negotiating legally binding

agreement relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction

 Marine genetic resources,

including questions on sharing of benefits

 Measures such as area-based

management tools, including marine protected areas

 Environmental impact

assessments

 Capacity building and

transfer of marine technology

BBNJ and MSR related issues

 Use of marine genetic resources/sharing of benefits  How to facilitate MSR and research & development  Marine scientific research vs. bio-prospecting  Access restrictions  Capacity building and transfer of marine technology;

how to implement

 Differentiation between science relating to

exploitation of marine resources, and marine scientific research undertaken in areas of marine resources using similar science capability