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 official 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

U.S. Review of MSR Requests Dept. of State Foreign Dept. of State Dept. of State sends consent Final Report Embassy processes letter to Embassy creates RATS user and data sent Officer submits application Officer account to U.S. gov’t in RATS agencies U.S. gov’t Preliminary agencies report Chief Scientist review and submitted to Application creates draft approve Dept. of State marked Complete

U.S. Interagency Review Process

U.S. Scientists in Foreign Waters

U.S. Scientist MSR Applications (CY2017)

Process to Request MSR Consent for U.S. citizens in Foreign Waters Dept. of State Dept. of State Platform Operator Dept. of State U.S. Embassy processes Coastal verifies submits Final Platform Dept. of State verifies submits Final application to State sends consent letter Report to RATS Operator creates RATS Preliminary Report to U.S. Embassy consent and approves and sends data to submits in user account Report coastal State letter to application coastal State RATS U.S. Embassy U.S. U.S. Embassy Platform Operator U.S. Chief Scientist Embassy Dept. of State Application sends to coastal submits Embassy creates draft uploads verifies Final State Preliminary marked submits consent Report Report to RATS Preliminary Complete letter to Report to RATS coastal State

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 discussing? What is the IGC?  United Nations General  Marine genetic resources, Assembly established IGC to including questions on meet in 2018/2019/2020 sharing of benefits  Measures such as area-based management tools, including  Negotiating legally binding marine protected areas agreement relating to the  Environmental impact conservation and sustainable use of marine assessments biological diversity in areas  Capacity building and beyond national jurisdiction 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