a right provided for under international law reflected in the LOS Convention. The United States declined to assert jurisdiction in its EEZ over MSR because of its interest in encouraging MSR and promoting its maximum freedom while avoiding unnecessary burdens. The Department of State is charged with facilitating access by U.S. scientists to foreign EEZ's under reasonable conditions. Consequently, since 1983 the U.S. requests permission through diplomatic channels for U.S. research vessels to conduct MSR within 200 miles of a State asserting such jurisdiction.5
The United States does not claim jurisdiction over fisheries research except when it involves commercial gear or commercial quantities of fish, and even then it may qualify as scientific research. The United States does, however, claim jurisdiction over marine mammal research. 6
Role of the U.S. State Department in MSR
Within the Bureau of Oceans and International Environmental and Scientific Affairs (OES) is the Office of Ocean Affairs (OA), a division of which is the Marine Science and Technology Affairs Division (OA/MST).
The Marine Science Division is responsible for assuring that U.S. policy is adhered to in acquiring permission from the coastal State, when required for such research, and for coordinating and processing of the request, as well as in processing requests from foreign researchers to conduct MSR in the U.S. territorial sea.
OES is headed by Assistant Secretary Elinor Constable. The Deputy Assistant Secretary for Oceans is Ambassador David Colson (OES/O). The Office of Ocean Affairs is headed by Tucker Scully, and the Director of the Marine Science Division is Bill Erb. Mr. Erb is ably assisted by Mr. Tom Cocke, who is charged with processing all applications to conduct MSR.
Definitions
Coastal State jurisdiction over foreign marine scientific research differs depending on which activity is involved and on the maritime zone in which it is conducted. The LOS Convention does not define the terms "marine scientific research", "survey activities", "hydrographic survey", or "military survey". However, the concepts are distinct.
MARINE SCIENTIFIC RESEARCH
The United States accepts that "marine scientific research" (MSR) is the general term most often used to describe those activities undertaken in the ocean and coastal waters to expand scientific knowledge of the marine environment and its processes. 7MSR includes oceanography, marine
5 The United Kingdom similarly acts on behalf of British scientists seeking authorization to conduct MSR in foreign waters. 56 Br. YB. Int'l L. 1985. at 500.
16 U.S.C. § 1374(c).
Accord. SOONS. MARINE SCIENTIFIC RESEARCH AND THE LAW OF THE SEA 124 (1982) (hereinafter. SOONS).
