Guidance

Marine Science Research (MSR) guidance

Updated 19 May 2023

Introduction

The UK supports and recognises the importance of Marine Scientific Research (MSR) in improving our understanding of the ocean and our impact on the marine environment. It was therefore welcome that the United Nations Convention of the Law of the Sea (UNCLOS) established a global regime to facilitate research in waters over which another State exercises sovereign rights and jurisdiction.

This document aims to function as a guide both for non-UK vessels who wish to conduct research within the United Kingdom and its Crown Dependencies/Overseas Territories and for UK vessels who wish to conduct research abroad. It will provide an overview of UNCLOS regulations on MSR and the process the UK government uses to consider research applications.

United Nations Convention of the Law of the Sea: UNCLOS

Part XIII (Articles 238-265) of UNCLOS sets out that every State has the right to conduct marine scientific research, but that right is subject to the rights and duties of the coastal State in whose jurisdiction the research is being conducted. Coastal States have the right to regulate, authorise and conduct marine scientific research in their territorial sea, exclusive economic zone (EEZ) and on their continental shelf.

However, UNCLOS provides that in normal circumstances, a coastal State shall grant its consent to MSR that is carried out in accordance with the Convention within its EEZ. This provision does not extend to a Coastal State’s territorial sea. In any case, those conducting MSR must, in accordance with UNCLOS, comply with the regulations adopted by the coastal State, including those for the preservation and protection of the marine environment.

Under UNCLOS, all States proposing to conduct MSR should provide the Coastal State a full description of the proposed research project at least six months in advance of the expected starting date of research activities. Further, States are required to provide the Coastal State, with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research

Applications made to the UK

Researchers who wish to conduct MSR in the UK using a non-UK flag vessel should send a completed application form (Annex A) to the Ocean Policy Unit (OPU) of the Foreign, Commonwealth & Development Office at msrapplications@fcdo.gov.uk at least six months in advance of the expected starting date of research activities.

Once received, OPU consults up to 12 UK bodies to ensure the research complies with UK regulations and to ensure all necessary consents have been acquired. The 12 bodies we collaborate with are:

• Ministry of Defence (MoD)
• Is-adran Y Môr a Physgodfeydd/ Marine and Fisheries Division of the Welsh Government
• Department of Agriculture, Environment and Rural Affairs, Northern Ireland (DAERA)
• Marine Scotland
• Marine Management Organisation (MMO)
• Maritime and Coastguard Agency (MCGA)
• Association of Inshore Fisheries and Conservation Authorities (IFCA)
• Joint Nature Conservation Committee (JNCC)
• National Oceanography Centre (NOC)
• The Crown Estate
• Crown Estate Scotland
• BT

These bodies will consider the research application and provide any instructions and signpost any consents that may be required. Once we receive confirmation from all relevant bodies that the research complies with UK regulations, OPU will issue a consent document granting the vessel diplomatic clearance to conduct its research.

This consent document will include the name of the vessel and dates of research for which said clearance is valid, as well as provide the conditions with which the vessel must comply whilst carrying out its research.

The consent document also includes a list of contact details to whom applicants are required to send a full cruise report outlining the findings of the research, including all raw data gathered, no later than 6 months after conclusion of the research. Non receipt of these reports could lead to delay in granting consent to subsequent applications.

Applications made to British Crown Dependencies and Overseas Territories

Researchers who wish to conduct MSR in a British British Crown Dependency (CD) or Overseas Territory (OT) using a non-UK flagged vessel should send a completed application form to the Ocean Policy Unit at least six months in advance of the expected starting date of research activities.

OPU will then forward the application to the relevant Local Government or Governor’s Office. They will liaise with the appropriate marine authorities to ensure the research complies with the relevant regulations.

Once the local CD/OT government has granted consent, OPU will issue a document similar to that granted to conduct research in the UK. This document, as well as any other necessary consents will be sent to the applicant.

UK maritime limits and boundaries

To determine whether the proposed research falls within UK maritime zones, see the UK Maritime Limits and Boundaries, created by the United Kingdom Hydrographic Office.

Marine protected area / special area of conservation

It is the responsibility of the applicant to determine whether they will be conducting MSR in a special area of conservation or marine protected site and familiarise themselves with the relevant guidance which can be found on the Joint Nature Conservation Committee’s website. Any research in such areas may require an assessment in relation to activities that may injure or disturb a European Protected Species and as such may require a licence and/or mitigation measures. Further information can be found in Annex B.

Short notice applications

Although late applications may be considered, we cannot guarantee that a decision will be made before the proposed start date of the cruise. In the interests of fairness between applications, and to ensure compliance with relevant international obligations, applications will only be expedited in exceptional circumstances, which should be stated and explained as part of the application.

Changes to research

Any changes to the method, means or nature of the research must be reported to OPU as soon as possible with an explanation of why the research has been altered as well as an updated application form that reflects the changes made. Be aware that any changes made to the research may result in delays to acquiring clearance.

Subsea cable route surveys

OPU does not consider cable route surveys as MSR. Subsea cabling activity in the UK is regulated by the MMO and applications to conduct surveys may require their approval. Read further information on marine licensing cables.

Other consent

While OPU is happy to function as liaison between applicants and the various UK bodies in charge of overseeing marine research, it is the responsibility of the applicant to adhere to all applicable marine environment protection laws and obtain any necessary licences. Further information is signposted in Annex B

Nagoya Protocol

The UK is a Party to the Nagoya Protocol, and therefore has compliance measures in place which UK users of genetic resources must comply with. However, the UK has chosen not to implement access measures. This means that the UK does not regulate the access to, and utilisation of, the UK’s marine genetic resources.

Users are free to access UK genetic resources and there are no requirements to seek access and benefit sharing permits. There may be other considerations when accessing UK genetic resources, for example related to protection of marine species.

Note that the UK has not extended its status as a Party to the Nagoya Protocol to its Overseas Territories or Crown Dependencies, therefore those wishing to access and utilise marine genetic resources in those locations should comply with local requirements. Read further information on the Nagoya Protocol in the UK.

Applications made from the UK

Researchers who wish to conduct MSR outside the UK using a UK flagged vessel will need to send a completed application form to the OPU at least six months in advance of the expected starting date of research activities.

Applications received are initially assessed by the OPU, who will to notify the relevant coastal State via official diplomatic channels. The Foreign, Commonwealth & Development Office will then act as interlocutor on behalf of the applicant in gaining the consent or otherwise from the respective government departments, agencies and related entities of the coastal State. OPU will advise the applicant of any further requirements related to the application requested by the relevant coastal State.

It may be necessary to provide a translated application form, in the language relevant to the coastal State. In the case of MSR applications to conduct research in multiple States, a separate application form must be submitted for each State’s jurisdiction you are wishing to enter.

Port calls

Applications to make a port call in a Coastal state without conducting any research within the state’s Exclusive Economic Zone/Territorial Sea do not need to be sent through OPU. Such applications should be made directly through a shipping agent or, in circumstances where this is not feasible, by contacting the appropriate UK Embassy/High Commission.

Other consent

While Ocean Policy Unit is happy to function as liaison between applicants and the relevant Coastal State’s MFA, it is the responsibility of the applicant to adhere to all applicable marine environment protection laws and obtain any necessary licences required for the research and/or its utilisation of marine resources

Annex A

Marine scientific research application form: UK and overseas territories

Annex B

Under the Marine and Coastal Act 2009 and Marine (Scotland) Act 2010, certain activities require additional marine licences from the regulatory authorities. Further information can be found at:

• marine licensing process for England
• the Scottish Government: marine licensing
• Northern Ireland Environment Agency: marine licensing

Wildlife licences or mitigation measures may be required for activities, which could harm or disturb a protected species. This information can be found via:

email to MarineDivision.InfoRequests@doeni.gov.uk