Regulations On Foreign Marine Scientific Research In Norway's Internal Waters, Territorial Sea, Exclusive Economic Zone And The Continental Shelf

Original Language Title: Forskrift om utenlandsk vitenskapelig havforskning i Norges indre farvann, sjøterritorium, økonomiske sone og på kontinentalsokkelen

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Regulations on foreign marine scientific research in Norway's internal waters, territorial sea, exclusive economic zone and the continental shelf.


Date FOR 2001-03-30-360


Ministry of Foreign Affairs


Published in 2001 Booklet 4


Commencement 01/07/2001

Edited


Changes


For
Norway

Legal

LOV-1963-06-21-12-§2, LOV-1963-06-21-12-§3, LOV-1966-06-17-19-section 6, LAW-1976-12-17- 91 § 7, LOV-1983-06-03-40-§4, LOV-1983-06-03-40-§4a, LOV-1983-06-03-40-§5, LAW-1983-06- 03-40-§5a, LOV-1983-06-03-40-§7, LOV-1983-06-03-40-§8, LOV-1983-06-03-40-§9, LAW-1983- 03/06/40-§9a, LOV-1983-06-03-40-§13, LOV-1983-06-03-40-L-21, LOV-1983-06-03-40-§23, legislation 1983-06-03-40-Section 24, LOV-1983-06-03-40-Section 25, LOV-1983-06-03-40-§32, LOV-1983-06-03-40-L-45, LOV-1997-06-13-42-§3, LOV-1997-06-13-42-§9, LOV-1997-06-13-42-§12 LOV-1997-06-13-42-§ 15, LOV-1997-06-13-42-§32

Promulgated
20/04/2001

Short Title
regulat. about foreign marine scientific research

Chapter Overview:

Introductory provisions (§§ 1-6)
Application Procedure (§§ 7-10)
PERMIT CONDITIONS (§11)
Duties connected with the research (§§ 12-16)
facilities and equipment (§§ 17-20)
Enforcement (§§ 21-23)
Commencement (Section 24)
Annex. Notification of proposed research cruise

Adopted by Kronprinsreg.res. 30 March 2001 pursuant to the Act of 21 June 1963. 12 relating to scientific research and exploration for and exploitation of subsea natural resources other than petroleum resources § 2 and § 3, the law of 17 June 1966 No.. 19 of Norway's fishery limit and on prohibits foreigners fishing etc fisheries limit § 6, the Act of December 17, 1976. 91 of the economic zone § 7 letter b, law of 3 June 1983 no. 40 water fisheries, etc. § 4, § 4a, § 5 , § 5a, § 7, § 8, § 9, § 9a, § 13, § 21, § 23, § 24, § 25, § 32 and § 45, and law of 13 June 1997 no. 42 of the Coast Guard ( coastguard Act) § 3, § 9, § 12, § 15 and § 32. Promoted by the Foreign Ministry.

Introductory provisions

§ 1. The purpose of this regulation is to promote the development and implementation of marine scientific research in accordance with the United Nations Law of the Sea of ​​1982 increased knowledge of the marine environment and the processes that take place there, and to ensure that it takes place in accordance with the rules on activities in Norway's internal waters, territorial sea, exclusive economic zone and the continental shelf.

§ 2. This regulation applies within the restrictions imposed by international law or agreements with foreign states.

§ 3. The provisions of these regulations apply to foreign scientific research in Norway's internal waters, territorial sea, exclusive economic zone and the continental shelf. To the extent that the foreign studies are of direct significance for the exploration and exploitation of living or non-living natural resources or otherwise interferes with the rights of Norway in accordance with international law, are not affected rules in legislation or pursuant to legislation referred to in this regulations § 7. In case of conflict, such provisions shall take precedence over these regulations.

§ 4. Marine scientific research considered in this regulation as foreign if the researching State is not Norway, or when the research to be conducted by an international organization. Researcher State pursuant to this regulation is the State in which the researcher or institution who is the project leader, is domiciled. If researchers or institutions from other countries to participate, the State in which the project's leading researcher or institution is domiciled considered researching State.
International organization shall in these regulations mean an intergovernmental organization which has scientific research purposes.

§ 5. This regulation shall not apply in relation to foreign warships. Foreign warships means vessels which fall under the current Norwegian rules of foreign warships and military aircraft to the Norwegian territorial sea in peacetime.

§ 6. Foreign marine scientific research in Norway's internal waters, territorial sea, exclusive economic zone and the continental shelf shall not be carried out without the consent of the Directorate of Fisheries. Implied consent is considered given in the cases described in these regulations § 10 The Directorate of Fisheries may grant exemptions from the requirement for consent if special circumstances warrant it.

Application Procedure

§ 7. The provisions of this regulation shall not affect the applicant's duties after
-
law of 18 August 1914 no. 3 relating to defense secrets,

-
Law of 21 June 1963 no. 12 relating to scientific research and exploration for and exploitation of subsea natural resources other than petroleum resources,

-

Law of 17 June 1966 No.. 19 of Norway's fishery limit and prohibiting foreigners fishing etc fisheries border

-
Law of 3 June 1983 no. 40 water fisheries, etc.,

-
Law of 24 June 1988 no. 64 on the admission of foreigners to the kingdom and their stay here,

-
Law of 16 June 1989 no. 59 relating to maritime pilots, etc.,

-
Law of 29 November 1996 no. 72 relating to petroleum activities,

-
Law of 13 June 1997 no. 42 of the Coast Guard (Coast Guard Act)

-
Regulation of 1 June 1973 No.. 3780 the establishment of bird reserves and large protected areas in Svalbard

-
Regulation of 21 December 1990 no. 1028 regarding foreigners' access to the country and their stay here,

-
Regulation of 23 December 1994 no. 1130 at foreign non-military vessels calling at or traffic within Norwegian territorial sea in peacetime.

§ 8. Application for marine scientific research shall be sent to the Directorate of Fisheries of the researcher, research institution or international organization to conduct the research. Applications must be submitted six months before the project's scheduled start date, unless the Directorate of Fisheries in conjunction with the single application allows shorter søknadstid. Fisheries shall answer an application without undue delay, normally within two months after the application is received.

§ 9 Applications to marine scientific research shall contain a full description of
a)
name and nationality of the institution responsible for the project, its director and project manager,

B)
project type and purpose

C)
the method and the means to be used, including the vessel name, owner, the State of registration, liability insurance, tonnage, type and class as well as a description of scientific equipment,

D)
the precise geographical areas where the project is implemented, the expected date of the research vessel first arrival and final departure, or deployment and removal of equipment,

E)
extent to which it is believed that the coastal State should be able to participate or to be represented in the project.

A special form to be used for the application. The form is annexed to this Regulation and updated by the Directorate of Fisheries. The application is written in English.

§ 10. Application for marine scientific research is granted when the Directorate of Fisheries notified the applicant of this. The application is also regarded as granted four months after its receipt, unless the Directorate of Fisheries has informed the researching State or international organization that

A)
application is not granted,

B)
the information provided does not match the obvious facts,

C)
requested additional information or

D)
remains unfulfilled obligations under a previous research project that State or international organization has conducted in Norway's internal waters, territorial sea, exclusive economic zone or on the continental shelf.

Second paragraph does not

A)
unless otherwise provided by provisions made in or pursuant to legislation referred to in these Regulations § 7 or

B)
research in internal waters and territorial waters.

Conditions for authorization

§ 11. Fisheries can attach the following conditions to a license to conduct marine scientific research:
a)
Norwegian authorities or researchers they designate, shall be entitled to attend or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the coastal state scientists and without obligation to contribute to the costs of the project,

B)
Norwegian authorities shall, if they so request, and as quickly as possible, be provided with preliminary reports, as well as the final results and conclusions after the research is completed,

C)
Norwegian authorities shall, if they so request, be given access to all data and samples derived from the marine scientific research project and likewise furnished with data which may be copied and samples which may be divided without detriment to their scientific value deteriorate

D)
Norwegian authorities shall, if they so request, an evaluation of such data, samples and research results referred to in paragraph c), or assistance in their assessment or interpretation.

Duties connected with the research

§ 12 Marine scientific research shall not unjustifiably interfere with other legitimate uses of the sea.


§ 13. Activities related to marine scientific research shall be conducted in accordance with all rules that apply to Norway's internal waters, territorial sea and economic zone and the continental shelf, including the rules relating to the protection and preservation of the marine environment.

§ 14. Researcher State or the international organization shall immediately inform the Directorate of Fisheries about any major change in the research and in terms of the vessel to be used.

§ 15. Research, research institution or international organization has an obligation to meet Coast Guard request for inspection of research or device. Inspection can be carried out by force if the vessel or facility used

A)
activity covered by the Norwegian sovereign rights under UNCLOS Part V and VI or

B)
research within the territorial.

§ 16. The Directorate of Fisheries may require that it be notified of the research vessel daily positions, including the vessel shall have installed satellite tracking equipment, and other matters associated with research activities such as the startup of research and initiating tests.

Devices and equipment

§ 17 Safety zones of a reasonable breadth not exceeding 500 meters may be created around scientific research installations.

§ 18 The deployment and use of any type of device or equipment for marine scientific research shall not constitute an obstacle to established international shipping routes.

§ 19 Installations or equipment for scientific research shall be provided with identification markings indicating the State of registry or the international organization to which they belong and shall have adequate internationally agreed warning signals to ensure safety at sea and aviation, taking into account rules and standards established by competent international organizations.

§ 20. Research, research institution or international organization shall make the results of marine scientific research in Norway's internal waters, territorial sea, exclusive economic zone or on the continental shelf internationally available as soon as practicable through appropriate national and international channels.

Enforcement

§ 21. The Directorate of Fisheries may require suspension of marine scientific research activities if such activities are not conducted in accordance with the information provided Fisheries pursuant to these Regulations § 9, or if the conditions attached to the permit issued pursuant to this regulation § 11 are not met.

§ 22. The Directorate of Fisheries may require cessation of marine scientific research if the circumstances which have given grounds for suspension pursuant to § 21 are not corrected within a reasonable time, or if the implementation of the marine scientific research that is so different from the information on the research that the Norwegian authorities after these regulations § 9, that amounts to a major change in activities.

§ 23. This regulation is without prejudice to the Norwegian authorities for enforcement, including the application of control and enforcement measures against vessels of rules in legislation or established pursuant to the acts listed in this regulation § 7

Commencement

§ 24. The regulation comes into force on 1 July 2001.

Annex. Notification of proposed research cruise

Part A: General


1.NAME OF RESEARCH SHIP
CRUISE NO.


2.Data OF CRUISE
From:
Two:

3.

OPERATING AUTHORITY:

TELEPHONE:
Telefax:
TELEX:

4.

OWNER

(If different from no. 3)

5.

Particulars OF SHIP:

Name:

Nationality:

Overall length:
metros

Maximum draft:
metros

Net tonnage:

Propulsion:
diesel

Call sign:

Registration port and number

(If registered fishing vessel)


6.CREW
Name of master:

Number of crew:

7.

SCIENTIFIC PERSONNEL

Name and address of

scientist in charge:

Tel / telex / fax no .:

No. of scientists:

8.

Geographical AREA IN WHICH SHIP WILL OPERATE (with reference two latitude and longitude)

9.

BRIEF DESCRIPTION OF PURPOSE OF CRUISE

10.

DATES AND NAMES OF intended PORTS OF CALL

11.

ANY SPECIAL REQUIREMENTS AT PORTS OF CALL

Part B: Details


1.NAME OF RESEARCH SHIP
CRUISE NO.


2.Data OF CRUISE
From:
Two:

3.

A)

PURPOSE OF RESEARCH

B)

GENERAL OPERATIONAL METHODS (including full description of any fish gear, trawl type, mesh size, etc.)

4.


ATTACH CHART showing (on an APPROPRIATE scale) the geographical area of ​​intended work, positions of intended stations, tracks of survey lines, positions of Moored / seabed equipment, areas to be fished

5.

A)

TYPES OF SAMPLES REQUIRED (eg, geological / water / plankton / fish / radionuclide)

B)

METHODS OF OBTAINING SAMPLES (eg, dredging / coring / drilling / fishing, etc. When using fishing gear, indicat fish stocks being worked, quantity of each species required, and quantity of fish to be Retained on board).

6.

DETAILS OF Moored EQUIPMENT


Dates Laying Recovery Description Depth Latitude Longitude

7.

ANY HAZARDOUS MATERIALS (chemicals / explosives / gases / radioactiva, etc.

(Use separate sheet if Necessary)

a)

Type and tradename NIL

B)

Chemical content (and formula) NIL

C)

IMO IMDG code (reference and UN no.) NIL

D)

Quantity and method of storage on board NIL

E)

If explosives dealer reservation dates of detonation NIL

-
Method of detonation

-
Position of detonation

-
Frequency of detonation

-
Depth of detonation

-
Size of explosive charge in kg.

8.

DETAIL AND REFERENCE OF

A)

Any relevant previous / future cruises

B)

Any Previously published research data Relating to the proposed cruise

9.

NAMES AND ADDRESSES OF SCIENTIST OF THE COASTAL STATE (S) IN WHOSE WATERS THE Proposed CRUISE TAKES PLACE WITH WHOM PREVIOUS CONTACT HAS BEEN MADE

10.

STATE

A)

Whether visits to the ship in port city scientists of the coastal state Concerned will be acceptable (Yes / No)

B)

Participation of an observable from the coastal state for any part of the cruise together with the reservation dates and the port of embarkation and disembarkation

C)

When research data from the intended cruise are thunderstorms to be made available to the coastal state and city what Means

Part C. Scientific equipment

Complete The Following table
Coastal state

Overusing a separate page for

Each coastal state
Port of call

Dates

Indicater "YES" or "NO"


Dis- TANCA from coast

List Scientific
work by function

I

Magnetometry
Water
column includingsuch sediment sampling of the seabed
Fisheries research within at fisihing limits
Research Concerning the natural resources of the continental shelf or its physical characteristics



Gravity



Diving



Seismic



Seabed sampling


Within Between
Between

Bathymetry

4 nm
4-12 nm
12-200 nm

Trawling





Echo sounding



Water sampling



U / W TV



Moored instr.



Towed instr.









. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(On behalf of the Principal Scientist)
Dated
NB. If any details are materially changed Regarding reservation dates / area of ​​operation after this form HAS BEEN Corbet, the coastal state Authorities must be notified guest Immediately.

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