Subject: New Requirements for Marine Research in Korean Waters.
Released by the Department of State, Bureau of Oceans and International Environmental
and Scientific Affairs, March 1999.
OES/OA has been advised by our Embassy in Seoul that they have received the new requirements for research vessels operating in Korean waters. Following this summary, please find a translation of the "Enforcement Decree for Marine Scientific Research Act", which includes a request for clearance form and a categorization of research data. Korea's lead time requirement is six months. Therefore, it is required that all clearance requests for the Korea be submitted to the Department of State at least seven months prior to the proposed start of research, and in compliance with the "UNOLS Handbook for International Operations of U.S. Research Vessels." ----------------------------------------------------------- ENFORCEMENT DECREES FOR MARINE SCIENTIFIC RESEARCH ACT 8.8 Presidential Decree No. 15135 (Ministry of Marine Affairs and Fisheries and its subdivisions) Revised: 1996.8.8 Chapter 1. General Article 1. (Purpose) The Decree is to assign the mandates and action items of the Marine Scientific Research Act (hereinafter "Act"). Chapter 2. Marine Scientific Research by Foreigner Article 2. (Permission procedure for a scientific research in the territorial sea and etc.) (1) "The items determined by the Presidential Decree" in the Act article 6, paragraph 2 are show in the attached List 1. (2) A foreign citizen or legal person founded by foreign laws who wants to obtain a persmission for the Marine Scientific Research (hereinafter "Permission") according to the Act article 6, paragraphs 1 and 2 should submit the Permission application and a research proposal via the government of applicant's nationality. (3) The minister of the Ministry of Marine Affairs and Fisheries, once received the Permission application, should distribute the Permission application and the research proposal to the Ministers of the following: -- the Ministry of Foreign Affairs and Trade -- the Government Legislation Agency -- the Ministry of National Defense -- the Ministry of Education -- the Ministry of Agriculture and Forestry -- the Ministry of Commerce, Industry and Energy -- the Ministry of Information and Communications -- the Ministry of Environment -- the Ministry of Construction and Transportation, and to: -- the National Police Agency Commissioner General -- the Meteorological Administration Direct General -- the Director General of the Office of Cultural Properties -- the Director General of the National Oceanographic Research Institute -- the Directors General of other concerned central government agencies, and should consult with them about Permission. (4) The Minister of the Ministry of Marine Affairs and Fisheries, when he would authorize the Permission according to the Act article 6, paragraph 3, should provide the applicant with the application form which includes the following items, 1. Operating Institution or Agency, and Principle Scientist(s) 2. Ship name. 3. Geographical Areas 4. Cruise Date 5. Conditions or Obligations according to the Act article 9 6. Authorizing Agency Name and Phone Number and should notify the authorization to the concerned central government agencies' Directors General according to the paragraph 3. Article 3 (Consent procedure for the Marine research in the Jurisdictional sea area beyond the territorial sea) Paragraph (1) Act article 7, paragraph 2....missing --------- List 1: Marine Research Clearance Application for Korea (as referenced in article 2, paragraph 1) 1. General Items 1-1. Research proposal submitting officer a) Name b) Institution/Agency c) Title d) Address e) Telephone/Fax/Telex 1-2. Participating Institution a) Name b) Name of Director c) Address d) Telephone/Fax/Telex e) Description of the Institution 1-3. Scientist in charge of the project a) Name b) Institution/Agency c) Title d) Address e) Telephone/Fax/Telex f) Nationality g) Place of Birth h) Date of Birth i) Passport No. 1-4. Sponsoring Institution a) Name b) Name of Director c) Address d) Description of the Sponsoring 1-5. Participation of the 3rd nation a) Name of Country b) Purpose of Participation c) Description of the Participation 1-6. Scientist(s) from Korea involved in planning of the project a) Name b) Institution/Agency c) Title d) Address e) Telephone/Fax/Telex 1-7. Agent from Korea a) Name b) Office Address and Telephone c) Name of Representative and Telephone 2. Research project 2-1. Project Title 2-2. Objective of the project 2-3. Nature of the project 2-4. Data to be collected 2-5. Project period 2-6. Access to data and research results and plan for their application 2-7. Relevant previous or future research cruise 2-8. Previously published research data relating to the project 3. Methods and means to be used 3-1 Particulars of vessel a) Name b) Nationality c) Owner d) Operator e) Gross tonnage f) Net tonnage g) Propulsion h) Cruising speed i) Maximum speed' j) Overall length k) Maximum draught l) Call sign m) International frequency n) Telephone o) Fax 3-2. Captain and crew a) Name b) Nationality c) Place of birth d) Date of birth e) Duties f) Seaman's Pocket Ledger No. 3-3. Cruise participating scientists and others a) Name b) Nationality c) Place of birth d) Date of birth e) Institution/Agency, Title and Duties f) Task during the cruise g) Passport no. 3-4. Scientific equipment a) Name b) Installation position c) Use d) Method 3.5. Insurance and liability of the vessel 3-6. Aircraft, submersible or small boat a) Name b) Number of passengers c) Cruising speed d) Maximum speed e) Cruising range f) Diving depth 3-7. Types of data, samples and instruments to be used and the methods to be used 3-8. Explosives a) Type and brand name b) Chemical composition c) Volume and weight d) Explosive power 3-9. Harmful substances a) Type b) Chemical composition c) Volume and weight d) Purpose of use and location 3-10. Drilling a) Equipment b) Purpose and location c) Period 4. Installations and Equipment 4-1. Installation a) Name b) Exact locations and depth c) Date of laying d) Date of servicing e) Date of recovery f) Methods 4-2. Equipment a) Name b) Exact locations and depth c) Date of laying d) Date of servicing e) Methods 5. Geographical Areas a) Geographical areas in which the project is to be conducted (with reference to latitude and longitude) b) Geographic positions of intended stations, locations of installations and equipment, tracks of survey lines, and cruise schedule c) Methods to be used per stations, and installations and equipment d) Cruise safety measure e) Measure for marine environmental protection 6. Port Calls and Dates a) Dates and names of intended first ports of call prior to the entry to the research area b) Dates and names of intended first ports of call after departure from the research area c) Dates and names of intended ports of call in Korea d) Dates of intended first entry and final departure from the jurisdictional sea area of Korea 7. Access to data, sample and research result a) Expected date of submission of preliminary reports b) Expected date of submission of final reports c) Expected date and means for access to the preliminary data and research results d) Access to the samples d1) Expected date d2) Proposed means of access d3) Use d4) Provide assistance and interpretation of data, samples and research results e) Proposed means of making research results internationally available 8. Participation of Korea a) Number of boarding b) Locations and dates of embarkation/disembarkation --------- List 2: Category of Research Data 1. Physical Oceanography: Temperature, Salinity, Current, Tidal Current, Tide, Wave, Sea Level Change, Seawater Optics, and Acoustics 2. Chemical Oceanography: pH, dissolved oxygen, Biological Oxygen Demand, Chemical Oxygen Demand, nutrients, suspended particulate matters, trace metals and inorganic substances, radioactive nuclides, organic compounds, petroleum and derivative chemical compounds, organic chlorine compounds, dissolved gasses hexane extracts, other toxic substances and pollutants 3. Biological Oceanography: primary productivity, chlorophyll and pigments, marine microbes, plankton, benthic organisms, adhesion organisms, eggs and juvenile fish, nektones, algaes, marine reptiles, marine mammals 4. Geological Oceanography and Geophysics: sounding depth, submarine topography, terrestrial magnetism and paleomagnetism, gravity, quake and elastic wave, seafloor image, sedimentation, drilling samples and surface sediments (paleo-organisms, geochemistry, minerals and age dating data), suspended sediments, coastline 5. Meteorological Oceanography: air temperature, barometric pressure, wind speed, wind direction, precipitation, insolation, cloud, visibility, humidity, atmospheric components 6. Other items that the Minister of the Ministry of Marine Affairs and Fisheries decides according to the needs of marine scientific research [end of document]
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