Subject: Regulations for the Conduct of Marine Scientific
Research in Archipelagic Waters, Territorial Sea, Exclusive Economic
Zone and on the Continental Shelf of Trinidad and Tobago.
Released by the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, July 30, 1990.
Enclosed is a copy of Appendix III under part 32(b) of Trinidad and Tobago Act No. 24, Archipelagic Waters and Exclusive Economic Zone Act, August 18, 1986. It provides requirements for foreign requests for conducting marine scientific research involving areas of their archipelagic waters, territorial sea, exclusive economic zone and continental shelf. The requirements are very similar to those of other coastal states and comply with the various articles of the UN Law of the Sea Convention. The stated lead-time requirement is six months. Therefore, it is requested that clearance requests be submitted to the Department of State at least seven months prior to the start of research, and in compliance with the "UNOLS Handbook for International Operations of U.S. Scientific Research Vessels," Appendix D (Foreign Clearance Request Forms).
PROPOSALS FOR THE MAKING OF REGULATIONS FOR THE CONDUCT OF MARINE SCIENTIFIC RESEARCH BY FOREIGN STATES AND COMPETENT INTERNATIONAL ORGANISATIONS IN THE ARCHIPELAGIC WATERS, TERRITORIAL SEA, EXCLUSIVE ECONOMIC ZONE AND ON THE CONTINENTAL SHELF OF TRINIDAD AND TOBAGO
UNDER S. 32(b) IF THE ARCHIPELAGIC WATERS AND EXCLUSIVE ECONOMIC ZONE ACT, 1986
1. (i) The prior and express consent of the Government of Trinidad and Tobago is necessary for the conduct of any and all programmes of marine scientific research to be undertaken in the Archipelagic Waters and Territorial Sea of Trinidad and Tobago.
(ii) The consent of the Government of Trinidad and Tobago is necessary for the conduct of any and all programmes of marine scientific research to be undertaken in the Exclusive Economic Zone and the Continental Shelf of Trinidad and Tobago.
2. (i) Requests from Foreign States and competent International Organisations to conduct marine scientific research in the archipelagic waters, territorial sea, exclusive economic zone and on the continental shelf must be submitted to the Government of Trinidad and Tobago through the Ministry of External Affairs and International Trade, well in advance and at least six months prior to the expected date of commencement of the project.
(ii) Embodied in the request must be a full and as detailed as possible description of:
(a) the nature and objectives of the project with a complete schedule of activities;
(b) the method and means to be used - name, tonnage, type and class of vessels and description of all the scientific equipment carried on board as well as other equipment to be deployed;
(c) precise geographical areas including bearing of tracks to be traversed;
(d) expected date of arrival and the departure from the archipelagic waters, territorial sea, exclusive economic zone and continental shelf. Commencement and completion dates of research exercise. Dates of deployment of equipment and removal of equipment. The exact nature of the equipment to be used;
(e) the name of the Sponsoring Institution. The names of:
- The Director of the Sponsoring Institution
- The proposed scientific leaders
- The members of the scientific party
Particulars of any proposed entry into a port in Trinidad and Tobago.
(f) the extent to which it is considered that Trinidad and Tobago should be able to participate or to be represented in the project.
(iii) As soon as a decision to carry out a marine scientific research project in Trinidad and Tobago is made, the Government of Trinidad and Tobago shall be informed in a preliminary manner so as to ensure that it may, if it so desires, be associated from the preliminary stages with the planning of the project and arrange for early contact with interested Trinidad and Tobago scientists.
3. (i) The Government of Trinidad and Tobago need not give any reason for its refusal to permit marine scientific research in its archipelagic waters and territorial sea.
(ii) The Government of Trinidad and Tobago may, however, in its discretion withhold its consent to the conduct of a marine scientific research project of another State or of competent international organisations in the exclusive economic zone or on the continental shelf of Trinidad and Tobago if that project:
(a) is of direct significance for the exploration and exploitation of living and non-living natural resources;
(b) involves drilling into the continental shelf, the use of explosives or the introduction of harmful substances into the marine environment;
(c) involves the construction, operation or use of artificial islands, installations and structures;
(d) contains information regarding the nature and objectives of the project which is inaccurate;
(e) is made by a researching State or competent international Organisation which has outstanding obligations to Trinidad and Tobago from a prior research project;
(f) will result in activities that unjustifiably interfere with activities undertaken by Trinidad and Tobago in accordance with its sovereign rights and jurisdiction.
(iii) Notwithstanding the provisions of Regulation 3(ii) above, the Government of Trinidad and Tobago will not exercise its discretion to withhold consent under subparagraph (a) of that Regulation in respect of marine scientific research projects to be undertaken in accordance with these Regulations on the continental shelf, beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured, outside those specific areas which the Government of Trinidad and Tobago has at any time publicly designated as areas in which exploitation or detailed exploratory operations focused on those areas are occurring or will occur within a reasonable period of time.
(iv) Reasonable notice of the designation of the areas referred to in Regulation 3(iii) as well as any modifications thereto shall be given.
4. The Government of Trinidad and Tobago has the right, if it so desires, to participate or be represented in any marine scientific research project being undertaken in its archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf, especially on board research vessels and other craft or scientific research installations, when practicable, without requiring payment of any remuneration to Trinidad and Tobago scientists, without obligation to contribute towards the costs of the project and without any charge for the messing and accommodation of its personnel.
5. (i) States and competent international organisations undertaking marine scientific research in the Territorial Sea, archipelagic waters, the exclusive economic zone or on the continental shelf of Trinidad and Tobago shall comply with the following conditions:
(a) provide Trinidad and Tobago, at its request, with preliminary reports, as soon as practicable, and with the final results and conclusions after completion of the research, and not less than six months prior to the date of submission for publication;
(b) ensure, subject to Regulation 5(ii), that the research results are made internationally available through appropriate national or international channels, as soon as practicable;
(c) ensure that the reports and research results referred to in paragraphs (a) and (b) above are made available in English.
(ii) This Regulation is without prejudice to the conditions established by the laws and regulations of Trinidad and Tobago for the exercise of its discretion to grant or withhold consent pursuant to Regulation 3(ii), including requiring prior agreement for making internationally available the research results of a project of direct significance for the exploration and exploitation of natural resources.
6. (i) The Government of Trinidad and Tobago shall have access, at its request, to all data and samples derived from the marine scientific research project and likewise to have furnished to it, data which may be copied and samples which may be divided without detriment to their scientific value.
(ii) Where samples are to be taken out of the jurisdiction of the Republic of Trinidad and Tobago, and division of such samples cannot be carried out without detriment to the scientific value, special arrangements shall be made regarding their custody as well as access thereto by Trinidad and Tobago scientists.
7. The Government of Trinidad and Tobago shall be provided, at its request, with an assessment of data, samples and research results, or with assistance in their assessment or interpretation.
8. (i) The Government of Trinidad and Tobago shall have the right to require the suspension of any marine scientific research activities in progress within its archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf if:
(a) the research activities are not being conducted in accordance with the information communicated as provided under Regulations 2(ii) upon which the consent of Trinidad and Tobago was based; or
(b) the Foreign State or competent international organisation conducting the research activities fails to comply with the provisions of Regulations 4, 5, 6, 7 and 9 concerning the rights of Trinidad and Tobago with respect to the marine scientific research project.
(ii) The Government of Trinidad and Tobago shall have the right to require the cessation of any marine scientific research activities in case of any non-compliance with the provisions of Regulation 2(ii) which amounts to a major change in the research project or the research activities.
(iii) The Government of Trinidad and Tobago may also require cessation of marine scientific research activities if any of the situations contemplated in Regulation 8(i) are not rectified within a reasonable period of time.
(iv) Following notification by the Government of Trinidad and Tobago of its decision to order suspension or cessation, Foreign States or competent international organisations authorized to conduct marine scientific research activities shall terminate the research activities that are the subject of such a notification.
(v) An order of suspension under Regulation 8(i) shall be lifted by the Government of Trinidad and Tobago and the marine scientific research activities allowed to continue once the Foreign State or competent international Organisation has complied with the conditions required under Regulations 2(ii) and 4, 5, 6, 7 and 9.
9. The Foreign State or competent international organisation shall, unless otherwise agreed, remove to the satisfaction of the Government of Trinidad and Tobago the scientific research installations or equipment once the research is completed.
10. The Foreign State or competent international organisation shall observe all relevant national legislation and regulations of Trinidad and Tobago and shall comply with all national and internationally accepted requirements and standards relating to safety at sea.
11. (i) The Foreign State or competent international organisation shall be liable for any and all damages done to the environment or the resources thereof, and for any loss of life or property resulting from their research operations undertaken by them or on their behalf in the archipelagic waters, territorial sea, exclusive economic zone or on the continental shelf of Trinidad and Tobago.
(ii) The Foreign State or competent international organisation shall take all necessary steps to ensure non-interference with established shipping routes, the exploration and exploitation of the natural resources, related economic activities, and other legitimate uses of the sea in the maritime zones referred to in subparagraph (i).
12. The Government of Trinidad and Tobago has the right to board and inspect the research vessel(s)/equipment prior to commencement of the project and at anytime during the research period while such vessel(s)/equipment is/are in the archipelagic waters, territorial sea, the exclusive economic zone or on the continental shelf of Trinidad and Tobago.
13. All research activity shall be discontinued in any area in which national security may be involved.
14. Any deviation from the approved tracks must be immediately communicated to the Trinidad and Tobago Government, along with reasons for those deviations.
15. The deployment and use of any type of scientific research installations or equipment in the archipelagic waters, territorial sea, exclusive economic zone or on the continental shelf of Trinidad and Tobago shall be subject to the same conditions as are prescribed in these Regulations for the conduct of marine scientific research in any such maritime zone.
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