Marine scientific research includes the traditional disciplines of academic oceanography and fisheries science and generally culminates in the open publication of results. Other activities such as resource exploration, hydrographic surveys for the production of nautical charts, and military operations not for scientific purposes are subject to a different international legal regime than that which applies to marine science. The use of equipment aboard a research vessel which is incidental to the vessel's navigation (an echo sounder, for example) is not considered to be marine scientific research. It is the nature of the activity, and not necessarily the platform on which that activity is conducted, that determines whether marine scientific research is being undertaken.
Although a precise definition of "marine scientific research" is not established in international law, it can safely be assumed that this concept includes the traditional subdivisions of physical oceanography, chemical oceanography, marine biology, and marine geology and geophysics, irrespective of whether the research is basic or applied. Other activities such as resource exploration, hydrographic surveys, and military operations are not included within this definition and are governed by a different legal regime. If the intent of the activity is to produce scientific results for publication in an academic journal or other means of open dissemination for scientific purposes it can generally be assumed that the marine science regime applies.
Many oceanographic institutions have ongoing programs for acquisition of data while their research ships are under way. This has included, but is not limited to, the use of gravimeters, magnetometers, and precision depth recorders. As a general rule, such activities properly considered to be marine scientific research require coastal state consent landward of the outermost boundary of the exclusive economic zone. In the view of the Department of State, activities undertaken for the purpose of facilitating hydrographic surveys where information is made freely available to mariners of all nations can be conducted without coastal state consent beyond the territorial sea. However, certain nations may not share this interpretation of international law and the Department of State should be consulted prior to the conduct of such survey activities.
Marine scientific research can be conducted either from ships or from aircraft, but special procedures (particularly landing and overflight clearance) must often be followed in the case of aircraft in addition to those normally used for ships. Unlike ships, aircraft enjoy no right of innocent passage over the territorial sea except in the case of straits used for international navigation.