Turning the tide against deep-sea mining

By wildgirl -
Dr Diva Amon, marine biologist, researches the habitats and animals of the deep ocean, and how human activities impact them. She has participated in expeditions around the world and is a consultant on ocean policy. She is a founding member and director of the TT NGO SpeSeas and a scientific advisor at the Benioff Ocean Science Laboratory at University of California, Santa Barbara. This is the second part of the two-part feature, adapted from an article published on the World Economic Forum’s The Agenda on July 21 2022 .All photos courtesy NOAA Office of Ocean Exploration and Research


While the contentious climate talks in Egypt (COP 27, November 2022) captured headlines, another international meeting took place under the radar in Jamaica. The climate COP attracted 35,000 attendees; the meeting of the international body that regulates and controls mining activities in the high seas drew fewer than 500 delegates. Nonetheless, the outcomes of both meetings have the potential to profoundly impact our planet's future.


As a deep-sea expert, I’ve attended the annual sessions of the International Seabed Authority (ISA) since 2017, where negotiations among the 168 member nations are underway to develop regulations that would open up — for the first time — the fragile deep ocean in areas beyond national jurisdiction, to extraction. Research shows that decisions made at these meetings could impact ocean health for decades or more. With 31 exploration contracts already granted to companies, the momentum has been on the side of industry seeking to use heavy machinery to harvest minerals on the ocean floor.


Deep-sea Sea Toad (Chaunax species) Photo courtesy NOAA Office of Ocean Exploration and Research

The battle is set to continue at several meetings this year, with the first starting in Kingston, Jamaica, in just a few weeks. On one side of this contentious clash are those who are rushing to begin exploitation; on the other side are those raising concerns about the potential severe or irreversible impacts, the lasck of science to guide decision-making, the unresolved equity issues, and wishing to take more time to understand the risks.

Where does Trinidad and Tobago sit in all this? Well, we are one of the 36 countries sitting on the ISA Council, which means we have decision-making powers. Further, we sit west of several contract areas that have been granted on the Mid-Atlantic Ridge, which could mean we may suffer from trans-boundary impacts if mining ever goes ahead. Despite this, we do not yet have a national position on whether deep-sea mining should or should not go ahead and when.

Ahead of the upcoming kickoff of the 28th Annual Session of the ISA Council (March 18-31, 2023), here are the key takeaways from the last meeting in November 2022.


Deep-sea Corals Photo courtesy NOAA Office of Exploration and Research


Escalating country-level opposition to a rushed deep-sea mining timeline

The recent session saw more countries pushing back on the possibility of deep-sea mining starting this year. Germany, Panama, and Ecuador joined Spain, Costa Rica, New Zealand, Chile, Fiji, Federated States of Micronesia, Palau, and Samoa in championing a moratorium on deep-sea mining.

While speaking at COP27 in Egypt, French President Emmanuel Macron went one step further, calling for an outright ban on deep-sea mining. The Netherlands, Portugal, Switzerland, all 27 countries within the Group of Latin America and the Caribbean, and other Council members emphasized that they would not approve ocean mining without sufficient scientific research and robust regulations to protect unique deep-sea ecosystems, regardless of the looming July deadline.

Delayed deep-sea mining regulations

Those seeking to rush through regulations faced a setback at the ISA meeting. The development of the complex regulations to govern deep-sea mining continued at a glacial pace. Consensus is now building that, given the complexity, they will not be finished by July 2023 and that the body is likely to push back the deadline for regulations.

Calls for greater ISA transparency

ISA members raised serious concerns over the organization’s transparency, with many countries questioning its ability to act as an effective regulator. The expert body within the ISA, the Legal and Technical Commission (LTC), has long met behind closed doors to discuss crucial issues related to deep-sea mining, side-stepping the wider Assembly and observer organizations. Several countries demanded that the LTC move to open meetings, name contractors who are not compliant, and make public all Environmental Impact Statements. There was also support given to the formation of a Compliance Committee, to which inspectors would report infringements by mining contractors. Without these transparency measures, the environment will likely suffer, and the ISA would face reputational loss

The environment central to negotiations

The environmental impacts of deep-sea mining took center stage at the meeting. Countries were more engaged, and the ISA Council agreed that binding standards on environmental thresholds of harm were necessary, with a drafting process to be put in place involving independent scientists. There was also further critical acknowledgment from countries that we simply do not know enough about the deep sea to manage mining effectively.


Will 2023 be the year the world says no to deep-sea mining?

These are steps in the right direction, but the March and July 2023 ISA meetings will be even more critical given the growing pressure from industry, the amount of work still to be done, and the risks to the planet from rushing forward in the absence of checks and balances. Eyes will be on the 36 countries of the ISA Council, including Trinidad and Tobago. Will they be pressured by commercial interests to award a world-first exploitation contract in the absence of a full regulatory regime? This year, we need as many countries as possible, including Trinidad and Tobago, to express their doubts about deep-sea mining, scientists to share research-backed concerns, and businesses to pledge not to use deep-sea minerals. Together, we can turn the tide against deep-sea mining.


Deep-sea coral community Photo courtesy NOAA Office of Ocean Exploration and Research


References

Amon, Diva J., et al. "Assessment of scientific gaps related to the effective environmental management of deep-seabed mining." Marine Policy 138 (2022): 105006.



Jaeckel, A. (2020). Benefitting from the Common Heritage of Humankind: From Expectation to Reality, The International Journal of Marine and Coastal Law, 35(4), 660-681. doi: https://doi.org/10.1163/15718085-BJA10032



Levin, L.A., Amon, D.J. & Lily, H. Challenges to the sustainability of deep-seabed mining. Nat Sustain 3, 784–794 (2020). https://doi.org/10.1038/s41893-020-0558-x



All photos courtesy NOAA Office of Ocean Exploration and Research




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