Experts see no way back for NZ firm blocked from trying to mine the seabed

Experts see no way back for NZ firm blocked from trying to mine the seabed

This story first appeared in Mongabay.

By  Elizabeth Claire Alberts

  • The New Zealand Supreme Court recently blocked consent for a seabed mining operation that would annually extract 50 million tons of iron ore from the seabed off the coast of South Taranaki.
  • Environmentalists see this decision as a clear victory, but the mining company has stated its intention to reapply for mining permission.
  • But experts say it’s unlikely the company, Trans-Tasman Resources Limited (TTR), will be able to regain consent due to fundamental issues with its application, such as the distinct lack of baseline studies on resident marine life and the potential impacts of mining.
  • Conservationists say seabed mining in this part of New Zealand would cause irreversible damage to the ecosystem and threaten many rare and endangered species.

Conservationists have expressed hope that a New Zealand company whose bid to mine the seabed was blocked by the country’s highest court last month has little chance of winning approval.

The Supreme Court of New Zealand ruled unanimously on Sept. 30 to block consent for the mining operation that would extract millions of tons of iron ore from the seabed off the coast of South Taranaki on the nation’s North Island. Experts say that the decision was primarily based on the finding that mining company Trans-Tasman Resources Limited (TTR) could not illustrate that its activities would not cause “material harm” to the environment.

While TTR seems confident that it will be able to reapply for mining consent, conservationists who have spent years campaigning against seabed mining in New Zealand say the company will not find an easy path due to fundamental issues in its application. For instance, they point out that TTR’s most recent application lacked studies about resident marine life and the impacts of mining on species and the overall ecosystem.

“The company hadn’t done its homework,” Cindy Baxter, chair of Kiwis Against Seabed Mining (KASM), one group that opposed the mining application, told Mongabay in an interview. “It didn’t even have baseline data for where it wanted to mine, so no one can even measure what the [impacts] would be if it went ahead.”

Duncan Currie, an international environmental lawyer who acted as counsel to KASM and Greenpeace Aotearoa, said it would be “extremely difficult” for TTR to get its application reapproved due to this lack of baseline data. He added that researching to obtain this data would be like “throwing the money away” since it would still be unlikely for TTR to prove that mining would not cause material harm to marine life.

South Taranaki coast near Patea, New Zealand. Image by Phillip Capper / Flickr.

TTR’s application proposed to extract 50 million tons of iron-rich sand from a 66 -square -kilometer (23-square-mile) area of the seabed each year over a period of 35 years. But it would take just take 5 million tons of iron-ore each year and dump the remaining 45 million tons of sand back into the ocean.

Conservationists say the mining would have caused irreversible damage to the environment by smothering sensitive rocky coral reef systems with sediment plumes. Mining residue and noise pollution could also threaten the survival of many species, including New Zealand’s little blue penguins (Eudyptula minor) and critically endangered Māui dolphin (Cephalorhynchus hectori maui), experts say. The region has also recently been recognized as a foraging ground for a newly identified population of pygmy blue whales (Balaenoptera musculus brevicauda).

In the lead-up to the Supreme Court decision, there were weeks of hearings and submissions by conservation groups such as KASM and Greenpeace Aotearoa, iwi (Maori tribes), independent scientists and even the fishing industry.

“I’ve campaigned on bottom trawling, and there we were hand in hand with the fishing industry,” Baxter said. “But the fishing industry can see the potential impact to their business … and I think we won really in the process because our environmental arguments were so strong.”

In 2017, New Zealand’s Environmental Protection Agency granted TTR consent on its application to mine the seabed off the coast of South Taranaki. But in 2018, New Zealand’s high court reversed the EPA’s decision. TTR then made an appeal to New Zealand’s court of appeals, but the company was not successful.

“What was interesting there is that the [decision-making] committee specifically said in the recommendation [for the first application] that the applicant should go back and do some of these studies because basically, they hadn’t done [them],” Duncan said. TTR’s latest application still lacked these baseline studies, but did include “new plume modeling,” according to Duncan.

The new plume modeling suggested that the sediment would not cause as much harm to the marine environment as previously thought. Yet Phil McCabe, the Pacific liaison for the Deep Sea Conservation Coalition, told Mongabay that the modeling was “questionable.”

TTR did not respond to Mongabay’s request for comment. But in a statement published shortly after the Supreme Court’s decision, Alan J. Eggers, executive chairman of TTR, said the company was “satisfied” with the court’s decision since it would have the opportunity to reapply.

If TTR does resubmit an application for mining, Baxter said, it will face the same opposition from environmental groups, scientists, iwi and the fishing industry.

“We’re not going to go away,” she said. “We’re not going to suddenly give up and not bother to oppose any application. We’re going to be there every single step of the way.”

McCabe said a way to ensure that deep-sea mining will not occur in the future is for New Zealand to enact a total ban on the activity.

“The world views us as a country that has a pretty strong moral compass for the environment,” McCabe said. “So I think it’s appropriate for us to stand in place of caution on this issue.

Only a few other nations have pursued plans to allow seabed mining within their territorial waters, although none of these ventures have been allowed to proceed due to environmental concerns. For instance, in 2018, the Mexican government rejected a permit for Exploraciones Oceanicas, a subsidiary of U.S.-based Odyssey Marine Exploration, to start mining for phosphate in the seabed of Mexico’s exclusive economic zone, due to the damage it could cause to habitat for loggerhead turtles, gray whales and humpback whales, as well as local fishing grounds. And in Namibia, the high court recently found the company Namibian Marine Phosphate in breach of its license when it conducted trial mining, which put a halt to its activities.

In 2019, the now-defunct company Nautilus received the first ever license to begin seabed mining in Papua New Guinea (PNG) and started exploratory drilling near a network of hydrothermal vents. But before Nautilus could start extracting any minerals, the company went bankrupt, leaving the PNG government with millions of dollars of debt and the local marine environment severely damaged. David Heydon, the former CEO of Nautilus, went on to found Canada-based company DeepGreen, which recently became The Metals Company when it merged with NASDAQ-listed Sustainable Opportunities Acquisition Corporation.

While seabed mining in nations’ territorial waters faces delays, there is a move to start mining in international waters within the next two years. The Pacific island nation of Nauru, which sponsors the Nauru Ocean Resources Inc. (NORI), a subsidiary of The Metals Company, recently triggered a “two-year rule” that would require the International Seabed Authority (ISA), the U.N.-mandated body overseeing seabed mining in international waters, to allow mining to commence with whatever rules and regulations are in place by then.

There is considerable opposition to deep-sea mining in international waters from scientists, conservationists, governments and civil society. At last month’s congress of global conservation authority the IUCN in Marseille, France, delegates voted overwhelmingly in support of a motion that called for a moratorium on deep-sea mining and the reform of the ISA. Government agencies from 37 states voted in favor of the motion, including Germany, a sponsoring state for a deep-sea mining company.

“There’s a number of things that are stacking up in favor of a moratorium,” McCabe said. “And this New Zealand case is another solid, concrete example of this activity being shown to be too destructive.”

Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.

What It’s Like to Watch a Harpooned Whale Die Right Before Your Eyes

What It’s Like to Watch a Harpooned Whale Die Right Before Your Eyes

Author Paul Watson has no problem with critics calling him and his marine-life-defending colleagues pirates—it’s far better than helplessly standing by and doing nothing in the face of the violence against animals they have witnessed.

This excerpt is from Death of a Whale, by Captain Paul Watson (GroundSwell Books, 2021). This web adaptation was produced by GroundSwell Books in partnership with Earth | Food | Life, a project of the Independent Media Institute.

By Paul Watson

In 1975, Robert Hunter and I were the first people to physically block a harpooner’s line of fire when we intercepted a Soviet whaling fleet and placed our bodies between the killers and eight fleeing, frightened sperm whales. We were in a small inflatable boat, speeding before the plunging steel prow of a Russian kill boat. As the whales fled for their lives before us, we could smell the fear in their misty exhalations. We thought we could make a difference with our Gandhi-inspired seagoing stand. Surely these men behind the harpoons would not risk killing a human being to satisfy their lust for whale oil and meat. We were wrong.

The whalers demonstrated their contempt for our nonviolent protests by firing an explosive harpoon over our heads. The harpoon line slashed into the water and we narrowly escaped death. One of the whales was not so lucky. With a dull thud followed by a muffled explosion, the entrails of a female whale were torn and ripped apart by hot steel shrapnel.

The large bull sperm whale in the midst of the pod abruptly rose and dove. Experts had told us that a bull whale in this situation would attack us. We were a smaller target than the whaling ship. Anxiously, we held our breath in anticipation of sixty tons of irate muscle and blood torpedoing from the depths below our frail craft.

The ocean erupted behind us. We turned toward the Soviet ship to see a living juggernaut hurl itself at the Russian bow. The harpooner was ready. He pulled the trigger and sent a second explosive missile into the massive head of the whale. A pitiful scream rang in my ears, a fountain of blood geysered into the air, and the deep blue of the ocean was rapidly befouled with dark red blood. The whale thrashed and convulsed violently.

Mortally wounded and crazed with pain, the whale rolled, and one great eye made contact with mine. The whale dove, and a trail of bloody bubbles moved laboriously toward us. Slowly, very slowly, a gargantuan head emerged from the water, and the whale rose at an angle over and above our tiny craft. Blood and brine cascaded from the gaping head wound and fell upon us in torrents.

We were helpless. We knew that we would be crushed within seconds as the whale fell upon us. There was little time for fear, only awe. We could not move.

The whale did not fall upon us. He wavered and towered motionless above us. I looked up past the daggered six-inch teeth and into the eye the size of my fist, an eye that reflected back intelligence and spoke wordlessly of compassion and communicated to me the understanding that this was a being that could discriminate and understood what we had tried to do. The mammoth body slowly slid back into the sea.

The massive head of this majestic sperm whale slowly fell back into the sea. He rolled and the water parted, revealing a solitary eye. The gaze of the whale seized control of my soul, and I saw my own image reflected back at me. I was overcome with pity, not for the whale but for ourselves. Waves of shame crashed down upon me and I wept. Overwhelmed with horror at this revelation of the cruel blasphemy of my species, I realized then and there that my allegiance lay with this dying child of the sea and his kind. On that day, I left the comfortable realm of human self-importance to forever embrace the soulful satisfaction of lifelong service to the citizens of the sea.

The gentle giant died with my face seared upon his retina. I will never forget that. It is a memory that haunts and torments me and leaves me with only one course to chart toward redemption for the collective sins of humanity. It is both my burden and my joy to pledge my allegiance to the most intelligent and profoundly sensitive species of beings to have ever inhabited the Earth––the great whales.

Reykjavik, Iceland, November 1986

Despite the criticisms, the name-calling, and the controversy that have arisen from our work since 1975, one indisputable fact emerged from a raid made by my crew (which included Rod Coronado of the U.S. and David Howitt of the UK) on two whaling ships in Reykjavik in 1986 in order to enforce an international moratorium on commercial whaling that had been established that year: it was successful.

The two whaling ships were razed, although their electronics and mechanical systems had been totally destroyed. Insurance did not cover the losses because the owners had stated that terrorists sank the ships, and apparently they were not insured for terrorism.

Most importantly, from that day of November 8, 1986, to sixteen years later in the year 2002, the Icelanders did not take another whale. What talk, compromise, negotiations, meetings, letters, petitions, and protests had not accomplished, we achieved with a little monkey-wrenching activity in the wee hours of the morning.

Were we terrorists? No, not even criminals, for we were never charged with a crime, even though we made ourselves available for prosecution. We had simply done our duty, and we put an end to an unlawful activity.

The only repercussion was that Iceland moved before the International Whaling Commission (IWC) in 1987 that the Sea Shepherd Conservation Society be banned from holding observer status at the meetings of the IWC. After this passed, Iceland resigned from the IWC, leaving us with the distinction of being the only organization to enjoy the status of banishment from the IWC.

How ironic, I thought, to be the only organization banned from the IWC because we were the only organization to have ever enforced an IWC ruling.

It was not much of a punishment. I had never enjoyed listening to the delegates of the member nations barter whales like they were bushels of wheat or pork bellies. I also never had much use for the posturing of the nongovernmental organizations pretending that they were actually making a difference by attending this annual circus. All that we were interested in were the rulings of the IWC, and we fully intended to continue to enforce those rulings.

I have been asked many times why we consider the IWC rulings important. Why not just oppose all whaling everywhere? The answer is that we do oppose all whaling by everyone, everywhere. However, we only actively attack whaling operations that are in violation of international conservation law. The reason for this is simple: We do not presume to be the judges and jury. We simply execute the rulings of the IWC or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or any rulings from international conservation authorities, and we do so in accordance with the definition of intervention as defined by the 1982 United Nations World Charter for Nature, Part III (Implementation), Principle 21, Section (e): “States and, to the extent they are able, other public authorities, international organizations, individuals, groups and corporations shall… Safeguard and conserve nature in areas beyond national jurisdiction.”

As a seaman, I have a great and abiding respect for the traditions of the law of the sea. To attack without a vested authority would be piracy. Thus, the difference between a privateer like Sir Francis Drake and a pirate like Blackbeard was that the former was in possession of a letter of marque from a sovereign authority and the latter practiced the same trade solely upon his own authority.

I have never considered it my place to judge the illegal activities of others. However, I feel that when there are laws and international treaties that it is the responsibility of individuals and nongovernmental organizations to strive toward the implementation of these rulings, especially in light of the fact that there is no international body empowered to police these international laws. Nation-states intervene when it is advantageous for them to do so, but little enforcement is carried out in the interests of the common good of all citizens of the planet.

It is worth noting that it was not the British or Spanish navies that brought the piracy of the Caribbean under control in the 17th century. There were too many conflicts of interest, too much corruption, and too little motivation for any real action to have been taken. The bureaucracies in the British admiralty and the Spanish court did nothing because the very nature of a bureaucracy is the maintenance of the status quo. The achievement of first shutting down piracy on the Spanish Main is attributed to one man––a pirate himself.

Henry Morgan did what two nations chose not to do: he drove the pirates to ground and ended their reign of terror. As a result, the “pirate” was made governor of Jamaica, although history would show that the man was far more effective as a pirate than as a politician. In fact, he was more of a pirate as a politician than he was as an actual pirate.

When Andrew Jackson failed to get the support of the merchants of New Orleans to back his attack on the British, it was a pirate who came to his service in the personage of Jean Lafitte. When the United States successfully endeavored to cast off the yoke of British rule, it was a pirate who achieved the most dramatic and successful naval victory at sea. That person was captain John Paul Jones. Consequently, it is a pirate who was the founder of what is today the world’s most powerful navy.

Today, with the pirates of corrupt industry aided by corrupt politicians plundering our oceans for the last of the fish, killing the last of the whales, and polluting the waters, we find that there is very little real resistance to their activities upon the high seas. Once again it is time for some good pirates to rise up in opposition to the bad pirates, and I believe that the Sea Shepherd Conservation Society is just such an organization of good pirates.

When our critics call us pirates, I have no problem with that. In fact, we have taken their criticisms and in an aikido-like manner; we have incorporated their accusations into our image. Our ships are sometimes painted a monochromatic black. We have designed our own version of the pretty red [a flag which, when translated to French, becomes “joli rouge” and is rumored to have inspired the “jolly roger” phrase applied to pirate flags], and our black-and-white flag flies from our mast during campaigns. We even carry cannons, with the difference being that our guns fire cream pies and not red-hot balls.

As good pirates, we have evolved to suit the time and culture in which we live, and this being a media-defined culture, our primary weapons are the camera, the video, and the internet. Like modern-day Robin Hoods, we take from the greedy and give back to the sea. We don’t profit materially, but we profit tremendously both spiritually and psychologically.

Author Bio:

Captain Paul Watson is a Canadian-American marine conservation activist who founded the direct action group the Sea Shepherd Conservation Society in 1977 and was more recently featured in Animal Planet’s popular television series “Whale Wars” and the documentary about his life, “Watson.” Sea Shepherd’s mission is to protect all ocean-dwelling marine life. Watson has authored or co-authored more than a dozen books, including Death of a Whale (2021), Urgent! (2021), Orcapedia (2020), Dealing with Climate Change and Stress (2020), The Haunted Mariner (2019), and Captain Paul Watson: Interview with a Pirate (2013).

Whale Populations Still at a Fraction of Historic Levels

Whale Populations Still at a Fraction of Historic Levels

Derrick Jensen interviews activists each week. This week Derrick interviews Cayte Bosler.


Cayte is an investigative environmental journalist and a graduate student at Columbia University. She researches solutions for protecting biodiversity and has worked with land-based communities and wildlife defenders throughout Latin America. Her interest is in chronicling community-led resistance to exploitation and ecological abuse to inspire resistance elsewhere. Today we talk about whales.

[Whales] are some of the most elusive creatures on the planet. They spend  99% of their lives under water, far beyond any of our observational tools. Even with the sliver of what we do know, it’s so fascinating.

We’ve only barely begun to understand their rich languages and music. It wasn’t a common knowledge until 1970s that whales could sing. We heard them singing on these amazing recordings that were release then and were part of what inspired this very effort to save them.

We don’t even know their migration routes or where they go in the oceans. A few years ago, we discovered – I’ve trouble with the word discovered. It’s not like out there waiting for us to discover them. But, they were discovered to science, off the coast of Japan species species of beaked whales.

There are about 89 species of cetaceans known to science. Cetaceans include whales, dolphins and porpoises. They’re generally categorized into baleen whales and toothed whales.

Baleen whales are the massive gentle giants. The blue whales, which is one of the biggest creatures ever to exist on planet Earth. Some fun facts: Their heart is the size of a car. Their tongue alone weighs more than an elephant. It’s said that they can fill 2000 balloons with a single breath. (I hope no one actually goes out and tries to test this. That will be a lot of plastic pollution we don’t want.) Some other baleen whales are right whales, humpback whales, or some of the most studied ones, minke whales, grey whales.

Even to understand where their feeding grounds are, we’re using tools like GPS to locate them. That’s really important so we can avoid collisions with ships and some other threats.

They’re just so intriguing. They have some of the biggest brains. We’re starting to try to come up with all these experiments to interact with them, have conversations even. It’s really a shame because I studied lots of different animals and I fall so in love with them and what they are capable of, and at the same time, I’m learning how we’re losing them, and the richness they bring to the world and how that’s being ousted as well.


Browse Resistance Radio interviews here.

Shale Must Fall: Global Day Of Action Against Fracking

Shale Must Fall: Global Day Of Action Against Fracking

Shale Must Fall: Global day of climate actions uniting sites of extraction in the Global South and beyond with their counterparts of consumption in the Global North.

Friday Dec. 11th, on the eve of the 5th anniversary of the Paris Agreement, a diverse group of environmental movements from 20 different countries are mobilizing together to bring visibility to the environmental destruction of fracking.

The movement is mobilizing to highlight the damage caused by European multinationals that do abroad what they are banned from doing at home (in this case, fracking) with the complicity of their governments that subsidize the industry.

The day of action highlight how those government policies completely undermine the Paris Agreement, as Europe is simply “outsourcing” its emissions to the rest of the world.

The actions around the world are focusing on some of Europe’s largest climate criminals which are also shale oil companies—Repsol, Total, Wintershall, Shell, BP—by connecting the dots of their operations around the world.

It is outrageous that Europe is on one hand committing to emissions reductions and the Paris Agreement, yet on the other it is allowing and even subsidizing companies based in their country to frack the rest of the world, causing enormous harm to human health and to the natural world, and dooming future generations—including their own people—to climate chaos.

Local and grassroots movements from the frontlines of extractivism in the Global South are mobilizing against the operations of these multinationals from the Global North demanding climate justice and an end to this international ecocide.

Solidarity is Strength

Each of the environmental resistance struggles at the frontlines in the Global South is usually not strong enough, if isolated, to defeat a threat so disproportionately larger. But as our struggles begin to come together as we are doing today, we can present a united multinational resistance against a threat that is multinational in nature.

The Harms of Fracking

Science has shown fracking to be responsible for more than 50% of all of the increased methane emissions from fossil fuels globally and approximately 1/3 of the total increased emissions from all sources globally over the past decade. Methane is 87 times more harmful than CO2 in its global warming impact on the atmosphere during the first 20 years, and thus the fracking industry is a major cause for accelerating global warming.

This also makes shale gas the fossil fuel with highest greenhouse gas emissions among all fossil fuels.

After having banned or imposed moratoria on fracking in their home countries, European governments are not only allowing their companies to frack the rest of the world, but they are also subsidizing the import of fracked gas with billions of euros of taxpayers’ funds, by building LNG import terminals across the region that will lock the EU into decades of dependency into this fossil fuel.

They are selling the fossil fuel with the worst carbon footprint of all as a clean form of energy that will serve as a bridge to move away from coal. A transition away from coal with something worse than coal? This is insane and we have to stop it. Clean gas is a dirty lie!


 For more information on Shale Must Fall, check out their website, Facebook, Twitter, and Instagram.

The Highest Levels of Mercury Ever Found in Living Beings

The Highest Levels of Mercury Ever Found in Living Beings

This article written by Cypress Hansen describes the harm caused to large mammals due to pollutants and toxic chemicals entering our seas and oceans. Cypress suggests these beings offer a significant indicator of the health of earth’s waters.


By Cypress Hansen/Mongabay

  • Dozens of whales and dolphins that beached themselves on the U.S. Atlantic Coast contained high levels of pollutants and heavy metals in their blubber and liver tissues, a new study shows.
  • For the first time, scientists detected the widely used antibiotic Triclosan and the popular herbicide Atrazine in rare species that spend their lives hundreds of kilometers offshore.
  • While the findings suggest these toxins may contribute to the demise of marine mammals, more research is needed to determine direct cause and effect.

Marine mammals stranded on beaches in the southeastern United States died with high levels of pollutants stored in their organs and blubber, researchers reported recently in Frontiers in Marine Science.

Marine mammals are like a litmus test for the ecosystem,

said lead author Annie Page-Karjian, clinical veterinarian at Harbor Branch Oceanographic Institute, Florida Atlantic University. “Looking at them and the toxins they’re exposed to gives us a snapshot of what is happening in the marine environment.”

Thousands of chemicals from households, farms and factories quietly enter the ocean every day. Some readily absorb onto bits of another common pollutant: plastic. When mistaken for food by small animals like plankton and anchovies, plastic enters the food chain—along with the chemicals it soaked up.

While the amount of toxins eaten by one anchovy is minuscule, most marine mammals are apex predators, eating hundreds of fish, squid or krill each day. Through a process called bioaccumulation, small amounts of ingested toxins concentrate in carnivores over time, compromising their immune systems and bodily functions.

The researchers collected autopsy data from 83 toothed whales and dolphins that washed up in Florida and North Carolina between 2012 and 2018. They examined 46 bottlenose dolphins (Tursiops truncatus), 21 pygmy sperm whales (Kogia breviceps), and small numbers of animals from nine other species.

The team screened liver and blubber samples for heavy metals like mercury, lead and arsenic. They also checked for Triclosan, an antibiotic used in dozens of household products; Atrazine, an herbicide used on corn and sugarcane fields; and a handful of plasticizing chemicals such as BPA and NPE, found in countless products from food containers to clothing.

“We found some of the highest mercury concentrations that have ever been reported in any living thing anywhere, ever,”

Page-Karjian told Mongabay. Two bottlenose dolphins found stranded in Waves, North Carolina, and North Palm Beach, Florida, had more than 1,400 micrograms of mercury per gram of tissue (1,400 parts per million) in their livers. Just 10 parts per million of mercury can cause neurological damage in human fetuses.

Besides toxins in their tissues, every animal had a number of physical maladies including kidney deterioration, thyroid tumors and chronic liver disease. . .


This article was written by Cypress Hansen and published on 24 November 2020 in Mongabay. You can read the full, original article here:

https://news.mongabay.com/2020/11/are-industrial-chemicals-killing-rare-whales-and-familiar-dolphins/