Editor’s note: As industrial civilization devours the natural resources of the Planet, it leaves destruction in its wake. Since this system always depletes the land rather than operating on sustainable yield, it necessitates imperialism of new lands. This piece examines a new frontier in the war being waged against the planet: deep sea mining.
A previous Climate & Capitalism article, Capitalism’s growing assault on the oceans, argued that the world is entering “a new phase in humanity’s relationship with the biosphere, where the ocean is not only crucial but is being fundamentally changed.” It cited research that described and graphed capital’s growing drive to industrialize the oceans and sea beds — a process that some scientists have dubbed the Blue Acceleration.
A paper published this week in the Proceedings of the National Academy of Sciences adds more urgency, showing that deep-ocean mining poses significant risks to the vast mid-water ecosystems that lie far above the sea bed sites where mining is planned. The following summary is based on materials provided by the University of Hawaiʻi.
Interest in deep-sea mining for copper, cobalt, zinc, manganese and other valuable metals has grown substantially in the last decade and mining activities are anticipated to begin soon. Deep-sea mining poses significant risks, not only to the area immediately surrounding mining operations but also to the water hundreds to thousands of feet above the seafloor, threatening vast midwater ecosystems.
Currently 30 exploration licenses cover about 580,000 square miles of the seafloor on the high seas and some countries are exploring exploitation in their own water as well. Thus far, most research assessing the impacts of mining and environmental baseline survey work has focused on the seafloor.
However, large amounts of mud and dissolved chemicals are released during mining and large equipment produces extraordinary noise—all of which travel high and wide. Unfortunately, there has been almost no study of the potential effects of mining beyond the habitat immediately adjacent to extraction activities.
“This is a call to all stakeholders and managers,” said oceanography professor Jeffrey Drazen, lead author of the article. “Mining is poised to move forward yet we lack scientific evidence to understand and manage the impacts on deep pelagic ecosystems, which constitute most of the biosphere. More research is needed very quickly.”
The deep mid-waters of the world’s ocean represent more than 90 percent of the biosphere, contain 100 times more fish than the annual global catch, connect surface and seafloor ecosystems, and play key roles in climate regulation and nutrient cycles. These ecosystem services, as well as untold biodiversity, could be negatively affected by mining. The paper provides a first look at potential threats to this system.
“Hawai” is situated in the middle of some of the most likely locations for deep-sea mining,” said Drazen. “The current study shows that mining and its environmental impacts may not be confined to the seafloor thousands of feet below the surface but could threaten the waters above the seafloor, too. Harm to midwater ecosystems could affect fisheries, release metals into food webs that could then enter our seafood supply, alter carbon sequestration to the deep ocean, and reduce biodiversity which is key to the healthy function of our surrounding oceans.”
By Olivia Rosane is a staff writer for Common Dreams from Dec 02, 2024
Environmental organizations cheered as Norway’s controversial plans to move forward with deep-sea mining in the vulnerable Arctic Ocean were iced on Sunday.
The pause was won in Norway’s parliament by the small Socialist Left (SV) Party in exchange for its support in passing the government’s 2025 budget.
“Today marks a monumental victory for the ocean, as the SV Party in Norway has successfully blocked the controversial plan to issue deep-sea mining licenses for the country’s extended continental shelf in the Arctic,” Steve Trent, CEO and founder of the Environmental Justice Foundation, said in a statement. “This decision is a testament to the power of principled, courageous political action, and it is a moment to celebrate for environmental advocates, ocean ecosystems, and future generations alike.”
Norway sparked outrage in January when its parliament voted to allow deep-sea mining exploration in a swath of its Arctic waters larger than the United Kingdom. Scientists have warned that mining the Arctic seabed could disturb unique hydrothermal vent ecosystems and even drive species to extinction before scientists have a chance to study them. It would also put additional pressure on all levels of Arctic Ocean life—from plankton to marine mammals—at a time when they are already feeling the impacts of rising temperatures and ocean acidification due to the burning of fossil fuels.
“The Arctic Ocean is one of the last pristine frontiers on Earth, and its fragile ecosystems are already under significant stress from the climate crisis,” Trent said. “The idea of subjecting these waters to the destructive, needless practice of deep-sea mining was a grave threat, not only to the marine life depending on them but to the global community as a whole.”
“Thankfully, this shortsighted and harmful plan has been halted, marking a clear victory in the ongoing fight to protect our planet’s blue beating heart,” Trent continued.
In June, Norway announced that it would grant the first exploratory mining licenses in early 2025. However, this has been put on hold by the agreement with the SV Party.
“This puts a stop to the plans to start deep-sea mining until the end of the government’s term,” party leader Kirsti Bergstø said, as The Guardian reported.
Norway next holds parliamentary elections in September 2025, so no licenses will be approved before then.
The move comes amid widespread opposition to deep-sea mining in Norway and beyond. A total of 32 countries and 911 marine scientistshave called for a global moratorium on the practice. More than 100 E.U. parliamentarians wrote a letter opposing Norway’s plans specifically, and the World Wide Fund for Nature (WWF) has sued to stop them.
“This is a major and important environmental victory!” WWF-Norway CEO Karoline Andaur said in a statement. “SV has stopped the process for deep seabed mining, giving Norway a unique opportunity to save its international ocean reputation and gain the necessary knowledge before we even consider mining the planet’s last untouched wilderness.”
Haldis Tjeldflaat Helle, the deep-sea mining campaigner at Greenpeace Nordic, called the decision “a huge win.”
“After hard work from activists, environmentalists, scientists, and fishermen, we have secured a historic win for ocean protection, as the opening process for deep-sea mining in Norway has been stopped,” Helle said in a statement. “The wave of protests against deep-sea mining is growing. We will not let this industry destroy the unique life in the deep sea, not in the Arctic nor anywhere else.”
However, Norway’s Arctic waters are not entirely safe yet.
Prime Minister Jonas Gahr Stoere, of the Labour Party, toldTV2, on Sunday, “This will be a postponement.”
The government said that other work to begin the process of deep-sea mining, such as drafting regulations and conducting environmental impact surveys, would move forward. Norway is currently governed by the Labour and Center parties. The two parties leading in polls for September’s elections—the Conservatives and Progress Party—also both back deep-sea mining, according toReuters.
“If a new government attempts to reopen the licensing round we will fight relentlessly against it,” Frode Pleym, who leads Greenpeace Norway, told Reuters.
Other environmental groups tempered their celebrations with calls for further action.
Trent of the Environmental Justice Foundation said that “while today is a cause for celebration, this victory must not be seen as the end of the struggle.”
“We urge Norway’s government, and all responsible global actors, to make this a lasting victory by enshrining protections for the Arctic Ocean and its ecosystems into law, and coming out in favor of a moratorium or ban on deep-sea mining,” Trent added. “It is only through a collective commitment to sustainability and long-term stewardship of our oceans that we can ensure the health of the marine environment for generations to come.”
Trent concluded: “Today, thanks to the SV Party and all those around the world who spoke up against this decision, the ocean has won. Now, let’s ensure this victory lasts.”
Andaur of WWF said that this was a “pivotal moment” for Norway to “demonstrate global leadership by prioritizing ocean health over destructive industry.”
As WWF called on Norway to abandon its mining plans, it also urged the nation to reconsider its exploitation of the ocean for oil and gas.
“Unfortunately, we have not seen similar efforts to curtail the Norwegian oil industry, which is still getting new licenses to operate in Norwegian waters, including very vulnerable parts of the Arctic,” Andaur said. “Norway needs to explore new ways to make money without extracting fossil fuels and destroying nature.”
Greenpeace also pointed to the role Norway’s pause could play in bolstering global opposition to deep-sea mining.
“Millions of people across the world are calling on governments to resist the dire threat of deep-sea mining to safeguard oceans worldwide,” Greenpeace International Stop Deep-Sea Mining campaigner Louisa Casson said. “This is a huge step forward to protect the Arctic, and now it is time for Norway to join over 30 nations calling for a moratorium and be a true ocean champion.”
Editor’s note: There is no way mining can be done in a “sustainable way and with acceptable consequences,” whether it is on land or in the sea. It is not a question of if we don’t, we will have to continue to use open pit mines and mountaintop removal. These forms of mining will continue regardless. Deep sea mining will only add to it. Norway likes to be perceived as a net-zero hero but the reality is that behind all of those electric cars and heat pumps, Norway is a major exporter of fossil fuels, and uses the income to pay for the new technologies. And now Norway wants to be a leader in deep-sea mining, too. This demonstrates that Norway is a country that cares little for the natural world if it means giving up its extractive economy for the conviences of a modern lifestyle. If mining is involved, there will be no green transition.
Norway’s parliament has voted to allow deep-sea mining to commence in the Norwegian Sea, a move that has garnered criticism from scientists and environmentalists: While the Norwegian government insists that it can conduct deep-sea mining in a sustainable way, critics say these activities will put marine ecosystems and biodiversity at risk.
The Skandinavian country will open a 281,000-square-kilometer (108,500-square-mile) area of the ocean for deep-sea mining, which mostly falls along its continental shelf.
This result was already anticipated in December 2023 after Norway’s minority government negotiated a deal with opposition parties to open up the ocean off Norway’s coast to deep-sea mining.
Companies will now bid for exploration licences
The government previously proposed opening a 329,000-square-kilometer (127,000-square-mile) portion of the Norwegian Sea to deep-sea mining. However, this was later reduced to 281,000 km2 (108,500 mi2), an area nearly the size of Italy. Most of this region falls across Norway’s extended continental shelf, which is technically in international waters, but over which Norway has jurisdiction. Another portion falls within the territorial waters of the Svalbard archipelago, which Norway claims as its own exclusive economic zone, although this is contested by nations such as Russia, Iceland, the U.K. and several EU countries.
Experts say they believe the next step could be the Norwegian Offshore Directorate, the government agency responsible for regulating petroleum resources, inviting companies to bid for exploration licenses, which could happen as early as this year. However, there’s currently no public timeline of forthcoming events.
Norway intends to mine for minerals such as magnesium, cobalt, copper, nickel and rare-earth metals found in manganese crusts on seamounts and sulfide deposits on active, inactive or extinct hydrothermal vents. The government says seabed mining is necessary to ensure that Norway is able to succeed in a “green transition.”
“We need to cut 55% of our emissions by 2030, and we also need to cut the rest of our emissions after 2030,” Astrid Bergmål, Norway’s state secretary for the energy minister, told Mongabay. “So, the reason for us to look into seabed minerals is the large amount of critical minerals that will be needed for many years.”
Critics, however, say that minerals for renewable energy technologies could be obtained from land-based sources and recycling processes.
Doubts about “clean” deep-sea mining
Bergmål said deep-sea mining will be done in a “step-by-step approach” and that it will only be permitted to go forward if the Norwegian government can ensure it will be done in a “sustainable way and with acceptable consequences.”
“If there is one country that can do this in a stepwise manner … that is Norway,” Bergmål said, “because when we say that we are going to put the world’s highest standards with respect to environmental concerns, we do it in practice.”
Norway isn’t the only country with ambitions to mine the deep sea. Other nations, including the Cook Islands, China and Japan, are working on similar plans within their own jurisdictions.
Deep-sea mining explained in 5 minute video
The high seas, which are areas beyond national jurisdiction, have also been earmarked for seabed mining, particularly in a region of the Pacific Ocean known as the Clarion-Clipperton Zone, where there are vast expanses dotted with potato-shaped polymetallic nodules containing minerals like manganese, nickel, cobalt and copper. The International Seabed Authority (ISA), a U.N.-mandated mining regulator, has been overseeing negotiations to approve a set of rules that would govern this activity so it could potentially start in the near future.
Protesters ready to stop seabed mining industry
Peter Haugan, a scientist who serves as policy director of Norway’s Institute of Marine Research and director of the Geophysical Institute at the University of Bergen, said Norway’s plans go against scientific advice and could endanger marine biodiversity.
“Destroying very sensitive and vulnerable areas and eliminating biodiversity … is a real risk,” Haugan told Mongabay. “It’s really a sad day for Norway.”
Haugan said Norway’s decision could also be a “violation of the law” due to a lack of scientific evidence needed to assess the environmental impacts of future mining activities, which is legally needed for such decisions to be made.
Haldis Tjeldflaat Helle, a campaigner at Greenpeace Norway against deep-sea mining, who participated in a protest outside the Norwegian parliament on Jan. 9, said she’s still hopeful that environmentalists will be able to stop the industry before it goes ahead.
“We will use the tools we have available,” Helle told Mongabay. “We will continue to do activism against this disruptive industry and try to influence Norwegian politicians to stop deep-sea mining.”
Elizabeth Claire Alberts is a senior staff writer for Mongabay. Follow her on Twitter@ECAlberts.
Editor’s note: Deep-sea mining is a sign of addiction. Only a culture driven by a death urge masquerading as a profit-production-motive could contemplate destroying some of the largest and most intact remaining habitats on Earth and call it “green.” One of the first companies that may begin deep sea mining is The Metals Company, headquartered in Vancouver, Canada. TMC plans to extract nickel, cobalt, copper, and manganese from “polymetallic nodules” dredged from the deep seafloor in an area of international waters called the Clarion Clipperton Zone southwest of San Diego. The company claims that mining the oceans is less harmful to the environment. Nothing could be further from the truth.
As a biocentric organization, Deep Green Resistance is opposed to deep-sea mining — and indeed, all industrial mining. Mining is the one of the most destructive industries on the planet in terms of habitat destruction, pollution, and social injustice. Modern industrial civilization is fully dependent on mining, and as an organization dedicated to dismantling industrial civilization, we oppose and will fight all industrial mining activities. We put the planet first.
This week, the International Seabed Authority, the intergovernmental body tasked with overseeing deep-sea mining in international waters, concluded its recent set of meetings, which ran from July 4 to Aug. 4, 2022.
The purpose of these meetings was to progress with negotiations of mining regulations, with a view that deep-sea mining will start in July 2023 after the Pacific island nation of Nauru triggered a rule that could obligate this to happen.
While many countries appear to support the rapid development of these regulations, an increasing number of other countries have expressed concern with this deadline, indicating a possible turn of events.
It starts with tiny deep-sea fragments — shark’s teeth or slivers of shell. Then, in a process thought to span millions of years, they get coated in layers of liquidized metal, eventually becoming solid, lumpy rocks that resemble burnt potatoes. These formations, known as polymetallic nodules, have caught the attention of international mining companies because of what they harbor: rich deposits of commercially sought-after minerals like cobalt, nickel, copper and manganese — the very metals that go into the batteries for renewable technologies like electric cars, wind turbines, and solar panels.
But while some experts say we must mine the deep sea to combat climate change, others warn against it, saying we know too little about the damage that seabed mining would cause to the ocean’s life-sustaining properties.
Actual extraction has yet to begin, but in June 2021, the small Pacific island country of Nauru pushed the world closer to this possibility by notifying the International Seabed Authority — the intergovernmental body that oversees mining in international waters — that it had triggered a two-year rule in the United Nations Convention on the Law of the Sea (UNCLOS). This rule would theoretically allow it to start mining in June 2023 under whatever mining rules are in place by then. Nauru itself doesn’t have a mining company with this interest, but it sponsors a subsidiary of Canada-based and U.S.-listed The Metals Company.
Since then, the ISA has been working to negotiate a set of regulations that would allow it to follow the two-year rule. But at the latest set of meetings that took place between July 4 and Aug. 4 in Kingston, Jamaica, progress on the mining code appears to have stalled, observers reported.
Image courtesy of International Seabed Authority (ISA) / ISBA HQ via Flickr.
“Overall, the feeling in the room is that there’s now a majority of states that are recognizing that it’s unrealistic, unachievable, and would be highly irresponsible,” Emma Wilson, a conservation expert who attended the recent ISA meetings as a representative of the NGO OceanCare, told Mongabay.
Representatives from several countries, including Spain, Chile, New Zealand, Ecuador, Costa Rica, the Federated States of Micronesia, and Trinidad and Tobago, made the case that the mining regulations shouldn’t be rushed to meet the obligations of the two-year rule. Spain’s representative, for instance, said that “as a precaution, the time has come to take a break,” while Costa Rica’s representative said “because we are responsible for the Common Heritage of Humankind, for our peoples and for future generations, we must act with caution.” (The UNCLOS defines the seabed and its resources as “the common heritage of mankind.”)
However, other countries, such Australia, the U.K., Tonga, and Nauru itself, took the position that regulations should be approved without delay. Tonga’s representative said the nation stood “ready to support work of Authority and relevant bodies especially for completion of regulatory frameworks in [a] timely fashion while assuring due diligence where appropriate.” Even France stated that it was committed to adopting “a legal framework with rigorous environmental protections to ensure that harm to ecosystems in the marine environment is minimized.” This position seemed to be in contrast to President Emmanuel Macron’s statement at the U.N. Ocean Conference in Lisbon at the end of June that “we have to create the legal framework to stop high seas mining and not to allow new activities that endanger ecosystems.”
On July 25, Chile’s delegation presented a letter to the ISA Secretariat, requesting that a discussion about the two-year rule become an agenda item at the assembly portion of the meetings, which began on Aug. 1. But this request was ignored, OceanCare’s Wilson said. Instead, the ISA Secretariat relegated it to the end of the meeting in the “any other business” category, which “undermined it,” and the ISA Secretariat even closed the meetings a day early, she added.
“One thing that became very, very evident this week is that the ISA Secretariat is doing everything that it can to brush the conversation under the carpet about [whether] there is another possibility of not adopting the regulation,” Wilson said.
Mongabay previously reported on concerns about transparency at the recently concluded ISA meetings, including accusations that the ISA had restricted access to key information and hampered interactions between member states and civil society.
Image courtesy of International Seabed Authority (ISA) / ISBA HQ via Flickr.
Despite the many setbacks, Matt Gianni, a political and policy adviser for the Deep Sea Conservation Coalition (DSCC), told Mongabay that he was observing a change happening in the negotiations.
“There’s a broad recognition that unless something really surprising happens, these regulations are not only unlikely to be adopted by July 2023, but they’re probably not likely to be adopted for several years at least,” said Gianni, who attended the meetings as a representative of EarthWorks, an NGO that works to shield communities and the environment from the negative impacts of extractive activities.
Gianni added that the ISA council has also yet to agree upon the financial mechanisms under which mining could operate, which need to be put into place, in addition to the regulations, before the ISA can issue exploitation licenses. However, he said it’s still unclear whether deep-sea mining will officially be stalled.
“It’s a bit like the Titanic,” Gianni said. “We’re starting to see the rivets popping and the thing is slowly starting to turn. But is it going to miss the iceberg and head in the direction of protecting the marine environment? That’s still an open question.”
White sponge with brown crinoids, pink brittle stars, and a pink crinoid in the lower right. Image by NOAA via Flickr.Banner image caption: A basket star, numerous flytrap anemones, two brisingid sea stars, holothurians high in the branches, brittle stars, and numerous other creatures. Image by NOAA via Flickr.
Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.
Editor’s note: O Canada!Welcome to the new wild west. If you liked Deepwater Horizon you will love Deep Sea Mining. This statement pretty much sums it up, “countries could have their chance to EXPLOIT the valuable metals locked in the deep sea.”Corporations love to deal withpoorer, less developed countries who can do less by way of supervision because they lack greater resources and capacity.
“Like NORI, TOML began its life as a subsidiary of Nautilus minerals, one of the world’s first deep-sea miners. Just before Nautilus’s project in Papua New Guinea’s waters failed and left the country $157 million in debt, its shareholders created DeepGreen. DeepGreen acquired TOML in early 2020 after Nautilus filed for bankruptcy, the ISA said the Tongan government allowed the transfer and reevaluating the company’s background was not required.”
And mining royalties are paid to the ISA. If this doesn’t sound fishy, I don’t know what does. There never should be a question as to what a corporation’s angle is. Their loyalty always is to the stockholders.
Citizens of countries that sponsor deep-sea mining firms have written to several governments and the International Seabed Authority expressing concern that their nations will struggle to control the companies and may be liable for damages to the ocean as a result.
Liability is a central issue in the embryonic and risky deep-sea mining industry, because the company that will likely be the first to mine the ocean floor — DeepGreen/The Metals Company — depends on sponsorships from small Pacific island states whose collective GDP is a third its valuation.
Mining will likely cause widespread damage, scientists say, but the legal definition of environmental damage when it comes to deep-sea mining has yet to be determined.
Pelenatita Kara travels regularly to the outer islands of Tonga, her low-lying Pacific Island home, to educate fishers and farmers about seabed mining. For many of the people she meets, seabed mining is an unfamiliar term. Before Kara began appearing on radio programs, few people knew their government had sponsored a company to mine minerals from the seabed.
“It’s like talking to a Tongan about how cold snow is,” she says. “Inconceivable.”
The Civil Society Forum of Tonga, where Kara works, and several other Pacific-based organizations have written to several governments and the International Seabed Authority (ISA) to express concerns that their countries may end up being responsible for environmental damage that occurs in the mineral-rich Clarion-Clipperton Zone, an expanse of ocean between Hawai‘i and Mexico.
“The Pacific is currently the world’s laboratory for the experiment of Deep Seabed Mining,” the groups wrote to the ISA, the U.N.-affiliated body tasked with regulating the nascent industry. As a state that sponsors a seabed mining company, Tonga has agreed to shoulder a significant amount of responsibility in this fledgling industry that may threaten ecosystems that are barely understood. And if anything goes wrong in the laboratory, Kara is worried that Tonga’s liabilities could exceed its ability to pay. If no one can pay for remediation, Greenpeace notes, that may be even worse.
“My concern is that the liability from any problem with deep-sea mining will just be too much for us,” Kara says.
Another Pacific Island state, Nauru, notified the ISA in June that a contractor it sponsors is applying for the world’s first deep-sea mining exploitation permits. The announcement triggered the “two-year rule,” which compels the ISA to consider the application within that period, regardless of whether the exploitation rules and regulations are completed by then.
Among the rules that may not be decided upon by the deadline is liability: Who is responsible if something goes wrong? Sponsoring states like Nauru, Tonga and Kiribati — which all sponsor contractors owned by Canada-based DeepGreen, now The Metals Company — are required to “ensure compliance” with ISA rules and regulations. If a contractor breaches ISA rules, such as causing greater damage to ocean ecosystems than expected, the contractor may be held liable if the sponsoring state did all they could to enforce strict national laws.
However, it’s not yet clear how these countries can persuade the ISA that they enforced the rules, nor how they can prove that they are able to control the contractors, when the company is foreign-owned. The responsibility of sponsoring states to fund potentially billions of dollars in environmental cleanup depends on the legal definitions of terms like “environmental damage” and “effective control,” which may be as murky two years from now as they are at present.
Myriad problems may occur in the mining area: sediment plumes may travel thousands of kilometers and obstruct fisheries, or damage could spread into other companies’ areas. Scientists don’t know all the possible consequences, in part because these ecosystems are poorly understood. The ISA has proposed the creation of a fund to help cover the costs, but it’s not clear who will pay into it.
“The scales of the areas impacted are so great that restoration is just not feasible,” says Craig Smith, an oceanography professor emeritus at the University of Hawai‘i, who has worked with the ISA since its creation in 1994. “To restore tens or hundreds of thousands of square kilometers would be probably more expensive than the mining operation itself.”
Nauru voices concerns
Just over a decade ago, before Nauru agreed to sponsor a deep-sea mining permit, the government worried that it was going to find itself responsible for paying those damages. The government wrote to the International Tribunal for the Law of the Sea, voicing concerns about the liability it could incur. As a sponsoring state with no experience in deep-sea mining and a small budget to support it, the delegation wanted to make sure that the U.N. did not prioritize rich countries in charting this new frontier in mineral extraction. Nauru and other “developing” countries should have just as great an opportunity to benefit from mining as other countries with more experience in capital-intensive projects, they argued.
Sponsoring states like Nauru are required to ensure their contractors comply with the law but, the delegation wrote, “in reality no amount of measures taken by a sponsoring State could ever fully ‘secure compliance’ of a contractor when the contractor is a separate entity from the State.”
Seabed mining comes with risks — environmental, financial, business, political — which sponsoring states are required to monitor. According to Nauru’s 2010 request, “it is unfortunately not possible for developing States to perform their responsibilities to the same standard or on the same scale as developed States.” If the standards of those responsibilities varied according to the capabilities of states, the Nauru delegation wrote, both poor and rich countries could have their chance to exploit the valuable metals locked in the deep sea.
“Poorer, less developed states, it was argued, would have to do less by way of supervision because they lacked greater resources and capacity,” says Don Anton, who was legal counsel to the tribunal during the decision on behalf of the IUCN, the global conservation authority.
The tribunal, issuing a final court opinion the next year, disagreed. Each state that sponsored a deep-sea miner would be required to uphold the same standards of due diligence and measures that “ensure compliance.” Legal experts generally regarded the decision well, because it prevented contractors from seeking sponsorships with states that placed lower requirements on their activities. However, according to Anton, the decision meant that countries with limited budgets like Nauru have only two choices when they consider deep-sea mining: either sponsor a contractor entirely, or avoid the business altogether.
According to the tribunal’s decision, “you cannot excuse yourself as a sponsoring state by referring to your limited financial or administrative capacity,” says Isabel Feichtner, a law professor at the University of Würzburg in Germany. “And that of course raises the question: To what extent can a small developing state really control a contractor who might just have an office in that state?”
Nauru had just begun sponsoring a private company to explore the mineral riches at the bottom of the sea Clarion-Clipperton Zone. Nauru Ocean Resources Inc. (NORI), initially a subsidiary of Canada-based Nautilus Minerals, transferred its ownership to two Nauru foundations while the founder of Nautilus remained on NORI’s board. As a developing state, Nauru said, this kind of public-private partnership was the only way that it could join mineral exploration.
Nauru discussed the tribunal’s decision behind closed doors, according to a top official there at the time, and the government sought no independent consultation, hearing only guidance from Nautilus. Two months after the tribunal gave its opinion, Nauru officially agreed to sponsor NORI.
Control
After the tribunal’s decision, the European Union recognized that writing the world’s first deep-sea mining rules to govern companies thousands of miles away would be a tall order for countries with little capacity to conduct research.
The EU, whose member states also sponsor mining exploration, began in 2011 a 4.4 million euro ($5.1 million) project to help Pacific island states develop mining codes. However, by 2018, when most states had finished drafting national regulations, the Pacific Network on Globalization (PANG) found that the mining codes did “not sufficiently safeguard the rights of indigenous peoples or protect the environment in line with international law.” In addition, in some cases countries enacted legislation before civil society actors were aware that there was legislation, says PANG executive director Maureen Penjueli.
“In our region, most of our legislation assumes impact is very small, so there’s no reason to consult widely,” she says. “We found in most legislations is that it is assumed it’s only where mining takes place, not where impacts are felt.”
For Kara, mining laws are one thing, but enforcement is another. Sponsoring states must have “effective control” over the companies they sponsor, according to mineral exploration rules, but the ISA has not explicitly defined what that means. For example, the exploration contract for Tonga Offshore Mining Limited (TOML) says that if “control” changes, it must find a new sponsoring state. When DeepGreen acquired TOML in early 2020 after Nautilus filed for bankruptcy, the ISA said the Tongan government allowed the transfer and reevaluating the company’s background was not required.
Kara questions whether Tonga can adequately control TOML, its management, and its activities. TOML is registered in Tonga, but its management consists of Australian and Canadian employees of DeepGreen. It is owned by the Canadian company. Since DeepGreen acquired TOML, the only Tongan national in the company is no longer listed in a management role.
“It’s not enough to be incorporated in the sponsoring state. The sponsoring state must also be able to control the contractor and that raises the question as to the capacity to control,” Feichtner says.
When Kara’s Civil Society Forum of Tonga and others wrote to the ISA, they argued Canada should be the state sponsor of TOML, considering TOML is owned by a Canadian firm. In response, the ISA wrote that the Tongan government “has no objection” to the management changes, so no change was needed.
“Of all the work they’re doing in the area, I don’t know whether there’s any Tongan sitting there, doing the so-called validation and ascertaining what they do. We’re taking all of this at face value,” Kara says. With few resources to track down people who live in Canada or Australia, Kara is worried that Tonga will not be able to hold foreign individuals accountable for problems that may arise.
In merging with a U.S.-based company, DeepGreen became The Metals Company and will be responsible to shareholders in the U.S. The U.S., however, has not signed on to the U.N. convention that guides the ISA, and as such is not bound by ISA regulations, the only authority governing mining in the high seas.
“What I think is pretty clear is that ‘effective control’ means economic, not regulatory, control,” says Duncan Currie, a lawyer who advises conservation groups on ocean law. “So wherever it is, it’s not in Tonga.”
The risks
On Sept. 7, Tonga’s delegation to the IUCN’s global conservation summit in France joined 80% of government agencies that voted for a motion calling for a moratorium on deep-sea mining until more was known about the impacts and implications of policies.
“As a scientist, I am heartened by their decision,” says Douglas McCauley a professor of ocean science at the University of California, Santa Barbara. “The passage of this motion acknowledges research from scientists around the world showing that ocean mining is simply too risky a proposition for the planet and people.”
Tonga’s government continues to sponsor an exploration permit for TOML. According to the latest information, Tonga and TOML have agreed that the company will pay $1.25 in royalties for every ton of nodules mined. That may amount to just 0.16% of the value of the activities the country sponsors, according to scenarios presented to the ISA by a group from the Massachusetts Institute of Technology. Royalties paid to the ISA and then distributed to countries may be around $100,000.
Nauru’s contract with NORI stipulates that the company is not required to pay income tax. DeepGreen has reported in filings to the U.S. Securities and Exchange Commission that royalties will not be finalized until the ISA completes the exploitation code. With the two-year rule, NORI plans to apply for a mining permit, regardless of when the code is written.
“The only substantial economic benefit [Nauru] might derive is from royalty payments, and these are not even specified yet. and on the other hand, it potentially incurs this huge liability if something goes wrong,” Feichtner says.
Like NORI, TOML began its life as a subsidiary of Nautilus minerals, one of the world’s first deep-sea miners. Just before Nautilus’s project in Papua New Guinea’s waters failed and left the country $157 million in debt, its shareholders created DeepGreen.
“I am afraid that Tonga will be another Papua New Guinea,” Kara says. “If they start mining and something happens out there, we don’t have the resources, the expertise, because we need to validate what they’re doing.”
DeepGreen has said it is giving “developing” states like Tonga the opportunity to benefit from seabed mining without shouldering the commercial and technical risk. DeepGreen did not respond to Mongabay’s requests for comment.
“I’m still trying to figure out their angle. Personally, I think DeepGreen is using Pacific islanders to hype their image. I’m still thinking that we were never really the target. The shareholders have always been their target,” Kara says.
She says she doubts the minerals at the bottom of the ocean are needed for the world to transition away from fossil fuels. In a letter to a Tongan newspaper, Kara wrote, “Deep-sea mining is a relic, left over from the extractive economic approaches of the ’60s and ’70s. It has no place in this modern age of a sustainable blue economy. As Pacific Islanders already know — and science is just starting to learn — the deep ocean is connected to shallower waters and the coral reefs and lagoons. What happens in the deep doesn’t stay in the deep.”
