To a large extent, environmental prospects for seabed mining hinge on the deliberations of a group called the International Seabed Authority (ISA). The ISA was created by the United Nations Convention on the Law of the Sea (UNCLOS), a treaty ratified by most of the world’s nations (although not by the United States). The UNCLOS governs the use and protection of seabed resources. Within that context, the ISA has a mandate to organize, regulate, and control all mineral-related activities in what’s known as “the Area,” or the international seabed lying beyond the exclusive economic zones (EEZs) of specific countries. Any coastal nation may claim an EEZ up to 200 nautical miles (370 km) off the country’s shore, within which the country is responsible for regulating mining.The UNCLOS defines the Area as a “common heritage of mankind” that is not subject to direct claims by sovereign states. The ISA administers this heritage by issuing mining leases in the Area to countries or corporations that will, in turn, be obligated to pay mining royalties back to the ISA. Because the royalties will come from mining a “common heritage,” the ISA will then redistribute the money to countries in the developing world using procedural mechanisms that are still being developed.So far, the International Seabed Authority has issued 26 exploratory leases in sections of “the Area”—the vast international seabed that lies outside individual countries’ borders (indicated on the map in gray). The exploratory leases issued to date cover approximately 2 million km2 of seabed. No exploitation leases have been issued yet.Jane Whitney/janewhitney.comGiven the inherent tension between the ISA’s dual mandates to collect and distribute royalties from mining licenses and to protect the marine environment, skeptics have described the organization as a “fox in the henhouse.” Michael Lodge, the ISA’s legal counsel and deputy to its secretary-general, responds that “the system is full of checks and balances, with different interest groups in different chambers.”Before the UNCLOS came into force in 1994, a so-called pioneer regime was established under the United Nations with the authority to issue “pioneer claims” to enterprises that had already invested in minerals exploration. Lodge says six pioneer claims for minerals exploration were issued in 1984, each totaling an area of 75,000 km2. Those claims transferred into official leases when the ISA became a legal entity 10 years later.Between 1984 and 2011, Lodge says, the ISA issued no further leases, but then the numbers started surging, coincident with completion by the ISA of regulations for exploration. According to Lodge, the ISA has so far issued 26 exploratory leases covering a total of approximately 2 million km2 of seabed. Exploitation leases to actually extract minerals will follow when the corresponding regulations are final.According to Maurice Tivey, a geologist and senior scientist at the Woods Hole Oceanographic Institution, two converging factors are driving the spike in exploration. One of them is technological innovation leveraged from the oil and gas industries, which are migrating steadily toward the deep ocean. The other factor is a projected surge in demand especially for copper, but also for other minerals, including “rare earth” minerals used in hybrid car components, smart phones, computers, solar panels, and many other electronic devices. Duncan Currie, a legal and political advisor with the Deep Sea Conservation Coalition, headquartered in Amsterdam, the Netherlands, says countries and corporations are taking a long view on seabed mining, anticipating mineral shortages and higher prices that will eventually make the practice cost-effective.
During its July 2015 session, which ran for two weeks in Kingston, Jamaica, the ISA began to consider a draft framework for the exploitation of seabed resources. Also in July, Smith and 10 colleagues published a paper in Science recommending a precautionary approach to seabed mining that would emphasize the creation of Marine Protected Areas (MPAs), and calling on the ISA to “[suspend] further approval of exploration contracts (and not approve exploitation contracts) until MPA networks are designed and implemented for each target region.” Smith argues that MPA networks are needed to guarantee that a significant proportion of the global deep-sea ecosystem remains intact and viable.A provisional environmental management plan protecting roughly 1.4 million km2 was established for the CCZ by the ISA in 2012. However, an environmental management plan has not been established for regions of the Pacific, Indian, and Atlantic oceans, where the ISA continues to issue exploration leases.Smith and his coauthors are concerned that MPAs might be spaced too far apart, without the connectivity needed to prevent localized extinctions. “We don’t want to be overly critical of the ISA, but they really need to get these regional MPA plans in place soon,” he says. “Exploration claims in the CCZ are already compromising our ability to create MPAs in some areas.”In response, Lodge counters, “There is no basis for either suspending contracts or placing a moratorium on exploration, since exploration provides the only means for gathering environmental data. A suspension of exploration would be self-defeating.”According to Lodge, the ISA is now reaching “saturation on exploration leases.” He says there are perhaps 10 other promising areas that haven’t been leased for exploration yet, but the industry appears to be consolidating around a limited number of projects. If exploitation ultimately succeeds in these areas, he says, then deep-sea mining is likely to experience a huge amount of growth.The hope among scientists and other environmental stakeholders is that this growth is matched by successful efforts to protect key habitats. Van Dover says these efforts might focus especially on protecting thermal vent communities, which she describes as “beautiful, rare, and important.”Smith views potential extinctions in moral terms, pointing out that “the deep sea is raw material for evolution—large-scale extinctions would profoundly affect what makes our planet unique.” And like other endangered habitats, such as tropical rainforests, the deep ocean likely harbors untapped biological resources that might one day be used to develop new drugs and other products that benefit humankind. “We’re talking about the largest and least understood biome on earth,” says Steiner. “And right now very little of it is protected.”
Authors: L M Wedding; S M Reiter; C R Smith; K M Gjerde; J N Kittinger; A M Friedlander; S D Gaines; M R Clark; A M Thurnherr; S M Hardy; L B Crowder Journal: Science Date: 2015-07-09 Impact factor: 47.728