Interest in mining the deep seabed is not new; however, recent technological advances and increasing global demand for metals and rare-earth elements may make it economically viable in the near future Since 2001, the International Seabed Authority (ISA) has granted 26 contracts (18 in the last 4 years) to explore for minerals on the deep seabed, encompassing ∼1 million km2 in the Pacific, Atlantic, and Indian Oceans in areas beyond national jurisdiction However, as fragile habitat structures and extremely slow recovery rates leave diverse deep-sea communities vulnerable to physical disturbances such as those caused by mining (3), the current regulatory framework could be improved. We offer recommendations to support the application of a precautionary approach when the ISA meets later this July 2015….
The seabed outside of national jurisdictions [called the “Area” in the United Nations Convention on the Law of the Sea (UNCLOS)] is legally part of the “common heritage of mankind” and is not subject to direct claims by sovereign states. The common-heritage principle imposes a kind of trusteeship obligation on the ISA, created under UNCLOS in 1994, and its member states, wherein “the interests of future generations have to be respected in making use of the international commons”; those interests include both resource exploitation and environmental protection …
Efforts focused on the Clarion-Clipperton Fracture Zone (CCZ) in the abyssal Pacific provide a useful model. The CCZ as the largest known concentrations of high-grade polymetallic nodules, with potentially great commercial value . The scale of impacts that would be associated with nodule mining in the CCZ may affect 100s to 1000s of km2 per mining operation per year . In 2007, an international workshop brought together expert representatives from ISA and the scientific and international ocean law communities to develop design principles and recommendations for a network of marine protected areas (MPAs) in the CCZ off-limits to mining, to be considered by the ISA as part of a regional environmental management plan. The workshop used a recent assessment of biodiversity, species ranges, and gene flow in the CCZ to develop recommendations honoring existing mining exploration claims while incorporating accepted principles of ecosystem management ..
In 2012, the ISA pioneered a precautionary approach in the CCZ when it provisionally adopted the deep seabed’s first environmental management plan that included Areas of Particular Environmental Interest (APEIs), a modified version of the recommended MPA network from the 2007 workshop. The design principles used in developing the APEIs included (i) compatibility with the existing legal framework of the ISA for managing seabed mining and protecting the marine environment. (ii) minimizing socioeconomic impacts by honoring existing exploration claims; (iii) maintaining sustainable, intact, and healthy marine populations; (iv) accounting for regional ecological gradients; (v) protecting a full range of habitat types; (vi) creating buffer zones to protect against external anthropogenic threats (e.g., mining plumes); and (vii) establishing straight-line boundaries to facilitate rapid recognition and compliance (12)….
Meanwhile, the ISA continues to grant exploration contracts for large areas of other deep-sea habitats in the Indian, Atlantic, and Pacific Oceans. Preexisting or new exploration claims (up to ∼75,000 km2 for nodules) can erode the effectiveness of protected-area networks by preempting protection of critical habitats and by limiting population connectivity by causing excessive spacing between MPAs. We thus recommend that the ISA consider suspending further approval of exploration contracts (and not approve exploitation contracts) until MPA networks are designed and implemented for each targeted region.