Navigating Environmental Approval Pathways for Deep Seabed Mining Projects in Areas Beyond National Jurisdiction (the Area)

Deep-seabed mining (DSM) is a developing industry with high potential to help meet the metal demand for the transition to a renewable energy world. No DSM projects have yet received environmental approval, although several are in progress, following the Environmental and Social Impact Assessment (ESIA) process that has been developed and widely applied for projects in national jurisdictions. Currently, the International Seabed Authority's (ISA) regulations, standards, and guidelines for mineral exploitation of seabed minerals in the Areas Beyond National Jurisdiction (the Area) are in draft form. Proponents are guided in their ESIA studies by the ISA's Recommendations for the Guidance of Contractors for the Assessment of the Possible Environmental Impacts Arising From Exploration for Marine Minerals in the Area and are proceeding in expectation that the currently draft regulations will be finalized by the time an environmental impact statement can be submitted. This paper discusses the pathways leading to environmental assessment and approvals, comparing the processes in national jurisdictions with those for projects in the Area.

Potential impacts of polymetallic nodule removal on deep-sea meiofauna

Deep seabed mining is potentially imminent in the Clarion Clipperton Fracture Zone (CCFZ; northeast Pacific). Seabed collectors will remove polymetallic nodules and the surrounding surface sediments, both inhabited by meiofauna, along their path. To determine potential impacts of polymetallic nodule removal, we investigated the importance of nodule presence for the abundance, composition and diversity of sediment meiofauna, and evaluated the existence and composition of nodule crevice meiofauna in the Global Sea Mineral Resources (GSR) exploration contract area. Nodule-free and nodule-rich sediments displayed high biodiversity with many singletons and doubletons, potentially representing rare taxa. Nodule presence negatively influenced sediment meiofaunal abundances but did not markedly affect taxonomic composition or diversity. This is the first report on CCFZ nodule crevice meiofauna, whose abundance related positively to nodule dimensions. Though dominated by the same taxa, nodules and sediments differed regarding the taxonomic and trophic composition of the meio- and nematofauna. Nevertheless, there were no taxa endemic to the nodule crevices and nodule crevice meiofauna added only little to total small-scale (~ cm) meiofaunal abundance and diversity. We formulated environmental management recommendations at the contract area and regional (CCFZ) scale related to sampling effort, set-aside preservation and monitoring areas, and potential rehabilitation measures.

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime.

Strategic Environmental Planning for Deep Seabed Mining in the Area

Discussions approximately an environmental control method for deep seabed mining in the Area had been underway for some the years. Both states and scientists have known for such an environmental control method. In 2018, the International Seabed Authority has followed its first 5-year strategic plan, masking all elements of its mandate. This article examines the brand-new strategic plan integrates factors of an environmental control method and what is probably missing. It demonstrates that even as a few overlaps exist, there are numerous key gaps left via way of means of the modern strategic plan which will be stuffed via the way of means of an environmental control method. To operationalize those desires and objectives, development ought to be measurable; thus, objectives are set, reviews are assessed, and suitable responses are awarded. Many control equipment and toots are relevant for accomplishing environmental desires. To date, the ISA has taken into consideration marine spatial making plans in large part across the modern exploration settlement blocks. Other factors of environmental control, which include the necessities for baseline studies, effect assessment, post-effect tracking, and the remedy of dangerous consequences and extreme damage want to be carried out to assist well-described environmental desires and objectives. We advocate that this making plans be done for scales largethan man or woman blocks, through a Strategic Environmental Management Plan, to make certain sustainable use of ocean assets throughout the Area.