Donald Trump wants to mine the depths of the ocean for critical minerals ubiquitous in rechargeable batteries, signing an executive order on Thursday to try to expedite mining within US and international waters.
It’s a brash move that critics say could create unknown havoc on sea life and coastal economies, and that bucks international agreements. Talks to develop rules for deep-sea mining are still ongoing through the International Seabed Authority (ISA), a process that missed an initial 2023 deadline and has continued to stymie efforts to start commercially mining the deep sea.
“A dangerous precedent”
“Fast-tracking deep-sea mining by bypassing the ISA’s global regulatory processes would set a dangerous precedent and would be a violation of customary international law,” Duncan Currie, legal adviser for the Deep Sea Conservation Coalition that has advocated for a moratorium on deep sea mining, said in a press statement.
The ISA was established by the 1982 United Nations Convention on the Law of the Sea. More than 160 nations have ratified the convention, but the United States has not. Ignoring the convention, the executive order Trump signed directs federal agencies to expedite the process for issuing licenses to companies seeking to recover minerals “in areas beyond national jurisdiction” in accordance with the 1980 US Deep Seabed Hard Mineral Resources Act. A country’s territorial jurisdiction only extends roughly 200 nautical miles from shore.
The Trump administration wants to work with industry “to counter China’s growing influence over seabed mineral resources,” the executive order says. However, no country has yet to commercially mine the deep ocean where depths reach about 656 feet (200 meters) in international waters. There have already been efforts to explore parts of the ocean floor rich in nickel, copper, cobalt, iron, and manganese sought after for rechargeable batteries, though, and China is a leading refiner of many critical minerals.
China responded on Friday: the BBC reported Chinese foreign ministry spokesman Guo Jiakun as saying that Trump’s move “violates international law and harms the overall interests of the international community.”
The Metals Company announced in March that the Canadian company had already “met with officials in the White House” and planned to apply for permits under existing US mining code to begin extracting minerals from the high seas.
California-based company Impossible Metals asked the Trump administration earlier this month to auction off mining leases for areas off the coast of American Samoa, which would be within US-controlled waters. Trump’s executive order also directs the Secretary of the Interior to expedite the process for leasing areas for mining within US waters.
Companies seeking to exploit offshore mineral resources argue that it would cause less harm than mining on land. Their opponents contend that there’s still too little research to even understand how widespread the effects of deep sea mining could be on marine ecosystems and the people who depend on them. Recent studies have warned of “irreversible” damage and loud noise affecting sea life, and one controversial study raises questions of whether the deep sea could be an important source of “dark oxygen” for the world.
More than 30 countries — including Palau, Fiji, Costa Rica, Canada, Mexico, Brazil, New Zealand, France, Germany, and the United Kingdom — have called for a ban or moratorium on deep-sea mining until international rules are in place to minimize the potential damage.
“The harm caused by deep-sea mining isn’t restricted to the ocean floor: it will impact the entire water column, top to bottom, and everyone and everything relying on it,” Jeff Watters, vice president for external affairs at the nonprofit Ocean Conservancy said in a press release.
