There are 67 NGOs with observer status at the International Seabed Authority (ISA) as of March 2026, which explains why nothing gets done. More than thirty years after its creation, there is still no final Mining Code for nodule exploitation.
“Deep‑sea mining disturbs low‑productivity abyssal ecosystems and may have long‑lasting local effects on small communities of widely distibuted organisms reliant upon the nodules themselves, but avoids the deforestation, human displacement and occupational hazards of many terrestrial mines. The ethical question is whether it is better to concentrate impacts on a relatively small portion of the most common habitat on Earth, or to continue expanding high‑impact mining frontiers on land like tropical rainforests.“
“The job of a regulator is not to deliver closure for activists. It is to regulate access to resources designated as the “common heritage of mankind” in a way that balances environmental protection, equitable benefit sharing and global development needs. That will always involve trade‑offs.“
Attached are proposed revisions to BOEM’s marine minerals regulations as published today in the Federal Register. As advertised, the revisions appear to be largely administrative in nature and do not substantively change the marine minerals program.
The proposal does require BOEM to act on unsolicited lease sale requests within 28 days (currently 45 days), which may prove to be a challenge. See the excerpt pasted below.
G. Revise 30 CFR 581.11(b) “Unsolicited request for a lease sale”
The requirement for the BOEM Director to decide “within 45 days” of receipt of a lease request is not based on a statutory requirement. BOEM proposes to replace this 45-day timeframe with 28 days to ensure timely processing of such requests.
“The Bureau of Ocean Energy Management (BOEM) is initiating the first steps that could potentially lead to a lease sale for minerals on the Outer Continental Shelf (OCS) offshore Alaska by publishing this request for information and interest (RFI).”
“The objective of this rule is to provide the option for a consolidated application streamlining the process for qualified applicants.”
Reflecting on advances in environmental science, seafloor mapping, and offshore mineral-collection technologies, the revised rule allows qualified companies that gather the necessary site information to proceed to the collection phase. Deepsea mining is now more closely aligned with offshore oil and gas in that companies acquiring licenses are able to proceed to production after regulatory approvals.
The preamble nicely summarizes the opposition to the rule for environmental and jurisdictional reasons:
“General opposition to deep seabed mining was expressed for a variety of stated reasons, including, but not limited to the following assertions: effects on the environment; effects on seabed habitat and to marine species including undiscovered species especially in the Clarion-Clipperton Fracture Zone; harm to cultural resources and Pacific Islander livelihoods and beliefs; inadequate scientific research and information; inadequate resource protection measures and regulations; uncertainties regarding environmental impacts and a nascent industry; significant technical challenges to deep seabed mining; opposition to deep seabed mining from many U.S. states, countries, and global companies; that deep seabed mining is contrary to international agreements and efforts; the need for moratoria; that deep seabed minerals are not needed to meet U.S. demand for critical minerals and domestic sources and recycling of such minerals should be used instead; the U.S. needs to focus on building domestic refineries; using renewable and alternative resources rather than deep-sea minerals; and jeopardizing vital carbon sinks.”
“Commenters stated that acting unilaterally on deep seabed mining undermines the ISA (International Seabed Authority) process, international norms, global stability, and the rule of law, and that it could result in harm to protected areas, such as Areas of Particular Environmental Interest designated by the ISA.”
Heavy mineral geodatabase showing marine samples offshore of Virginia. A: 620 samples with heavy mineral data from previous projects, symbol colors determined by the percent of total heavy minerals (THM) obtained through gravity spiral separation methods. B: M21AC00010 samples (indicated with white halo) from Sandbridge Shoal and Atlantic Channel vibracores for THM and mineralogical analyses.
Odyssey’s primary targets are phosphate, which is now on the critical minerals list, and rare earth element’s titanium and zirconium. This would be a shelf dredging operation, in partnership with Great Lakes Dredge & Dock Company, rather than the deepwater module collection being proposed for the Pacific.
The fact that the sand recovered during the dredging process could be used for beach nourishment should appeal to adjacent coastal communities.
Odyssey Marine’s CEO discusses the proposed Virginia offshore program starting at the 4:00 minute mark in the video below.
Conceptually, this technologically advanced polymetallic nodules collection system looks great. The big challenge that John Smith sees is with the number of moving parts. The numerous manipulators operating at such depths could be prone to breakdowns which reduce recovery rates and significantly increase operating costs.
Terrestrial Indonesian nickel mine site before and after miningBefore and after: terrestrial Chilean copper mine siteDeep-sea nodule field before and after collection by Impossible Metals
An Impossible Metals table (below) understandably favors their methods vs. those employed by deep-sea mining rival The Metals Company. However, both approaches are far preferable, environmentally and socially, to onshore metal mining.
On August 11, 2025, TMC USA received notice of full compliance from the National Oceanic and Atmospheric Administration (NOAA) on its exploration applications, and reconfirmation that TMC USA has priority right over both exploration areas
Both applications entered the certification stage in late July, which we expect to be approximately 100 days
In light of recent U.S. regulatory developments, TMC expects to commence commercial production from the NORI-D Area in the fourth quarter of 2027 if we receive a commercial permit before scaling to an average annual production rate of 10.8 million tonnes of wet nodules per annum (Mtpa) at steady state (2031 through 2043) production, with an expected 18-year life of mine (LOM);
Meanwhile, after missing deadlines in 2020 and 2023, the International Seabed Authority (ISA) again failed to deliver a Mining Code as communicated in their 2023 roadmap during the second part of their 30th session in July 2025. No new roadmap or new target date for adopting the final Mining Code has been agreed. The next ISA meeting is scheduled for March 2026. (Hence the importance of direct permitting through the US/NOAA.)
Bud's Offshore Energy (BOE) 