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Posts Tagged ‘UNCLOS’

NOAA proposes revisions to deepsea mining regulations

Posted in deep sea mining, energy policy, tagged , , , , on July 8, 2025| Leave a Comment »

Remotely operated vehicle traverses over an extensive field of ferromanganese nodules that form the bulk of the hard seafloor substrate. Credit: NOAA.

The proposed rule is attached. Important points:

How can the US issue mining licenses in international waters (controversial)?

“The International Seabed Authority (ISA) regulates deep seabed mining in areas beyond national jurisdiction for countries that are parties to the United Nations Convention on the Law of the Sea (UNCLOS). The United States is a non-party to UNCLOS. Under U.S. law, NOAA may issue licenses and permits to U.S. citizens in areas beyond national jurisdiction under the Deep Seabed Hard Mineral Resources Act (DSHMRA).“

Main objective of the proposed rule (paraphrased):

The deepsea mining industry has gained experience from site specific exploration activities. As a result, later entrants may be able to capitalize on the information gained by previous explorers and lessen the need for further exploration of previously explored areas. In such cases there may be a need for a consolidated licensing process in which permit applicants could meet exploration license requirements to establish priority of right, and permit requirements, simultaneously.

Comment: The proposed rule seems reasonable in that qualified companies that gather the necessary site information would have the right (after NOAA review and approval) to collect the minerals. This would align deepsea mining more closely with offshore oil and gas in that companies acquiring licenses would be able to proceed to production after regulatory approvals.

2025-12513Download

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Interesting bits in the Proposed Notice for OCS Oil and Gas Lease Sale 262

Posted in energy policy, Gulf of Mexico, Offshore Energy - General, tagged , , , , , , , , on July 1, 2025| Leave a Comment »

Eye catching sentences in the news release and Proposed Notice of Sale:

“Leases awarded through Lease Sale 262 will be for oil and gas exploration and development only.” (News Release)

“Leases issued as a result of GOA Lease Sale 262 are expressly limited to oil and gas exploration and development.” (p. 16 of the Sale Notice)

Comment: Why would BOEM stipulate, for the first time ever, that an Oil and Gas Lease Sale is only for oil and gas exploration and development? Perhaps because, at the last 3 sales, 2 companies wrongfully acquired oil and leases for carbon disposal purposes. Those leases will likely expire at the end of their primary term, and the lessees will have nothing to show for their investment.

Other items of interest:

“Congress may enact legislation through reconciliation efforts sometime after publication of this Proposed NOS“

Comment: The Offshore Oil and Gas Leasing provisions in the “Big Beautiful Bill” make OCS leases more attractive in that they minimize sale uncertainty and return royalty rates to pre-IRA levels.

Proposed Primary Terms

Comment: Time for an update. The drilling requirements for a primary term extension should be the same for leases in 0-400 m as for those in 400-800 m. The requirement for an ultra-deep subsurface well is selectively punitive to shelf operations. These operations, although typically less lucrative, are important to the Gulf’s infrastructure.

Restricted Joint Bidders
On April 29, 2025, BOEM published the most recent List of Restricted Joint Bidders in the Federal Register (90 FR 17832). Potential bidders are advised to refer to the Federal Register prior to bidding for the most current list at the time of the lease sale. Please refer to the joint bidding provisions at 30 CFR 556.511-556.515

Comment: It’s past time for Congress to do away with the joint bidding restriction.

Comment: No surprises in the Lease Stipulations. Can BOEM finally drop the Law of the Seas stipulation (No. 6)?

Conclusion: There are no excuses for not participating in this sale!

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The Metals Company to apply for deepsea mining permits under US authority, not proposed international regulations

Posted in deep sea mining, energy policy, Offshore Energy - General, tagged , , , , , , on March 31, 2025| Leave a Comment »

pictured:TMC pilot trials

Lars Herbst brought this bold and rather surprising deepsea mining development to my attention. Let the screaming begin!

NEW YORK, March 27, 2025 (GLOBE NEWSWIRE) (emphasis added) — TMC the metals company Inc. (Nasdaq: TMC) (“TMC” or the “Company”), an explorer of the world’s largest undeveloped resource of critical metals for building infrastructure, power generation, transmission, and batteries, today announced that its subsidiary The Metals Company USA LLC (“TMC USA”) has formally initiated a process with NOAA under the U.S. Department of Commerce to apply for exploration licenses and commercial recovery permits under existing U.S. legislation, the Deep Seabed Hard Mineral Resources Act of 1980 (DSHMRA).

Following extensive legal diligence on DSHMRA, NOAA’s implementing regulations and other applicable environmental protection legislation, the Company strongly believes that the U.S. seabed mining code offers the greatest probability of securing a permit for commercial recovery of deep-sea mineral resources in a timely manner.

Gerard Barron, Chairman & CEO of The Metals Company, commented: “Over the last decade, we’ve invested over half a billion dollars to understand and responsibly develop the nodule resource in our contract areas. We built the world’s largest environmental dataset on the CCZ, carefully designed and tested an offshore collection system that minimizes the environmental impacts and followed every step required by the International Seabed Authority. But, despite collaborating in good faith with the ISA for over a decade, it has not yet adopted the Regulations on the Exploitation of Mineral Resources in the Area in breach of its express treaty obligations under UNCLOS and the 1994 Agreement.”

“We believe we have sufficient knowledge to get started and prove we can manage environmental risks. What we need is a regulator with a robust regulatory regime, and who is willing to give our application a fair hearing. That’s why we’ve formally initiated the process of applying for licenses and permits under the existing U.S. seabed mining code. After extensive legal review and constructive engagement with NOAA and other officials across the U.S. government, we believe the United States offers a stable, transparent, and enforceable regulatory path. TMC USA expects to submit applications to NOAA in the second quarter of 2025. We’re encouraged by the growing recognition in Washington that nodules represent a strategic opportunity for America—and we’re moving forward with urgency.”

Previous deepsea mining posts

Greenpeace photo

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60 Minutes segment on deep sea mining and the Law of the Sea treaty

Posted in climate, deep sea mining, energy policy, Offshore Energy - General, tagged , , , , , , , on March 28, 2024| Leave a Comment »

I’m posting Sunday’s 60 Minutes segment that focused on deep sea mining and the failure of the US to ratify the UN Convention on the Law of the Sea (UNCLOS). Supplementary comments:

  • Most Federal employees involved with ocean energy policy, past and present, have supported US government ratification of UNCLOS.
  • The offshore industry has long supported UNCLOS. Industry trade associations, including API, IADC, and NOIA, are on the record as favoring ratification.
  • While concerns about UN management of deep sea mining access are understandable, some coordinated administrative structure is needed.
  • The Metals Company and other companies pursuing deep sea mining opportunities clearly disagree with the assertion that ocean floor mineral harvesting is not economically viable.
  • While it’s too soon to draw firm conclusions, there are reasons to believe that deep sea mining is environmentally preferable to onshore mining.

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Deep sea mining intrigue

Posted in energy policy, Jamaica, Offshore Energy - General, Regulation, Uncategorized, tagged , , , , , , , , , on October 26, 2023| Leave a Comment »

Andrew Konczvald’s reports from Manzanillo, Mexico about the presence of the Hidden Gem (pictured above), a converted deepwater drillship, have renewed BOE interest in deep sea mining, a topic that is full of political, environmental, legal, and operational intrigue:

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