Deep-Sea Mining Rules Remain Unfinished as U.S. Eyes American Samoa

The International Seabed Authority is still developing environmental and governance rules for possible deep-sea mining in international waters, while the United States advances a separate proposed leasing action covering 33 million acres around American Samoa.

The two tracks are legally distinct. The ISA governs mineral activities on the seabed beyond national jurisdiction, while the proposed American Samoa leases would be in waters under U.S. jurisdiction. Together, however, they show how demand for critical minerals is testing the pace and reach of ocean governance.

ISA work remains focused on standards

On July 1, the ISA posted a consultancy call seeking support for draft standards and guidelines on environmental thresholds. The call is part of continuing technical work on the rules that would govern any future exploitation in the international seabed area.

The second part of the ISA’s 31st session ran in Kingston from July 13 through July 31, according to the United Nations’ Indico calendar. The council agenda included reports on national legislation related to deep-seabed mining, exploration contracts and the relinquishment of portions of exploration areas.

Those agenda items represent continuing regulatory work, not an authorization to begin commercial mining. The ISA says there is currently no commercial exploitation of deep-sea minerals in the international seabed area, known as “the Area.” The activities now taking place are exploration operations for scientific and resource-assessment purposes.

What the international framework covers

The ISA says its mandate includes organizing and controlling mineral-related activities in the Area and protecting the marine environment from harmful effects that could arise from those activities.

The Area covers about 54% of the world’s oceans, according to the ISA. It is the seabed beyond national jurisdiction, where mineral resources are managed through an international framework intended to benefit humanity as a whole.

The immediate regulatory question is therefore not simply whether minerals are present. It is whether regulators can establish credible limits for disturbance, pollution, monitoring and ecosystem protection before commercial operations are approved.

Why American Samoa is a separate track

The U.S. proposal concerns waters surrounding American Samoa and is outside the ISA’s jurisdiction. Associated Press reported that the proposed leasing notice covers 33 million acres, or about 51,560 square miles.

The initial leases would support preliminary activities such as geophysical surveys, biological sampling and oceanographic measurements. Any future mining would require a separate plan and additional approval following environmental review, according to the Bureau of Ocean Energy Management assessment cited by AP.

The assessment acknowledged uncertainty and data gaps in deeper waters, where biodiversity, ecological functions and baseline conditions remain poorly characterized. AP also reported that the proposed area is near the Rose Atoll National Wildlife Refuge and several national marine sanctuaries.

What readers should watch next

The American Samoa action is a proposed leasing process, not a completed auction and not automatic permission to mine. The next steps include agency decisions, environmental review and responses from affected governments and communities.

For the ISA, the important signals will be final regulatory documents, environmental standards and decisions on how any future exploitation would be monitored and controlled. The July work did not itself approve commercial mining rules or authorize mining.

The practical stakes extend from possible supplies of minerals used in technology, energy and defense to the condition of deep-ocean ecosystems and the interests of Pacific island communities. Because the U.S. and international tracks operate under different legal systems, safeguards adopted for one part of the ocean would not automatically govern the other.

Sources

• International Seabed Authority environmental-thresholds consultancy call
• U.N. Indico record of the ISA 31st session
• Associated Press report on proposed American Samoa leases