What are the rules? Scientist worried over a lack of a regulatory framework for deep-sea mining in Marianas region
- Admin
- 2 days ago
- 3 min read
By Naina Rao
The clock is ticking for the Northern Mariana Islands and Guam to weigh in on a proposal that could significantly transform the U.S. territories’ surrounding marine environment. The window for public comment on the scoping exercise closes on Jan. 12, 2026.
The Bureau of Ocean Energy Management posted a request for information regarding a potential lease sale for deep-sea mining of seamount crusts in the Northern Marianas.
The urgency is magnified by the fact that the federal regulatory framework governing this process is dangerously obsolete, according to Dr. Jeffrey Drazen, a deep-sea scientist at the University of Hawaii in Manoa.
The federal agency responsible for these applications relies on the Deep-Sea Hard Minerals Act, a law written in 1980. “It’s 45 years old. It predates the International Seabed Authority,” said Drazen, who discussed his research on the impact of deep-sea mining on ecosystems during a webinar hosted by the environmental group Tano Tasi Yan Todu in December.
The U.S. has not signed the U.N. Law of the Sea convention and “is not party to the negotiations of the international seabed authority,” which is attempting to draft modern protections.
The policy vacuum means the CNMI is facing the prospect of resource extraction without essential regulatory clarity. For instance, Drazen said that current NOAA rules do not specify where in the water column mining waste can be discharged.
The lack of regulation is particularly concerning since adequate scientific baselines—a study of the ecosystem before mining occurs—are currently “not adequate” because they require a “time series of observation” that has not yet occurred. This stands in stark contrast to the international system, which, in areas such as the Clarion-Clipperton Zone, requires contractors to establish ecological baselines and develop conservation plans before any mining occurs.
The seafloor outside of the U.S. waters, including the CCZ base, the world’s “best-studied deep-sea mining area,” is managed by the International Seabed Authority, Drazen said.
The ISA operates under a dual mandate: “to promote mining” and to “ensure effective protection of the marine environment.”
To fulfill this mandate, the ISA requires exploration contractors to conduct ecological studies and generate baselines. They have also created massive “no-mining zones” within the CCZ, some measuring 400 kilometers on a side, specifically to protect biodiversity.
Drazen explained that a good baseline is essential because it allows scientists to assess the natural variability of the system so that "when mining begins, you can separate the mining-induced changes from just natural variation in the system.”
However, he said acquiring this data is a complex and time-intensive task. Current research suggests that one or two expeditions are "currently not adequate" to construct a robust baseline, because deep-sea ecosystems exhibit strong temporal and spatial variability. Sampling two sites only 100 kilometers apart, for instance, showed significant differences in communities.
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Drazen said good baselines require a time series of observations to capture the complete seasonal cycle or inter-annual changes.
Without this baseline, any leasing or exploitation permits issued now would authorize operations without any sense of the damage caused or the regulatory actions that could be taken.
These policy and scientific gaps affect the resources within a unique, vulnerable ecosystem in CNMI’s seamounts.
The primary resource of interest in the CNMI is seamount crusts, which contain essential metals such as cobalt, nickel and copper. Mining these crusts involves grinding the material off the rocks of the seamount to a depth of about 5 to 10 centimeters.
Drazen said this method is highly destructive to habitat-forming species, adding that seamounts host areas of high biodiversity and abundance, including complex coral forests where colonial corals can be thousands of years old, with some deep-sea corals living for nearly 5,000 years. Destroying such communities means that full recovery "will take thousands of years to rebuild,” he said.
This challenge is compounded by the fact that seamounts are “fragmented habitats.” At any given depth, suitable habitat exists only right on the seamount, separated by open water until the next one is reached.
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Drazen said this isolation limits populations' ability to recover after a disturbance, especially because deep-sea ecosystems have low resilience; natural recovery from similar impacts is typically incomplete even after 20 to 60 years.
Because seamount crust mining occurs at shallower depths (around 2,500 meters), the lack of federal rules on discharge-depth increases the risk of contamination spreading. Without regulations stipulating that the discharge occur deep below the surface, Drazen said there is a greater chance that metals and other effects could affect shallower reefs.
“Ultimately, society needs to decide under what circumstances deep-sea mining should occur,” Drazen said. He added that, while small groups or governments are often driving these processes, the RFI is a critical, current opportunity for CNMI residents to speak with representatives and “respond to this RFI and make your voices heard.”
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