Notice2022-18518
Deep Seabed Mining: Approval of Exploration License Extensions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NOAA is announcing the approval of a five-year extension request for two deep seabed hard mineral exploration licenses issued under the Deep Seabed Hard Mineral Resources Act (DSHMRA). The decision to approve the extensions follows a review of the request and activities performed by the Licensee pursuant to the exploration plan for the licenses, the proposed exploration plan, comments submitted on the request, and a determination that the Licensee has substantially complied with the licenses, their terms, conditions and restrictions, and the associated exploration plan. No at-sea exploration activities are authorized by these extensions without prior written authorization and further environmental review by NOAA.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52743-52745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18518]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Deep Seabed Mining: Approval of Exploration License Extensions
AGENCY: Office for Coastal Management, National Ocean Service, National
Oceanic and Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of extension of deep seabed hard mineral exploration
licenses.
-----------------------------------------------------------------------
SUMMARY: NOAA is announcing the approval of a five-year extension
request for two deep seabed hard mineral exploration licenses issued
under the Deep Seabed Hard Mineral Resources Act (DSHMRA). The decision
to approve the extensions follows a review of the request and
activities performed by the Licensee pursuant to the exploration plan
for the licenses, the proposed exploration plan, comments submitted on
the request, and a determination that the Licensee has substantially
complied with the licenses, their terms, conditions and restrictions,
and the associated exploration plan. No at-sea exploration activities
are authorized by these extensions without prior written authorization
and further environmental review by NOAA.
FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, 240-560-8518,
<a href="/cdn-cgi/l/email-protection#6a210f18181344210f02050f2a04050b0b440d051c"><span class="__cf_email__" data-cfemail="eba08e999992c5a08e83848eab85848a8ac58c849d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On January 31, 2022, Lockheed Martin
Corporation (Licensee or ``LMC'') requested that NOAA extend LMC's two
DSHMRA exploration licenses. The licenses are known as USA-1 and USA-4.
When originally issued by NOAA in 1984, USA-1 and USA-4 were for a
term of ten years. DSHMRA requires that requests to extend exploration
licenses be approved every five years if the licensee has substantially
complied with the licenses, their terms, conditions and restrictions,
and the associated exploration plan.
On March 18, 2022, NOAA published a Federal Register notice (FRN)
announcing the receipt of LMC's extension request for USA-1 and USA-4,
and soliciting comments on whether the Licensee has met the statutory
requirement of showing substantial compliance (87 FR 15408). NOAA also
solicited comments from the Western Pacific Fisheries Management
Council (WPFMC) and the U.S. Department of
[[Page 52744]]
State. NOAA's response to comments is included in this notice.
Upon determining that the Licensee has substantially complied with
the licenses, their terms, conditions and restrictions, and the
associated exploration plan, and that the extension of these licenses
qualifies for a categorical exclusion pursuant to National
Environmental Policy Act (NEPA), NOAA has approved a five-year
extension of the licenses through June 2, 2027. The extension maintains
the proprietary interests that the licenses confer upon the Licensee
but does not authorize LMC to conduct at-sea exploration activities
pursuant to the licenses. Prior written authorization and further
environmental review by NOAA is required before any at-sea exploration
may be undertaken pursuant to these licenses.
Response to Comments: As noted above, in addition to the FRN
requesting comments on the extension request, comments were solicited
from WPFMC and the U.S. Department of State. No comments were received
from the WPFMC. The Department of State reviewed the request and had no
objections or comments.
NOAA received one response to the FRN request for comments which
was a joint letter by various organizations opposed to deep seabed
mining and urging NOAA to deny the extension request and cancel the
exploration licenses. The comments focused on three themes, all of
which are asserted to support the conclusion that NOAA should deny the
extension request and cancel the exploration licenses: (1) the
environmental impacts of deep seabed mining are unacceptable; (2) there
is too little known about the deep seabed environment and ecosystem to
determine whether impacts would be acceptable; and (3) the designation
by the International Seabed Authority of an Area of Particular
Environmental Interest that partially overlaps with the USA-1
exploration license should preclude exploration activities in that area
of the license. The comments are summarized below with responses by the
NOAA Office for Coastal Management.
Comment: Deep seabed mining poses innumerable risks to the ocean
environment and the fragile ecology of the deep sea, and the Biden
administration should decline to extend these licenses due to the
lasting and permanent damage they could inflict on the world's oceans.
Response: NOAA agrees that deep seabed mining may pose risks to the
ocean environment and ecology of the deep sea, and that any proposal to
conduct deep seabed mining needs to be carefully considered; however,
these DSHMRA exploration licenses do not authorize mining. As noted in
the FRN announcing the extension request and soliciting comments, no
at-sea activities may be conducted pursuant to these exploration
licenses without further environmental review and additional prior
written authorization by NOAA. Further, pursuant to the applicable
requirements of DSHMRA, NOAA is obligated to extend existing
exploration licenses where, as here, a licensee has ``substantially
complied with the license and exploration plan and has requested an
extension of the license.'' See 30 U.S.C. 1417.
Comment: Deep sea mining poses a very large risk. We may not
understand its environmental impacts until after it has caused long-
lasting damage to the marine environment. There are few categories of
publicly available scientific knowledge comprehensive enough to enable
evidence-based decision-making regarding environmental management.
Marine scientists are just on the forefront of understanding deep sea
species and environmental function, and there remains little known
about how far species range, how populations are connected, and the
potential impacts of spreading sediment plumes. Further information on
deep-sea environmental baselines and mining impacts is critical for
this emerging industry. Closing the scientific gaps related to deep
seabed mining is a monumental task that is essential to fulfilling the
overarching obligation to prevent serious harm and ensure effective
protection, and will require clear direction, substantial resources,
and robust coordination and collaboration. DSHMRA requires that any
exploration and recovery activities ``protect the quality of the
environment.'' There is insufficient information for NOAA to proceed
with issuance of deep seabed mining licenses and permits.
Response: Exploration activities and their effects are distinct
from mining for commercial recovery. Exploration is a means to close
scientific gaps so that licensees and decision makers can be better
informed if and when mining for commercial recovery is actually
proposed. In addition, as noted above, no at-sea activities may be
conducted pursuant to these exploration licenses without further
environmental review and authorization by NOAA. Any additional
authorization by NOAA would occur only after a determination that
proposed activities cannot reasonably be expected to result in a
significant adverse effect on the quality of the environment. See 30
U.S.C. 1415(a)(4).
NOAA supports the development of additional scientific knowledge to
better inform evidence-based decision-making for deep seabed mining.
Decision-making on seabed mining should be guided by the best available
scientific information on the marine environment and ecosystem, and the
risks posed by mining and associated operational practices. Where
information is lacking, NOAA will seek to support necessary data
collection and synthesis, leveraging Federal, non-Federal, and
Indigenous expertise and partnerships, and ensure resulting Federal
data and information are publicly accessible and transparent.
Comment: The areas at issue in Lockheed Martin's licenses, USA-1
and USA-4, are particularly sensitive and are not suitable for deep sea
mining. At the December 2021, meeting of the International Seabed
Authority (ISA), the ISA's Legal and Technical Commission recommended
that four areas within the Clarion Clipperton Zone be added to a
network of ``Areas of Particular Environmental Interest'' (APEI), also
known as protected areas. These areas would be added to nine existing
APEIs which would not be subject to exploitation contracts through the
ISA. One of the new protected areas (APEI-13) overlaps with one of
Lockheed's leases under DSHMRA, and calls into question whether the
United States should continue to authorize mining in an area that the
ISA has determined to be an important ecosystem of unique biodiversity.
Upon this backdrop, and because there is no way deep sea mining can be
done safely, we urge NOAA to deny Lockheed Martin's request for
extension of its licenses in the Clarion Clipperton Zone of the Pacific
Ocean.
Response: The overlapping designation of an Area of Particular
Environmental Interest by the International Seabed Authority will be
considered if and when at-sea exploration activities are proposed by
the Licensee. Again, additional activities will be allowed only if NOAA
determines that those activities cannot reasonably be expected to
result in significant adverse effect on the quality of the environment.
Comment: If the Biden Administration aspires towards becoming a
party to the United Nations Convention on the Law of the Sea in order
to participate more fully and actively in the activities of the
International Seabed Authority, NOAA must cancel Lockheed Martin's
licenses under DSHMRA. This action is consistent with the mandate of
[[Page 52745]]
DSHMRA to protect the environment, and signals a willingness to the
international community to abide by the international standards of
protection that will preserve the marine environment from the harmful
impacts of mining activities.
Response: As noted above, NOAA is statutorily obligated to approve
extension requests for exploration licenses for five years upon a
finding that the licensee has met the terms and conditions of the
licenses, and associated exploration plan.
NOAA recognizes the importance of a stable, science-based,
internationally recognized regulatory framework for seabed mining that
is harmonious with the U.S. seabed mining regulatory regime and ensures
effective protection for the marine environment from harmful effects of
seabed mining activities.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management,
National Ocean Service, National Oceanic and Atmospheric
Administration.
[FR Doc. 2022-18518 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-08-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 29, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.