Seabed Minerals Authority (SBMA) Commissioner Alex Herman and Technical Officer Tanga Morris recently participated in an International Seabed Authority (ISA) council meeting in Jamaica. The purpose of the meeting was to continue negotiations on the draft rules for seabed minerals exploitation in international waters.

While the SBMA is responsible for managing seabed minerals (SBM) activities in Cook Islands waters – the ISA is the United Nations (UN) body responsible for SBM activities in international waters.

In 2000, the ISA developed rules for nodule exploration activities. Today, there are 31 exploration contracts currently managed by the ISA. The Cook Islands sponsors one of the nodule exploration contracts.

The ISA has been developing draft rules for exploitation activities since 2014.

In June 2021, Nauru used a provision under the UN Law of the Sea requesting the ISA complete the exploitation rules within two years, as its sponsored contractor intended to apply for an exploitation contract. The two-year deadline expires on 9 July 2023. Nauru has since indicated that it does not plan to support any application for exploitation by the deadline. Any application received by the ISA will be subject to requirements and processes, although it is not yet clear the specific rules that will apply.

The activation of this provision has led to a significant increase in the efforts by countries and stakeholders to complete the draft rules.

“Previously, the ISA would only meet once a year. Now we are meeting three times a year to progress these regulations,” said Herman. “It is a burden on our limited resources. However, given the importance of these rules to the Cook Islands SBM interests, it is vital that we participate and ensure our views are included”.

The draft rules have been split into four main areas: (1) financial terms; (2) protection and preservation of the marine environment; (3) inspection, compliance and enforcement; and (4) institutional matters. Another key issue discussed is what the ISA will do if the rules are not fully completed by the July deadline.

“By the far the biggest body of work are the marine environment rules, which is chaired by Dr Raijel Taga of Fiji. Dr Taga is doing an excellent job of facilitating this work” said Herman.

During the meeting, the Cook Islands reiterated its position, summarised as follows:

The Cook Islands agrees on the need for a strong regulatory framework to be put in place, based on robust scientific evidence, that ensures the effective protection of the marine environment before any exploitation of seabed minerals can occur, in line with the precautionary approach.

The Cook Islands agrees that more information is needed before any decisions can be made about whether exploitation can occur. However, we do not believe that the various moratorium proposals provide the means to achieve it.

Some of the moratorium calls are often unclear and set arbitrary timeframes that are not linked to solving the problem of obtaining the necessary information about potential impacts and how they can be managed to ensure protection of the marine environment. Most of these moratorium calls do not address how the research needed to obtain this information can be undertaken in any practical way and may discourage investment in further research.

The Cook Islands’ view is that, in order to be able to make informed decisions, exploration research activities should be allowed, and encouraged to continue. Only then can we make decisions about this industry’s future and understand what is needed to develop a sustainable, science-based, and well-regulated SBM sector.

The Cook Islands remains committed to working collectively and constructively on finalising the draft exploitation regulations in good faith, to ensure we have robust environmental standards, in line with the precautionary approach.

“Several delegations approached us after we explained our precautionary approach and views on the moratorium calls to voice their agreement,” said Herman.

Cook Islands with delegates from Fiji, FSM, Palau, Tonga and Vanuatu

The Pacific SIDS participating at the meeting included: Cook Islands, Federated States of Micronesia, Fiji, Nauru, Palau, the Kingdom of Tonga and Vanuatu. New Zealand and Australia also participated from the Pacific.

“We were very pleased to continue dialogue with our Pacific family and discuss the relevant issues through talanoa. Talanoa is a nuanced and powerful space to listen and to be heard. To share our common interests. To have open and frank discussions, and always with respect and sound appreciation of our differences.” said Herman. “We look forward to continuing our discussions as we progress through these negotiations.”

Morris delivering a statement on behalf of the Cook Islands

Last year Morris undertook a two-month technical internship at the ISA. “Working behind the scenes with the ISA Secretariat helped me this year when I returned as part of the Cook Islands delegation,” said Morris. Morris said her internship experience exposed her to diverse perspectives and accelerated her learning, providing a unique opportunity for personal and professional growth.

The next ISA meeting will be held in July. “As is our sovereign right as a member country and a Sponsoring State, the Cook Islands will be participating in the next round of negotiations to ensure our voice is heard” said Herman.

“We will also do our part to ensure that we are developing a robust regulatory regime for SBM activities in international waters, that ensures the effective protection of the marine environment,” said Herman.

A summary of the ISA March meeting can be found here.

Queries may be directed to Kaitini Herman: [email protected]

News & Press Releases

Cook Islands participates in international seabed negotiations