L-R: ISA Chief of Staff Marie Bourrel-McKinnon, Commissioner Alex Herman, Cook Islands Prime Minister Mark Brown, Secretary-General Michael Lodge, Licensing & Compliance Officer Te-Ara Henderson and Senior Knowledge Management Officer Rima Browne.

The Cook Islands recently participated in the 28th session of the International Seabed Authority (ISA) in Jamaica, which included meetings of the Council and Assembly. The ISA is the body responsible for seabed minerals (SBM) activities in international waters, while the Seabed Minerals Authority (SBMA) is responsible for managing SBM activities in Cook Islands waters.

Overall, it was a productive and successful round of meetings, with positive progress on the international rules for exploitation (minerals harvesting/mining). Highlights included Rima Browne being recognised with an international award, greater collaboration amongst Pacific countries attending the ISA, and Prime Minister Mark Brown addressing the ISA on the Cook Islands precautionary approach to SBM development.

Council meeting (10 – 21 July 2023)

Commissioner Alex Herman and Licensing and Compliance Officer Te-Ara Henderson represented the Cook Islands in Part II of the Council session.

The main focus of the Council was to continue negotiations on the draft exploitation regulations (Regulations) for the international seabed area. The draft Regulations are 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.

Given the broad range of technical issues covered, several government agencies also provided support, including Crown Law, Ministry of Finance and Economic Management, Ministry of Foreign Affairs and Immigration, and the National Environment Service. The Commonwealth Secretariat also provided technical advice and support.

“We are grateful for their expertise and assistance to ensure that the Cook Islands engaged effectively in these negotiations,” said Henderson

“We look forward to their ongoing involvement, so we can do our part to develop a robust set of rules for international waters”.

While significant progress was made on the draft Regulations over the last two years, including this latest session, they were not completed by the 9 July deadline. As such, a new roadmap was agreed to, with the intention to complete the draft Regulations by 2025.

“It came as no surprise when we did not meet the deadline as this is a big body of work with varying progress amongst the different parts,” said Herman.

“There are many stakeholders involved in the negotiations and we have all committed to engaging in good faith to complete these Regulations so we can ensure the effective protection of our marine environment and provide for the equitable sharing of benefits with humankind as a whole”.

Assembly meeting (24 – 28 July 2023)

L-R: Cobalt Seabed Resources Director Mike Henry, SBM Commissioner Alex Herman, Prime Minister Mark Brown, Licence & Compliance Officer Te-Ara Henderson and Senior Knowledge Management Officer Rima Browne

Prime Minister Brown, along with Senior Knowledge Management Officer Rima Browne and Cobalt Seabed Resources Director Mike Henry, joined the Cook Islands delegation for the Assembly meeting.

PM Brown addressed the ISA and reflected on the Cook Islands decades-long journey to developing its SBM sector responsibly and sustainably, sharing that almost 50 years ago Sir Albert Henry also spoke about the Cook Islands hopes and aspirations in relation to the ocean.

PM Brown shared the Cook Islands history as “proud voyagers and stewards of our ocean, ensuring that we proceed with caution to enable both the conservation and the sustainable use of our marine resources” and also reflected on the Cook Islands current journey of discovery and understanding of the deep sea, calling for more extensive scientific research.

“We are voyagers still today, undertaking a voyage of discovery. But our new voyage doesn’t take us across the ocean – it will take us beneath the ocean. To make new discoveries as our ancestors did, to gain the knowledge and understanding of our deep ocean.” said PM Brown.

PM Brown also reiterated the Cook Islands support for the ISA as the body entrusted with the mandate for activities in the international seabed area.

PM Brown’s speech is available here.

Other Heads of State and Ministers also delivered statements in the Assembly, including the President of the Republic of Nauru, the Minister of State of Jamaica, and the Secretary of State of France.

With regards to the proposed discussion in future Assembly meetings on the role of the Assembly in the conservation and protection of the marine environment, the Cook Islands welcomes this.

SBMA also congratulates Te Ipukarea Society, represented by Director Allanah Smith, on obtaining observer status with the ISA during this Assembly meeting.

Cook Islands precautionary approach reiterated

During the ISA 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 some of the proposals for a moratorium or precautionary pause, 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 the 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 progressing the draft exploitation regulations in good faith, to ensure we have robust environmental standards, in line with the precautionary approach.

Collaboration amongst Pacific countries attending the ISA

This ISA session saw Pacific countries engaging more actively compared to previous sessions, reflecting the importance placed on SBM activities in the international area, particularly within the Blue Pacific Continent, where most activities are currently taking place.

Pacific countries also collaborated on joint statements in both the Council and Assembly, with the Assembly joint statement including all Pacific countries attending the ISA session, namely: Australia, the Cook Islands, Fiji, Kiribati, Micronesia, Nauru, New Zealand, Palau, Tonga, and Vanuatu.

“As Pacific peoples, I am pleased that together, we voiced our shared values and interests on the development of SBM activities in the international seabed Area,” said Herman. “This is in line with our commitment towards regional cooperation and collective action for the security, prosperity and wellbeing of our Blue Pacific Continent.”

“Together, we stressed the need for robust and environmentally sound rules before any exploitation can occur in order to ensure the effective protection of the marine environment, and highlighted the importance of marine scientific research” said Herman, adding that “Whilst we may have differing positions, we are all united in our commitment to ensure the protection of the ocean and the marine environment”.

**Government and civil society representatives from the Pacific attending the ISA**

Rima Browne receives international award for Deep-Sea Research Excellence

Of special note was Senior Knowledge Management Officer Browne receiving the Secretary General’s award for excellence in deep-sea research for her development of a geomorphological map of the Cook Islands.

Browne is the first recipient of this award from the Pacific region, marking a significant achievement. SBMA are very proud of Browne’s achievement, and look forward to seeing her continue to lead, succeed and inspire others.

Release on Rima Browne’s receipt of this award here.

Cook Islands donate Vaka and nodules to ISA museum

Prime Minister Brown also donated a Vaka and Cook Islands polymetallic nodules to the Nii Allotey Odunton Museum. The museum includes artifacts as well as seabed minerals found from around the world.

“I am pleased to contribute this piece which features both our Cook Islands cultural heritage as well as nodules found within our national waters. It reflects our journey of discovery to better understand our deep sea and to responsibly develop our seabed minerals” said PM Brown.

The inscription on the Vaka reads: “As people of Moana Nui O Kiva, our history is intertwined with the ocean that sustains and connects us. Guided by the spirit of the Vaka and sky, our ancestors bravely explored the seas, discovering new lands and resources. With continuing respect for our environment and a vision for the future, we again embark on a journey. This time to responsibly explore seabed minerals, carrying the hopes of our people and creating generational prosperity.”

Looking ahead, the Cook Islands will continue to engage in the international seabed process and advocate for robust rules to be put in place and science-based decision-making, to ensure the effective protection of the environment, in line with the precautionary approach.

“We are in a critical time for the seabed minerals sector, and the Cook Islands will do our part to lead with environmental stewardship, so we can establish a legacy of resilience and prosperity for generations to come,” said Prime Minister Brown.

“On a related note, I am very pleased to see the likes of up and coming leaders like Rima Browne, Teara Henderson, and Tanga Morris actively engaging in this forum” said PM Brown, “We need to continue to capacity build our people as they will be part of the important future decisions to come.”