Latest / How To Protect The Ocean / Why the US Might Start Deep Sea Mining (And What It Means for the Ocean)
Transcript
- 0:00Have you ever wondered why the U.S.
- 0:02hasn't really been brought up in the
- 0:04conversation of deep sea mining?
- 0:06That's because it's never really been a
- 0:07topic, probably because they can't really
- 0:10deep sea mined in international waters
- 0:12because they are not part of the United
- 0:14Nations Convention of the Law of the Sea,
- 0:16which plays a big role in shaping,
- 0:19you know, the deep sea
- 0:19mining and the fact that the U.S.
- 0:21is not part of it has played another deep
- 0:24role, a huge role in the country
- 0:26and not being able to approach deep sea
- 0:28mining both legally and politically.
- 0:30So here is today we're on the podcast.
- 0:33We're going to be
- 0:34talking about why the U.S.
- 0:36hasn't got into it and latest
- 0:37thing of the metals company,
- 0:39which is a Canadian company,
- 0:40trying to work with the U.S.
- 0:42and Donald Trump to actually start mining
- 0:44within the deep sea,
- 0:47within their natural borders, within the
- 0:49United States exclusive economic zone.
- 0:51We're going to be talking about that on
- 0:52today's episode of the How to Protect
- 0:55the Ocean podcast, a scary topic. The U.S. is not a signatory of the United
- 1:50Nations Convention on the Law of the Sea,
- 1:53which is known as UNCLOSE.
- 1:55I'm going to call it that
- 1:56because it's easy to do.
- 1:56I know it's jargon, but it has a domestic
- 1:58laws, but also has
- 1:59domestic laws governing deep sea
- 2:01money. So the big question here, once it
- 2:03came out, people are freaking out.
- 2:05Look, Donald Trump is president.
- 2:07You never know what's going to happen.
- 2:09He tends to like extractive processes.
- 2:12Deep sea mining is an extractive process
- 2:13that could be a little lucrative in terms
- 2:16of the money it brings not only to the
- 2:17companies that work with the countries
- 2:20that would like this to
- 2:21happen, but also, you know,
- 2:23the country itself, they want to make
- 2:25money and they want to be able to use
- 2:26their natural resources to make money.
- 2:28So I can't blame them.
- 2:29Then somebody like Donald Trump, who is
- 2:31into making money and is not
- 2:33having a great three months,
- 2:34depending on how you look at it.
- 2:36But the lately the stock market has
- 2:38crashed from his
- 2:38tariffs, his reciprocal tariffs,
- 2:40you know, taxing islands that are not
- 2:43inhabited, only inhabited by
- 2:44seals and penguins and stuff.
- 2:46And so it's not going great.
- 2:48Now, this is not going to make him
- 2:50popular for a lot of people,
- 2:53which he doesn't care about.
- 2:55But there are some really interesting
- 2:57matters at hand of can the US actually
- 3:00use, you know, the metals
- 3:02company to be their exploratory
- 3:05deep sea mining company?
- 3:07And that's really what it comes down to.
- 3:09There was a great article written by Dr.
- 3:11Andrew Thaler, who's been on the podcast
- 3:12a number of times to talk about deep sea
- 3:15mining and the deep sea.
- 3:16He's a deep sea ecologist.
- 3:17It's involved in a lot of projects.
- 3:19The last time we actually had him on, he
- 3:21was talking about his foray
- 3:22into D and D for forest ecology,
- 3:25Dungeons and Dragons with no community
- 3:28members for forest ecology.
- 3:31So he talks a lot of a lot about things.
- 3:32But his main focus right now is deep sea
- 3:35mining and has been over the last his
- 3:37whole career, really,
- 3:38because he did his PhD in it.
- 3:40And it's been the editor of the largest
- 3:42deep sea mining magazine in the world.
- 3:44And he just keeps writing on Southern
- 3:46Fried Science dot com, which was his blog
- 3:48that he started with a number of
- 3:49different colleagues back in the day.
- 3:50And it's just it's an amazing article.
- 3:52I highly recommend that you take a look
- 3:54at it because we're going to be talking
- 3:55about it all day today on this episode
- 3:57all day during this episode, which
- 3:59doesn't take all day to record.
- 4:00I trust you. Trust me.
- 4:02But we're going to be talking about it.
- 4:04And so go over to
- 4:05Southern Fried Science dot com.
- 4:06Check out the article.
- 4:07I'll put the link in the show notes.
- 4:08But he talks about relevant US
- 4:10legislation that matters when we're
- 4:13looking at deep sea mining in the US.
- 4:15So it's really can this
- 4:17company in particular do this?
- 4:19They're probably the best place company
- 4:22because they have so much money invested.
- 4:24They have the technology.
- 4:25They know the technology.
- 4:26They've been working
- 4:26with the ISA for a while.
- 4:28Now, the reason why they're going to the
- 4:29US is because the ISA has recently
- 4:31changed secretary generals.
- 4:34The secretary general now is
- 4:37I'm trying to miss Leticia.
- 4:39And if I can remember her
- 4:41last name, I don't know.
- 4:42I still have the article up here.
- 4:46Sorry, Miss Leticia race de Cavallo, who
- 4:50was who was basically elected, started
- 4:52her secretary general
- 4:53position on January 1st, 2025.
- 4:57She is also an oceanographer.
- 4:59She is the fourth
- 5:00secretary general of the ISA.
- 5:02And she was elected in August and it was
- 5:05a bit of a surprise because the ISA
- 5:07secretary general that that was there
- 5:08before he was known to be a little bit
- 5:12more biased towards the companies.
- 5:14I don't know if that's true or not, but
- 5:16some of his policies that came out, some
- 5:17of his focuses have come out
- 5:19that said, hey, you know what?
- 5:20Like, yeah, we're gonna we're gonna mine.
- 5:21Eventually, it's just a matter of doing
- 5:23the regulations and figuring this out.
- 5:24Well, a lot of other people are like,
- 5:25let's pause, even killing many countries.
- 5:28Let's just pause this and let's figure
- 5:29out whether this is
- 5:30going to be safe or not.
- 5:31So the election spark or the election
- 5:34came up because Miss
- 5:36Leticia was like, you know what?
- 5:38I think I can do a better job.
- 5:39I can be more partial.
- 5:40I'm an oceanographer.
- 5:41I understand what's happening in the deep
- 5:42sea of better understanding than most.
- 5:45And so she gets elected all of a sudden.
- 5:47Great for the environment.
- 5:49At least we have somebody who has a
- 5:50background in oceanography.
- 5:51We've been asking for people in these
- 5:53positions to have that type of background
- 5:55and not just a business background.
- 5:57So I say it was like we
- 5:58need to hold off on the money.
- 6:00We need to do more research and we need
- 6:01to discuss this a little bit more.
- 6:03TMC was like the Meadows Company.
- 6:05The Canadian company was like, no, no, I
- 6:06don't want to do that.
- 6:08I want to I want to mine.
- 6:09I'm sick of this.
- 6:09And I know I'm not going to get the
- 6:11answers that I need in
- 6:13this like in this forum.
- 6:15So I'm going to go to a democracy country
- 6:20that has a new president who's very into
- 6:22extractive processes.
- 6:25And I'm going to go ahead and talk to
- 6:26Donald Trump and say, hey, Donald.
- 6:28Hey, Mr. President.
- 6:29Let's how about we start extracting
- 6:31polymetallic nodules off this off the sea
- 6:34floor in jurisdiction like in a
- 6:37jurisdiction for the U.S.
- 6:40And so apparently, according to studies
- 6:43or according to reports, the
- 6:45administration surprise surprise is
- 6:47interested in that kind of stuff.
- 6:48And so we're going to discuss some of the
- 6:50relevant legislation, U.S. legislation
- 6:52that matters in this in this situation.
- 6:55So the first thing I identified by Dr.
- 6:57Andrew Taylor was the Deep Sea Hard
- 6:59Mineral Resources Act, which regulates
- 7:01exploit exploration,
- 7:03exploitation of deep sea minerals.
- 7:05The other one is the outer criminal
- 7:07criminal outer
- 7:08continental shelf Lands Act.
- 7:11It extends U.S. laws to the seabed and
- 7:13subsoil of the outer continental shelf.
- 7:16And then there's the Jones Act, which is
- 7:17also known as the Marine as the Merchant
- 7:19Marine Act of 1920, which mandates the
- 7:22cargo transporter between U.S.
- 7:23points must be on vessels built owned and
- 7:26operated by U.S. citizens.
- 7:29So here is the thing for the compliance
- 7:33to meet for the TMC
- 7:34to meet the compliance.
- 7:37It really comes down to the Jones Act,
- 7:40the hidden gem, which is a vessel owned
- 7:41by all seas, which is a
- 7:43Dutch company works for TMC.
- 7:47The MV Coco, which is owned by Magellan
- 7:52based in Guernsey, which I believe is
- 7:55foreign, I think it's in
- 7:57France, they are not U.S. owned.
- 8:01Neither vessel complies with the Jones
- 8:03Act requirements, posing a significant
- 8:05operational challenge for TMC.
- 8:06So essentially what happens is for this
- 8:09to be in compliance with the Jones Act,
- 8:10the ship that's carrying the cargo from
- 8:13point where they extract it.
- 8:14So point A to point B back to
- 8:16a U.S. port has to be American.
- 8:19Right now, the TMC does not have an
- 8:21American ship. Does that mean they can't
- 8:23get an American ship?
- 8:23I'm sure they can find it. I'm sure they
- 8:25can figure it out. But at this point,
- 8:27they may not be able to use that.
- 8:30The other thing too is because the Outer
- 8:32Continental Shelf Lands Act extends
- 8:34jurisdiction to certain seabeds, certain
- 8:37seabed areas potentially like outside of
- 8:40the U.S. jurisdiction.
- 8:42This classifies TMC's mining sites as
- 8:44U.S. points once
- 8:46operations are commenced.
- 8:47So essentially the loophole of saying,
- 8:49hey, you know what, even though this is
- 8:50beyond your
- 8:50jurisdiction, this is our land.
- 8:53So going into like the Gulf of Mexico and
- 8:55certain places in Mexico
- 8:56are actually available.
- 8:58Well, not so because it's still be
- 9:00considered American jurisdiction
- 9:01according to the Outer
- 9:02Continental Shelf Lands Act.
- 9:04So that means they still have to the
- 9:06Jones Act still applies.
- 9:07They still have to use
- 9:08American vessels again.
- 9:10Can they get American vessels?
- 9:11I'm sure they can find
- 9:12something they don't.
- 9:13They're not. I don't know what their
- 9:15contracts are like with
- 9:15the other two vessels.
- 9:16But, you know, I'm sure they can figure
- 9:18it out if they really, really want to, if
- 9:20they're motivated,
- 9:20which seems like they are.
- 9:22So it's it's pretty interesting.
- 9:26The U.S. Mexico Western
- 9:27Gap Treaty extended over U.S.
- 9:31jurisdiction over a specific high seas
- 9:34areas, indicating that U.S. can assert
- 9:36jurisdiction over seabed resources,
- 9:37resources beyond their jurisdiction in
- 9:40the exclusive economic zone.
- 9:41So that's something of interest.
- 9:44And if the U.S. claims jurisdiction over
- 9:45high seas resources, the Jones Act does
- 9:47apply, as I mentioned before.
- 9:49So to comply with the Jones Act, TMC
- 9:51would have to use vessels that meet the
- 9:52stringent requirements,
- 9:54which the current fleet does not.
- 9:56And this regulatory hurdle could
- 9:57complicate TMC strategies to operate
- 9:59under U.S. jurisdiction and may require
- 10:01significant adjustments
- 10:02to their operational plans.
- 10:04And to be honest, if the U.S. gets the
- 10:05idea of starting to, you know, mine for
- 10:08these polymetallic nodules, what's in it
- 10:12for them to say, hey, we're
- 10:13going to hire a Canadian company?
- 10:14Look, let's be honest, they're not.
- 10:16Canada is not in favor
- 10:16with the U.S. right now.
- 10:17Also, they they want it for themselves.
- 10:21There's nothing stopping them from
- 10:22saying, hey, you know what?
- 10:23We're actually just going to get a
- 10:24company ourselves or do it by government
- 10:26and we'll figure it ourselves and we'll
- 10:27take the time and we'll get the relevant
- 10:30information, the relevant technology, the
- 10:33relevant ships and we'll do it our way.
- 10:35You know, mind you, they
- 10:36could also change their laws.
- 10:37So there's a bit of a bit of a scary
- 10:41thing going on here is really what it
- 10:43comes down to is like, is the U.S. really
- 10:45going to take this seriously?
- 10:46I haven't heard anything else in the news
- 10:47since this has happened, but this was
- 10:49very worrisome a week ago
- 10:50when this first came out.
- 10:52And I'm glad Andrew
- 10:53started talking about it.
- 10:54I'm also glad that Chris
- 10:55Corbero started talking about it.
- 10:58She is on TikTok and she
- 10:59has a great post on it.
- 11:00I'll link to it in the show notes on, you
- 11:03know, how you can act
- 11:04and what you can do.
- 11:05But I think it's it's super important to
- 11:07be able to talk about this and to be able
- 11:08to say, hey, you know what?
- 11:10This is something that
- 11:11we need to talk about.
- 11:12This is something that we need to assess
- 11:14whether it is a threat or not.
- 11:17This is something that we can't just let
- 11:19it go by, you know, because there's been
- 11:21a lot of work that's
- 11:22been pushed onto the I.S.A.
- 11:24in terms of non-government organizations,
- 11:26scientists, governments who have been
- 11:28put, who have been put a lot of research,
- 11:30a lot of money and a lot of time and to
- 11:31make sure that we do this properly.
- 11:34And although some have been rushed into
- 11:36it and others have not, it seems to have
- 11:38been pretty much gone in a way that we,
- 11:41as Andrew says, we have this
- 11:42wonderful opportunity to do this right.
- 11:45If we are going to extract minerals, we
- 11:48can do the studies to make sure that
- 11:49nothing happens or to do it in a way that
- 11:52we have the least amount of impact on it.
- 11:54Am I for deep sea mining?
- 11:55Absolutely not.
- 11:56Do I think it's going
- 11:57to happen in my lifetime?
- 11:58Probably.
- 11:59Is it going to affect
- 12:00the the the EV community?
- 12:03Because that's why people want a deep sea
- 12:04minus for electric vehicles to have the
- 12:07metals to make the batteries, which are
- 12:09currently mined in many places.
- 12:12But mostly in the Republic of Congo,
- 12:15which there are a lot of human rights
- 12:16violations that are
- 12:17associated with that project.
- 12:19And so being able to have it where human
- 12:21rights are not affected and be able to
- 12:23have it where you can just extract it as
- 12:24you please, that would be helpful if this
- 12:28extraction is going to happen.
- 12:29Now, with the the developments, the huge
- 12:32developments and advancements in the
- 12:34technology to create batteries where the
- 12:36metals are used for electric vehicles,
- 12:39some of them are using
- 12:40these metals anymore.
- 12:42And they're they're much more sustainable
- 12:44in the way we dispose of them and the way
- 12:48we use them, the way we build them.
- 12:49So the development is getting fast.
- 12:51The technology is
- 12:52increasing at a rapid rate.
- 12:54Do we need this in the long run?
- 12:55Hopefully not.
- 12:56Is this going to happen in my lifetime?
- 12:58I do think so, but
- 12:59I'm not happy about it.
- 13:00But if we're going to
- 13:00do it, let's do it right.
- 13:01And let's make sure that we are on the
- 13:03proactive side instead of the reactive
- 13:05side, which we're usually on the end of
- 13:07the reactive side when we're extracting
- 13:10marine resources or any type of thing.
- 13:11So, you know, if you want to do it, you can do it and you can do it.
- 13:12But I do want to make sure that we're doing it. I mean, I think it's a pretty good idea to do it, but I really like how you build on it. So, you know, I'm going to do a little bit of a quick demo, which is a little bit of a quick demo because it's going to be a really nice video about how we're going to create these different types of resources around the sea
- 13:12or around nature in general.
- 13:14So this is what we're talking about today
- 13:17and I'd love to hear
- 13:17your opinion on that.
- 13:19Hit me up on Instagram at
- 13:20how to protect the ocean.
- 13:22I've got a different episode of the on
- 13:24YouTube if you want to
- 13:25check that out as well.
- 13:27There's not a lot of resources.
- 13:28I just said it in a different
- 13:29way because I'm doing it more.
- 13:30It's going to be a little shorter.
- 13:38But I want to create
- 13:39something different for the audio.
- 13:41Just a little bit more raw, a little bit
- 13:43more old school for me
- 13:44in terms of the way I do
- 13:45it.
- 13:46It kind of excites me a little bit.
- 13:48YouTube's great.
- 13:48I love doing the video, but it's going to
- 13:50be done a little differently.
- 13:51So we're going to do
- 13:52it in different ways.
- 13:53So you can listen to it on video or on
- 13:55your way to work through
- 13:57audio or on your dog walks
- 13:59or in your nature walks or however you
- 14:00want to do it
- 14:00exercising, however you want to
- 14:02do it.
- 14:02Just listen to me, please.
- 14:04I'm just kidding.
- 14:05I love that you listen to me and I love
- 14:06the feedback even more.
- 14:08So hit me up on Instagram at how to
- 14:10protect the ocean or hit me up on the
- 14:12website speakupforblue.com.
- 14:14That's speakupforblue.com.
- 14:17Check it out.
- 14:17There's you can leave me a voice memo.
- 14:19You can go to our contact page and you
- 14:21can just write me an email.
- 14:23I answer that personally.
- 14:24I'd love to hear your
- 14:25thoughts on all of this.
- 14:27So thank you so much for joining me on
- 14:28today's episode of the How
- 14:29to Protect the Ocean podcast.
- 14:30I'm your host, Andrew Lewin from the True
- 14:32North strong and free.
- 14:33Have a great day.
- 14:34We'll talk to you next
- 14:34time and happy conservation.