An image from the National Oceanography Centre shows a carnivorous sponge, photographed during an expedition to the NE Pacific abyss and found in the Clarion-Clipperton Zone (CCZ). A recent executive order by US President Donald Trump could open the door to Nauru deep sea mining in the CCZ. Photo: National Oceanography Centre/ AFP
New information shows Canadian mining group The Metals Company (TMC) is a step closer to deep sea mining in international waters under controversial US laws.
Two Pacific nations, Nauru and Tonga, are involved as the company's partners, even though the US process sits outside international law. The developments were revealed in TMC's documents and announcements released this month.
Nauru's and Tonga's respective relationships with TMC go back more than a decade.
Both nations have special rights to a deep sea mining area of the Pacific Ocean known as the Clarion Clipperton Zone (CCZ) under international oceans law. Each partnered with TMC to explore their areas.
Until this year, those arrangements were through the International Seabed Authority (ISA), which the UN recognises as the world's deep sea mining regulator.
But in four months, these arrangements have changed after an executive order from President Donald Trump directed more US involvement in the deep sea mining industry.
The order has positioned the US as a deep sea mining regulator in international waters alongside the ISA. It has been criticised by the ISA, as well as several countries, NGOs, and legal experts for undermining international law.
TMC, on the other hand has leaned into it, frustrated with the ISA's lack of progress in developing commercial mining rules. To date, no commercial mining has occurred in the CCZ.
TMC's August documents confirmed it had sought a commercial mining permit through the US for part of Nauru's block in the CCZ.
The company declined an interview with RNZ Pacific, but its August documents said "commercial production" for this area could start in 2027.
Joey Tau, co-ordinator of the Pacific Network on Globalisation (PANG), has urged caution and warned deep sea mining was a huge unknown.
"There is more need for deep sea science and research, but one that is done independently, that benefits the common good of all humankind, and not one that is driven by industry," he said.
Joey Tau Photo: RNZ Pacific / Lydia Lewis
The documents also show TMC applied for two exploration permits for Nauru and Tonga's CCZ blocks through the US pathway. The company already has existing exploration contracts for these areas under the ISA.
The company stated both countries would receive benefits should mining occur. It was also committed to social and community initiatives.
However, Tau remains unconvinced about TMC's promises, and reiterated PANG's support for a moratorium on deep sea mining.
"Mining has a really bad history in this part of the world. You can [also] look at other continents - it has displaced people, it has brought about social differences," he said.
"This agenda being pushed - I think it is the recolonising of our region over and over. This time, we're made to think that we're in a driver's seat."
Drew Havea, the chairman of the Civil Society Forum of Tonga, said most Tongans disagreed with their country's involvement in deep sea mining.
Havea was deeply disappointed with his government's partnership with TMC and called for a referendum on the issue at the country's November election.
"I think that we need to respect the view of the people, and we need to be accountable to the people," he said.
"If [the government] don't believe that we represent the voices of the people, why not a referendum in the November election this year? I think that will settle that."
RNZ Pacific requested comment from both the Tonga and Nauru governments, but neither responded.
The ISA also declined to comment.
The US agency incharge of deep sea mining, the National Oceanic and Atmospheric Administration (NOAA), responded with an email statement, saying the US policy determines how it reviews mining applications in international waters.
NOAA added that it is working to streamline its process.