Tag Archives: mining seabed

The Pitfalls of Green Energy Revolution

Video footage from a deep-sea mining test, showing sediment discharging into the ocean, has raised fresh questions about the largely untested nature of the industry, and the possible harms it could do to ecosystems as companies push to begin full-scale exploration of the ocean floor as early as this year. The Metals Company (TMC), a Canadian mining firm that is one of the leading industry players, spent September to November of 2022 testing its underwater extraction vehicle in the Clarion Clipperton Fracture Zone, a section of the Pacific Ocean between Mexico and Hawaii.

But a group of scientists hired by the company to monitor its operations, concerned by what they saw, posted a video of what they said was a flawed process that accidentally released sediment into the ocean. The scientists also said the company fell short in its environmental monitoring strategy, according to documents viewed by the Guardian newspaper.

As the push for deep-sea mining intensifies, experts are increasingly concerned that companies will kick up clouds of sediment, which could be laden with toxic heavy metals that may harm marine life. At least 700 scientists – along with France, Germany and Chile – are calling for a moratorium on deep-sea mining.

In a post to its website, TMC acknowledged the incident, but framed the discharge from its cyclone separator as a “minor event” in which “a small amount” of sediment and nodule fragments spilled into the ocean. The company said it fixed the issue in its equipment to prevent further overflows and concluded that the incident “did not have the potential to cause serious harm”.

Experts and critics caution that the incident highlights the relative uncertainties surrounding deep-sea mining. Companies are scrambling to scavenge the ocean floor for valuable metals, used in electric vehicle batteries and a host of other technologies such as green energy production, amid a global fight for stable supply.

Excerpts from Leaked video footage of ocean pollution shines light on deep-sea mining, Guardian, Feb. 6, 2022

Green Con Artists and their Moneyed Followers

Green investing has grown so fast that there is a flood of money chasing a limited number of viable companies that produce renewable energy, electric cars and the like. Some money managers are stretching the definition of green in how they deploy investors’ funds. Now billions of dollars earmarked for sustainable investment are going to companies with questionable environmental credentials and, in some cases, huge business risks. They include a Chinese incinerator company, an animal-waste processor that recently settled a state lawsuit over its emissions and a self-driving-truck technology company.

One way to stretch the definition is to fund companies that supply products for the green economy, even if they harm the environment to do so. In 2020 an investment company professing a “strong commitment to sustainability” merged with the operator of an open-pit rare-earth mine in California at a $1.5 billion valuation. Although the mine has a history of environmental problems and has to bury low-level radioactive uranium waste, the company says it qualifies as green because rare earths are important for electric cars and because it doesn’t do as much harm as overseas rivals operating under looser regulations…

When it comes to green companies, “there just isn’t enough” to absorb investor demand…In response, MSCI has looked at other ways to rank companies for environmentally minded investors, for example ranking “the greenest within a dirty industry”….

Of all the industries seeking green money, deep-sea mining may be facing the harshest environmental headwinds. Biologists, oceanographers and the famous environmentalist David Attenborough have been calling for a yearslong halt of all deep-sea mining projects. A World Bank report warned of the risk of “irreversible damage to the environment and harm to the public” from seabed mining and urged caution. More than 300 deep-sea scientists released a statement today calling for a ban on all seabed mining until at least 2030. In late March 2021, Google, battery maker Samsung SDI Co., BMW AG and heavy truck maker Volvo Group announced that they wouldn’t buy metals from deep-sea mining.

[However the The Metals Company (TMC) claims that deep seabed mining is green].

Excerpts from Justin Scheck et al, Environmental Investing Frenzy Stretches Meaning of ‘Green’, WSJ, June 24, 2021

Human and Environmental Costs of Low-Carbon Technologies

Substantial amounts of raw materials will be required to build new low-carbon energy devices and infrastructure.  Such materials include cobalt, copper, lithium, cadmium, and rare earth elements (REEs)—needed for technologies such as solar photovoltaics, batteries, electric vehicle (EV) motors, wind turbines, fuel cells, and nuclear reactors…  A majority of the world’s cobalt is mined in the Democratic Republic of Congo (DRC), a country struggling to recover from years of armed conflict…Owing to a lack of preventative strategies and measures such as drilling with water and proper exhaust ventilation, many cobalt miners have extremely high levels of toxic metals in their body and are at risk of developing respiratory illness, heart disease, or cancer.

In addition, mining frequently results in severe environmental impacts and community dislocation. Moreover, metal production itself is energy intensive and difficult to decarbonize. Mining for copper,and mining for lithium has been criticized in Chile for depleting local groundwater resources across the Atacama Desert, destroying fragile ecosystems, and converting meadows and lagoons into salt flats. The extraction, crushing, refining, and processing of cadmium can pose risks such as groundwater or food contamination or worker exposure to hazardous chemicals. REE extraction in China has resulted  threatens rural groundwater aquifers as well as rivers and streams.

Although large-scale mining is often economically efficient, it has limited employment potential, only set to worsen with the recent arrival of fully automated mines. Even where there is relative political stability and stricter regulatory regimes in place, there can still be serious environmental failures, as exemplified by the recent global rise in dam failures at settling ponds for mine tailings. The level of distrust of extractive industries has even led to countrywide moratoria on all new mining projects, such as in El Salvador and the Philippines.

Traditional labor-intensive mechanisms of mining that involve less mechanization are called artisanal and small-scale mining (ASM). Although ASM is not immune from poor governance or environmental harm, it provides livelihood potential for at least 40 million people worldwide…. It is also usually more strongly embedded in local and national economies than foreign-owned, large-scale mining, with a greater level of value retained and distributed within the country. Diversifying mineral supply chains to allow for greater coexistence of small- and large-scale operations is needed. Yet, efforts to incorporate artisanal miners into the formal economy have often resulted in a scarcity of permits awarded, exorbitant costs for miners to legalize their operations, and extremely lengthy and bureaucratic processes for registration….There needs to be a focus on policies that recognize ASM’s livelihood potential in areas of extreme poverty. The recent decision of the London Metals Exchange to have a policy of “nondiscrimination” toward ASM is a positive sign in this regard.

A great deal of attention has focused on fostering transparency and accountability of mineral mining by means of voluntary traceability or even “ethical minerals” schemes. International groups, including Amnesty International, the United Nations, and the Organisation for Economic Co-operation and Development, have all called on mining companies to ensure that supply chains are not sourced from mines that involve illegal labor and/or child labor.

Traceability schemes, however, may be impossible to fully enforce in practice and could, in the extreme, merely become an exercise in public relations rather than improved governance and outcomes for miners…. Paramount among these is an acknowledgment that traceability schemes offer a largely technical solution to profoundly political problems and that these political issues cannot be circumvented or ignored if meaningful solutions for workers are to be found. Traceability schemes ultimately will have value if the market and consumers trust their authenticity and there are few potential opportunities for leakage in the system…

Extended producer responsibility (EPR) is a framework that stipulates that producers are responsible for the entire lifespan of a product, including at the end of its usefulness. EPR would, in particular, shift responsibility for collecting the valuable resource streams and materials inside used electronics from users or waste managers to the companies that produce the devices. EPR holds producers responsible for their products at the end of their useful life and encourages durability, extended product lifetimes, and designs that are easy to reuse, repair, or recover materials from. A successful EPR program known as PV Cycle has been in place in Europe for photovoltaics for about a decade and has helped drive a new market in used photovoltaics that has seen 30,000 metric tons of material recycled.

Benjamin K. Sovacool et al., Sustainable minerals and metals for a low-carbon future, Science, Jan. 3, 2020

A Brand New World: Mapping the Ocean Floor

Mapping of the ocean floor may expand under an order signed by President Donald Trump on in  November, 2019 to create a federal plan to explore U.S. coastal waters. The announcement…comes amid growing international interest in charting the sea floor as unmanned aquatic drones and other new technologies promise to make the work cheaper and faster. The maps, also created by ship-towed sonar arrays, are crucial to understanding basic ocean dynamics, finding biological hot spots, and surveying mineral, oil, and gas deposits.

But much of the ocean floor remains unmapped; an international campaign called Seabed 2030 aims to map all of it in detail by 2030. Such maps cover just 40% of the 11.6 million square kilometers in the U.S. exclusive economic zone, which extends 320 kilometers from the coasts of all U.S. states and territories—an area larger than the total U.S. land mass. Today, those maps are a hodgepodge drawn from government, industry, and academic research, says Vicki Ferrini, a marine geophysicist at Columbia University’s Lamont-Doherty Earth Observatory in Palisades, New York. The federal plan, she says, could be a “game changer.”

Excerpts from  United States to Survey Nearby Sea Floor, Science, Nov. 29, 2019, at 6469

The Diversity of Submarine Mountains

There are about 30 000 mountains under the sea, the so-called “seamounts.”  One of them the Tropic Seamount started as a volcano, 120 million years ago. It lies at the southern tail of a chain that includes submerged peaks as well as the Canary Islands off the coast of Western Sahara. The seamount rises 3 kilometers from the ocean floor and is topped by a plateau 50 kilometers wide, 1 kilometer below the sea surface. Above ground, it would rank among the world’s 100 tallest mountains…. Much of its surface is encrusted with minerals that precipitated out of the seawater over eons, coating the lava at the excruciatingly slow rate of 1 centimeter or less every 1 million years.

That coating has caught the eye of prospectors. Called ferromanganese crust, it can contain high concentrations of cobalt, tellurium, and rare-earth elements used in electronics such as wind turbines, batteries, and solar panels. By one estimate, seamounts in just one chunk of the North Pacific Ocean could hold 50 million tons of cobalt—seven times the worldwide total that’s economical to dig up on land. Such estimates arrive at a time when the International Energy Agency in Vienna is warning of a possible cobalt supply crunch by 2030, caused in part by the growing production of battery-powered cars.

Companies hoping to extract those metals from the seabed are focusing first on abyssal plains. Those flat expanses of the deep ocean floor can be littered with potatolike nodules rich in nickel, copper, and cobalt. They are also looking at hydrothermal vents that spew mineral-laden water, creating thick crusts and fantastical rock chimneys. Seventeen companies have permits to explore for minerals in one abyssal region, the Clarion-Clipperton Zone in the Pacific Ocean between Hawaii and Mexico. And in 2017, Japan became the first nation to conduct large-scale experimental mining of a dead hydrothermal vent off the coast of Okinawa, inside Japan’s national waters. But the crusts on seamounts have particularly high concentrations of sought-after metals, making them a tempting target…

[Scientists are worried] that what they have learned from the the Tropic Seamount puts mining and conservation on a collision course. “The conditions that seem to favor the growth of the crusts,” he says, “also seem to favor the colonization by a lot of corals and sponges.”

Seamounts cover roughtly the same area as Russia and Europe combined, by one estimate, making them one of the planet’s largest habitats. The peaks have long been known as oases for sea life….Schools of fish—brick-red orange roughy, silvery pelagic armorheads, and goggle-eyed black oreos—often congregate at seamounts, as do sharks and tuna. Some migratory humpback whales appear to use them as navigational markers, spawning grounds, and resting spots. Seabirds gather above them, and myriad corals and sponges cling to their rocky surfaces, creating ample cover for other creatures.

Interest in seamounts is particularly high in countries that either host companies interested in deep-sea mining or are considering allowing mining in their national waters. In 2018, the Chinese research ship Kexue (meaning “science”) spent about 1 month surveying the Magellan Seamounts near the Mariana Trench, which several nations see as a potential source of industrial minerals. Brazilian researchers teamed up with Murton’s MarineE-tech project to examine an area in international waters where the country has a preliminary mining claim. Japanese scientists sent robots to survey seamounts that might be ripe for mining. In late July, the International Seabed Authority (ISA) in Kingston, a part of the United Nations that governs deep-sea mining in international waters, released 18 years of environmental data gathered by companies pursuing mining claims, including on seamounts….

The design of seamount mining equipment is closely guarded by competing countries and companies. But it could work much like equipment being tested for hydrothermal vents: enormous, remote-controlled machines that resemble bulldozers, equipped with toothed wheels designed to grind the crust into bits that can be carried to the ocean surface for processing.

Although no seamount has been mined yet, scientists point to the damage from deep-sea fishing to underscore why they worry this heavy machinery would do irreparable damage. In the late 1990s, Australian scientists documented devastation from nets dragged across seamounts near Tasmania to catch orange roughy. Hard corals had been wiped out, and the sheer mass of life on the mountains was half that on nearby ones too deep to be fished. Fifteen years after trawling was halted on some New Zealand seamounts, Clark and other researchers found little evidence of recovery.

Excerpts from Warren Cornwall, Sunken Summits, Science, Sept 13, 2019

Mining the Ocean: the Fate of Sea Pangolin

A snail that lives near hydrothermal vents on the ocean floor east of Madagascar has become the first deep-sea animal to be declared endangered because of the threat of mining.  The International Union for Conservation of Nature (IUCN) added the scaly-foot snail (Chrysomallon squamiferum) to its Red List of endangered species on 18 July, 2019 — amid a rush of companies applying for exploratory mining licenses…. The scaly-foot snail is found at only three hydrothermal vents in the Indian Ocean.  Two of those three vents are currently under mining exploration licences,…Even one exploratory mining foray into this habitat could destroy a population of these snails by damaging the vents or smothering the animals under clouds of sediment..

Full-scale mining of the deep seabed can’t begin in international waters until the International Seabed Authority (ISA) — a United Nations agency tasked with regulating sea-bed mining — finalizes a code of conduct, which it hopes to do by 2020….The biggest challenge to determining whether the scaly-foot snail warranted inclusion on the Red List was figuring out how to assess the extinction risk for animals that live in one of the weirdest habitats on Earth…

When the IUCN considers whether to include an organism on the Red List, researchers examine several factors that could contribute to its extinction. They include the size of a species’ range and how fragmented its habitat is…The IUCN settled on two criteria to assess the extinction risk for deep-sea species: the number of vents where they’re found, and the threat of mining.   In addition to the scaly-foot snail, the researchers are assessing at least 14 more hydrothermal vent species for possible inclusion on the Red List.

Excerpts from Ocean Snail is First Animal to be Officially Endangered by Deep-Sea Mining, Nature, July 22, 2019

On Sea Pangolins see YouTube video

Sucking the Life out of Deep Sea

Those involved in deep-sea mining hope it will turn into a multi-billion dollar industry. Seabed nodules are dominated by compounds of iron (which is commonplace) and manganese (which is rarer, but not in short supply from mines on dry land). However, the nodules also contain copper, nickel and cobalt, and sometimes other metals such as molybdenum and vanadium. These are in sufficient demand that visiting the bottom of the ocean to acquire them looks a worthwhile enterprise. Moreover, these metals seldom co-occur in terrestrial mines. So, as Kris Van Nijen, who runs deep-sea mining operations at Global Sea Mineral Resources (gsr), a company interested in exploiting the nodules, observes: “For the same amount of effort, you get the same metals as two or three mines on land.”

Though their location several kilometres beneath the ocean surface makes the nodules hard to get at in one sense, in another they are easily accessible, because they sit invitingly on the seabed, almost begging to be collected. Most are found on parts of the ocean floor like the Clarion Clipperton Zone (ccz), outside the 200-nautical-mile exclusive economic zones of littoral countries. They thus fall under the purview of the International Seabed Authority (isa), which has issued 17 exploration licences for such resources. All but one of these licences pertain to the ccz, an area of about 6m square kilometres east-south-east of Hawaii.

The licensees include Belgium, Britain, China, France, Germany, India, Japan, Russia, Singapore and South Korea, as well as several small Pacific island states. America, which is not party to the United Nations Convention on the Law of the Sea that established the isa, is not involved directly, but at least one American firm, Lockheed Martin, has an interest in the matter through a British subsidiary, uk Seabed Resources. And people are getting busy. Surveying expeditions have already visited the concessions. On land, the required mining machines are being built and tested. What worries biologists is that if all this busyness does lead to mining, it will wreck habitats before they can be properly catalogued, let alone understood.

 Some of the ccz’s creatures stretch the imagination. There is the bizarre, gelatinous, yellow “gummy squirrel”, a 50cm-long sea cucumber with a tall, wide tail that may operate like a sail. There are galloping sea urchins that can scurry across the sea floor on long spines, at speeds of several centimetres a second. There are giant red shrimps, measuring up to 40cm long. And there are “Dumbo” octopuses, which have earlike fins above their eyes, giving them an eerie resemblance to a well-known cartoon elephant…Of 154 species of bristle worms the surveyors found, 70% were previously unknown. 

the Whale fossils, sea cucumbers and shrimps are just the stuff that is visible to the naked eye. Adrian Glover, one of Dr Amon’s colleagues at the Natural History Museum, and his collaborators spent weeks peering down microscopes, inspecting every nook and cranny of the surfaces of some of the nodules themselves. They discovered a miniature ecosystem composed of things that look, at first sight, like flecks of colour—but are, in fact, tiny corals, sponges, fan-like worms and bryozoans, all just millimetres tall. In total, the team logged 77 species of such creatures, probably an underestimate.

Inevitably, much of this life will be damaged by nodule mining. The impacts are likely be long-lasting. Deep-sea mining technology is still in development, but the general idea is that submersible craft equipped with giant vacuum cleaners will suck nodules from the seafloor. Those nodules will be carried up several kilometres of pipes back to the operations’ mother ships, to be washed and sent on their way.

The largest disturbance experiment so far was carried out in 1989 in the Peru Basin, a nodule field to the south of the Galapagos Islands. An eight-metre-wide metal frame fitted with ploughs and harrows was dragged back and forth repeatedly across the seabed, scouring it and wafting a plume of sediment into the water…. The big question was, 26 years after the event, would the sea floor have recovered? The answer was a resounding “no”. The robots brought back images of plough tracks that looked fresh, and of wildlife that had not recovered from the decades-old intrusion.

Conservation and seabed minerals: Mining the deep ocean will soon begin, Economist, Nov. 10, 2018

Regulating Mining in the Deep Seabed

Interest in mining the deep seabed is not new; however, recent technological advances and increasing global demand for metals and rare-earth elements may make it economically viable in the near future  Since 2001, the International Seabed Authority (ISA) has granted 26 contracts (18 in the last 4 years) to explore for minerals on the deep seabed, encompassing ∼1 million km2 in the Pacific, Atlantic, and Indian Oceans in areas beyond national jurisdiction However, as fragile habitat structures and extremely slow recovery rates leave diverse deep-sea communities vulnerable to physical disturbances such as those caused by mining (3), the current regulatory framework could be improved. We offer recommendations to support the application of a precautionary approach when the ISA meets later this July 2015….

The seabed outside of national jurisdictions [called the “Area” in the United Nations Convention on the Law of the Sea (UNCLOS)] is legally part of  the “common heritage of mankind” and is not subject to direct claims by sovereign states. The common-heritage principle imposes a kind of trusteeship obligation on the ISA, created under UNCLOS in 1994, and its member states, wherein “the interests of future generations have to be respected in making use of the international commons”; those interests include both resource exploitation and environmental protection …

Efforts focused on the Clarion-Clipperton Fracture Zone (CCZ) in the abyssal Pacific provide a useful model. The CCZ as the largest known concentrations of high-grade polymetallic nodules, with potentially great commercial value . The scale of impacts that would be associated with nodule mining in the CCZ may affect 100s to 1000s of km2 per mining operation per year . In 2007, an international workshop brought together expert representatives from ISA and the scientific and international ocean law communities to develop design principles and recommendations for a network of marine protected areas (MPAs) in the CCZ off-limits to mining, to be considered by the ISA as part of a regional environmental management plan. The workshop used a recent assessment of biodiversity, species ranges, and gene flow in the CCZ to develop recommendations honoring existing mining exploration claims while incorporating accepted principles of ecosystem management ..

In 2012, the ISA pioneered a precautionary approach in the CCZ when it provisionally adopted the deep seabed’s first environmental management plan that included Areas of Particular Environmental Interest (APEIs), a modified version of the recommended MPA network from the 2007 workshop. The design principles used in developing the APEIs included (i) compatibility with the existing legal framework of the ISA for managing seabed mining and protecting the marine environment. (ii) minimizing socioeconomic impacts by honoring existing exploration claims; (iii) maintaining sustainable, intact, and healthy marine populations; (iv) accounting for regional ecological gradients; (v) protecting a full range of habitat types; (vi) creating buffer zones to protect against external anthropogenic threats (e.g., mining plumes); and (vii) establishing straight-line boundaries to facilitate rapid recognition and compliance (12)….

Meanwhile, the ISA continues to grant exploration contracts for large areas of other deep-sea habitats in the Indian, Atlantic, and Pacific Oceans. Preexisting or new exploration claims (up to ∼75,000 km2 for nodules) can erode the effectiveness of protected-area networks by preempting protection of critical habitats and by limiting population connectivity by causing excessive spacing between MPAs. We thus recommend that the ISA consider suspending further approval of exploration contracts (and not approve exploitation contracts) until MPA networks are designed and implemented for each targeted region.

Excerpts from L. M. Wedding et al., Managing mining of the deep seabed, Science 10 July 2015:

Governing the Oceans Dysfunction

About 3 billion people live within 100 miles (160km) of the sea, a number that could double in the next decade as humans flock to coastal cities like gulls. The oceans produce $3 trillion of goods and services each year and untold value for the Earth’s ecology. Life could not exist without these vast water reserves—and, if anything, they are becoming even more important to humans than before.

Mining is about to begin under the seabed in the high seas—the regions outside the exclusive economic zones administered by coastal and island nations, which stretch 200 nautical miles (370km) offshore. Nineteen exploratory licences have been issued. New summer shipping lanes are opening across the Arctic Ocean. The genetic resources of marine life promise a pharmaceutical bonanza: the number of patents has been rising at 12% a year. One study found that genetic material from the seas is a hundred times more likely to have anti-cancer properties than that from terrestrial life.

But these developments are minor compared with vaster forces reshaping the Earth, both on land and at sea. It has long been clear that people are damaging the oceans—witness the melting of the Arctic ice in summer, the spread of oxygen-starved dead zones and the death of coral reefs. Now, the consequences of that damage are starting to be felt onshore…

More serious is the global mismanagement of fish stocks. About 3 billion people get a fifth of their protein from fish, making it a more important protein source than beef. But a vicious cycle has developed as fish stocks decline and fishermen race to grab what they can of the remainder. According to the Food and Agriculture Organisation (FAO), a third of fish stocks in the oceans are over-exploited; some estimates say the proportion is more than half. One study suggested that stocks of big predatory species—such as tuna, swordfish and marlin—may have fallen by as much as 90% since the 1950s. People could be eating much better, were fishing stocks properly managed.

The forests are often called the lungs of the Earth, but the description better fits the oceans. They produce half the world’s supply of oxygen, mostly through photosynthesis by aquatic algae and other organisms. But according to a forthcoming report by the Intergovernmental Panel on Climate Change (IPCC; the group of scientists who advise governments on global warming), concentrations of chlorophyll (which helps makes oxygen) have fallen by 9-12% in 1998-2010 in the North Pacific, Indian and North Atlantic Oceans.

Climate change may be the reason. At the moment, the oceans are moderating the impact of global warming—though that may not last.,,Changes in the oceans, therefore, may mean less oxygen will be produced. This cannot be good news, though scientists are still debating the likely consequences. The world is not about to suffocate. But the result could be lower oxygen concentrations in the oceans and changes to the climate because the counterpart of less oxygen is more carbon—adding to the build-up of greenhouse gases. In short, the decades of damage wreaked on the oceans are now damaging the terrestrial environment.

Three-quarters of the fish stocks in European waters are over-exploited and some are close to collapse… Farmers dump excess fertiliser into rivers, which finds its way to the sea; there cyanobacteria (blue-green algae) feed on the nutrients, proliferate madly and reduce oxygen levels, asphyxiating all sea creatures. In 2008, there were over 400 “dead zones” in the oceans. Polluters pump out carbon dioxide, which dissolves in seawater, producing carbonic acid. That in turn has increased ocean acidity by over a quarter since the start of the Industrial Revolution. In 2012, scientists found pteropods (a kind of sea snail) in the Southern Ocean with partially dissolved shells…

The high seas are not ungoverned. Almost every country has ratified the UN Convention on the Law of the Sea (UNCLOS), which, in the words of Tommy Koh, president of UNCLOS in the 1980s, is “a constitution for the oceans”. It sets rules for everything from military activities and territorial disputes (like those in the South China Sea) to shipping, deep-sea mining and fishing. Although it came into force only in 1994, it embodies centuries-old customary laws, including the freedom of the seas, which says the high seas are open to all. UNCLOS took decades to negotiate and is sacrosanct. Even America, which refuses to sign it, abides by its provisions.

But UNCLOS has significant faults. It is weak on conservation and the environment, since most of it was negotiated in the 1970s when these topics were barely considered. It has no powers to enforce or punish. America’s refusal to sign makes the problem worse: although it behaves in accordance with UNCLOS, it is reluctant to push others to do likewise.

Specialised bodies have been set up to oversee a few parts of the treaty, such as the International Seabed Authority, which regulates mining beneath the high seas. But for the most part UNCLOS relies on member countries and existing organisations for monitoring and enforcement. The result is a baffling tangle of overlapping authorities that is described by the Global Ocean Commission, a new high-level lobby group, as a “co-ordinated catastrophe”.

Individually, some of the institutions work well enough. The International Maritime Organisation, which regulates global shipping, keeps a register of merchant and passenger vessels, which must carry identification numbers. The result is a reasonably law-abiding global industry. It is also responsible for one of the rare success stories of recent decades, the standards applying to routine and accidental discharges of pollution from ships. But even it is flawed. The Institute for Advanced Sustainability Studies, a German think-tank, rates it as the least transparent international organisation. And it is dominated by insiders: contributions, and therefore influence, are weighted by tonnage.

Other institutions look good on paper but are untested. This is the case with the seabed authority, which has drawn up a global regime for deep-sea mining that is more up-to-date than most national mining codes… The problem here is political rather than regulatory: how should mining revenues be distributed? Deep-sea minerals are supposed to be “the common heritage of mankind”. Does that mean everyone is entitled to a part? And how to share it out?

The biggest failure, though, is in the regulation of fishing. Overfishing does more damage to the oceans than all other human activities there put together. In theory, high-seas fishing is overseen by an array of regional bodies. Some cover individual species, such as the International Commission for the Conservation of Atlantic Tunas (ICCAT, also known as the International Conspiracy to Catch All Tuna). Others cover fishing in a particular area, such as the north-east Atlantic or the South Pacific Oceans. They decide what sort of fishing gear may be used, set limits on the quantity of fish that can be caught and how many ships are allowed in an area, and so on.

Here, too, there have been successes. Stocks of north-east Arctic cod are now the highest of any cod species and the highest they have been since 1945—even though the permitted catch is also at record levels. This proves it is possible to have healthy stocks and a healthy fishing industry. But it is a bilateral, not an international, achievement: only Norway and Russia capture these fish and they jointly follow scientists’ advice about how much to take.  There has also been some progress in controlling the sort of fishing gear that does the most damage. In 1991 the UN banned drift nets longer than 2.5km (these are nets that hang down from the surface; some were 50km long). A series of national and regional restrictions in the 2000s placed limits on “bottom trawling” (hoovering up everything on the seabed)—which most people at the time thought unachievable.

But the overall record is disastrous. Two-thirds of fish stocks on the high seas are over-exploited—twice as much as in parts of oceans under national jurisdiction. Illegal and unreported fishing is worth $10 billion-24 billion a year—about a quarter of the total catch. According to the World Bank, the mismanagement of fisheries costs $50 billion or more a year, meaning that the fishing industry would reap at least that much in efficiency gains if it were properly managed.

Most regional fishery bodies have too little money to combat illegal fishermen. They do not know how many vessels are in their waters because there is no global register of fishing boats. Their rules only bind their members; outsiders can break them with impunity. An expert review of ICCAT, the tuna commission, ordered by the organisation itself concluded that it was “an international disgrace”. A survey by the FAO found that over half the countries reporting on surveillance and enforcement on the high seas said they could not control vessels sailing under their flags. Even if they wanted to, then, it is not clear that regional fishery bodies or individual countries could make much difference.

But it is far from clear that many really want to. Almost all are dominated by fishing interests. The exceptions are the organisation for Antarctica, where scientific researchers are influential, and the International Whaling Commission, which admitted environmentalists early on. Not by coincidence, these are the two that have taken conservation most seriously.

Countries could do more to stop vessels suspected of illegal fishing from docking in their harbours—but they don’t. The FAO’s attempt to set up a voluntary register of high-seas fishing boats has been becalmed for years. The UN has a fish-stocks agreement that imposes stricter demands than regional fishery bodies. It requires signatories to impose tough sanctions on ships that break the rules. But only 80 countries have ratified it, compared with the 165 parties to UNCLOS. One study found that 28 nations, which together account for 40% of the world’s catch, are failing to meet most of the requirements of an FAO code of conduct which they have signed up to.

It is not merely that particular institutions are weak. The system itself is dysfunctional. There are organisations for fishing, mining and shipping, but none for the oceans as a whole. Regional seas organisations, whose main responsibility is to cut pollution, generally do not cover the same areas as regional fishery bodies, and the two rarely work well together. (In the north-east Atlantic, the one case where the boundaries coincide, they have done a lot.) Dozens of organisations play some role in the oceans (including 16 in the UN alone) but the outfit that is supposed to co-ordinate them, called UN-Oceans, is an ad-hoc body without oversight authority. There are no proper arrangements for monitoring, assessing or reporting on how the various organisations are doing—and no one to tell them if they are failing.

Governing the high seas: In deep water, Economist, Feb. 22, 2014, at 51