2.4 Regional Environmental Management
Regional environmental management by the ISA was not specifically reflected in
Part XI of UNCLOS, though similar area-based mechanisms have been a feature of
many later international and regional instruments (for example, the 1992 Convention
on Biological Diversity).
27 The ISA has recognised its importance,
28 and started a
process of developing Regional Environmental Management Plans (REMPs) for
regions within the Area in which future mining is contemplated.
Since 2012 there has been an Environmental Management Plan in place for the
Clarion-Clipperton Fracture Zone (CCZ).
29 This includes the identification of nine
400 km by 400 km ‘Areas of Particular Environmental Interest’ (APEIs), calculated
to be bio-geographically representative of the full range of habitats, biodiversity and
ecosystem structure and function within the region. APEIs are set-aside as off-limits
to potential mining activities for the purpose of the protection and preservation of the
marine environment, although this appears to be envisioned as a temporary measure
only.
30 This CCZ plan also includes other regulatory style aspects, e.g., requirements
for contractors to apply the principles of ISO 14001.33 to the development of their
site-specific environmental management plans, and to designate impact and preservation reference zones.
31
There is a process now afoot at the ISA to review the CCZ plan in light of new
data and to develop REMPs for other locations where exploration has already
commenced.
32 This appears to present great opportunity, both for international
cooperation and sharing of data and expertise in the process, as well as for setting
environmental objectives and conservation measures, and managing cumulative
impacts, in keeping with the ISA’s environmental protection mandate. For example,
a REMP for mid-ocean ridges in the Atlantic could present an opportunity for the
ISA to declare all active hydrothermal vent sites closed to mining.
33
However, concerns about the REMPs in the interim might include: (i) that APEIs
are being identified only after exploration sites have been allocated to contractors,
and so the choice of location is constrained by a factor that is not objective or
scientific
34 (see Fig. 18.1, above), (ii) that REMPs do not have the status of
27 The Convention on Biological Diversity of 5 June 1992 (1760 U.N.T.S. 69).
28 As reflected in Strategic Direction 3.2 of the ISA’s Strategic Plan 2019–2023, copy available at:
https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba24_a4-en.pdf.
29 ISBA/17/LTC/7, ‘Environmental Management Plan for the Clarion Clipperton Zone’, available
at: https://www.isa.org.jm/documents/isba17ltc7, and approved by Council decision ISBA/18/c/22,
available at: https://www.isa.org.jm/documents/isba18c22.
30 The Council decision in 2012 was that no application for any seabed mineral activity would be
approved within the APEIs identified in the CCZ REMP ‘for a period of five years from the date of
the present decision or until further review by the LTC or the Council’ (ISBA/18/C/22).
31 Supra, n. 30.
32 See the strategy paper ISBA/24/3/C, endorsed by the Council in March 2018: https://ran-s3.s3.
amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba24-c3-e.pdf.
33 Van Dover et al. (2018).
34 Wedding et al. (2013).
340
H. Lily and S. E. Roady
Regional environmental management by the ISA was not specifically reflected in
Part XI of UNCLOS, though similar area-based mechanisms have been a feature of
many later international and regional instruments (for example, the 1992 Convention
on Biological Diversity).
27 The ISA has recognised its importance,
28 and started a
process of developing Regional Environmental Management Plans (REMPs) for
regions within the Area in which future mining is contemplated.
Since 2012 there has been an Environmental Management Plan in place for the
Clarion-Clipperton Fracture Zone (CCZ).
29 This includes the identification of nine
400 km by 400 km ‘Areas of Particular Environmental Interest’ (APEIs), calculated
to be bio-geographically representative of the full range of habitats, biodiversity and
ecosystem structure and function within the region. APEIs are set-aside as off-limits
to potential mining activities for the purpose of the protection and preservation of the
marine environment, although this appears to be envisioned as a temporary measure
only.
30 This CCZ plan also includes other regulatory style aspects, e.g., requirements
for contractors to apply the principles of ISO 14001.33 to the development of their
site-specific environmental management plans, and to designate impact and preservation reference zones.
31
There is a process now afoot at the ISA to review the CCZ plan in light of new
data and to develop REMPs for other locations where exploration has already
commenced.
32 This appears to present great opportunity, both for international
cooperation and sharing of data and expertise in the process, as well as for setting
environmental objectives and conservation measures, and managing cumulative
impacts, in keeping with the ISA’s environmental protection mandate. For example,
a REMP for mid-ocean ridges in the Atlantic could present an opportunity for the
ISA to declare all active hydrothermal vent sites closed to mining.
33
However, concerns about the REMPs in the interim might include: (i) that APEIs
are being identified only after exploration sites have been allocated to contractors,
and so the choice of location is constrained by a factor that is not objective or
scientific
34 (see Fig. 18.1, above), (ii) that REMPs do not have the status of
27 The Convention on Biological Diversity of 5 June 1992 (1760 U.N.T.S. 69).
28 As reflected in Strategic Direction 3.2 of the ISA’s Strategic Plan 2019–2023, copy available at:
https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba24_a4-en.pdf.
29 ISBA/17/LTC/7, ‘Environmental Management Plan for the Clarion Clipperton Zone’, available
at: https://www.isa.org.jm/documents/isba17ltc7, and approved by Council decision ISBA/18/c/22,
available at: https://www.isa.org.jm/documents/isba18c22.
30 The Council decision in 2012 was that no application for any seabed mineral activity would be
approved within the APEIs identified in the CCZ REMP ‘for a period of five years from the date of
the present decision or until further review by the LTC or the Council’ (ISBA/18/C/22).
31 Supra, n. 30.
32 See the strategy paper ISBA/24/3/C, endorsed by the Council in March 2018: https://ran-s3.s3.
amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba24-c3-e.pdf.
33 Van Dover et al. (2018).
34 Wedding et al. (2013).
340
H. Lily and S. E. Roady