The government of French Polynesia has formally announced its intention to challenge a proposal by an American startup to conduct deep-sea mining exploration in international waters located immediately adjacent to the territory’s maritime borders. The move highlights a growing geopolitical and environmental friction point in the Pacific, as private corporations and the United States government seek to secure critical minerals while Pacific Island nations prioritize marine conservation and Indigenous sovereignty.
Moetai Brotherson, the President of French Polynesia, articulated the territory’s stance by emphasizing a lack of meaningful engagement from the project’s proponents. "We were approached, but we were not consulted," Brotherson stated in a recent interview. He underscored that the territory would not remain passive as industrial activities are proposed in close proximity to ecosystems that French Polynesia has legally and culturally committed to protecting. The challenge comes at a pivotal moment for international maritime law, as the world’s oceans become the next frontier for resource extraction and conservation efforts.
The Proposal: Exploration in the Eastern High Seas Pocket 3
The controversy centers on an application filed by American Deep Sea Minerals, a startup backed by Bay Area investors. The company is seeking approval from the United States government to explore for seabed minerals in a specific area of international waters known as "Eastern High Seas Pocket 3." This region is unique because, while it is technically international waters (the "high seas"), it is entirely surrounded by the Exclusive Economic Zones (EEZs) of the Cook Islands, Kiribati, and French Polynesia.
The company’s permit application is currently pending before the National Oceanic and Atmospheric Administration (NOAA), the U.S. federal agency responsible for overseeing deep-seabed mining licenses. American Deep Sea Minerals aims to identify and eventually extract polymetallic nodules—potato-sized rocks found on the ocean floor that are rich in cobalt, nickel, copper, and manganese. These minerals are increasingly viewed as essential for the production of high-capacity batteries for electric vehicles and various military technologies.
The application is part of a broader push by the Trump administration to establish the United States as a global leader in critical mineral production. By inviting domestic companies to apply for licenses through U.S. regulatory channels rather than waiting for an international framework to be finalized, the administration has signaled a desire for American mineral independence. However, this unilateral approach has drawn sharp criticism from the international community.
A Conflict of Jurisdictions: The US and the International Seabed Authority
The backdrop of this dispute is a complex web of international diplomacy currently unfolding in Kingston, Jamaica. Negotiators from dozens of nations are meeting at the headquarters of the International Seabed Authority (ISA), a United Nations-mandated body tasked with regulating mining in international waters. For over a decade, the ISA has been working to draft the "Mining Code," a comprehensive set of environmental and financial regulations that would govern commercial extraction on the deep-sea floor.
Last year, the Trump administration took the controversial step of inviting U.S. companies to bypass the ISA process, arguing that the U.S. has the authority to issue its own exploration licenses under the Deep Seabed Hard Mineral Resources Act of 1980. This move has been characterized by many nations as a violation of international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS), which declares the international seabed to be the "common heritage of mankind."
Letitia Carvalho, the Secretary-General of the ISA, addressed the assembly in Jamaica last week, reminding member states that the deep seabed belongs to no single country or corporation. "If we lose sight of this, we risk repeating on the ocean floor the same injustices and destruction we still strive to remedy on land," Carvalho warned.
French Polynesia finds itself in a difficult diplomatic position within this framework. Because it remains an overseas collectivity of France, the territory does not have its own seat at the ISA. Furthermore, the Indigenous Maohi people of French Polynesia have not been granted full political self-determination, often leaving their voices marginalized in international forums. President Brotherson noted that while he prefers the international regulatory process of the ISA to the unilateral actions of the U.S., the fundamental issue remains whether any single nation can authorize industrial activity in waters that impact neighboring Pacific Island states and their protected marine areas.
Environmental and Cultural Stakes: Tainui Atea and Beyond
For French Polynesia, the opposition to deep-sea mining is rooted in both domestic law and Indigenous culture. In 2022, the territory enacted a moratorium on seabed mining within its own waters, a move followed by France in 2023. These bans reflect a precautionary approach to an industry whose long-term environmental impacts remain largely unknown.
In September 2023, President Brotherson expanded these protections by adding further prohibitions on mining within Tainui Atea, one of the world’s largest marine protected areas. Spanning nearly the entire EEZ of French Polynesia—roughly 5 million square kilometers—Tainui Atea is a biodiversity hotspot. According to United Nations data, the preserve supports 21 species of sharks, 176 species of coral, and more than 1,000 species of fish.
The cultural significance of the ocean to the Indigenous population, which makes up 80 percent of the territory, cannot be overstated. "As if climate change wasn’t enough, the spectre of deep-sea mining threatens to strip-mine the ocean floor, our sacred place of creation," said Hinano Murphy, an Indigenous cultural expert from Moorea and Tahiti. For the Maohi people, the deep sea is not merely a source of minerals but a foundational element of their cosmology and traditional navigation practices.
Scientific research suggests that seabed mining could have devastating effects on these ecosystems. The process of extracting nodules involves heavy machinery crawling across the seafloor, creating massive sediment plumes that can smother organisms and travel hundreds of kilometers. Furthermore, the noise and light pollution from 24-hour mining operations could disrupt the migratory patterns of tuna and whales—species that are vital to the local economy and traditional diets.
The Consultation Gap and Indigenous Rights
A primary point of contention for the French Polynesian government is the alleged failure of American Deep Sea Minerals to engage in meaningful consultation. According to President Brotherson, the company sent a brief introductory email to a government representative. When the government requested more detailed information to assess the project’s environmental implications, the company reportedly failed to respond.
"No consultation has taken place regarding this proposal," Brotherson said. This lack of engagement touches upon a critical principle of international law: Free, Prior, and Informed Consent (FPIC). Under the United Nations Declaration on the Rights of Indigenous Peoples, Indigenous communities have the right to give or withhold consent for projects that affect their ancestral territories and resources.
Graham Goulet, the CEO of American Metals (the parent company of American Deep Sea Minerals), has defended the company’s approach. He stated that the firm intends to consult with the governments of the Cook Islands, Kiribati, and French Polynesia "as the exploration program develops." Goulet noted that these discussions would occur under U.S. oversight and that the company plans to create benefit-sharing agreements with Pacific nations and avoid interference with local fishing industries.
However, the French Polynesian government views the current application as a "pathway toward potential commercial mining" rather than neutral scientific research. While the company claims it is only seeking an exploration license, the application includes plans for mining tests, which Brotherson argues are a precursor to full-scale industrial extraction.
The UN High Seas Treaty: A New Legal Avenue
The timing of the U.S. application coincides with a landmark shift in international marine governance. In January 2024, the United Nations High Seas Treaty (also known as the BBNJ Treaty) officially took effect. This treaty provides a legal framework for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Crucially, the treaty allows nations to propose and establish marine protected areas (MPAs) in international waters for the first time. French Polynesia has expressed interest in using the High Seas Treaty to protect the Eastern High Seas Pocket 3, the very area targeted by American Deep Sea Minerals.
President Brotherson believes that the outcome of this dispute will set a major precedent for the effectiveness of the High Seas Treaty. If a single nation can unilaterally authorize mining in a region that neighboring states wish to conserve, the treaty’s ability to protect global ocean health may be severely compromised.
Chronology of Key Events
- 1980: The United States passes the Deep Seabed Hard Mineral Resources Act, establishing a domestic framework for seabed mining.
- 2022: French Polynesia implements a domestic ban on deep-sea mining within its Exclusive Economic Zone.
- January 2023: France officially supports a total ban on deep-sea mining in international waters, aligning with French Polynesia’s stance.
- Late 2023: The Trump administration invites U.S. companies to apply for exploration licenses in international waters through NOAA.
- January 2024: The United Nations High Seas Treaty takes effect, providing a mechanism for creating MPAs in international waters.
- June 2024: American Deep Sea Minerals files its application for exploration in Eastern High Seas Pocket 3.
- July 2024: The International Seabed Authority meets in Jamaica to continue negotiations on the global Mining Code.
- August 3, 2024: The deadline for public comment on the American Deep Sea Minerals application via the U.S. Federal Register.
Broader Implications and Future Outlook
The standoff between French Polynesia and the U.S. startup represents a microcosm of a global debate over the future of the oceans. On one side is the urgent demand for minerals to fuel the "green transition" and ensure national security. On the other is the imperative to protect the last remaining untouched wilderness on Earth and respect the rights of Indigenous peoples who have stewarded these waters for millennia.
The U.S. government now faces a difficult decision. Approving the application could provide a boost to the domestic battery supply chain but at the cost of significant diplomatic strain with Pacific allies and potential legal challenges under international treaties. For French Polynesia, the fight is about more than just one mining license; it is about the right to have a say in the fate of the ocean that surrounds them.
As the August 3 deadline for public comment approaches, environmental groups, Indigenous advocates, and international legal experts are expected to submit a wave of opposition to NOAA. The result will likely determine whether the "Eastern High Seas Pocket 3" becomes a site of industrial extraction or a landmark for international marine conservation. For President Brotherson and the people of French Polynesia, the goal remains clear: ensuring that the "common heritage of mankind" is not sold to the highest bidder without the consent of those most affected by its destruction.
