Although nations have been negotiating for years, the International Seabed Authority (ISA) has ended its latest round of talks without approving any deep-sea mining or finishing its rulebook, known as the Mining Code.
The ISA has been working on the code since 2019, but key issues still aren’t resolved.
The unfinished rulebook means no commercial deep-sea mining can legally move forward yet.
Negotiators are still stuck on big questions, like how much environmental damage is acceptable, how to share profits, and how to enforce the rules.
The ISA’s Council did take one notable step.
It approved an inquiry into whether contractors are following their exploration agreements.
A full report is expected at a 2026 meeting.
That same session will also decide whether to extend NORI’s exploration contract.
NORI is a company with rights to mine part of the Pacific Ocean floor.
A third version of draft regulations has been shared, but serious gaps remain.
These include missing rules on environmental limits, underwater cultural heritage, and what happens when contractors break the rules.
Meanwhile, a coalition of over 30 countries, including France, Germany, and the United Kingdom, is calling for a pause on deep-sea mining.
United Nations experts have warned that mining could cause serious environmental, climate, and human rights harm.
Pacific island nations, including Fiji, Papua New Guinea, and Vanuatu, have similarly raised alarms about threats to tuna populations and marine ecosystems that local communities and Indigenous peoples depend on for food security and cultural survival.
The BBNJ Agreement, adopted in 2023, is advancing toward entry into force but awaits sufficient ratifications. It sets minimum standards for environmental reviews and adds pressure on the ISA to act.
The United States is moving in a different direction.
In January 2026, the National Oceanic and Atmospheric Administration finalized updated rules potentially speeding permits for deep-sea mining.
U.S. policy changes reportedly allow companies to pursue mining outside the ISA framework, bypassing the ISA entirely.
NOAA’s updated regulations also introduced a consolidated application process allowing applicants to apply for both an exploration license and a commercial recovery permit simultaneously rather than sequentially.
The Metals Company has already filed for extensive rights in the Clarion-Clipperton Zone.
Legal experts say U.S. actions conflict with international law.
Other countries aren’t required to recognize mineral rights granted outside the ISA’s framework.
The situation puts ISA-linked contractors in a difficult legal position.
The Deep Sea Conservation Coalition described each ISA session that ends without a completed Mining Code as a reprieve for abyssal ecosystems, arguing that large-scale industrial disturbance could take millions of years to recover from.
References
- https://www.federalregister.gov/documents/2026/01/21/2026-01044/deep-seabed-mining-revisions-to-regulations-for-exploration-license-and-commercial-recovery-permit
- https://oceanographicmagazine.com/news/no-code-no-permits-isa-deep-sea-mining-talks-end-in-stalemate/
- https://www.ohchr.org/en/press-releases/2026/02/ocean-governance-must-be-grounded-international-law-un-experts
- https://www.pew.org/en/research-and-analysis/articles/2026/03/09/nations-to-discuss-future-of-deep-sea-mining-amid-a-changing-policy-landscape
- https://www.gtlaw.com/en/insights/2026/2/noaa-finalizes-changes-to-deep-seabed-mining-regulations
- https://oceanfdn.org/threats-of-permitting-deep-sea-mining/
- https://www.atlanticcouncil.org/in-depth-research-reports/issue-brief/mining-without-rules-the-risky-us-bet-on-the-deep-sea/
- https://news.mongabay.com/short-article/deep-sea-mining-rules-face-delays-despite-urgent-push/
- https://isa.org.jm/the-mining-code/
