MIDAS Month 36 Progress Report

MIDAS Month 36 progress report

WP9 contributions from partners

Partner 2: NOC

Partner 6: IMAR

Task 9.3 Input to the Marine Strategy Framework Directive (MSFD) and other “marine frameworks” on indicators for seafloor integrity

IMAR finished the report on the comparison and review of EU Member States ‘implementation of the Marine Strategy Framework Directive pertaining to Descriptor 6- Seafloor Integrity, regarding the initial stages of environmental assessment and establishment of indicators. The sample of countries reviewed was: Belgium, Slovenia, Spain, France, Greece, UK, Netherlands, Poland and Portugal (n=9).

Methodology was the following: consultation of the Member States marine strategies, for Art. 8, and 10 of the MSFD, both in their original and translated versions, as well as the collection of environmental pressures and indicators presented by each Member State.

Member States have chosen a wide range of indicators (n=46) to describe seafloor integrity (D6), designed accordingly to their scientific marine environment knowledge and to existing monitoring programs and existing background criteria. This was the result of a practical, country-specific approach, which could have been more harmonized since the pressures were relatively common (n=27) among states. This high range of indicators will imply some difficulties in the comparison and in the integration at a regional dimension. All this suggests a need for better coordination in order to have more integrative and harmonized indicators to be interstate comparable.

Task 9.4 facilitating the transfer of MIDAS results to international fora

IMAR has organized a workshop- Workshop Towards the development of a Strategic Environmental Management Plan (SEMP) for deep seabed mineral exploitation in the areas behind national jurisdiction at the Atlantic basin .We have also been involved in preparing the next SEMPIA steps, organizing the workshop- Towards the development of a Strategic Environmental Management Plan (SEMP) for deep seabed mineral exploitation in the areas behind national jurisdiction at the Atlantic basin, that took in Lisbon from 13th to 15th July, and we have been involved on the Sempia II worlshop that will take place in Sintrafrom 2nd to 4th November 2016

The Internacional seabed authority document ISBA/19/LTC/8 was analysed, in order to add suggestions in the light of the Midas results. The recommendations were submitted as deliverable 9.4

IMAR participated on the Midas synthesis workshop held in Ghent from 29th February to 3rd March.

partner 19: Wycliffe Management

Task 9.1: Science-policy interface mechanisms

Wycliffe’s Gjerde and Gebicka worked with other MIDAS Work Packages and WP9 members to develop a “Key Results” table to record the key findings, recommendations and questions derived from MIDAS research (Milestone 32), as a core part of the D9.6 “Report for policy makers with recommendations for future regulations to be adopted by the EU and the ISA” (D9.6 (Month 36)). As this deliverable will need to reflect the final results of the MIDAS project, the report’s delivery will be delayed by three weeks to enable effective integration.
Wycliffe’s Gjerde and Gebicka participated in and presented at MIDAS Final Meeting and Science-Policy Day from 3-7 October 2016 in Ghent, Belgium to showcase the final results and outcomes arising from the past three years of MIDAS research. Wycliffe presented on the “Emerging regulatory regime for deep seabed mining in the Area beyond national jurisdiction”to update MIDAS partners on progress in the International Seabed Authority on the draft Exploitation Regulations and plans for the environmental regulations and on “Principles for the environmental management of deep-sea mining” to provide the context for the Science-Policy Panel meeting.The Annual Meeting was a critical opportunity to learn, digest and start to integrate MIDAS results into potential recommendations for the draft regulatory regime (D9.6 Report (M36). The audience included representatives from industry, civil society, regulatory bodies and policy-making circles.

Wycliffe’s Gjerde and Gebicka contributed to “MIDAS Research Highlights”, a 40-page publication showcasing and summarising the key outcomes from the project. Wycliffe synthesised the key contributions on the societal and legal frameworks for seabed mining, which provides an easy to read overview of WP 9 efforts on the societal dimensions of deep sea mining as well as delivery of project outputs and information to policy makers and other stakeholders. The section also explains how we have facilitated and integrated wider civil society perspectives into other on-going discussions within MIDAS, including our work with industry.

Wycliffe’s Gjerde participated in the Annual Meeting of the International Seabed Authority (11-22 July 2016, Kingston, Jamaica).The ISA Council reviewed the reports of the Secretary General and the Legal and Technical Commission, which reviewed progress on the status of contracts for exploration, applications for extensions of exploration contracts, and annual reports of contractors. The draft regulations for exploitation were released and informally reviewed. The main focus of discussion was the interim report of the Article 154 Review Committee (as well as the election of a new Secretary General and selection of new members for the Legal and Technical Commission). Wycliffe’s Gjerde presented as part of the MIDAS side event to provide an overview of MIDAS activities, findings and outputs relevant to the development of the ISA draft Exploitation Regulations and environmental management and planning. This meeting provided an important opportunity to interact with the LTC members, contractors, ISA Secretariat and government representatives about emerging MIDAS results.

Wycliffe’s Gjerde participated in theGriffith Law School and the International Seabed Authority Workshop on Environmental Assessment and Management for Exploitation of Minerals in the Area (Surfer’s Paradise, Australia, 23 -26 May 2016). The aim of the workshop was to develop a set of specific recommendations on definitions, principles, environmental impact assessments (EIAs), regional environmental management plans, and frameworks for evaluation of environmental impact statements (EIS) as input into the ISA’s emerging Exploitation Regulations. One of the key findings of the workshop was the challenge of operationalising “adaptive management” for deep seabed mining without a slow scale up of operations and a mechanism to incorporate lessons learned into operational requirements. Unlike leases, as commonly used in resource permits, long-term contracts (as applied by the ISA) may be difficult to amend and apply evenly across multiple contractors. Wycliffe served as rapporteur for the session on precautionary approach and participated as a member of drafting group on definitions.

Wycliffe’s Gjerde co-authored with an international group of scientific experts an article entitled “Defining “serious harm” to the marine environment in the context of deep seabed” (Levin et al., 2016). The article provides insight into the legal context in UNCLOS and the ISA Mining Code for defining “harmful effects” “serious harm” and significant adverse change” and provides an in-depth scientific analysis of how these concepts may be applied in the context of deep seabed mining. Defining “serious harm” is critical to effective regulation as it is a term used in the ISA Mining Code to indicate a level of harm that strong actions must be taken to avoid. For example,underUNCLOS, where mining activities may cause serious harm, the ISA has the power to: (i) set-aside areas where mining will not be permitted, (ii) deny a new application for a contract to conduct seabed mineral activities; (iii) suspend, alter or even terminate operations, and iv) hold the contractor and its sponsoring state liable for any environmental harm if it ensues.

Wycliffe’s Gjerde participated and presented in the MIDAS Synthesis Workshop (29 February to 2 March 2016, Ghent, Belgium). The purpose of the synthesis workshop was to begin distilling the results from MIDAS to inform ISA and others. Each WP leader presented the key achievements and outcomes of their work packages for discussion amongst the group, in order to collectively identify a series of results and/or "issues". This list provided the first step in formulating the outcomes, conclusions and recommendations from the project for D9.6.

Wycliffe’s Gjerde provided detailed comments on D9.3: “Review of Environmental Issues Arising out of the Development of the International Seabed Authority’s Draft Regulations for the Exploitation of Deep-Sea Minerals.” Responses to an ISA stakeholder consultation in May 2015 were used to provide a narrative of current issues and perspectives on the environmental management of deep-sea mining as input into the emerging Regulations for the exploitation of deep-sea minerals.

Wycliffe’s Gjerde worked with MIDAS partners, Contractors, NGO partners and the Deep Ocean Stewardship Initiative (DOSI) as part of the Steering Committee to progress the development of a Strategic Environmental Management Plan for deep seabed mineral exploration and exploitation in the Atlantic basin (SEMPIA). A second workshop (SEMPIA II) is now scheduled for 2-4 November 2016, in Sintra, Portugal, as a legacy of MIDAS. This SEMPIA II workshop will focus on validating and elaborating the results of two prior scientific workshops, a small scientific workshop in July 2016 and a prior workshop (SEMPIA I) with Wycliffe participation in the Azores, Portugal from 1-3 June 2015. SEMPIA I was hosted by the University of the Azores, co-sponsored by the MIDAS Project and funded by the European Commission, the Deep Sea Conservation Coalition and others. This workshop brought together scientific, management and legal expertise to review the compiled scientific data, assess current legal and management regimes and define draft management objectives. The report of the SEMPIA I workshop was already provided to the LTC and SEMPIA II will be sent to the LTC in time for its February 2017 meeting with the goal of submitting a zero draft of the Plan for consideration by the July 2017 LTC meeting. Gjerde co-chaired the SEMPIA I working group on management issues and reviewed the draft workshop report.

Wycliffe’s Gjerde participated actively as one of four co-leads of the Deep Ocean Stewardship Initiative (DOSI) and among other activities co-organized a DOSI workshop prior to the Deep Sea Biology Symposium (DSBS) on 30 August, 2015 in Aveiro, Portugal. These activities including the workshop provided a useful opportunity to exchange information about MIDAS with the wider deep sea scientific community outside of MIDAS and to organize future activities related to deep sea ecosystem management in the context of deep seabed mining.

Wycliffe’s Gjerde peer reviewed a report by the European Marine Board Working Group on “Deep-Sea Research for Societal Challenges and Policy Needs.” The EMB working group was a platform for cross-sector, interdisciplinary dialogue between deep-sea stakeholders. The EMB presented the report’s recommendations at an official DSBS side-event (1 September 2015). (

Wycliffe’s Gjerde prepared for and attended the 21st session of the ISA (13-14 July 2015) where considerable progress was made in the development of a draft framework for Exploitation Regulations. Gjerdehelped facilitate a side-event at the meeting to discuss the MIDAS Project and presented at a side event hosted by the Secretariat of the Convention on Biological Diversity (CBD) regarding CBD guidelines for biodiversity-inclusive environmental impact assessments. Gjerde discussed and promoted the potential for the MIDAS Project to contribute to the work of the ISA with a number of delegations and the ISA Secretariat.

Wycliffe engaged in frequent consultations with partners in the MIDAS Project, NGOs, scientists and others on the drafting of the ISA regulations and related initiatives, including transparency initiatives and the ISA Article 154 Review.

Task 9.2: integrating deep sea impacts and values in policy and decision-making

Wycliffe’s Gjerde provided guidance on outline and relevant publications and helped edit various stages of D.9.5 “Report on policy options and associated valuation and appraisal needs and methods”. This report reviews the relevant guiding principles and objectives for the activities and decisions of the ISA, the appropriate role of decision support tools in informing these decisions, the stakeholders with an interest in issues associated with resource supply and DSM, mechanisms for their consultation and involvement and resolution of conflicts.

Wycliffe’s Gjerde co-authored “Sharing benefits of the common heritage of mankind – Is the deep seabed mining regime ready?”(Jaeckelet al., 2016). The article examines four modalities for implementing the equity focused aspects of the Common Heritage of Mankind principle under the UN Convention on the Law of the Sea with respect to 1) sharing of financial and other economic benefits, 2) the potential role of the Enterprise; 3) the parallel system for reserved areas envisaged under UNCLOS, and 4) marine scientific research. The article highlights areas where the seabed mining regime may fall short of its premise of effectively sharing the benefits derived from the common heritage of mankind. The article acknowledges the welcome work underway within the ISA to establish rules and procedures with respect to the sharing of benefits, and notes that approaches that are transparent, inclusive, accountable and equitable are more likely to be successful.

Wycliffe’s Gjerde co-authored an article on “Conserving the Common Heritage of Humankind – Options for the Deep Seabed Mining Regime”(Jaeckelet al., submittedto Marine Policy). The article seeks to contribute to the discussion on the operationalisation of the environmental aspects of the Common Heritage of Mankind principle. It begins from the premise that as the International Seabed Authority (ISA) manages the Area and its resources on behalf of humankind as a whole, it is appropriate that public opinions are taken into account regarding the risks and benefits of seabed mining and of alternatives, the value of marine ecosystems, and the sharing of benefits intra-generationally as well as inter-generationally. Eight potential options to support the application of the common heritage principle are offered for consideration. These include four steps to be considered before contracts for exploitation are approved: 1) funding marine scientific research to increase knowledge for humankind; 2) public participation in value-based decisions; 3) debate about the need for and alternatives to deep seabed mining; and 4) the setting conservation targets. Additional elements for consideration include: 5) limiting environmental impacts (eg site-specific measures, systems of no-mining areas and regional limits on the magnitude of cumulative activities); 6) preserving options for future generations including access to minable sites; 7) a compensation system for environmental harm; and 8) an effective enforcement mechanisms that enable States to act on behalf of humankind in the event of environmental harm.
Wycliffe’s Gjerde also participated in a day-long workshop on “Enhancing Stakeholder Participation and Transparency in the ISA Process” during the International Seabed Authority Annual Session, on Saturday 16 July 2016. The workshop engaged a variety of stakeholders, including current LTC members, contractors and government representatives, in a discussion on mechanisms for enhancing stakeholder participation and transparency in the ISA process, with particular emphasis on issues identified in the interim Article 154 report.

Task 9.3: Input to the Marine Strategy Framework Directive (MSFD) and other “marine frameworks” on indicators for “seafloor integrity”

Wycliffe’s Gjerde co-authored and provided significant editing toD9.3 “Report on applying the results from MIDAS to update the ‘LTC Recommendations’. This report relates to the LTC recommendations for guidance of the contractors for the assessment of the possible environmental impacts arising from exploration for marine minerals in the Area (ISBA/19/LTC/8)The report is based on the results and collective experience of many co-authors gained from the three-year MIDAS project. Its goal is to inform the next LTC review of the ’LTC Recommendations’, which are to be revised at least each five years taking into account new scientific and technological developments.
Wycliffe’s Gjerde reviewed and provided comments on D9.2“Report of a comparative review of indicators for the descriptor on seafloor integrity” This report compares and reviews EU Member States' implementation of the Marine Strategy Framework Directive (MSFD) pertaining to Descriptor 6 - Seafloor Integrity, regarding the initial stages of environmental assessment and establishment of indicators. As deep-sea mining is a future potential activity for some European countries, either in European waters or international waters, this comparative review provides a picture of how the monitoring strategy could be applied in the context of identifying mining impacts and develop monitoring programmes.

Task 9.4: Facilitating the transfer of MIDAS results to international fora

Wycliffe’s Gjerde participated in the second UN Preparatory Committee meeting on the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, 26 August to 9 September and 28 March -8 April, and spoke about MIDAS with government representatives and during side event presentations on environmental impact assessments.
Wycliffe’s Gjerde participated and presented in a two-day workshop on “Status and opportunities in area-based management beyond national jurisdiction” and the International Marine Conservation Congress (IMCC). The workshop and larger Congress took place from 28 July – 4 August 2016 in St. John’s, Newfoundland, Canada. The two events brought together top scientists working on issues relevant to marine spatial planning and management for the seabed Area and open ocean water column in the context of seabed mining and other human activities. Wycliffe highlighted the key role of MIDAS in providing input into the development of environment impact assessments, strategic environmental management planning and the overarching exploitation regulations.

Wycliffe’s Gjerde provided an invited keynote presentation at the GEBCO Forum for Future Ocean Floor Mapping (15-17 June 2016, Monaco). The main goal of the GEBCO Forum was to reinforce the importance of bathymetry as a fundamental baseline for enabling us understand, use and preserve the oceans for future generations.