Comment from Lee Capistrano, Cristina

I oppose this action as proposed, and I ask the agency to carefully consider the specific concerns and potential harms described below before issuing a license to American Deep Sea Minerals, Inc. (ADSM). I recognize that NOAA is reviewing this application under the requirements of the Deep Seabed Hard Mineral Resources Act and its implementing regulations. However, a determination that an application meets basic information requirements is not the same as demonstrating that the applicant has the financial capacity, technical capability, and environmental information necessary to responsibly conduct a multi-year seabed mining exploration program. Before authorizing these activities, NOAA should ensure that the record contains sufficient evidence to support its conclusions. I am concerned that ADSM’s demonstrated financial resources do not appear consistent with the scale of the proposed exploration program. ADSM’s financial disclosure indicates that the company holds only $150,000 in cash, with $100,000 designated solely for the NOAA license fee, leaving approximately $50,000 for pre-mobilization activities, compliance obligations, administrative costs, and other expenses. At the same time, the application states that the company has the financial capacity to conduct a four-year exploration program involving vessels, autonomous underwater vehicles (AUVs), remotely operated vehicles (ROVs), and laboratory analysis. NOAA should require audited or otherwise verifiable financial statements demonstrating that ADSM has the actual financial capacity to complete the proposed program. If this information cannot be provided before a decision is made, NOAA should extend the public comment period until this significant issue is resolved. I am also concerned that ADSM’s claims regarding technological capability are not supported by sufficient evidence. Section 2.1 of the application states that ADSM “demonstrates full technological capability to implement the four-year exploration program,” yet the following section acknowledges that no contracts currently exist with vessel owners or equipment providers and that these agreements will only be formalized before exploration begins. NOAA should require executed agreements or other binding evidence of access to the necessary vessels, equipment, and technical resources before determining that ADSM satisfies the technological capability requirements under 15 CFR 970.402. The environmental analysis also requires additional scrutiny. The application relies heavily on NOAA’s 1981 Programmatic Environmental Impact Statement (PEIS) to support conclusions that mapping, coring, and AUV/ROV activities would not result in significant impacts. However, NOAA should evaluate whether a 44-year-old programmatic analysis remains adequate for the specific scale and scope of this proposed exploration program, which includes activities such as 25 box cores in the first year alone, multi-year AUV and ROV deployments, and dredging for bulk metallurgical samples. NOAA should explain why the 1981 PEIS remains applicable to this particular proposal or conduct updated, project-specific environmental analysis before making a no-significant-impact determination. I am further concerned that the application lacks site-specific environmental baseline information. The application acknowledges that no site-specific benthic biological surveys have been conducted within the actual license area. Instead, the environmental baseline discussion relies on information from neighboring areas of the Cook Islands Exclusive Economic Zone that are already licensed for exploration. While nearby areas may provide useful context, they cannot replace direct observations of the specific ecosystem that would be affected. NOAA should require in-situ baseline data from the actual license area before authorizing activities based on assumptions transferred from adjacent but distinct locations. The decision to authorize seabed mineral exploration should be based on verified financial capacity, demonstrated technical readiness, and adequate environmental information specific to the proposed area. I respectfully ask NOAA to address these concerns fully before approving ADSM’s application and to ensure that the public record supports any finding that the proposed activities can proceed responsibly.