Pago Pago, AMERICAN SAMOA — Swains Island Representative Su'a Alex Eli Jennings has introduced legislation aimed at turning American Samoa's existing deep-sea mining moratorium into permanent territorial law, strengthening protections for the territory's marine environment and natural resources.

The proposed measure would formally codify the moratorium established by Executive Order 006-2024, issued by then-Governor Lemanu P.S. Mauga, while also preventing government agencies from issuing permits or authorizations for deep-sea mining activities in territorial waters.

According to the bill, the executive order currently provides protection against deep-sea mining in local waters, but it lacks the permanence and legal strength that comes with legislation enacted by the Fono.

The measure notes that while executive orders can be modified or rescinded by future administrations, a law passed by the Legislature would provide more durable safeguards. It would also establish clear responsibilities for government agencies and officials tasked with implementing and enforcing the ban. Under the proposal, the moratorium could only be changed, suspended, or repealed through legislative action.

If enacted, the bill would prohibit any individual or company from conducting deep-sea mining activities on, beneath, or within submerged lands and marine waters under the jurisdiction of American Samoa.

The prohibition covers a broad range of activities, including prospecting, exploration, testing, extraction, collection, recovery, and removal of seabed minerals. It would also ban exploratory work intended to locate, evaluate, or develop mineral deposits for future commercial or pre-commercial mining operations.

In addition, the legislation would bar any territorial department, agency, board, commission, authority, office, or government employee from issuing or approving permits, leases, licenses, easements, or any other form of authorization related to activities prohibited under the law.

Supporters of the measure say the proposed ban reflects growing global concerns about the environmental impacts of deep-sea mining, particularly its potential effects on fragile marine ecosystems, fisheries, and biodiversity that scientists have yet to fully explore.

At the same time, the bill recognizes the importance of scientific study and includes an exemption for legitimate research activities.

Under the proposal, bona fide scientific research or specimen collection conducted by educational institutions, research organizations, or government agencies would still be allowed, provided such activities are carried out primarily for scientific purposes and not as a precursor to commercial mineral development.

The Director of the Department of Marine and Wildlife Resources (DMWR) would administer and enforce the moratorium and be authorized to take all lawful and reasonable actions necessary to ensure compliance with the law.

The bill also establishes substantial penalties for violations. Any person or business entity found to have breached the statutory deep-sea mining ban would face a fine of no less than $50,000 for each violation.

If approved by the Fono and signed into law, the legislation would create one of the territory's strongest legal protections for ocean conservation, ensuring that restrictions on deep-sea mining remain in place unless future lawmakers decide otherwise through formal legislative action.