[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR971.403]

[Page 352-353]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 971_DEEP SEABED MINING REGULATIONS FOR COMMERCIAL RECOVERY PERMITS--Table 
of Contents
 
     Subpart D_Issuance/Transfer: Terms, Conditions and Restrictions
 
Sec. 971.403  Freedom of the high seas.

    (a) Before issuing or transferring a commercial recovery permit, the 
Administrator must find the recovery proposed in the application will 
not unreasonably interfere with the exercise of the freedoms of the high 
seas by other nations, as recognized under general principles of 
international law.

[[Page 353]]

    (b) In making this finding, the Administrator will recognize that 
commercial recovery of hard mineral resources of the deep seabed is a 
freedom of the high seas. In the exercise of this right, each permittee 
shall act with reasonable regard for the interests of other nations in 
their exercise of the freedoms of the high seas.
    (c)(1) In the event of a conflict between the commercial recovery 
program of an applicant or permittee and a competing use of the high 
seas by another nation or its nationals, the Administrator, in 
consultation and cooperation with the Department of State and other 
interested agencies, will enter into negotiations with that nation to 
resolve the conflict. To the maximum extent possible the Administrator 
will endeavor to resolve the conflict in a manner that will allow both 
uses to take place such that neither will unreasonably interfere with 
the other.
    (2) If both uses cannot be conducted harmoniously in the area 
subject to the recovery plan, the Administrator will decide whether to 
issue or transfer the permit.