[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR971.403]



[Page 351-352]

 

                  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 352]]



    (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.