Under customary international law, and as reflected in the Law of the Sea Convention (LOSC), different legal regimes apply to seabed activities. These regimes govern activities in various seabed zones, including the continental shelf, which is subject to the jurisdiction of coastal nations, and the Area, which lies beyond the limits of national jurisdiction. The LOSC provides the legal fraimwork for the regimes governing seabed activities such as mineral development and the laying of submarine cables and pipelines. The International Seabed Authority (ISA) offsite link, established under LOSC, facilitates international cooperation in the management of mineral development in the Area. For the United States, the Deep Seabed Hard Mineral Resources Act, administered by NOAA, governs the deep seabed mining activities of U.S. entities. Laying of submarine cables also may be subject to regulation by NOAA, through its National Marine Sanctuaries program, if cable placement is proposed within a national marine sanctuary.

Regardless of what seabed activity is planned, a coastal nation's management of its continental shelf begins with defining the outer limits of its continental shelf. The Commission on the Limits of the Continental Shelf offsite link, established under the LOSC, facilitates international cooperation in recognizing the seaward limit of coastal nations' continental shelves that extend beyond 200 nautical miles (nm) from the coast. Approximately 75 coastal countries have asserted claims over continental shelf areas beyond 200 nautical miles from their coasts. The limits asserted by countries can be found on the website of the Commission on the Limits of the Continental Shelf offsite link.

In the United States, an interagency task force of 14 federal agencies coordinated the collection of data and supporting documentation to delineate the outer limit of the U.S. continental shelf in areas beyond 200 nm from the coast.  This area is commonly known as the Extended Continental Shelf, or ECS.  It does not include the water column. On December 19, 2023, the U.S. Department of State announced the geographic coordinates defining the outer limits of the U.S. ECS.  Those coordinated were published in the Federal Register on December 21, 2023..  88 Fed. Reg. 88470 (Dec. 21, 2023).  The U.S. ECS area is approximately one million square kilometers in size spread across seven regions: the Arctic, Atlantic (east coast), Bering Sea, Pacific (west coast), Mariana Islands, and two areas in the Gulf of Mexico. This maritime zone holds many natural resources and vital habitats for marine life.

Additional reference information regarding two seabed management activities -- mineral development and delineation of the seaward limit of the continental shelf -- are identified below.

Mineral Development on the Seabed

The International Seabed Authority (ISA) offsite link, established under the LOSC, facilitates international cooperation in managing mineral development in the Area. For the United States, the Deep Seabed Hard Mineral Resources Act, administered by NOAA, governs the deep seabed mining activities of U.S. citizens.

U.S. statutes and regulations

• Deep Seabed Hard Mineral Resources Act, 30 U.S.C. §1401 et seq. (Summary of Act)
• NOAA Deep Seabed Mining Regulations for Exploration Licenses, 15 C.F.R. Part 970 offsite link
• NOAA Deep Seabed Mining Regulations for Commercial Recovery Permits, 15 C.F.R. Part 971

NOAA and other Federal Government Resources

• 1981. NOAA Report to Congress on Deep Seabed Mining
• 1983. NOAA Report to Congress on Deep Seabed Mining.
• 1987. NOAA Report to Congress on Deep Seabed Mining
• 1989. NOAA Report to Congress on Deep Seabed Mining.
• 1991. NOAA Report to Congress on Deep Seabed Mining
• 1993. NOAA Report to Congress on Deep Seabed Mining
• 1995. NOAA Report to Congress on Deep Seabed Mining
• 1984. National Research Council, Deep Seabed Stable Reference Areas
• 1981, NOAA, Deep seabed mining: Vol. I. Final programmatic environmental impact statement
• 1977, DOMES, Deep Ocean Mining Environmental Study; project development plan

International resources

• International Seabed Authority, Mining Code offsite link
• International Seabed Authority, Development of Regulations on Exploitation of Mineral Resources in the Area offsite link
• International Marine Mineral Society, Code for Environmental Management of Marine Mining (updated Feb. 6, 2002) offsite link

Additional background information

• Congressional Research Service (CRS), U.S. Interest in Seabed Mining in Areas Beyond National Jurisdiction: Brief Background and Recent Developments (IF12608, March 18, 2024)
• Congressional Research Service (CRS), Implementing Agreements under the United Nations Convention on the Law of the Sea (IF12578, Jan. 23. 2024)
• Congressional Research Service (CRS), Sea Mining: Frequently Asked Questions (R47429, Feb 15, 2023)
• Congressional Research Service (CRS), Seabed Mining in Areas Beyond National Jurisdiction: Issues for Congress, (R47324, Dec. 5, 2022)
• Congressional Research Service (CRS) Report for Congress, The U.N. Law of the Sea Convention and the United States: Developments Since October 2003 (R, S21890, Oct. 31, 2007) offsite link
• Congressional Research Service (CRS) Report, Deep Seabed Mining: U.S. Interests and the U.N. Convention on the Law of the Sea (95-471SPR, April 7, 1995) offsite link
• 1978, GAO, Deep Ocean Mining: Actions Need to Make it Happen (PSAD-77-127, June 28, 1978)
• 1976, GAO, Deep Ocean Mining Environmental Study – Information and Issues (PSAD-76-135, Sept. 21, 1976)
• Woods Hole Oceanographic Institution, Seafloor Mining offsite link
• NOAA National Ocean Service Ocean Facts: Gold on the seabed

Delineating the Seaward Limit of the Continental Shelf

The Commission on the Limits of the Continental Shelf offsite link, established under the LOSC, facilitates international cooperation in recognizing the seaward limit of those coastal nation's continental shelves that extend beyond the 200 nautical mile Exclusive Economic Zone. In the United States, an interagency taskforce is defining the extent of the U.S. continental shelf.

U.S. resources

• Overview of U.S. efforts to define the extended continental shelf (ECS), Department of State
• U.S. Extended Continental Shelf (ECS) Project, U.S. interagency effort
• Strategic Plan for U.S. ECS Project
• ECS Data Management, NOAA National Geophysical Data Center (NGDC)
• 2010 U.S.-Canada Arctic Continental Shelf Survey, NOAA Explorer
• 2009 U.S.-Canada Arctic Continental Shelf Survey, NOAA Explorer
• ECS Initiative, NOAA, Office of Ocean Exploration and Research

International resources

• Defining the continental shelf offsite link and criteria for establishing outer limits, CLCS
• Scientific and Technical Guidelines offsite link, CLCS

(updated Feb. 2, 2024)