Finafinau leads move to insure local rights are respected on proposed deep-sea mining activities

By Samoa News staff reporters@samoanews.com Pago Pago, AMERICAN SAMOA — Sabrina Suluaʻi Mahuka, the founder of Finafinau, is leading a sign-on letter to collectively demonstrate the strong opposition of the community to deep-sea mining (DSM) activities in the waters surrounding our islands. This initiative also highlights the group’s deep care for stronger protections for the ocean, fisheries, culture, and future generations. Finafinau is a nonprofit organization focused on developing leadership, particularly among youth, in areas of environmental advocacy, conservation, and resilience. In her social media post, Mahuka expressed that while some individuals may have lost hope in the process, there are still elected officials willing to stand with the people and fulfill their duty to serve American Samoa. She emphasized that this effort is grounded in humility and respect. It is not intended as an act of hostility or disrespect toward the Fono (legislative body). Instead, it is a sincere, community-driven appeal for stronger protections and precautionary measures regarding deep-sea mining. “We acknowledge the immense responsibility that rests on our House of Legislature, and we hope this letter reflects the deep public concern among our people. We will respectfully submit the letter and the list of signatories as soon as the form closes,” she states. The form will close on May 17, 2026, at 4:00 PM. The sign-on form supports a joint community letter to the American Samoa Legislature (Fono) regarding the proposed deep-sea mining activities in waters adjacent to American Samoa. The purpose of this form is to document community concern, demonstrate public engagement, and affirm the necessity of protecting American Samoa’s marine environment, fisheries, culture, and future generations. This form is intended for residents of American Samoa and members of the American Samoan diaspora. “We are reaching out to you at a critical moment for American Samoa, as federal agencies take preliminary steps toward offshore mineral leasing for deep-sea mining in our territory’s waters. American Samoa is not merely a blank spot on a federal map. The rights and interests of American Samoa concerning its lands and surrounding waters are firmly rooted in the Deeds of Cession of Tutuila (1900) and Manu’a (1904). “These agreements transferred sovereignty to the United States with the clear expectation that it would protect the lands, resources, and well-being of the people of American Samoa. These commitments are not symbolic; they are enduring obligations that must guide federal action. “Any decision to advance deep-sea mining activities in adjacent waters—especially without meaningful territorial participation or adequate safeguards—raises serious concerns regarding adherence to these obligations. Federal agencies must ensure that their actions fully respect these commitments, including the protection of our marine environment, economy, and cultural heritage. “Our ocean sustains our food, our economy, and our identity. As Pacific peoples, we have witnessed the consequences when outside interests treat islands as mere extraction zones. While the American Samoa Legislature has formally expressed opposition to deep-sea mining under current conditions through House Concurrent Resolution No. 39-04 (HCR 39-04), community concerns remain significant. “Therefore, we respectfully urge the Legislature and elected leaders to take additional affirmative steps to establish enforceable territorial standards that protect our ocean, economy, and cultural heritage, before federal leasing decisions gain momentum that may be challenging to reverse.” The letter cited that the U.S. Bureau of Ocean Energy Management (BOEM) is proceeding under the Outer Continental Shelf Lands Act (OCSLA) and its implementing regulations for non-energy minerals at 30 CFR Part 581. Under this framework: BOEM may issue mineral leases in federal waters adjacent to American Samoa for a minimum of 20 years, with extensions if development proceeds. A lease, once issued, is transferable and does not distinguish between exploration and eventual exploitation. BOEM retains primary authority over leasing decisions, while territorial governments have no guaranteed revenue share, veto authority, or consent requirement under current regulations. Environmental review under NEPA (42 U.S.C. §§ 4321–4370h) begins with an Environmental Assessment for lease issuance, while more comprehensive Environmental Impact Statements may occur later, after significant procedural momentum has already been established. There are no arrangements for revenue sharing, royalties, landowner fees, mining taxation, environmental fees, or mechanisms to address long-term environmental harm and economic displacement — nor other material benefits to the American Samoan government or people. This regulatory structure places American Samoa at risk of long-term impacts without commensurate legal authority, community benefits, or economic protection. Given these realities, expressions of opposition — while important — are not sufficient on their own without accompanying legally enforceable protections. We respectfully request that American Samoa take proactive steps to establish a clear territorial framework that sets expectations for any federal or private entity seeking to operate in or through our waters. We respectfully request near-term action by the Legislature and territorial leadership to formalize these protections while BOEM’s process is still in its early stages. Specifically, we request consideration of the following actions: Considering the opposition to DSM expressed in House Concurrent Resolution No. 39-04 (HCR 39-04), if the federal government moves forward with authorizing extraction of seabed minerals in waters adjacent to American Samoa without appropriate consultation or safeguards, we respectfully ask the Fono to consider supporting appropriate legal action by the American Samoa Government or by community groups to ensure that American Samoa’s rights are respected. We respectfully urge the Legislature to consider the enactment of a formal, legislatively established moratorium on deep sea mining (DSM) activities affecting American Samoa’s waters, ports, and associated infrastructure.While we acknowledge the existence of executive-level actions expressing opposition to DSM, such measures — by their nature — do not carry the same legal permanence or enforceability as duly enacted legislation. Executive orders may be amended, rescinded, or rendered inoperative by subsequent administrations, and therefore may not provide sufficient long-term protection given the scale and duration of potential DSM activities.In contrast, a legislatively enacted moratorium would: Establish a clear and durable legal position reflecting the will of the people and their elected representatives; Provide stronger policy certainty to federal agencies and private entities regarding American Samoa’s stance; Ensure continuity of protection across administrations; Signal unequivocally that any consideration of DSM must meet the highest thresholds of environmental, cultural, and economic safeguarding—if at all. Given the long-term nature of offshore mineral leasing — often spanning decades — and the irreversible risks associated with DSM, a statutory moratorium represents a prudent and necessary measure to safeguard American Samoa’s interests while scientific, legal, and economic uncertainties remain unresolved.Such action would not only reinforce existing expressions of opposition but would also elevate American Samoa’s position within regional and federal discussions, aligning with precautionary approaches increasingly adopted across the Pacific We respectfully urge the Legislature to explore territorial legislation and/or a resolution that articulates American Samoa’s policy position and minimum standards, including: Protection of fisheries (subsistence, commercial, and cultural) as a non-negotiable baseline; Safeguards for ports, coastal infrastructure, and navigation; No use of Pago Pago Harbor for DSM-related staging, transshipment, or logistics without (1) territorial approval and (2) a community benefits agreement addressing revenue sharing, remedies for environmental harms, and meaningful community consent, including principles of free, prior, and informed consent where applicable; Requirements for transparency, data sharing, and public engagement before any activity proceeds; Any DSM-related port activity must also be subject to full Coastal Zone Management Act (CZMA) consistency review, including impacts on coastal resources, fisheries, navigation, and community access, with meaningful public notice and opportunity for input; Mandatory community benefit agreement addressing revenue sharing, remedies for environmental harms, and free, prior and informed consent regarding proposed mining. Such standards would serve as a clear benchmark against which federal actions and private proposals are evaluated. Authority: 30 CFR § 581.13; intergovernmental coordination under OCSLA BOEM regulations allow for coordination with affected governments during planning and leasing processes. We urge American Samoa to formally request a joint DSM task force with BOEM and relevant federal agencies, composed of territorial agencies, local lawmakers, traditional leadership representation, private sector representatives, and technical experts. This task force should: Establish protocols for consultation beyond minimum federal requirements; Define data needs specific to American Samoa’s fisheries, ports, and cultural resources; Ensure early and continuous territorial participation before lease issuance decisions advance; Ensure robust scientific studies are undertaken before lease issuance; and evaluate economic feasibility of developing the mineral resource and define a fair economic return to states and territories, should extraction occur. Authority: National Environmental Policy Act; Coastal Zone Management Act BOEM has acknowledged that DSM activities may rely on ports for transshipment, staging, and logistics. Any increase in vessel traffic, dredging, or infrastructure expansion could directly impact Pago Pago Harbor, coral reefs, fisheries, and community access. We respectfully request: A dock and port impact study assessing the implications of DSM-related vessels and cargo; Evaluation of cumulative impacts on navigation, coral systems, coastal erosion, and fisheries; Coordination among Port Administration, Department of Commerce (Coastal Zone Management), EPA, DMWR, and AS Chamber of Commerce (private sector) before any federal leasing decision advances. American Samoa will bear the environmental, economic, and cultural risks of DSM, yet under current federal law we lack meaningful control over leasing outcomes. Establishing territorial standards now is essential to: Protect the multi-million-dollar tuna industry and subsistence fisheries; Safeguard culturally significant marine spaces and practices central to fa’a Samoa; Prevent long-term infrastructure and environmental impacts that cannot be undone. This is not a call for delay alone; it is a call for governance, foresight, and accountability. Section: Local News Tags: Finafinau
2026-05-13 17:18:09