1. Don Diego is a proposed marine mining project in Mexico.

Marine mining is a process used to extract metals or minerals from the seabed. The Don Diego proposal calls for dredging seven million tons of phosphate sand from the seabed 19 kilometers off the coast of Baja California Sur.[1] Leftover materials – excess or waste – that are not of interest would be returned to the sea.[2]
 

2. If created, it would be the first phosphate mine of its type, using this technique, in the region.  

This makes it impossible to accurately predict the damage that it could do or the measures that could be taken to protect against it.[3] Other countries, such as Namibia and New Zealand, [4] have rejected similar projects due to the severity of their potential impacts. Exploraciones Oceánicas, the company in charge of the project, does not have adequate experience in this area,[5] nor does the Mexican government have the experience to implement and monitor it properly. Even with this uncertainty, the company has not provided a financial guarantee to ensure compliance with the plan for managing, monitoring and supervising Don Diego.
 

3. It would alter the marine ecosystem.  

The collection of phosphate sand from the sea, and the deposition of waste, would create sediment that blocks light from entering, in turn affecting marine photosynthesis.[6] Dredging would destroy the health and habitat of benthic species such as oysters and clams, damaging the food chain and the natural equilibrium of the area.[7] The ecosystem could take years to recover.
 

4. The mine will not necessarily create greater food security in Mexico. 

Phosphate is used in fertilizer, which helps to produce food. The project’s proponents say a marine mine is needed to make up for reduced global phosphate reserves on land.[8] But beginning an operation of this type, without necessarily understanding the technique and its impacts, could cause more harm than good. In addition, extracting phosphate from Mexico’s waters does not guarantee that the phosphate will then be used to meet the demands of agriculture in Mexico, or in the Americas at all.
 

5. It would put at risk fisheries and the families that depend upon them.

The location of the mining project would overlap with fishing concessions.[9] Ulloa Bay produces nearly 8,450 tons per year of commercial species including abalone, clams, squid, shrimp, snail, dogfish, crab, lobster, oyters, octopus, sharks and rays.[10] Fisheries would decline considerably due to the impacts of dredging the seabed.[11]

6. It would impact an ecologically rich and vulnerable area.

Ulloa Bay is a unique marine region characterized by its biodiversity and high productivity. The bay is home to a great number of species of interest both to fisheries and to conservationists. In addition, a portion of the project would spread over 20 percent of the Magdalena Bay Region of Marine Importance,[12] a mangrove ecosystem that provides essential environmental services to coastal communities, including mitigation of climate change.
 

7. It would further endanger the habitat of the loggerhead turtle.

Ulloa Bay is a critical habitat for the endangered loggerhead turtle, so much so that the Mexican government previously named it a refuge for the protection of the species.[13] Studies show that heavy noise, such as the mine would generate, would cause drastic changes in behavior and displace turtles from their habitat.[14] In addition, the Interamerican Convention for the Protection and Conservation of Sea Turtles has recently included mining as one of the listed activities threatening the health and habitat of sea turtles.[15]
 

8. It would destroy a refuge for the grey whale.

Each year, the grey whale travels from Alaska to the warm waters of Baja California Sur to give birth to and raise its young.[16] Whales use sound to identify and locate their pod, and to find and capture their food.[17] Don Diego would generate noise, increase traffic and change the marine ecosystem, forever altering what has been for centuries a refuge for migrating whales.[18]
 

9. Approval of the project would involve a breach of international obligations on the part of the Mexican government.

Mexico has obligations under international law to protect its marine ecosystem and the vulnerable species that depend on its health. The precautionary principle should be applied to this case, as there is no scientific certainty about the magnitude and intensity of the environmental damage that could occur. The Mexican government is required to take measures to avoid such damage, including evaluating a no-project alternative, until it proves that harm can be avoided or minimized.
 

10. The details of the project are confusing and available public information is incomplete.

The duration and specific location of the project remain unclear. For example, the project is proposed to last 50 years, but under the Mining Law it could be extended 50 additional years.[19]