Access and benefit sharing of fish and marine genetic resources – legal considerations by R.H.M.P. Abeykoon Director, Biodiversity Ministry of Mahaweli Development And Environment

1. Access and benefit sharing of fish and marine genetic
resources – legal considerations
R.H.M.P. Abeykoon
Director, Biodiversity
Ministry of Mahaweli Development And Environment

2. • Sri Lanka together with Western ghats of India consider as one of the 36 hotspots of
Biodiversity in the world.
• It contains very high level of endemic plants and animals together.
• High amount of indigenous species & valuable traditional knowledge associated
with the biodiversity.

3. 2018 updates reveal that Sri Lanka,
• 1,514 fish species recorded from fresh,
brackish and marine waters of Sri Lanka
• 130 fish species live in freshwater bodies
• 130 species, 62 are restricted to freshwater
bodies in Sri Lanka.

6. Endemic among some of the main taxonomic groups in Sri Lanka

7. • At the same time, the threat to species and ecosystems
has never been so great as it is today. Species extinction
caused by human activities continues at an alarming rate.

8. The Convention on Biological Diversity (CBD)
Sri Lanka:
- Signed June, 1992
- Ratified March, 1994
Main objectives:
1. The conservation of biological diversity
2. The sustainable use of the components of biological diversity
3. The fair and equitable sharing of the benefits arising out of the utilization of genetic
resources

9. Article 15.1
• Convention on Biological Diversity Recognizing the sovereign rights of
States over their natural resources, the authority to determine access
to genetic resources with the national governments and is subject to
national legislation.

10. What are genetic resources?
• All living organisms; plants, animals and microbes, carry genetic
material that could be potentially useful to humans.
• These resources can be taken from the wild, domesticated or
cultivated.
• They are sourced from environments in which they occur naturally (in
situ), or from human-made collections such as botanical gardens,
gene banks, seed banks and microbial culture collections (ex situ).

11. Access to what? –
to Genetic resources/ traditional knowledge associated with GR
“genetic material of actual or potential value”
“genetic material” as “any material of plant, animal, microbial, or other
origin containing functional units of heredity”
Examples: – Access for breeding purposes
– Access to seed for growout
– Access for domestication
– Access for characterization
– Non-commercial “selective breeding”

12. Why are genetic resources important?
There are significant potential benefits to be gained by accessing genetic
resources and making use of them.
• They provide a crucial source of information to better understand the
natural world
• can be used to develop a wide range of products and services for human
benefit. such as medicines and cosmetics, as well as agricultural and
environmental practices and techniques.
• world, genetic resources which can be threatened or endangered.
• The way in which genetic resources are accessed, and how the benefits of
their use are shared, can create incentives for their conservation and
sustainable use,
• Can contribute to the creation of a fairer and more equitable economy to
support sustainable development.
• Genetic resources great deal with the traditional knowledge of indigenous
and local communities.

13. Access and benefit-sharing (ABS)
Access and benefit-sharing (ABS) refers to the way in which genetic
resources may be accessed, and how the benefits that result from their
use are shared between the people or countries using the resources
(users) and the people or countries that provide them (providers).

14. How does it work?
• Access and benefit-sharing is based on prior informed consent (PIC)
mutually agreed terms (MAT) to ensure the fair and equitable sharing
of genetic resources and associated benefits.
• Prior informed consent (PIC): is the permission given by the
competent national authority of a provider country to a user prior to
accessing genetic resources, in line with an appropriate national legal
and institutional framework.
• Mutually agreed terms (MAT): is an agreement reached between the
providers of genetic resources and users on the conditions of access
and use of the resources, and the benefits to be shared between both
parties.

15. • Who is involved?
Providers of genetic resources: States have sovereign rights over
natural resources under their jurisdiction. They are obligated to put in
place conditions that facilitate access to these resources for
environmentally sound uses.
Traditional knowledge associated with genetic resources

16. Users of genetic resources:
• Users are responsible for sharing the benefits derived from genetic
resources with the providers. They seek access to genetic resources
for a wide range of purposes, from basic research to the development
of new products. They are a diverse group, including botanical
gardens, industry researchers such as pharmaceutical, agriculture and
cosmetic industries, collectors and research institutes.

18. The Convention on International Trade in Endangered Species of Fauna and
Flora (CITES)

19. HOW WILL BENEFITS BE SHARED?
Case-by-case
- bilateral negotiations of benefit-sharing
- Monetary – non-monetary benefits;
- benefit-sharing through partnerships;
- multilateral benefit-sharing mechanism

20. The main National legislation that relate to access and benefit sharing
include
The Forest Ordinance (1907),
Fauna and Flora Protection Ordinance (1937), (Under the section 40 for fish export)
Fisheries and Aquatic Resources Act (1996),
Material transfer agreements
Commercial
Non commercial

21. Think before go to implement ABS
• Proper studies on
Threatened status of the species
Population density
Migratory pattern
Feeding patterns of larval stages and adult
Reproduction patterns
Recovery ability
Adaptability to ex situ conditions
Value addition ability ( selective breeding or……)

22. Thanks for your kind attention