The Nagoya Protocol: Implications for Collections Management of - - PowerPoint PPT Presentation

The Nagoya Protocol: Implications for Collections Management of U.S. Biological Collections

Barbara M. Thiers New York Botanical Garden

With help from: Linda Ford & Breda Zimkus, Museum of Comparative Zoology, Harvard University

• Nagoya Protocol on Access and Benefit-

Sharing (ABS)

• Legally binding supplementary

agreement to the Convention on Biological Diversity

• Outlines obligations for genetic

resources and associated traditional knowledge (ABCs of ABS):

• Access regulated
• Benefits from utilization shared
• Compliance measures required

Even non-signatory countries must comply with domestic ABS legislation!

A New Landscape for International Research

• Applies to genetic resources acquired from a Party as of 12

Oct 2014 or later (when country became Party and established ABS measures)

• Some countries use an earlier date because they established

access legislation before Nagoya Protocol

• Anything that contains or once contained DNA is a genetic

resource

ABS Application

– Requires creation of legal documentation about collections – Requires maintaining all legal documentation for each specimen throughout its entire research life – Requires tracking all activities and transactions from the point

• f specimen collection and in perpetuity

Blue: Signed, ratified Green: Signed, not yet ratified Dark gray: non- signatory, but CBD party Light gray: non- signatory, non CBD

Even non-signatory countries must comply with domestic ABS legislation!

Steps Required for ABS Compliance

• I. Collections Acquisition
• Partner institution in host country and U.S. institution

sign governing documents (Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) before researcher makes collections, sends collections (or representative set to U.S. institution

• U.S. institution processes and digitizes specimens,

maintaining clear reference to agreements for all potential users with main voucher and any sub- collections, e.g., tissue samples, DNA extractions

• U.S. institution ensures documentation is received for

new collections received as gift or exchange that are covered by ABS agreements

Steps Required for ABS Compliance

• II. Collections Distribution and Use
• Users must be informed of regulations regarding

collections covered by MTA

• Instances of examination, use of specimens must

be recorded

• Published articles citing specimens covered by

MTA must be tracked

• Documentation must accompany sub-specimens,

specimen transfers; distribution events recorded

• Data on use of specimens must be retrievable by

host country

• Individuals could be held responsible for violations in their own

country (e.g., U.S. Lacey Act regulating commerce in illegally taken fish, wildlife, plants)

• Researchers/institutions may risk reputations and research

programs if they don’t obtain PIC, negotiate MAT, and follow through with obligations

Legal Implications

Nagoya Protocol and EMu

Emu modules Involved in Nagoya Compliance

Record names, contact information for ABS point of contact for each relevant country Store copies of permits, MTAs store publications that use that cite specimens covered by ABS agreement Record primary voucher data and extracts from a specimen, e.g., DNA, tissue, link to main specimen Link to permit in Rights module Permit, MTA information should accompany specimens loaned or transferred

ABS Challenges for Biological Collections: Understanding the details

• Confusion about application of Nagoya

– ABS legislation/regulations applies even if researcher is from a non-signatory country, even if research is non-commercial

• Increased record-keeping by researchers and collections, but

record types, format not specified

• No uniformity regarding ABS among signatory countries

– Different interpretations of Nagoya Protocol – Different stages of development of relevant laws – Different dates used for compliance

• No community standards/best practices for tracking specimen use
• r enforcing use recording requests
• Not clear yet how Nagoya relates to use of DNA sequences in

repositories such as GenBank

• Protocols and workflows
• for tracking governing documents that relate to acquired

specimens

• Permanently Linking documents to specimens
• Conveying terms of use to users
• Reporting requirements
• Tracking Specimen use
• How to repatriate data effectively
• Coordination among institutions and resources

ABS Challenges for Collections:

• Web-based platform for information exchange associated with

implementation of Nagoya Protocol

• Most relevant resource when institutions/researchers plan to access

genetic resources or want to find country specific information

• Many parties do not have complete profiles BUT parties and non-parties
• ften have contact information for ABS National Focal Points

Main ABS Resource: ABS Clearing-House (ABSCH)

• Society for the Preservation of Natural History (SPNHC) Wiki: ABS

Page, includes 1-page Nagoya Talking Points

• http://spnhc.biowikifarm.net
• Global Genome Biodiversity Network (GGBN): ABS Guidance,

MTAs, ABS Fact Sheet & FAQs

• http://wiki.ggbn.org/ggbn/Documents#
• Consortium of European Taxonomic Facilities (CETAF) Codes of

Conduct, Best Practice & MTAs

• http://cetaf.org/sites/default/files/final_cetaf_abs_coc.pdf

Additional ABS Resources