1. PSI Tahiti, 6 March 2009 Access and Benefit Sharing in Non-Commercial Research David E. Schindel, Executive Secretary National Museum of Natural History Smithsonian Institution SchindelD@si.eduSchindelD@si.edu; http://www.barcoding.si.edu http://www.barcoding.si.edu SchindelD@si.edu http://www.barcoding.si.edu 202/633-0812; fax 202/633-2938

2. PSI Tahiti, 6 March 2009 A DNA barcode is a short gene sequence taken from standardized portions of the genome, used to identify species

3. PSI Tahiti, 6 March 2009 DNA Barcodes: A Key Variable for Biodiversity Informatics Authority files of taxonomic names Museum databases of associated data Databases of species occurrences and distribution (OBIS)

4. PSI Tahiti, 6 March 2009 Species Identification Matters Basic research on evolution, ecology Endangered/protected species Agricultural pests/beneficial species Disease vectors/pathogens Invasive species (e.g., in ballast water) Environmental quality indicators Managing for sustainable harvesting Consumer protection, ensuring food quality Fidelity of seedbanks, culture collections

5. PSI Tahiti, 6 March 2009 Adoption by Regulators Food and Drug Administration –Reference barcodes for commercial fish NOAA/NMFS –$100K for Gulf of Maine pilot project –FISH-BOL workshop with agencies, Taipei, Sept 2007 Federal Aviation Administration – $500K for birds Environmental Protection Agency –$250K pilot test, water quality bioassessment FAO International Plant Protection Commission –Proposal for Diagnostic Protocols for fruit flies CITES, National Agencies, Conservation NGOs –International Steering Committee, identifying pilot projects

6. PSI Tahiti, 6 March 2009 DNA Barcoding: A New Tool for Biodiversity Research From specimen to sequence to species Voucher Specimen DNA extractionCO1 geneDNA sequencing Trace file Database of Barcode Records Collecting ND3ND3 COIIICOIII ND2ND2 ND1ND1

7. CBOL Member Organizations: 2009 170+ Member organizations, 50 countries 35+ Member organizations from 20+ developing countries 500,000+ barcoded specimens from 50,000+ species

8. PSI Tahiti, 6 March 2009 Potential Benefits Documentation of local species Ability to identify specimens Research training and capacity-building Participation in global research networks Better scientific basis for policy, protection of genetic resources, economic development

9. PSI Tahiti, 6 March 2009 Obstacles to Research Lack of in situ repositories, lab capacity Few national laws and regulatory frameworks Lack of national focal points, authorities Lack of legal certainty within countries (changing rules, changing authorities) Competing interests within countries Bioparanoia, unrealistic expectations of monetary benefits

10. PSI Tahiti, 6 March 2009 Access and Benefit Sharing Collecting permits and Material Transfer Agreements of great concern to CBOL Member Organizations Side-events at CITES, SBSTTA, COP-9 November 2008 international workshop in Bonn Focus on non-commercial biodiversity research 51 participants from 24 countries Submissions to Namibia and Tokyo AHTEGs Workshop report emphasizing: –Provider country concerns, –Benefits of standard, low-overhead procedures

11. PSI Tahiti, 6 March 2009

13. International ABS Regime ABS one of 3 CBD objectives COP 9 Decision, May 2008: Goal of IR adoption at COP 10, 2010 ABS in Non-Commercial Research, Nov 08 2008-9: 3 Ad Hoc Technical Expert Groups –Concepts, terms, working definitions, sectors –Compliance –Traditional knowledge 2008-10: 3 ABS Working Group meetings

14. PSI Tahiti, 6 March 2009 What is covered by ABS? “Biological Resources” includes genetic resources, organisms, parts, “any other biotic component of ecosystems with actual or potential use or value” “Genetic resources” includes genetic material of actual or potential value “Genetic material” includes material of plant, animal, microbial or other origin containing functional units of heredity

15. PSI Tahiti, 6 March 2009 Genetic Resources Functional units of heredity (RNA, DNA) are found in almost all tissue (wood, eggs, fruit) Therefore no distinction between “biological material” and “genetic resource” But commodities not covered by CBD Should distinction be on genetic resources when their actual or potential value is based on their hereditary properties?

16. Uses of Genetic Resources 1. Genetic modification: gene splicing 2. Biosynthesis: organisms as factories 3. Breeding and selection: new varieties 4. Propagation and cultivation without modification (mass production) 5. Conservation: captive breeding, recovery, reintroduction 6. Characterization and evaluation 7. Source of compounds found in nature

17. PSI Tahiti, 6 March 2009 ABS Workshop, Bonn, Germany Focus on ‘non-commercial research’ Organized by Consortium for the Barcode of Life Hosted by DFG, German Research Foundation Co-sponsors: Moorea/Biocode, EDIT, Paris Museum, iBOL, Swiss FOEN, DIVERSITAS 51 participants from 24 countries

18. ABS Workshop, Bonn, Germany 17-19 November 2008 barcoding.si.edu/ABSworkshop.html

19. PSI Tahiti, 6 March 2009 Geographic Representation OECDAfrica Latin America AsiaPacific 288492 54.9%15.7%7.8%17.6%3.9%

20. PSI Tahiti, 6 March 2009 Sector ResearchAgencyOther 291012 56.9%19.6%23.5%

21. PSI Tahiti, 6 March 2009 Main Workshop Topics Non-commercial vs. commercial research Communities of non-commercial research practice Benefits from non-commercial research Potential risks of non-commercial research Standardized ABS agreements and procedures Proactive measures to build trust

22. PSI Tahiti, 6 March 2009 Main Findings (1 of 4) Non-commercial and commercial research can overlap, hard to find simple definition Non-commercial research puts results in public domain Commercial projects have distinct characteristics involving IPR, restrictions on dissemination of results and benefits There are tangible indicators of commercial intent

23. PSI Tahiti, 6 March 2009 Main Findings (2 of 4) Three main risks perceived by Providers: –Change of intent from non-commercial to commercial research –Control and tracking of specimens transferred abroad –Publication of data that are used by third parties for commercial benefit

24. PSI Tahiti, 6 March 2009 Main Findings (3 of 4) Standardized ABS agreements can have mutual benefits: –Standard elements, standard content –More bureaucracy doesn’t mean more security –Lower transaction costs, delays, bureaucracy –Provide standard safeguards, tracking mechanisms –Indicators of change of intent trigger requirement for re-negotiation –Pre-publication access to manuscripts

25. PSI Tahiti, 6 March 2009 Main Findings (4 of 4) Proactive measures to mitigate risks: –Transparent systems for tracking specimens, linking to ABS agreements –Institutional CBD policies –Codes of conduct –Long-term relationships rather than permits –Involvement of funding agencies

26. PSI Tahiti, 6 March 2009 The Collection Connection US report on Federal collections National Science Foundation report OECD Global Science Forum Initiative