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Images Included in This Publication Are Sourced from Public Domain PROTECTED AREAS AND ACCESS AND BENEFIT SHARING (ABS): A REVIEW Prakash Nelliyat & B. Meenakumari Authors Dr. Prakash Nelliyat, Fellow on Access and Benefit Sharing, Centre for Biodiversity Policy and Law (CEBPOL), National Biodiversity Authority (NBA) Dr. B. Meenakumari, Chairperson, NBA Citation CEBPOL, NBA, 2018. Protected Areas and Access and Benefit Sharing (ABS): A Review, 2018. Published by the Centre for Biodiversity Policy and Law, National Biodiversity Authority, India, 91 pages. Copyright @ National Biodiversity Authority, Chennai. ISBN No. : 978-81-940589-2-2 Published by Centre for Biodiversity Policy and Law [CEBPOL] National Biodiversity Authority, 5th Floor, TICEL Bio Park, CSIR Road, Taramani Chennai - 600 113 Website: www.nbaindia.org/cebpol Layout and Design N.Singaram Information Technology Executive, CEBPOL Disclaimer: This publications is prepared as an initiative under CEBPOL programme. All the views expressed in this publication are based on established legal principles. Any error or lapse is purely unintended and inconsequential and shall not make either the NBA or the CEBPOL liable for the same. Some pictures and images included in this publication are sourced from public domain. This publications is purely for non-commercial purposes including awareness creation and capacity building. II Acknowledgements I wish to thank Shri. T Rabikumar IFS, Secretary NBA for his encouragements and guidance in preparing this paper and Dr. Rupam Mandal, Programme Manager, CEBPOL for his suggestions on the first draft of the report. I am extremely thankful to Dr. S. K. Khanduri IFS (Rtd.), Former Inspector General of Forests (WL), Ministry of Environment Forests and Climate Change for his intensive review of the draft report, valuable suggestions and insights on the linkages between protected areas and the ABS. The report is modified based on the comments of Dr. Khanduri and his suggestions are incorporated in the final report. My thanks are to Mr. T. Narendran, Technical Officer - IPR for valuable discussions on major issues at different stages of the report preparation and his suggestions on the first draft, Ms. Sri Ramya, Young Professional – IPR for her legal inputs, and Dr. B. Andrews, Consultant GEF-ABS Project, Dr. Thompson C. Jacob, Consultant Biodiversity Policy CEBPOL and Dr. S. Sandilyan, Fellow Invasive Alien Species CEBPOL for their comments on certain aspects in the report. My gratitude also to Mr. N Singaram Information Technology Executive, CEBPOL for designing the report and Mr. G. Karthisrinivasan, Office Executive CEBPOL for his supports in various stages of preparation of this report. Prakash Nelliyat III Contents Acknowledgement Foreword Background PART - 1: PROTECTED AREAS AND ACCESS AND BENEFIT SHARING (ABS) SCOPE AND CHALLENGES 1 1. Protected Areas: Definition and Significance ................................................................... 1 2. Protected Area Initiatives under the Convention on Biological Diversity ....................... 2 3. The Nagoya Protocol on ABS ............................................................................................ 5 4. Bio-prospecting and ABS in Protected Areas.................................................................... 7 5. Is ABS an Innovative Financial Mechanism for Conservation of Protected Areas? .......... 9 6. Cost-Benefit analysis and Economic Valuation of Protected Areas.................................. 11 7. ABS Experience from Protected Areas: Lessons and Challenges ...................................... 13 8. ABS policy for Protected Areas Management .................................................................. 14 9. Conclusions ...................................................................................................................... 15 References .......................................................................................................................................... 19 Annexure-1: Monetary and Non-Monetary Benefits ................................................................................. 20 VII PART – II: PROTECTED AREAS AND ACCESS AND BENEFIT SHARING: INDIAN SCENARIO ................... 22 1. Introduction: .................................................................................................................... 22 2. India’s Biodiversity: An Overview ..................................................................................... 23 3. Protected Area Network: An Option for Conservation of Biodiversity ............................ 25 4. Evolution and Concerns of Protected Area Net work in India ......................................... 26 5. Legal Interpretation on Protected Areas and Application of ABS ................................... 28 6. Classifications of Protected Areas India: An Overview ..................................................... 31 7. Protected Areas Under the Wildlife Protection Act (1972) .............................................. 33 8. Marine Protected Areas ................................................................................................... 45 9. India’s Initiatives in Implementing the Programme of Work on Protected Areas ........... 47 10. India’s ABS Initiatives ....................................................................................................... 49 11. Protected Area Network and ABS Synergy: A Retrospective ......................................... 52 12. Conclusion ........................................................................................................................ 55 References .................................................................................................................................. 62 Annexure 1: State-wise break up of National Parks ................................................................................... 63 Annexure 2: State-wise break up of Wildlife Sanctuaries .......................................................................... 67 Annexure 3: State-wise break up of Conservation Reserves ..................................................................... 82 Annexure 4: Existing Community Reserves in India ................................................................................... 84 Annexure 5: List of Marine Protected Areas in peninsular India ................................................................ 85 Annexure 6: List of Marine Protected Areas in Islands of India ................................................................. 86 Annexure 7: Ramsar Wetlands Sites .......................................................................................................... 88 Annexure 8: List of Biodiversity Heritage Sites ........................................................................................... 89 VIII Background Protected areas are ecologically sensitive areas with rich biodiversity and high potential of genetic / biological resources. These geographical (inland and marine) locations are designated by the respective governments of the countries with the intention of conserving the natural habitats or restrict their depletion. Worldwide, nations have considered that the conservation of ecosystems through the declaration of ecologically sensitive zones as protected areas is an effective mechanism for their management. In this regard, governments have come up with stringent legal measures including specific rules and regulations for protected areas’ management. However, the effective enforcement of existing legal measures in protected areas is the key challenge in many nations. According to the Millennium Ecosystem Assessment (2005), over the past 50 years human activities have changed ecosystems more rapidly and extensively than at any comparable period in our history, with more than 60 per cent of the world’s ecosystems already degraded. These changes have generated many economic gains but at growing environmental costs, including biodiversity loss and land degradation, which in turn, has resulted in many economic, social and cultural losses. Communities, particularly the poor, who rely on natural resources, become more vulnerable to biodiversity and ecosystem degradation. Habitat loss, fragmentation, overexploitation of natural resources, pollution, and the spread of invasive alien species are the emerging threats to global biodiversity. These threats to biodiversity are increasing, largely driven by our failure to protect ecosystem integrity, the growing surge in human population, and unsustainable approaches to consumption and unlimited growth (CBD, 2010). Recently, climate change has emerged as the key environmental concern. Climate change aggravates environmental degradation and may generate new threats, with devastating consequences for both biodiversity and human welfare, especially for the poorest and most vulnerable communities and nations (Lopoukhine et. al, 2012). The impacts of climate change and biodiversity loss are major threats to achieving the Millennium Development Goals, especially those relating to environmental sustainability, poverty alleviation, and food and water security. Globally, protected areas are considered as one of the best options for managing the biodiversity crises and act as an effective means to help society from the effects of climate change and stabilize the critical ecosystem services on which all societies depend. These ecosystem services include: a) Provisioning Services – Ecosystems provide products such as food, water, fuel wood, fibre, medicinal products,
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