Proceedings of two days’ workshop held on “Strengthening the Implementation of the Biological Diversity Act and Rules with Focus on Access and Benefit Sharing (ABS) Provisions” under UNEP-GEF-MoEF Project on 19-20/03/2013 at Gandhinagar, Gujarat Background: The UNEP-GEF-MoEF Project on “Strengthening the Implementation of the Biological Diversity Act and Rules with Focus on Access and Benefit Sharing Provisions” is under implementation in Gujarat State. The project deals with assessing and quantifying the economic value of biological resources spread over the local, state and national level using appropriate methodologies. The process also counts on identifying the benefits available and its access in a sustainable way. Having equitable benefit sharing option, it further helps in implementation of the Biological Diversity Act and Rules in true sense. The present project having said guidelines ensure benefit sharing mechanism which further help in strengthening the ABS agreement. This project is a compendium of bringing various stakeholders in one platform towards the implementation of BD Act and entrust the local bodies in active participations headings for the conservation, development of biodiversity, regulating the biological resources for research and commercial utilization. Objectives: The Implementation of ABS mechanism is expected to provide economic security, support conservation, provide bio- enterprise opportunities and shall contribute to sustainable development and human well-being. Conceptualizing these broader aspects of ABS, a two day workshop on“Strengthening the Implementation of the Biological Diversity Act and Rules with Focus on ABS Provisions” was organized on 19-20 March2013 at Gandhinagar with following objectives: 1. To understand the legal issues under the Biological Diversity Act, 2002 and the rules with special emphasis on ABS mechanism. 2. Mechanism behind Economic valuation of Bio-resources. 3. Protocols and interrelationship between Legal and ABS issues in force. 4. Identified issues and scope of strengthening the BD Act to achieve the goals of the act into implementation. 5. Consultative interaction between the three tier of its implementation namely NBA at National level, SBBs at State level and the BMCs at local body level with different stakeholders of biodiversity and its resources. Context of the Workshop: Biological diversity refers to the wide variety of ecosystems and living organisms: animals, plants, their habitats and their genes. It is the foundation of life on Earth. Our dependence on biodiversity is certain, as it is the key towards our security and health. It is absolute to agree that biodiversity is extremely complex, dynamic and varied like no other feature of the Earth. Its innumerable plants, animals and microbes physically and chemically unite the atmosphere (the mixture of gases around the Earth), geosphere (the solid part of the Earth), and hydrosphere (the Earth's water, ice and water vapour) into one environmental system which makes it possible for millions of species, including people, to exist. At the same time, no other feature of the Earth has been so dramatically influenced by man’s activities. By damaging biodiversity, we strongly affect human well-being and the well-being of every other living creature. India is one of the 17 mega biodiversity countries of the World as it homes four of the 34 global biodiversity hotspots. With only 2.4% of land area, India accounts 7.8% of recorded species of the world. Due to fast pace of development, as in many other countries, India is also facing the anthropogenic pressure which is high on the biodiversity profile of India. Acknowledging this fact, under the present project, five states are incorporated based on their unique biodiversity and ecosystems. The major ecosystem covered under the project in Gujarat includes; Agriculture, Forests and Wetlands. Prioritizing the local biodiversity and associated traditional knowledge at grass root level in India need to be mandatorily documented. The concept of PBR is a unique feature of the Biological Diversity Act, 2002.The NBA at the National level, SBBs at state level and the BMCs at the local body level plays the key role in implementing the Act. In the same process the constitution of BMCs and empowering such committees to prepare PBRs to facilitate this Act is another important mandate for both NBA and SBBs. It has been into records that 1154 BMCs have been constituted in Gujarat state up to March, 2013 and 122 PBRs are under preparation by the BMCs with the help of Technical Support Groups (TSGs). Thus, it was found to be imperative to call on a workshop detailing the means of strengthening the Act, while having an interactive session with the authorities, subject experts and the BMC members. GBB with consultation with the NBA organized a two day workshop from 19-20 March 2013 in Gandhinagar having primal focus on ABS issues, role of BMCs and legal interventions involved for better understanding on BD Act, rules and implementation of this project on ABS under UNEP-GEF Project. Day 1, 19th March, 2013 Venue: GEER Foundation Conference Hall, Gandhinagar On 19th March, 2013, the Programme was inaugurated by the chairman, GBB Shri Rajeeva, IFS. The welcome and introductory address was given by Dr. A. P. Singh, IFS, Member Secretary, GBB. The other delegates on dais namely Dr. Ishwar Poojar, Project Manager, UNEP-GEF-MoEF from NBA, Chennai, Prof. Rasik Bhatt, invitee member of GBB and Prof. V.C. Soni, member, GBB have addressed the gathering and addressed the and Before, Keynote address by the chairman addressed the gathering on the subject of relevance before the Key Note address delivered by the chairman, GBB. The vote of thanks was given by Dr. Aeshita Mukherjee, State Project Coordinator, UNEP-GEF-MoEF, GBB, Gandhinagar. Technical Session I (12:00 hrs to 14:00 hrs): After tea break, first technical session of the workshop started and the following deliberations were presented: 1. Ms. Lavannya Vishnu Sagar, Project Associate (Law and Policy) ABS Project, NBA, Chennai delivered her lecture on “The Biological Diversity Act, 2002: Key Provisions on ABS”. She has covered Pursuant to its obligation under CBD, India legislated the Biological Diversity Act, in 2002. The Act extends to the whole of India. The Act covers foreign nationals and entities, Indian nationals and entities, NRIs. The purposes of the Act were towards conservation, sustainable use and equitable benefit sharing. Further she explained the bodies (NBA, SBB and BMC) that are involved in the Act and how do they interplay their roles and functions in strengthening the Act and its implementation. Using lock and key concept, she elaborated how the NBA, SBBs and BMCs to work together to form the institutional framework for biodiversity legal regime in India vis-à-vis International compliance. She also clarified the Sections involved in the ABS Mechanism both at National and State level. Further she furnished with the information on Prior Informed Consent (PIC) of the Local Community/People via creating awareness and receiving their consent on particular issue. She also talked about Mutually Agreed Terms (MAT) and how does it rotate between the public and beneficiaries, e.g. Negotiations and term of acceptances. She clearly informed the gathering failing to respect the Act can lead to penalties for commencing offence: Cognizable, Non-Bailable. The talk concluded with providing rationale behind Exemption of Certain Biological Resources as any items including Biological Resources Normally Traded as Commodities. Presently, 190 plant species have been notified by the MoEF, Govt. India under section 40 of the act. The house opened for discussion and she clarified the queries raised by the participants. 2. Mr. Prakash Nelliyat, Project Associate (Economist) ABS Project, NBA, Chennai, presented his talk on “ECONOMICS AND BIODIVERSITY”. He initiated with a dimension on various challenges like Population growth, Development, Consumerism, Increasing pressures on ecosystem/Biodiversity, Loss of species and ecosystem (45-250 species loss per day). The emphasis was given on having a clear environmental policy agenda, which can entail innovative approach. Discussion on the equation of bio-resources vs increasing demand he said the basic challenge to any economic system is “How the scarce resources should be allocated to get maximum human satisfaction. He further explained the supply and demand linking the ecological and economics of the bio- resources. He mentioned ABS as an Innovative Approach and how to operationalize ABS principles using Economic instruments (compensation, subsidies, taxes, royalties, fines etc.)? There are no defined markets or economic instruments for biodiversity and ecosystem services which is the prime reason towards market failure in terms of Biodiversity usages. Various challenges that the valuation of biodiversity face are: In Biodiversity supply, demand and price mechanism do not function properly, Biodiversity values are implicit in general rather than explicit, Property rights of biodiversity are not clearly defined. The right in biodiversity /bio-resources is not protected. Excluding others from using the goods is not possible and hence rights based approach is difficult. Focusing on ABS, he said ABS framework provides guidance for the way in which genetic resources are accessed, and the way benefits are shared between people or countries using the resources (users) and the people or countries that provide them (providers). Providers of bio- resources are entitled to receive fair benefits from the users. The negotiation between a provider and a user of resources should be (monetary / non- monetary), based on the true/actual value of the resources. ABS acts as an economic incentive in conservation and sustainable use of biodiversity. He finished his presentation with a remark that Reliable valuation of bio-resources is a test and presently NBA is working on methodology for bio-resources valuation. House was then opened for discussion and he tried to satisfy the queries of the participants on the various aspects of economics related to the biodiversity and bio- resources.