A guide for planners and managers - IUCN

Box I-17. Funding MPAs through “Bioprospecting”
PART I
Institutional and Legal Framework
While financial resources for marine conservation are scarce, “biodiversity
prospecting”, or “bioprospecting” for sources of new products in MPAs that are rich in
genetic resources could harness market forces to provide new sources of funds for
conservation and sustainable development. Many MPAs were created in the hope that
they would support multiple uses compatible with conservation. Bioprospecting, like
specimen collection for biological research, ordinarily involves very low level harvesting
in the initial phase, making it an appropriate use of sanctuary resources. Bioprospecting
differs from other types of scientific research because the information and resources
gleaned from marine ecosystems have great potential to contribute directly to the
development of marine biotechnology and other industries.
Managers, including indigenous communities, should consider options for
marketing these assets and negotiating terms for access that ensure sharing of benefits
and sustainable collection practices. Indeed, local people and governments could also
create protected areas for the purpose of protecting and controlling access to natural
concentrations of genetic and biochemical resources.
Scientists must generally apply for permits before they are allowed to conduct
research in most parks. Park authorities should design permits that require researchers
to both obtain prior consent from local communities and channel a part of any profits
they derive back to the MPA and surrounding area, as support for continued conservation.
(In many countries, establishing such mechanisms will surely require changes in
authorizing legislation at the national level.) Such arrangements, often referred to as
bioprospecting contracts, may take a variety of forms and should include provisions for
employment of local people, scientific information and technology, training for and joint
research with host country scientists, fees for samples and a share of any profits. In return
for these provisions, industry would receive reliable access to protected concentrations
of resources.
Source: L. Denno, Prospecting in the Park: New Opportunities for Genetic Resource Conservation
and Development in the US MPAs, University of Delaware, 1995 (Master’s Thesis).
Recreational activities, including water sports, are usually regulated by zoning
the protected area and controlling people’s movements. For example, the Sainte Anne
Marine National Park Regulations (Seychelles) hold any person guilty of an offence “who
uses or causes or permits to be used in the National Park any surf-board or water-ski.”
The movement of vessels through the waters of coastal or marine protected areas
is encompassed by most coastal and marine protected area legislation. The common
purpose of this legislation is to allow free passage of vessels according to the rules
of maritime law. “The right of the coastal state to restrict navigation by foreign flag
vessels is circumscribed by international ocean law” (1982 UN Convention on the Law
of the Sea). “But vessel traffic may be controlled by shipping lanes, speed limits,
discharge restrictions and other measures, in accordance with international law.” It
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