8 THE STATE OF USE OF BIODIVERSITY FOR FOOD AND AGRICULTURE
9.1 National policies, programmes and enabling frameworks
9.1.5 Policies, programmes and enabling frameworks governing exchange,
9.1.5.1 Access to different components of associated biodiversity
Access to vascular plants, mosses, algae, parts of plants (including berries and fruit), fungi, lichens, terrestrial invertebrates and microorganisms is governed by the Nature Diversity Act. According to this Act, the King may make regulations or individual decisions regarding harvesting and other removal of plants and fungi that are not regulated by provisions laid down in or under another statute. The public right of access (Allemannsretten) gives the right to pick berries, fungi and flowers for personal consumption in most outlying areas, with the exception of some rare species (special rules exist for protected species). Under the Nature Diversity Act the King has the competence to make regulations for Prior Informed Consent (PIC) and Benefit-sharing. While there is no PIC requirement at present the government is working on the development PIC regulations.
Access to wildlife (e.g. terrestrial mamals, birds, reptiles and amphibians that occur naturally in the wild and their eggs, nests and lairs) is governed by the Wildlife Act. According to this Act, the King decides which species of wildlife may be hunted (game species) and during which periods of time hunting may take place. At present there is no PIC requirement.
Access to wild living marine resources and genetic material derived from them (including plant varieties, fungus species and invertebrates) is governed by the Marine Resources Act. At present there are no PIC or benefit-sharing requirements even if these could be applied by law.
Access to natural stocks of anadromous salmonids, fresh water fish, their habitats and other fresh-water organisms (plants and animals) is governed by Act No.47 of 15 May 1992 relating to salmonids and fresh-water fish etc. Under this Act it is prohibited both to release salmonids, fresh- water fish, live eggs or fry of such species and other organisms in water courses, fjords or the sea without permission from the Ministry and to initiate stock enhancement measures for salmonids and fresh-water fish without permission from the Ministry.
The Ministry may grant permission to catch broodstock or juvenile fish or to carry out scientific investigations, practical trials, or stock enhancement measures.
For statistical purposes, any person who sells, processes or uses salmonids or fresh-water fish for commercial purposes is required to report the weight and value of each fish species separately, as well as the name and address of the seller. At present there are no PIC or benefit-sharing
requirements even if these could be applied by law.
9.1.5.2 Access and benefit-‐sharing of traditional knowledge associated with biodiversity for food and agriculture
The Nature Diversity Act provides the legal framework for the protection of Sámi culture, with Chapter VII focusing on access to genetic material in particular. In June 2013, an amendment to the Nature Diversity Act was adopted by Parliament in order to be able to ratify the Nagoya Protocol. This amendment involved the expansion of Section 61 of the Act to include paragraph a. covering access to and utilization of traditional knowledge associated with genetic material.
to protect their interests when knowledge related to genetic material they developed, transmitted and preserved is being accessed and utilized. The King may issue regulations that access to and use of traditional knowledge requires the prior informed consent of IPLCs, which could also include sanctions in the case of illegitimate accession or utilization. The King may decide that the issued regulations also apply to traditional knowledge developed, transferred and conserved by IPLCs in another State, provided that access to or use of the knowledge also requires the prior informed consent of IPLC's under the law of that State.
Other relevant sections of the Nature Diversity Act include:
- Section 8 (knowledge base), which states that the authorities shall attach importance to knowledge that is based on many generations of experience acquired through the use of and
interaction with the natural environment, including traditional Sámi use, and that can promote the conservation and sustainable use of biological, geological and landscape diversity;
- Section 14 (other important public interests and Sámi interests), which mentions that measures under this Act shall be weighed against other important public interests. When decisions are made under the Act that directly affect Sámi interests, due importance shall be attached, within the framework that applies for the individual provision, to the natural resource base for Sámi culture; and
- Section 57 (management of genetic material), which refers to the fact that genetic material obtained from the natural environment is a common resource belonging to Norwegian society as a whole and managed by the state and that it shall be utilized to the greatest possible benefit of the environment and human beings in both a national and an international context, also attaching importance to appropriate measures for sharing the benefits arising out of the utilisation of genetic material and in such a way as to safeguard the interests of indigenous peoples and local
communities.
As a Contracting Party to the CBD, Norway has committed itself to implementing Articles 8(j) and 10(c) of the Convention, which entails the preservation of the traditional knowledge relating to biological diversity of Sámi. According to Article 8 (j), each contracting party shall respect, as far as possible and as appropriate, preserve and maintain knowledge, innovation and practices of
indigenous peoples and local communities and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from their utilization. Prior informed consent is currently seen as critical to securing these rights.
On 1 October 2013, Norway ratified the Nagoya Protocol83 that was adopted in 2010 and entered into force on 12 October 2014. The Protocol, as well as the process of its development have been significant steps in mainstreaming indigenous rights as a cross-cutting issue in international
83The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their
negotiations. Articles 5,84 7,85 1186 and 1287 of the Protocol are of particular relevance to the Sámi people. Work to bring national legislation relevant to access and benefit-sharing of genetic resources, as laid out in the Nature Diversity Act, in line with the Nagoya Protocol is still ongoing and a proposal is expected to be presented soon.