The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers

"The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers" ABSTRACT Yovana Reyes Tagle The misappropriation of TK has sparked a search for national and international laws to govern the use of indigenous peoples knowledge and protection against its commercial exploitation. There is a widespread perception that biopiracy or illegal access to genetic resources and associated traditional knowledge (TK) continues despite national and regional efforts to address this concern. The purpose of this research is to address the question of how documentation of TK through databases and registers could protect TK, in light of indigenous peoples increasing demands to control their knowledge and benefit from its use. Throughout the international debate over the protection of TK, various options have been brought up and discussed. At its core, the discussion over the legal protection of TK comes down to these issues: 1) The doctrinal question: What is protection of TK? 2) The methodological question: How can protection of TK be achieved? 3) The legal question: What should be protected? And 4) The policy questions: Who has rights and how should they be implemented? What kind of rights should indigenous peoples have over their TK? What are the central concerns the TK databases want to solve? The acceptance of TK databases and registers may bring with it both opportunities and dangers. How can the rights of indigenous peoples over their documented knowledge be assured? Documentation of TK was envisaged as a means to protect TK, but there are concerns about how documented TK can be protected from misappropriation. The methodology used in this research seeks to contribute to the understanding of the protection of TK. The steps taken in this research attempt to describe and to explain a) what has been done to protect TK through databases and registers, b) how this protection is taking place, and c) why the establishment of TK databases can or cannot be useful for the protection of TK. The selected case studies (Peru and Venezuela) seek to illustrate the complexity and multidisciplinary nature of the establishment of TK databases, which entail not only legal but also political, socio-economic and cultural issues. The study offers some conclusions and recommendations that have emerged after reviewing the national experiences, international instruments, work of international organizations, and indigenous peoples perspectives. This thesis concludes that if TK is to be protected from disclosure and unauthorized use, confidential databases are required. Finally, the TK database strategy needs to be strengthened by the legal protection of the TK itself.

Environment and resources of seamounts in the North Pacific: Proceedings of a workshop, March 21-23, 1984, Shimizu, Japan

The trawl fishery for pelagic annorhead, Pseuaopentaceros wheeleri(fonnerly referred to as Pentaceros richardsoni), and alfonsin, Beryx splendens, over the central North Pacific seamounts has a relatively short history. Before 1967, fishery scientists were generally unaware of the resources on seamounts; however, the discovery of commercial concentrations of pelagic armorhead on seamounts in the southern Emperor Seamounts by a Russian commercial trawler in November 1967 led to almost immediate exploitation of the species by the Soviets. Unconfinned reports indicated that the schools of pelagic annorhead on the seamounts averaged 30 m thick and catches averaged from 3 to 50 metric tons on 10-20 min hauls (Sakiura 1972). Japanese trawlers entered the fishery in 1969. To assist in the development of this tishery, Japanese research vessels conducted extensive surveys in 1972 on the distribution and potential for development ofthe pelagic armorhead and alfonsin resources. The results of their surveys to the central North Pacific and mid-Pacific seamounts showed that many had summits that were too deep for trawling. Those found suitable were concentrated in the southern Emperor-northern Hawaiian Ridge. (PDF file contains 113 pages.)

Small-scale fisheries resources management options - an overview: a key note address

Small-scale fisheries is traditional and rural based. Therefore, the paper is an over view of small-scale fisheries resources management in Nigeria. It provides about 80-90% employment to surrounding population. The small-scale fisheries are grouped in to two major sectors:- the artisanal or capture fisheries and aquaculture farming. The paper identified some management problems such as:- multi uses of the water bodies, lack of or inadequate data upon which sound management strategies are based, ownership of inland water bodies is a problem, uncontrolled exploitation hampers sustainable development, poor and low technology and lack of capital, land and credit facilities. The paper presented some management options for sustainable management. Measures to reduced fish spoilage have been advanced. Also highlighted is the role of fish culture in small-scale fisheries management

An evaluation of artisanal fisheries resources in Cross River State

Artisanal fisheries resources and its exploitation trends in Cross River State were evaluated using questionnaire and participatory Rapid Appraisal (PRA) methods for a period of 5 years (1991-1995). They were open-access or unrestricted access fishing in Cross River State within the period under view. It was also discovered that, they were no proper records from the Department of fisheries. There was a decline in the relative abundance of the stock that constituted the important marine and freshwater fisheries in Cross River State Artisanal fisheries (small-scale fisheries) yielded 146,076 metric tons within the period. It was suggested therefore, that government should enforce the policies that restrict open-access in marine artisanal fisheries in Cross River State

NEW METHODOLOGY FOR FEEDER RECONFIGURATION IN DISTRIBUTION NETWORKS WITH DISTRIBUTED ENERGY RESOURCES

This doctoral Thesis defines and develops a new methodology for feeder reconfiguration in distribution networks with Distributed Energy Resources (DER). The proposed methodology is based on metaheuristic Ant Colony Optimization (ACO) algorithms. The methodology is called Item Oriented Ant System (IOAS) and the doctoral Thesis also defines three variations of the original methodology, Item Oriented Ant Colony System (IOACS), Item Oriented Max-min Ant System (IOMMAS) y Item Oriented Max-min Ant Colony System (IOACS). All methodologies pursue a twofold objective, to minimize the power losses and maximize DER penetration in distribution networks. The aim of the variations is to find the algorithm that adapts better to the present optimization problem, solving it most efficiently. The main feature of the methodology lies in the fact that the heuristic information and the exploitation information (pheromone) are attached to the item not to the path. Besides, the doctoral Thesis proposes to use feeder reconfiguration in order to increase the distribution network capacity of accepting a major degree of DER. The proposed methodology and its three variations have been tested and verified in two distribution networks well documented in the existing bibliography. These networks have been modeled and used to test all proposed methodologies for different scenarios with various DER penetration degrees.

Management of wetland resources in the lower Mekong Basin: issues and future directions

The Lower Mekong Basin has extensive wetlands and these are being threatened by numerous problems. Most of these problems are interdependent and interact with one another. The lack of an appropriate definition of wetlands applicable to the region, pervasive inefficiencies and chronic lack of funds among riparian governments, and the poor appreciation of the true economic importance of wetlands and its resources are among the most prominent. The current definition, based on the Convention on Wetlands (Ramsar, Iran, 1971), is too broad when compared to the understanding of wetlands as being swamps, marshes and the like, and was developed specifically for wetlands with international importance as waterfowl habitats. Furthermore, wetlands are composed of different types of resources, which require different modes of management. Often, institutional competition, overlapping mandates and sometimes jealousies occur between government departments when they try to assert their authority on a particular wetland resource and use, and put forward their development plans without considering how these may conflict with other wetlands uses. Finally, effective wetland management requires reliable statistics or information on rate of harvest of natural resources such as fish and others, fishing/harvesting methods over time in order to determine the level of exploitation, and the status of the natural resources. This information is needed to identify opportunities for expansion, to establish historical trends, and to determine when management interventions are necessary to protect the resources from being overused by other developments. In order to address these issues, ICLARM - The World Fish Center has launched a project, the aim of objectives of which are described in this paper.

A preliminary study on the fishery resources of the mangrove swamps of Sundarbans, West Bengal

West Bengal holds an important position in fisheries development as the state has all types of captive, culture freshwater and brackish water fisheries. A survey of forest areas of Sundarbans indicates the total annual catch to be 2500 metric tonnes. On average 4,000 persons are engaged in daily fishing with 1.5 kilogrammes of fish catch per fisherman per day and during the 6 months from September to February on an average 6,000 persons are engaged in fishing. About 70% of total catch of fish is collected during this period. Statistical analysis of the data collected for the study has clearly indicated that a rational and scientific exploitation of fish species inhabiting the rivers and creeks of Sundarbans estuary has immense economic potentialities.

Assessment and possible development of the fishery resources of Pedro Bank

Pedro Bank is about 1,300 square miles in extent and lies at the mouth of the Palk Strait close to the mainland, enabling smaller boats to exploit it. Trawl surveys indicated the presence of substantial demersal varieties on the Pedro Bank, but the results of the early commercial operations indicate that a 135-foot trawler may not be operated continuously on the bank without diminishing returns. Subsequent to the commercial operations extensive surveys with smaller boats and various types of gear were carried out. Of the various types of gear tried out, results from bottom long lining and hand lining operations were promising. Trials were carried out to compare these two types of gear. Though not extensive, these trials indicated that at the initial stages of exploitation of the Bank, hand lining, which is extensively practiced in Ceylon, may be better but as exploitation progresses; with more experience, it should be possible to overcome some of the present disadvantages of bottom long lining and eventually bottom long lining should produce better results. The recently introduced mechanised craft are exploiting only the fringe of the bank and it should be possible to exploit its stocks fully with slightly bigger boats with a 35-40 mile range.

Resources of the Wadge and Pedro Banks

Sri Lanka's interest in trawler fishing dates back to 1902 when a Colombo merchant attempted to operate a trawler off Sri Lanka's waters. The next attempt was made in 1907. These attempts did not proceed any further. Between 1920 and 1923 a very comprehensive survey of the littoral waters around the island was carried out. One of the principal aims of the survey was to investigate the possibility of trawler fishing in the seas around. Malpas (1926) and Pearson and Malpas (1926) reporting the results of the survey indicated that the Wadge and Pedro banks were the only areas available for commercial trawler operations and indicated that the fish resources in the two banks could be profitably exploited. Commercial exploitation of the Wadge bank commenced in 1928 and a fishery is now firmly established in the bank. The Marine Biologist and the Director of fisheries in their administration reports and Sivalingam and Medcof (1957) and the author (1965) have reported on the progress of the Wadge bank fishery. Some of the trends indicated by an analysis of the records of the commercial trawling operations are further discussed in this paper.

Brackish-water fishery resources

Ceylon has about 300,000 acres of coastal brackish-water areas of which about 100,000 acres constitute shallow lagoons, tidal flats, mangrove swamps and saline marshes, and the rest deeper lagoons and estuaries. While the former represent a vast potential resource with regard to fish farming, the latter are the sites of important fisheries. W. H. Schuster (1951) estimated the average natural production of Ceylon’s brackish waters to be less than 20 lbs. per acre per annum. Since then estimates have been made by the author for a rich lagoon, the Negombo lagoon, a poorly productive lagoon, the Ratgama lake (Dodanduwa) and studies are in progress of some of the other lagoons. The natural production of the Ratgama lake was estimated in 1959 to be 18.5 lbs. per acre per annum while that of Negombo lagoon was estimated in 1960 to be 65 lbs. per acre per annum. It is reasonable to estimate the average production of Ceylon's brackish-waters to be 25 lbs. per acre per annum. Thus the total production is about 3,350 tons per annum. Considering the fact that the island's present total production is 90,000 tons per annum, the brackish-waters contribute 3.7% of it. Schuster (1951) further states that the natural production in the brackish-waters of other countries is around 80 lbs. per acre per annum. In order to increase our average natural production to this value it would seem necessary to consider the nature, biology and fish resources of the brackish-waters and draw some conclusions with regard to their proper exploitation.

An aerial survey for surface tuna resources in the seas around Ceylon

An aerial survey of the off shore range around Ceylon, for a quick evaluation of the potential surface tuna resources, for commercial exploitation, was organised by Mr. Manuel R. Cintas of Ocean Blazer Inc. (Commercial tuna), San Diego, California and his associate Mr. R. Perera. The organisers offered, through the Hon'ble Minister of Fisheries, to take an officer of the Fisheries Research Station, Ceylon, as an observer and the author participated in that capacity. Dr. V. Arkely served as the photographer. The survey period was within the South-West monsoon season and extremely bad weather with high speed winds were experienced particularly off the North-West and South coasts. Except during these two trips, an average altitude of 1,000 ft. and a flying speed of 110-115 m.p.h. were maintained. The program was to cover the off shore range between 15 miles and 50 miles, from shore. The total number of hours of flying was eighteen. Details of the flight plan are shown in figure 1.

Characterization of the fisheries of the major and minor lakes of Uganda and the socio-economic factors influencing fishery exploitation

There is growing recognition that the performance of the fisheries sector depends on the communities responsible for activities within it. These communities include fishers, processors, fish mongers, traders, local leaders, fishery administrators etc. On the basis of this, characterisation and diagnostic studies were conducted in 1995 focussing on mainly the fishers and opinion leaders on the major and some minor water bodies in Uganda. The study revealed that the desire to earn income is the driving force behind the malfishing practices experienced on Uganda fisheries. The destructive fishing gears and fishing methods as responses advanced by the fishers and opinion leaders were seines and cast nets on lakes Victoria, Kyoga and Albert and to a less extent traps

National Agricultural Research Organisation. Fisheries Resources Research Institute Annual Report 2000/2001

It is now clear that fisheries resources are among the key assets contributing to the national development objective of poverty eradication through providing food, employment, income and export earnings. It was recently reported in the papers that monthly fish exports had increased by 23% and fetched about US$ 10 Million during the month of November 2001 alone. This value may be underestimated as it is based solely on recorded exports from fish processing factories numbering 12. Although fisheries resources are renewable they can be depleted through unsustainable exploitation. It is therefore important to ensure that there is guided development and management of this asset so that it can continue contributing to the livelihood of the people who depend on it. Therefore, FIRRI contributes to the fisheries sub-sector developmental objective of ensuring increased and sustainable fishery production and utilization by providing information to guide sustainable management of capture fisheries resources and development of aquaculture.

National Agricultural Research Organisation. Fisheries Resources Research Institute Annual Report 2001-2002

Fisheries continue to be important in the national economy, especially as an export commodity. Fish exports increased from 15,876 tonnes valued at 34.4 million US$ in 2000 to 28,153 tonnes valued at 79.0 million US$ in 2001. Consequently information for sustainable exploitation and management of fish stocks is a priority. In order to fulfill this requirement, FIRRI has been implementing two research projects. The first project focuses on sustaining and increasing capture fisheries production through management of fish stocks, biodiversity and environment of aquatic systems. The second project focuses on increasing fish production through improved fry production and pond management and feeding of cultured species.

Stock assessment of the demersal offshore fishery resources off the Karnataka coast

The total biomass of the demersal stocks in the depth range of 30-200m between 12°401 and 15°N latitudes in the Indian Exclusive Economic Zone is estimated to be a:round 1,23,000 metric tons (t). There is scope for doubling the present catch of about 40,000 t from demersal resources by extending exploitation to 50-200m depth zone. About 78% of this increase is expected to come from four species, namely, Nemipterus japonicus, Priacanthus macracanthus, Saurida tumbil and Arius spp.