Consider the following statements:
- 1. In India, the Biodiversity Management Committees are key to the realization of the objectives of the Nagoya Protocol.
- 2. The Biodiversity Management Committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction.
Which of the statements given above is/are correct?
Statement 2 is correct. The Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004, specify the functions of BMCs. These include documenting local biodiversity, promoting conservation and sustainable use, and playing a role in access and benefit sharing related to biological resources and traditional knowledge. Rule 22 of the Rules explicitly grants BMCs the power to “levy charges by way of collection fees from any person for accessing data or information held by the Committee including from commercial utilization.” Further, Section 7 of the Act requires obtaining prior intimation to the BMC for access to biological resources for commercial use within their area, allowing BMCs to determine access and benefit-sharing conditions.