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Equitable Benefit Sharing

Equitable Benefit Sharing. Dave Watumull and Jim Gaines Presentation to the Temporary Bioprospecting Commission 10/26/07. Prerequisites – The State First Must:. Assert Ownership of Bioprospecting Assets

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Equitable Benefit Sharing

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  1. Equitable Benefit Sharing Dave Watumull and Jim Gaines Presentation to the Temporary Bioprospecting Commission 10/26/07

  2. Prerequisites – The State First Must: • Assert Ownership of Bioprospecting Assets • Establish a Permanent Bioprospecting Commission – (the “Hawai’i Bioprospecting Commission” or HBC)

  3. State Ownership of Bioprospecting Assets • HSC XI, Sec. 1: “conserve and protect Hawaii’s natural beauty and all natural resources, including land, water, air, minerals and energy sources…All public natural resources are held in trust by the State for the benefit of the people” • Cultural oversight: HRS§1-1, 7-1, 343-2; HSC Art XII, Sec.7; court cases • All land, ocean, under water, etc. • Land ownership does not define bioprospecting ownership • State, Private, Ceded, Hawaiian Homes

  4. Hawai’i Bioprospecting Commission • Attached State Agency • To OHA? DBEDT? DLNR? • Similar BOD as Temporary Commission • HBC has full powers • Permit, License, Monitor, etc. • Prior Informed Consent, Safety Protocols, Cultural Rights • Receive benefits

  5. Equitable Benefit Sharing(All proceeds go first to Commission) • Operating Expenses first; then • 10% State General Fund • 10% Landowner • 80% to: • Preservation of bioprospecting environment (indigenous and native species, etc.) • Native Hawaiian health • STEM education in public schools • UH bioprospecting program support • Other programs as determined by Commission

  6. Next Steps • Ask Leg in report and next session to • Assert ownership of bioprospecting assets • Establish, fund, define permanent “Hawaii Bioprospecting Commission” or HBC and its mission • BOD • Executive Director • Staff • Define Basic Principles (PIC, EBS, CR, BP, LP, etc.) • Define Categories of Benefit Sharing • HBC to work out details of Basic Principles and Benefit Sharing

  7. Equitable Benefit Sharing Dave Watumull and Jim Gaines Presentation to the Temporary Bioprospecting Commission 10/26/07

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