Agro Biodiversity Policy, 2007 (First Amendment) 2014

4.1 To identify, conserve, maintain, develop and sustainable use of Agro biodiversity and Traditional knowledge.

4.2 To establish farmers’ rights in agriculture genetic materials/ resources and traditional knowledge.

4.3 To carryout fair and equitable distribution of agriculture genetic 15 materials/resources and traditional knowledge as well as the benefit acquired from the access of it.

4.4 To manage, conserve and sustainable use of Agro biodiversity and Traditional knowledge to balance the ecosystem attuned with climate resilience and reduce the impacts of climate change. 5. The following amendment and addition and consolidation is made of Original Policy contain in Clause 5.

5.1 The following polices shall be perused to identify, conserve, manage, develop and sustainable use of Agro biodiversity and Traditional knowledge.

5.1.1 In-Situ conservation and maintenance

5.1.1.1 In-Situ conservation shall be done based on potential use as well as risk analysis through survey, collection and evaluation of genetic materials/resources existed in In-Situ surroundings.

5.1.1.2 Cooperation with concerned agencies shall be made to conserve and sustainable use of food, agriculture, and birds as well as natural habitats of their wild relatives which assist and contribute the ecosystem services.

5.1.1.3 Agricultural biodiversity hotspots shall be identified and conserved. Agro Biodiversity conservation areas shall be developed in such spots with the participation of farmers.

5.1.1.4 In order to implement agro biodiversity conservation programs with high priority, coordination shall be established between the governmental, nongovernmental and private institutions working in the area of agriculture and livestock development extension service, research and education.

5.1.1.5 Effective cooperation shall be extended and institutionalized between agriculture, forestry and environment sectors to conserve and utilize agriculture biodiversity.

5.1.1.6 Priority shall be given to conserve and maintain agriculture biodiversity in biodiversity conservation programs conducted at the landscape and ecosystem level.

5.1.1.7 Documentation and registration of Agro Biodiversity and traditional knowledge shall be made at local and national level. 16

5.1.1.8 To foster the access and use of genetic material/resources for food and agriculture, genetic resources held at International Genebanks shall be accessed through the National Agriculture Genetic Resources Centre.

5.1.1.9 Cooperation shall be done with National Agriculture Genetic Resources Centre, semen bank, community seed bank, agronomy/horticulture/livestock farms and other research institutions to promote In-Situ conservation, restoration, research, and development of Nepalese genetic resources conserved at international level.

5.1.1.10 To promote community based biodiversity management system, different programs such as community biodiversity documentation, biodiversity fair, community seed bank, field genebank, semen bank and biodiversity management fund shall be conducted and promoted.

5.1.1.11 Custodian farmers shall be identified, documented and encouraged to conserve and use of agricultural biodiversity.

5.1.2 Ex-Situ Conservation and preservation

5.1.2.1 Exploration, identification, documentation, characterization, regeneration, evaluation and mapping shall be carried out for the Ex-Situ conservation of genetic resources.

5.1.2.2 Technical and financial assistance shall be arranged for institutional strengthen and expansion of network in national and international level to National Agriculture Genetic Resources Centre including the conservation of animal genetic resources.

5.1.2.3 Arrangement shall be made to conserve agriculture genetic resources in National Agriculture Genetic Resources Centre.

5.1.2.4 Arrangement shall be made to be associated with the Multilateral System of Access and Benefit Sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture.

5.1.2.5 Priority shall be given to conserve, use and restore the endangered plants, animals and other useful species of food and agriculture.

5.1.2.6 Emphasis shall be given for surveying, study/research, investment, technology development and transfer for Ex-Situ 17 conservation of agriculture genetic resources.

5.1.2.7 Cooperation and coordination work shall be expanded among National Agriculture Genetic Resources Centre, semen bank and community seed bank for effective Ex-Situ and In-Situ conservation programs.

5.1.3 Sustainable Use

5.1.3.1 Priority shall be given to the programs such as organic based integrated farming system, home garden, agro forestry, bio-village, urban forestry and agro-ecotourism to enhance sustainable use of agro biodiversity.

5.1.3.2 Effectiveness of resources shall be increased by emphasizing the use of ecological agriculture production inputs such as vermicompost, biofertilizers, biopesticides and pollination services as well as through awareness training.

5.1.3.3 Farmers’ traditional seed production and distribution system shall be conserved and strengthened.

5.1.3.4 Eco-friendly agriculture production and industry/business contributing to Agro biodiversity conservation and promotion shall be encouraged.

5.1.3.5 The use of local genetic resources, traditional and modern knowledge shall be promoted in crops and livestock breeding, reservoir and watershed management programs etc. Farmers’ participation shall be encouraged and given special importance in such programs.

5.1.3.6 For the sustainable use of agro biodiversity, production growth, employment and income generating programs shall be conducted in cooperation and in partnership with public, farmers’ community (women, indigenous, ethnic and disadvantaged group) and private sector.

5.1.3.7 Special priority shall be given for conservation, development and use of the neglected and underutilized species. Management, breeding, quality enhancement, value addition and market promotion activities of such species shall be included in the research and dissemination programs conducted by the public sector.

5.1.3.8 Arrangement shall be made for raising the awareness on the importance, significance of agriculture biodiversity, its 18 conservation, promotion, development and sustainable use through formal and informal education and awareness. Emphasis will be given to increase the capacity of the manpower involved.

5.2 The following polices shall be adopted to protect the farmers’ rights on protecting the genetic material and resources as well as traditional knowledge.

5.2.1 The necessary programs shall be conducted for protection, promotion and use of farmers’ traditional knowledge including women, indigenous community, ethnic people and marginalized groups.

5.2.2 Farmer groups/committees shall be registered and legally recognized for identification, conservation, promotion and use of agriculture biodiversity.

5.2.3 The farmers, scientists, technicians, concerned persons and institutions who render outstanding contribution in conservation and sustainable use of agriculture biodiversity shall be rewarded.

5.2.4 Farmers’ right in the production, selling and distribution of farmer developed varieties/breeds of plants, livestock and other living things shall not be hampered. Also no intervention shall be made against farmers’ rights of producing, storing, exchange, sale and re-use of farm-saved seeds.

5.2.5 The farmers’ participation in local and national decision making process on matters related to the conservation and sustainable use of agricultural biodiversity shall be ensured.

5.2.6 To ensure mainstreaming, conservation, promotion and development of agriculture biodiversity in local level planning process, responsibility shall be given to local bodies.

5.2.7 In case of losses to farmers from the biopiracy of genetic materials/resources or illegal transaction of seeds or traditional knowledge, provisions shall be made to compensate from the perpetrators.

5.3 The following policies shall be adopted for the access to agricultural genetic material and resources and traditional knowledge and to share the benefits arising from the utilization of those resources in a fair and equitable way. 19

5.3.1 The farmers’ share shall be ensured in the sharing of benefits arising from access to agricultural genetic material and resources and traditional knowledge.

5.3.2 The provision shall be made for the implementation, coordination and management of the multilateral system of access and benefit sharing under the International Treaty on Plant and Genetic Resources for Food and Agriculture and take the maximum advantage of it. For this, a competent authority shall be established at national level and such authority shall be made having full power and resources. The necessary arrangement shall be made to harmonize the provision of other treaty and convention and other laws for the implementation of said treaty while doing so, and the assignment of responsibility shall be arranged by making capacity building of appropriate institution among the working institutions in concerned area while assigning the institutional framework and national competent authority or body.

5.3.3 One window system shall be adopted to regulate the various aspects envisioned in International Treaty on Plant Genetic Resources for Food and Agriculture.

5.3.4 The necessary arrangements shall be made to take the maximum benefit of multilateral system under the Global Plan of Action and Interlaken Declaration for animal genetic material by enlisting animal genetic resources.

5.3.5 Collaborative actions shall be made to develop legislative procedures regarding the conditions and prior inform consent and benefit sharing that are accepted by both the parties for the access of genetic material and resources and the traditional knowledge.

5.3.6 Policy and laws shall be arranged in such a way that there shall be no adverse effect on farmers’ right with the intellectual property rights.

5.4 The following policies shall be adopted to promote the balanced ecosystem and to contribute in minimization of global warming by conservation, development and utilization of agriculture biodiversity.

5.4.1 The special priority shall be given to the conservation of 20 agricultural biodiversity and eco-friendly development while assessing the effects of development projects.

5.4.2 The bio-safety protocol shall be developed and implemented while importing genetically modified organism for study, research, development and use. The seeds developed by using terminator technology shall be banned completely.

5.4.3 The identification, documentation, study/research, evaluation and mapping of the genetic material and resources capable of adopting climate change shall be done and such species and varieties shall be developed and conserved.

5.4.4 The study, research, supervision and conservation of pollinators and other helpful ecosystem services shall be made for the sustainable implementation of ecosystem and ecology involved in agriculture production system. Moreover, the production inputs shall be used that are friendly for pollinators, natural enemies and soil biota.

5.4.5 The emphasis shall be given on the use of insecticides that are safe for conservation of pollinators as well as other helpful insects, and their natural habitats, Integrated Pest Management and promotion of organic farming.

5.4.6 In the context of eroding/ endangering of genetic resources and their natural habitats due to inflated population, deforestation, urbanization and land degradation, scientific soil management technologies shall be promoted including the erosion control, conservation of forest and natural habitat in collaboration with concerned authorities.

5.4.7 To identify and control the invasive species, procedures shall be developed with the help of concerned authorities and required way shall be followed. 6. The following revision is made inserting Schedule 2 of Original Policy with following amendment on the Implementation and Monitoring of Original Policy contain in Clause 6. Implementation, Coordination and Monitoring

6.1 Participatory system shall be promoted by ensuring the involvement of concerned stakeholders in the planning, monitoring and evaluation of agricultural biodiversity from local level to central level. 21

6.2 There shall be the National Agricultural Biodiversity Conservation Committee in national level for the implementation, coordination and monitoring of above mentioned policies. The formation of committee shall be as follows: Secretary, Ministry of Agricultural Development Chairperson Joint Secretary (Agriculture), National Planning Commission Member Joint Secretary (Environment), Ministry of Forest and Soil Conservation Member Joint Secretary (Environment), Ministry of Science, Technology and Environment Member Joint Secretary (Environment), Ministry of Industry Member Joint Secretary (Environment), Ministry of Federal Affairs and Local Development Member Executive Director, Nepal Agricultural Research Council Member Director General, Department of Agriculture Member Director General, Department of Livestock Services Member Director General, Department of Food Technology and Quality Control Member Director General, Department of Plant Resource, Ministry of Forest and Soil Conservation Member Director General, Department of Environment, Ministry of Science, Technology and Environment Member Chief, National Agriculture Genetic Resources Centre Member Expert Representative, Agriculture and Forestry University Member Expert Representative, Institute of Agriculture and Animal Science, Tribhuvan University Member Member Secretary, National Seed Board Member Representative, Non Governmental Organization having Involved in Agriculture Biodiversity Conservation* Member Representative, Farmer Organization (Female 1, male 1) involving in Agro Biodiversity Conservation Member * Nominated by Committee 22 Joint Secretary, Food Security and Environment Division,* Ministry of Agricultural Development Member Secretary Concerned person or representative of organizations may be invited in the meeting of committee as per necessity.

6.3 Above mentioned committee shall coordinate and cooperate with National Biodiversity Coordination Committee including other concerned authorities. Local units shall be appointed at Nepal Agriculture Research Council, Department of Agriculture and Department of Livestock Services in order to conduct and coordinate the programs relating to agriculture biodiversity.

6.4 The committee itself shall describe the working procedure and meeting modalities.

6.5 The following Agro Biodiversity Technical Advisory Sub Committee shall be formed to provide required technical assistance to the National Agriculture Biodiversity Conservation Committee: Joint Secretary, Food Security and Environment Division,* Ministry of Agricultural Development Chairperson Chief, Agriculture Biodiversity Section, Ministry of Agricultural Development Member Chief, Agriculture Biodiversity Section, Ministry of Forest and Soil Conservation Member Chief, Agriculture Biodiversity Contact Authority, Department of Agriculture Member Chief, Agriculture Biodiversity Contact Authority, Department of Livestock Services Member Nominated Individual (3 Individuals) on the basis of expertise1 Member Chief, National Agriculture Genetic Resources Centre Member Secretary 7. Clause 7 is inserted in Original Policy.

7.1 Necessary Act, Rule and Directives/Procedure shall be framed for the implementation and monitoring of this Policy and necessary institutional arrangement shall be done.

7.2 Schedule 2 has been repealed. * Currently: Food Security, Agribusiness Promotion and Environment Division 1 The tenure of the nominated members shall be two years from the date of nomination * Currently: Food Security, Agribusiness Promotion and Environment Division 23 Scope of work of Agriculture Biodiversity (Relating to Part E of Clause 2)*. The following amendment and revision are made regarding Schedule - 1. (a) Agriculture Genetic resources • Plant genetic resources (forages and pasture species including tree species that are integral part of production system) • Livestock genetic resources • Fisheries genetic resources • Insect genetic resources • Micro-organism genetic resources • Wild relatives of cultivated and domesticated livestock species (b) Ecosystem services associated with agricultural production system and living organism providing such services • Nutrient cycle • Decomposition • Soil health • Pest and disease regulation • Pollination • Habitat conservation management • Water cycle conservation • Carbon sequestration • Soil erosion control • Climate regulation • Others (c) Non-living factors affecting Agro biodiversity. (d) Social, economical and cultural factors • Traditional and local knowledge, cultural factors and inclusive processes. • Agro eco-tourism and other socio-economic aspects. * Based on CBD, 1992 Conference of the Parties, resolution No. V/5 24