Understand the UK requirements for marine genetic resources under the Biodiversity Beyond National Jurisdiction Act 2026

AboutWhat this guidance covers

Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 sets out obligations relating to:

• marine

  MGR genetic resources of areas beyond national jurisdictionnational jurisdiction

• digital

  DSI sequenceon information on marinethose genetic resources of areas beyond national jurisdictionMGR

Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 extends to England and Wales, Scotland and Northern Ireland, and the devolved Governments have been consulted on this guidance.

Understand what marine genetic resources are

MarineMGR genetic resources are:

Understand what digital sequence information is

For the purposes of the Biodiversity Beyond National Jurisdiction Act 2026, digitalDSI sequence information means DNA or ribonucleic acid (RNA) sequences in digital form.

Check if this guidance is relevant to you

This guidance may be relevant if you are:

• participating in marine scientific research in areas beyond national jurisdiction involving the collection of MGR, including sampling for environmental DNA (e-DNA)

• responsible for managing marine scientific research in areas beyond national jurisdiction

• responsible for vessels or equipment used in marine scientific research

• undertaking research on MGR of areas beyond national jurisdiction for commercial or non-commercial purposes

• undertaking research on DSI on MGR of areas beyond national jurisdiction for commercial or non-commercial purposes

• responsible for repositories where MGR of areas beyond national jurisdiction are deposited

• responsible for databases where DSI on MGR of areas beyond national jurisdiction are stored

Check where the obligations apply

Collection

The obligations in Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 apply to the collection and sampling of MGR in areas beyond national jurisdiction using a UK craft.

Related guidance: Collection of marine genetic resources in areas beyond national jurisdiction

The obligations in Part 2 do not apply to:

• fishing activities

• fishing-related activities

• collection or sampling of MGR in Antarctica

Related guidance: Check if an exception applies to your activity

Check where collection obligations do not apply

The obligations in Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 do not apply to the collection or sampling of MGR from areas within national jurisdiction.

These areas include:

• a territorial sea

• a contiguous zone

• an exclusive economic zone

• a continental shelf up to 200 nautical miles

• any maritime zone of a UK Crown Dependency or Overseas Territory, for example an exclusive fishing zone or an ecological protection zone

Conducting marine scientific research within another country’s waters

If you are planning to conduct marine scientific research within the territorial sea, contiguous zone or exclusive economic zone of another country, read:

• Marine Science Research (MSR) guidance

Collecting marine genetic resources within another country’s waters

If you are planning to collect MGR from within the territorial sea, contiguous zone or exclusive economic zone of another country, read:

• Regulations: Nagoya Protocol on access and benefit sharing (ABS)

Understand the continental shelf beyond 200 nautical miles

The BBNJ Agreement applies to both the water column and the seabed.

Even if a country has a continental shelf beyond 200 nautical miles, the water column above that continental shelf is an area beyond national jurisdiction. The BBNJ Agreement and obligations under the Biodiversity Beyond National Jurisdiction Act 2026 therefore apply to the collection of MGR from that water column.

However, a country with a continental shelf beyond 200 nautical miles has sovereign rights with respect to the exploitation of the mineral and other non-living resources of the continental shelf beyond 200 nautical miles.

A country has the right, in accordance with the provisions of the United Nations Convention on the Law of the Sea, to designate areas of its continental shelf beyond 200 nautical miles as areas for exploration or exploitation of natural resources, for example oil and gas fields, and can control activities in those locations.

A country also has sovereign rights for the purposes of exploring and exploiting living organisms belonging to sedentary species on the continental shelf beyond 200 nautical miles.

The consent of the country with a continental shelf beyond 200 nautical miles is required for any activity, including the collection of MGR, that involves drilling on the continental shelf.

Utilisation

The obligations in Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 relating to the utilisation of MGR of areas beyond national jurisdiction and DSI on those MGR apply to activities in the UK.

Related guidance:

• Understand whether your activity counts as utilisation

• Report information for a marine genetic resource utilisation project

• Report information for a digital sequence information utilisation project

The obligations in Part 2 do not apply to:

• fishing-related activities

• utilisation of MGR from Antarctica

• utilisation of DSI on MGR from Antarctica

Related guidance:

• Check if an exception applies to your activity

Understand how the requirements may change in future

The Biodiversity Beyond National Jurisdiction Act 2026 implements the UK’s obligations under the BBNJ Agreement.

The Conference of the Parties to the BBNJ Agreement will hold its first meeting in January 2027. Future decisions made under Part II of the BBNJ Agreement may require changes to the way Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 operates.

The Act contains powers that allow the Secretary of State, Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to update relevant domestic legislation in response to decisions made by the Conference of the Parties.

The Act also contains powers that may be used to ensure that individuals, institutions and businesses are not required to provide the same collection or utilisation information both to the UK and to another country. This is intended to reduce unnecessary burdens and support the integrity of the international transparency framework established under the BBNJ Agreement.

If you believe that you may be required to submit collection or utilisation information both to the UK and to another country, contact the UK BBNJ Focal Point:

bbnjfocalpoint@fcdo.gov.uk