Academic literature on the topic 'Aquatic genetic resources conservation – Law and legislation'

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Journal articles on the topic "Aquatic genetic resources conservation – Law and legislation"

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Peña Neira, Sergio. "Sharing the benefits of marine genetic resources in the High Seas for conservation?" Ocean & Coastal Management 146 (September 2017): 129–34. http://dx.doi.org/10.1016/j.ocecoaman.2017.06.014.

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Doynikov, P. I. "On the Qualitative Improvement of the Wildlife Protection Legislation." Lex Russica, no. 8 (August 27, 2021): 118–25. http://dx.doi.org/10.17803/1729-5920.2021.177.8.118-125.

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The Russian Federation is inhabited by about 150 thousand species of animals and this figure accounts for 9% of the world’s fauna. Guided by the logic of the utilitarian economic and legal approach called rational use of natural resources, this number includes a set of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of Russia, which are only part of the subject of the emerging complex branch of faunal law, together with wild animals in captivity, service animals, domestic animals, agricultural animals, and living organisms obtained as a result of the use of genetic engineering technologies. Higher mammals are sentient beings, that is, they are capable of experiencing suffering, pain, emotions, and the development of intelligence is confirmed by solving the most complex natural problems and puzzles, which allows us to consider them as individuals of non-human nature and non-human origin, and therefore it is incorrect to associate some of the objects of the animal world belonging to higher mammals with objects of property rights, that is, things. Commercial, amateur and sports hunting are types of hunting in Russia, carried out by trapping or shooting, expressed in the killing of hunting resources, that is, objects of the animal world that can be used for hunting. Hunting in the domestic legislation is a form of leisure, recreation and economic activity that ignores the natural rights of higher animals, including the right to life. A characteristic feature of the Law "On Responsible Treatment of Animals" is that its norms and principles for the treatment of animals do not apply to objects of the animal world, marine and aquatic mammals, animals classified as hunting resources, agricultural animals, living organisms created as a result of genetic engineering activities, which significantly reduces its humanistic significance.
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Mévius, Joséphine de. "Impact of the European Union’s Seed Legislation and Intellectual Property Rights on Crop Diversity." European Energy and Environmental Law Review 31, Issue 3 (May 1, 2022): 149–62. http://dx.doi.org/10.54648/eelr2022010.

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Crop diversity results from farmers’ selection and exchange of seeds. The crop diversity erosion observed over the last century can be attributed to the transition from traditional to industrial farming practices. Farmers’ seed varieties have been replaced by a few privately owned, high-yielding varieties. The resulting uniformity is jeopardizing food security, further exacerbated by climate change. Both the international framework and the EU legislation perpetuate the root cause of crop diversity erosion. The EU only authorizes on the internal market varieties that are distinct, uniform, stable, and of ‘satisfactory value for cultivation and use’. Non-complying seeds, meaning traditional heterogeneous varieties, are banned. Furthermore, the few authorized varieties are open to privatization through either a Community Plant Variety Right or patents on biotechnological inventions. The exchange, access, and use of these seeds are strictly restricted. Although the EU provides derogations in certain cases, the legal space created is too narrow to ensure the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA). seed, plant reproductive material, intellectual property, commons, agriculture, food security, EU.
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Prodanchuk, M. G., M. V. Velychko, and Ya M. Honcharuk. "Establishment of the national bank of the generofund of biodiversity of Ukraine – an important element of the system of biological safety and biological protection of the state: aspects of management and economy." One Health and Nutrition Problems of Ukraine 53, no. 2 (November 10, 2020): 5–16. http://dx.doi.org/10.33273/2663-9726-2020-53-2-5-16.

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Aim of the Research. To investigate the feasibility of a national bank gene pool of the state biodiversity establishing as a separate element of the system of biosafety and biosecurity in the context of countering threats to the biological nature of Ukraine's national security. Materials and Methods. International and domestic legislation, scientific publications, materials of scientific and practical conferences on the conservation of the biodiversity gene pool — the development of these documents and articles became the basis of the study. The following methods were used: hermeneutic for the analysis of cited scientific works, the given legislative acts, explanation of concepts and terms concerning genetic resources of biodiversity; systematic analysis of funding sources in the creation of a bank for the conservation of the biodiversity gene pool as an element of biosafety and biosecurity in the national security system of Ukraine and the system of public management methods for biodiversity conservation, as well as logical and formal economic methods. Results and Discussion. The article examines the expediency of creating a national bank of the gene pool of biodiversity of the state as a separate element of the biosafety system and biosecurity in the context of counteracting biological threats to the national security of Ukraine. It is noted that the establishment of the National Bank of the Biodiversity Gene Fund of Ukraine will allow effective safe and economic management of genetic resources of biodiversity both domestically and internationally in accordance with the Nagoya Protocol to regulate access to genetic resources and share benefits, including financial. The main innovative tools for preserving the biodiversity of the state are considered. Possibilities of introduction of innovative tools of biodiversity conservation and implementation of the best foreign experience in Ukraine are investigated. Conclusions. It is advisable to create National Bank of the State Biodiversity Gene Fund as a separate element of the biosafety and biosecurity system in the context of counteracting biological threats to the national security of Ukraine. It is proposed to legislate its creation by including it in the draft Law of Ukraine “On biosafety and biosecurity”. Key Words: national biota gene pool bank, biodiversity, biological threats, bio-risks, biological security, biological protection, public administration, financing.
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Samedi, Samedi. "KONSERVASI KEANEKARAGAMAN HAYATI DI INDONESIA: REKOMENDASI PERBAIKAN UNDANG-UNDANG KONSERVASI." Jurnal Hukum Lingkungan Indonesia 2, no. 2 (December 1, 2015): 1. http://dx.doi.org/10.38011/jhli.v2i2.23.

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AbstrakKekayaan Indonesia akan keanekaragaman hayati dengan komponen-komponennyamerupakan masa depan umat manusia sebagai sumber ketahanan pangan, kesehatan dan bahkan energi. Dengan potensi ini,Indonesia wajib melakukan upaya konservasi beserta legislasi yang efektif untuk mengatasi laju kerusakan dan kehilangan keaneragaman hayati yang telah mencapai tingkat yang sangat mengkhawatirkan.Tulisan ini membahas mengenai peran hukum dan kerangka hukum konservasi di Indonesia,utamanya kemampuan undang-undang konservasi dalam penyelamatan sumber daya alam hayati, serta saran perbaikan terhadap undang-undang yang saat ini ada.Saat ini kerangka hukum nasional konservasi keanekaragaman hayati berpusat pada Undang-UndangNo. 5Tahun 1990yang mengadopsi World Conservation Strategy IUCN tahun 1980 yang di tingkat internasional telah mengalami perubahan-perubahan mendasar. Terlepas dari keberhasilan UUini, diantaranya dengan mencadangkan lebih dari 25 juta ha ekosistem daratan dan lautan ke dalam sistem kawasan yang dilindungi (protected areas), undang-undang ini mengandung berbagai kelemahan untuk penerapannya saat ini dan perlu segera direvisi, termasuk harmonisasi yang mendalam dengan undang-undang terkait agar dapat dilaksanakan secara efektif di lapangan. AbstractBiodiversity and its components: genetic resources, species and ecosystem with actual or potential use values to humanity is the future for the survival of humankind. With this potential, it is essential for Indonesia to conserve these resources equipped with effective national legislation to stop and reverse the unprecendented rate of biodiversity loss. This paper aims to discuss the conservation legal framework in Indonesia and the capability of the conservation law to halt unprecedented biodiversity loss and suggested revision for this law.The current legal framework for biodiversity conservation stems on the Act No 5 of 1990 which adopts World Conservation Strategy of IUCN 1980. Under the current framework, more than 25 million hectares of terrestrial and marine areas have been totally protected within protected areas systems. However, this centralistic law has some weaknesses to be effectively implemented at the current contexts. This law needs substantial revision and harmonization with other laws in order to make the implementation effective.
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Arjjumend, H. "RECOGNITION OF INDIGENOUS PEOPLES IN ACCESS AND BENEFIT SHARING (ABS) LEGISLATION AND POLICIES OF THE PARTIES TO THE NAGOYA PROTOCOL." BRICS Law Journal 5, no. 3 (October 13, 2018): 86–113. http://dx.doi.org/10.21684/2412-2343-2018-5-3-86-113.

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The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of indigenous peoples and local communities (ILCs) in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). States Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the prior informed consent of indigenous communities and their effective involvement in preparing mutually agreed terms before accessing genetic resources and associated traditional knowledge or utilizing them. Within the ambit of contemporary debates encompassing indigenous peoples’ right to self-determination, this paper examines the effectiveness of the percolation of the legal intent of international law into existing or evolving domestic laws, policies or administrative measures of the Parties on access and benefit sharing. Through an opinion survey of indigenous organizations and the competent national authorities of the Parties to the Convention on Biological Diversity (CBD), the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for the rights of indigenous communities are too inadequate to effectively implement the statutory provisions related to prior informed consent, mutually agreed terms and indigenous peoples’ free access to biological resources as envisaged in the Nagoya Protocol. As these bio-cultural rights of indigenous peoples are key to the conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS law and policies.
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Mossop, Joanna. "The relationship between the continental shelf regime and a new international instrument for protecting marine biodiversity in areas beyond national jurisdiction." ICES Journal of Marine Science 75, no. 1 (July 5, 2017): 444–50. http://dx.doi.org/10.1093/icesjms/fsx111.

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AbstractStates have acknowledged that the new internationally legally binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction must take account of the interests of coastal states with continental shelves that extend beyond 200 nautical miles. This article argues that the ILBI should go beyond repeating the existing legal position as set out in international treaties and customary international law. In particular, the concept of sedentary species is unhelpful in the context of a legal regime governing the use of marine genetic resources. The article makes a number of suggestions for possible inclusions in the ILBI to clarify the relationship between the continental shelf regime and the regime for biodiversity beyond national jurisdiction.
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Klyukina, Elena Aleksandrovna, and Vitaly Viktorovich Barabanov. "Organization of development work proposals for amendments to the fisheries rules." Rybovodstvo i rybnoe hozjajstvo (Fish Breeding and Fisheries), no. 2 (February 11, 2022): 86–91. http://dx.doi.org/10.33920/sel-09-2202-01.

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The article discusses changes in the procedure for organizing work on the development of proposals for amendments to the rules of fishing in accordance with the order of the Federal Agency for Fisheries dated February 18, 2020 No. 85 “On the organization of work in the Federal Agency for Fisheries on the development of proposals for amendments to the rules of fishing”. It is noted that the peculiarity of the fishing rules as a regulatory document is the possibility of prompt amendments to them aimed at forming an optimal fishing regime that ensures the stability of commercial catches and the conservation of aquatic biological resources. The algorithm for making changes is clearly spelled out: sending proposals from state authorities, organizations, public associations, citizens to the territorial administration of Rosrybolovstvo, making proposals in tabular form with the position of the territorial administration, considering proposals at meetings of the biological section of the Scientific Council of the Fisheries Research Institute, reviewing and coordinating proposals with the structural divisions of Rosrybolovstvo, preparation of the draft order by the Ministry of Agriculture and further approval procedure and approval in the form prescribed by law. A prerequisite for the approval procedure for proposals received to amend the rules of fishing is their scientific analysis, which allows, even at the stage of working out the issue, to filter out proposals that do not take into account the norms of the current fisheries legislation or negatively affect aquatic biological resources. The proposed version of the order allows at all stages of the preparation of amendments to the rules of fishing to take into account the interests of all interested parties as much as possible: scientific organizations, regulatory structures, citizens, authorities, the tourism industry.
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Tourinho, João Marcos, Celso De Souza Catelani, and Maria Cecília Barbosa de Toledo. "Changes in riparian forest cover from 1966 to 2017 along the Paraíba do Sul River between Jacareí and Queluz, São Paulo, Brazil." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 15, no. 7 (December 4, 2020): 1. http://dx.doi.org/10.4136/ambi-agua.2570.

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This study is based on the assumption that beginning with the passage of the Forest Code in 1965, which was revised by the law of 2012, the Permanent Preservation Area (PPA) of Paraíba do Sul River, PSR, is currently recuperated and preserved. In this context, the objective of this study was to: 1) conduct a temporal survey with respect to the rate of change of gains and losses of forest cover during the years 1966, 1977 and 2017; and, 2) do a spatial analysis in relation to this rate of change. This study was conducted along the stretch of the PSR between the municipalities of Jacareí and Queluz. Maps were used from the Brazilian Institute of Geography and Statistics - IBGE (1964-1966), the Geographic and Cartographic Institute of the state of São Paulo – IGC-SP (1978) (IGC), and high resolution images from the Pléiades satellite (2017). For the spatial and temporal analyses of the study area, geoprocessing techniques were used to quantify the area occupied by forest in two: 100 m buffer strips of the PPA, and in buffer strips of 1,000m, starting from each bank of the river. With respect to forest cover, measurements of its total and average size, proportion, gain or loss, and distance between nearby fragments were made. The results indicate that, from the decade of the 1960s to 2017, forest cover grew from 5.3% to 21%, and from 2% to 13% in the strips of 100 and 1,000 meters, respectively. With respect to areas registered from 1960, there was a reduction of 691 hectares, principally of large areas of remaining forest. However, a portion of this forest area was still present in 2017, but most of this forest was in the area 1,000 m from the riverbanks. These results will aid in the planning for establishment of priority areas for conservation of the riparian forest of the PSR. Through analysis of distances between forest fragments, empty spaces devoid of forest cover were identified, and in some cases these spaces were indicated as priority areas for recuperation. The results are discussed in the context of public policies and the periods of economic development that were drivers of landscape changes in the Paraíba do Sul Valley in the São Paulo region. In conclusion, the results demonstrate that the riparian forest of the PSR has slowly recuperated but is still far from being in compliance with current Brazilian legislation. This study will be an important aid in compliance activities conducted by public authorities in permanent preservation areas in the São Paulo PSR. An ample and refined survey of consolidated and fallow areas is suggested so that mitigation and compensation activities can be proposed for the PSR riparian forest that will promote the conservation of the quality of its water and biodiversity resources.
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Humphries, Fran, Muriel Rabone, and Marcel Jaspars. "Traceability Approaches for Marine Genetic Resources Under the Proposed Ocean (BBNJ) Treaty." Frontiers in Marine Science 8 (April 27, 2021). http://dx.doi.org/10.3389/fmars.2021.661313.

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Negotiations are underway for a new treaty for the conservation and sustainable use of biodiversity of areas beyond national jurisdiction under the United Nations Convention on the Law of the Sea. Points of contention in the negotiation concern marine genetic resources and questions of monetary and/or non-monetary benefit sharing arising from their use. Tracing the origin of marine genetic resources used in scientific research, development and commercialization may offer the evidence needed to prove they came from areas beyond national jurisdiction and that benefit sharing is owed. Traceability is complex and multidisciplinary: involving legal, scientific and informatics considerations. We look at different traceability approaches within national jurisdictions and how these might provide lessons for the proposed treaty, using one of the few case studies available to trace the commercial development of a marine genetic resource from areas beyond national jurisdiction. We discuss this case study in relation to existing legal frameworks including the Nagoya Protocol and other systems based on open sharing of information and materials, including existing scientific practice. We conclude that a well-designed traceability system tailored to the unique geographical, political and jurisdictional characteristics of areas beyond national jurisdiction could lead to more equitable outcomes for the sharing of benefits from the use of marine genetic resources. Our key recommendations are that any traceability mechanism needs to be light touch, integrated with existing systems such as bioinformatics databases and not impose additional burdens on scientific users. Systems should be designed to improve scientific knowledge of ocean biodiversity to allow better conservation measures to be developed. If treaty negotiators engage commercial sectors to find workable policy solutions for the draft treaty that promote greater transparency and data sharing from these sectors, there may be a greater chance for traceability mechanisms to support benefit sharing.
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Dissertations / Theses on the topic "Aquatic genetic resources conservation – Law and legislation"

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Dajani, Ola Fouad. "Genetic resources under the CBD and TRIPS : issues on sovereignty and property." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78178.

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Coming together to save the Earth. Ten years have passed since the Earth Summit in Rio created such passion and expectations. Whether the Convention on Biological Diversity has met those expectations or not vary from person to person.
Evidently, the Convention on Biological Diversity is complex, not only in its language, but also in its attempt to balance between conservation and sustainable use, and between the providers of and benefiters from biological diversity.
Subsequent to its conclusion, the Parties have strived to achieve these objectives. This thesis attempts to assist in this process by exploring the means of implementing the Convention on Biological Diversity and their consequences.
The scope of the thesis is limited to the matters of sovereignty rights and access to genetic resources, in an effort to clear up the uncertainties in the applications of these components. This thesis attempts to contribute a pragmatic perspective to these matters, which, at their core, rely on the crossing points in the implementation of the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights. This thesis focuses on ways to reconcile property rights in genetic resources with patent rights in invention using genetic resources. It proposes one interpretation of property rights in genetic resources so as to avoid any conflict with patent rights and accordingly, avoid conflict between the requirements of the Convention on Biological Diversity and those of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
I hope that the views and proposals expressed in this thesis will be considered along with other diverse approaches to the implementation of the Convention on Biological Diversity.
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Kizungu, Dieu-Donne Mushamalirwa. "Access to genetic resources and sharing of benefits arising out of their utilization : a critical analysis of the contribution of the Nagoya Protocol to the existing international regime on access and benefit-sharing." Thesis, 2012. http://hdl.handle.net/10413/9894.

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Prior to the commencement of the Convention on Biological Diversity (CBD), genetic resources were considered to be the common heritage of mankind; this principle gave the right to developed countries to obtain and freely use the genetic material of developing countries. Growing concern over the controversial ‘free access’ system and the monopolization of benefits led to the negotiation of an international treaty, the CBD, to regulate access to genetic resources and the sharing of benefits resulting from the utilisation of such resources. The CBD makes some important innovations. It recognizes that the authority to determine access to genetic resources depends on national governments and is subject to national legislation. Thus, the CBD recognizes state sovereignty over genetic resources and institutes the principles of Prior informed Consent (PIC), Mutually Agreed Terms and Benefit-Sharing. However, the CBD and other international instruments relating to genetic resources have not had the desired effect of preventing the misappropriation of genetic resources and associated traditional knowledge (TK). Developing countries suffered and continue to suffer from the piracy of their resources. This state of affairs has led to the recent adoption of the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to The Convention on Biological Diversity,’ (2010 Nagoya Protocol). This dissertation will consider the contribution of the Nagoya Protocol to the existing global and regional instruments concerning the access and benefit sharing of genetic resources. After explaining the gaps in the existing instruments, it will explore whether the Protocol is a miracle solution to the recurrent concern over misappropriation of genetic resources from biologically rich countries, or whether there is still much work to do to sort out this problem.
Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.
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Books on the topic "Aquatic genetic resources conservation – Law and legislation"

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Agafonov, Vyacheslav, Sergey Bogolyubov, Liya Vasil'eva, Galina Vyphanova, Dmitriy Gorohov, Natal'ya Zhavoronkova, Inna Ignat'eva, et al. Sources of environmental law. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1913253.

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The monograph summarizes new relevant materials and topics. The study of the sources (forms) of environmental and natural resource law, legislation on environmental assessment and environmental control (supervision), provisions of land and other codes as forms of law, mechanisms for regulating environmental management, as well as the evolution of sources of law in the field of agriculture. The complex nature of environmental law is demonstrated, the constitutional, legislative, and political foundations of environmental development, the unified state environmental policy of the Russian Federation and a number of foreign states are outlined. The genesis and systematization of forms of atmospheric air protection, specially protected natural territories of Russia, Belarus and Kazakhstan, legal regulation of waste management, international and national measures of adaptation to climate change are reflected. The legislation on land reclamation, land management, subsoil use, forest management, water use, fishing and conservation of aquatic biological resources in the system of sources of environmental law is analyzed; the issues of intersectoral communication of environmental, urban planning, information, energy, civil legislation and law are considered. Examples from the field of law enforcement are given. The idea of ecologization of sources (forms), institutions, categories, norms of branches of Russian law is being developed. For lawyers — scientists and practitioners, teachers, postgraduates, masters, law students, and other specialists interested in the theory and practice of lawmaking and the application of environmental law.
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Governance of genetic resources: A guide to navigating the complex global landscape. Cheltenham, UK: Edward Elgar, 2013.

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Agrobiodiversity and the law: Regulating genetic resources, food security and cultural diversity. New York, NY: Earthscan, 2011.

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Perkoff, Bass Susan, Ruiz Muller Manuel, and International Development Research Centre (Canada), eds. Protecting biodiversity: National laws regulating access to genetic resources in the America. Ottawa: International Development Research Centre, 2000.

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International Expert Workshop on Access to Genetic Resources and Benefit Sharing (2004 Guernavaca, Mexico). International Expert Workshop on Access to Genetic Resources and Benefit Sharing record of discussions. Ottawa, Ont: Government of Canada, 2005.

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Leary, David Kenneth. International law and the genetic resources of the deep sea. Leiden: Martinus Nijhoff, 2007.

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Yi chuan zi yuan de huo qu he hui yi fen xiang yu zhi shi chan quan. Beijing Shi: Zhi shi chan quan chu ban she, 2007.

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Aguiñada, Sergio. Acceso a recursos genéticos y participación en los beneficios: Una propuesta de ley consensuada para El Salvador. San Salvador: FUNDE, Fundación Nacional para el Desarrollo, 2009.

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Aguiñada, Sergio. Acceso a recursos genéticos y participación en los beneficios: Una propuesta de ley consensuada para El Salvador. San Salvador: FUNDE, Fundación Nacional para el Desarrollo, 2009.

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Ministers, Nordic Council of. Nordisk ministerdeklaration: Tillträde och rättigheter till genetiska resurser, 2003. Köpenhamn: Nordiska ministerrådet, 2003.

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Book chapters on the topic "Aquatic genetic resources conservation – Law and legislation"

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"Aquatic Stewardship Education in Theory and Practice." In Aquatic Stewardship Education in Theory and Practice, edited by Annette L. Glick. American Fisheries Society, 2007. http://dx.doi.org/10.47886/9781888569902.ch9.

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<i>Abstract.</i>— In 1950, Congressman John Dingell (Michigan) and Senator Edwin Johnson cosponsored a piece of legislation that changed the face of fisheries conservation. The Federal Aid in Sport Fish Restoration Act (Public Law 81-681), also known as the Dingell- Johnson Act, allowed excise taxes collected on rods, reels, creels, and artificial baits to be placed into a special account for apportionment to the states. In 1984, the Sport Fish Restoration Act was further strengthened by additional legislation that increased available funds and formed the new Aquatic Resources trust fund. The Wallop-Breaux Amendment, in addition to increasing funds for conservation programs and boating access, allowed states to use up to 10% of the states’ annual apportionment on Aquatic Resources Education. Since 1984, states, nongovernmental organizations and industry have developed numerous programs that engage and educate the public on sound conservation issues that protect and enhance the environment for the next generation. This chapter provides an overview of successful, research-based conservation education programs that augment the overall effort to sustain the fisheries of the United States.
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