First Federal Prohibition on Bioprospecting within a Place of Protection: Time to Spur the Legislative Dialogue

摘要

In 2009, the U.S. Fish and Wildlife Service ("Fish and Wildlife") and the National Oceanic and Atmospheric Administration ("NOAA") prohibited bioprospecting within the Papahanaumokuakea Marine National Monument1 relatively quietly, by attaching special conditions to each permit issued for access and sample-collecting research.2 Generally, previous federal action regarding bioprospecting on public land has entailed approval and authorization. This development is, ostensibly, the first federal prohibition on bioprospecting on U.S. public lands. Bioprospecting involves searching wild plants, animals, and microorganisms-that is, biodiversity-for genetic and biochemical information.