Ka Wai Ola - Office of Hawaiian Affairs, Volume 24, Number 7, 1 Iulai 2007 — Prospecting, but not for gold [ARTICLE+ILLUSTRATION]

Prospecting, but not for gold

The controversy last year over the University of Hawai'i's patents covering new species of taro and the more recent eoneem over research permits in Papahānaumokuākea have spotlighted the subject of "bioprospecting" in our islands. What is bioprospecting? A 2006 Legislative Reference Bureau (LRB) study defines bioprospecting as "the exploration for any biological resource, otherwise termed 'biodiversity,' for potential commercial use." Hawai'i is a tremendous reservoir of biological resources that scientists and others are either now exploiting or want to exploit. They are prospecting for "biological gold." And you thought we had no "natural resources"! Briefly, bioprospecting occurs when scientists and others, often employees of pharmaceutical companies, go into an area and remove small bits of genetic material from plants or animals. Those "samples" are taken back to a laboratory where they are sometimes transformed into a commercial drug. Bioprospecting has generated eonsiderable criticism, particularly among indigenous peoples of the less-developed countries. Some criticism points out that the prospectors have not received permission from the loeal government or the population to remove the natural resource. For that reason, among others, bioprospecting is often referred to as "biopiracy." Another criticism is that the benefits of any commercial use of the specimen of biodiversity or its byproducts are not shared. For some pharmaceuticals the benefits could amount to millions of dollars. Of large eoneem to indigenous peoples is their belief that the prospectors are removing part of their collective cultural property. Additionally, there is the question of conservation of the biodiversity. The subject is not new to many Native Hawaiians. The Waiklkl Hawaiian Civic

Club, in particular, and the Association of Hawaiian Civic Clubs have sponsored several resolutions addressing bioprospecting. In October 2003, Kānaka Maoli o Ka Pae 'Āina Hawai'i issued the "Paoakalani Declaration" raising serious issues centering on bioprospecting and related activities. Also, in 2003, OHA and other Native Hawaiian organizations brought the subject to the Legislature's attention. In 2005, the Legislature requested the LRB to study and report on the issue. The above-mentioned LRB report resulted. Following thereport, the '06 Legislature report, through House Concurrent Resolution 193, HD 1, requested Governor Lingle to appoint a Temporary Commission on Bioprospecting, within OHA for administrative purposes, to study the issue and make recommendations for policy development in the areas of: (1) Prior informed consent; (2) Equitable benefit-sharing; (3) Bio-safety protocols; (4) A permitting and licensing process; and (5) Cultural rights for the use of Hawai'i's biodiversity. The ll-member coimnission, including representatives from the 'īlio'ulaokalani Coalition, the biotech industry, three state departments, Native Hawaiians and OHA, was fonned in Ianuary. I serve as chair, and we have had three meetings. We will meet on all islands to hear your concerns. We're largely feeling our way so far, but we are concerned about finding out: what bioprospecting is going on now; whether the "explorers" have pennits; who is issuing the permits; and what regulations control their operations. The recent controversy over the Papahānaumokuākea permits illustrates the issues. Some Native Hawaiians questioned whether the permits were authorized by law and whether they contained conditions adequate to protect the 'āina. Our connnission will receive a report on this matter from OHA staff and Commissioner Kaho'onei Panoke at its next meeting on lune 29. There are issues tangential to bioprospecting, such as intellectual property rights and genetic modification, whieh the connnission will undoubtedly discuss, even though they may not be strictly within our kuleana, and because this is a work in progress you ean expect further reports; so stay tuned. E

LEO 'ELELE ■ TRUSTEE MESSAGES

Walter M. Heen TrustEE, O'ahu