National Biodiversity Strategy and Action Plan (NBSAP)

Posted 17 Dec 2024

4 min read

Why in the News?

India unveiled its updated NBSAP for 2024-30 at CoP-16 to the UN Convention on Biological Diversity (UNCBD) reinforcing its commitment to biodiversity conservation through targeted actions.

About NBSAP

An infographic titled "Do you know?" states that India's first NBSAP was created in 1999, and later the National Biodiversity Action Plan was adopted in 2008. This plan was updated in 2014 to align with the Aichi Biodiversity Targets.

Article 6 of the UNCBD requires every party to the convention to prepare NBSAPs.
It is the primary tool for mainstreaming biodiversity and implementation of the UNCBD at the country level.
It provides a framework for biodiversity conservation, enables focus on sustainable use of biological resources, and ensures fair and equitable sharing of benefits derived from them.

Key highlights of the updated NBSAP 2024-30

Approach: Adopts a ‘Whole of Government’ and ‘Whole of Society’ approach aligning itself with KMGBF to halt and reverse biodiversity loss by 2030, with a longer-term vision of living in harmony with nature by 2050.

An infographic illustrating the architecture for the implementation of the National Biodiversity Action Plan (NBAP) in India. It shows a hierarchical structure with three levels: National, State, and Local. At the national level, the National Biodiversity Authority is responsible for overseeing the implementation of the NBAP. At the state level, State Biodiversity Boards and Union Territory Biodiversity Councils are responsible for implementing the NBAP within their respective jurisdictions. At the local level, Biodiversity Management Committees are responsible for implementing the NBAP at the local level. The diagram also notes that the Ministry of Environment, Forest and Climate Change (MoEFCC) serves as the central agency responsible for coordinating biodiversity conservation efforts across India.

National Biodiversity Targets (NBTs): 23 NBTs focused on 3 themes – reducing threats to biodiversity; ensuring sustainable use of resources; and enhancing tools for implementation.
Acknowledges environmental challenges: Outline strategies to address them through ecosystem restoration, species recovery programmes, community-driven conservation efforts etc.
Implementation framework: Ministry of Environment, Forest and Climate Change (MoEFCC) serves as the central agency advocating a collaborative governance model, promoting a bottom-up approach engaging local communities and various sectors.
Enactment of Biological Diversity Act, 2002 developed a multi-tier governance structure (refer infographic).
Capacity building: Through need & gap assessment; target group identification; Identification of experts/ environmentalists; and training for the acquisition of knowledge, skills etc.
Resource mobilization: Recognizes India among the leading countries for implementation of Biodiversity Finance Initiative (BIOFIN) at national level.
- BIOFIN is a global partnership launched by UNDP and the European Commission to support countries to enhance their financial management of biodiversity and ecosystems.
Other features: Emphasized upon adoption of transformative approach focusing on ecosystem-management based bottoms-up approach for implementing and mainstreaming biodiversity.

Biological Diversity Act, 2002 (last amended in 2023)

Aim: Highlights India’s commitment in implementing the provisions of UNCBD.
Goals: Protect and conserve the biological diversity; sustainable use of biological resources; and fair and equitable sharing of benefits arising from its utilization.
Key provision of the Act

Provides conditions and modalities for seeking prior approvals for research, commercial utilization etc., so as to ensure fair and equitable sharing of benefits. These are:

All foreign nationals require approval from NBA for obtaining Biological Resources.
Indian individuals/ entities to seek approval before transferring knowledge/ research and material to foreigners.
Prior approval of NBA before applying for any kind of IPR based on research conducted on biological material and/ or associated knowledge obtained from India.

2023 Amendments

Exemption has been granted to AYUSH practitioners and Traditional Knowledge holders from paying Access and Benefit Sharing (ABS).

ABS, a type of compensatory amount, typically paid to tribal and other communities who traditionally gather, protect and utilize herbs and medicinal plants crucial to AYUSH industry.

Removes criminal penalties for violations and replace them with fines.

Institutional structure under the Act: Three-tier implementation at National-level [National Biodiversity Authority (NBA), headquartered at Chennai], at State-level [State Biodiversity Boards (SBBs)] and at Local-level [Biodiversity Management Committees (BMCs)].

*SBBs are not constituted for Union Territories (UTs). NBA exercises the powers and performs the functions of a SBB for the UT.

Conclusion

India’s updated NBSAP adopts a comprehensive approach to biodiversity conservation, integrating traditional practices with modern governance & collaborative strategies while addressing contemporary environmental challenges. However, achieving the 23 NBTs and ensuring sustainable development will require continued efforts in capacity building, resource mobilization, effective monitoring, etc.

Ministry of Environment, Forest and Climate Change notified them in accordance with the Biological Diversity Act of 2002.
New Rules will replace Biological Diversity Rules, 2004.
Also, these rules will ensure the implementation of the Biological Diversity (Amendment) Act, 2023.
- Amendment of 2023 was done to facilitate fast-tracking of processes for research, encouraging Indian system of medicine etc.
Rules outline various provisions related with National Biodiversity Authority (NBA), Penalties, etc.
Key Highlights of the Rules
- National Biodiversity Authority (NBA):
  - Chairperson shall be appointed by the Central Government, will hold office for a term of three years’ and shall be eligible for re-appointment.
  - General Functions of the NBA
- Administering the National Biodiversity Fund (NBF), established under the Act of 2002.
- Granting approvals for biodiversity-related agreements.
- Providing technical guidance and support to state bodies.
- Developing and maintaining databases related to biological resources and traditional knowledge.
- Intellectual Property Rights: Approval of Authority will be required before the actual grant of the IPR.
- Penalties for Contraventions: Penalties for violations range from ₹1 lakh to ₹50 lakh, with additional fines for repeated violations.
  - All penalties collected go to the NBF or relevant state funds, supporting biodiversity initiatives.