Data-Driven Environmental Journalism

UK passes High Seas Treaty law on marine genetic resources

The UK has turned intent into statute. On 12 February 2026, the Biodiversity Beyond National Jurisdiction (BBNJ) Act received Royal Assent, creating the legal scaffolding for the UK to implement the UN High Seas Treaty at home. The treaty itself entered into force on 17 January 2026 after reaching 60 ratifications, setting the global rules of the road for conserving biodiversity in waters beyond national jurisdiction. (defraenvironment.blog.gov.uk)

Why this matters is simple: most of the ocean lies offshore of any state’s control. UK Parliament’s Library notes areas beyond national jurisdiction cover about 61% of the ocean’s surface and 73% of its volume-habitats that underpin climate stability, fisheries and migratory wildlife. With the treaty now live, the UK’s Act moves from speeches to systems. (commonslibrary.parliament.uk)

For UK-led expeditions collecting marine genetic resources (MGRs) on the high seas, the Act sets a clear clock. Lead scientists must file pre‑collection details with the Secretary of State and wait at least seven months before sampling can begin, unless the Secretary of State shortens the period for a compelling reason. Post‑collection information must then be submitted as soon as complete and no later than 11 months after the final sample is taken. (bills.parliament.uk)

When MGRs or their digital sequence information (DSI) are used in the UK, samples must be deposited in a publicly accessible repository and DSI recorded in a publicly accessible database that follows international practice-within three years of a project’s start. All entries must be traceable using the treaty’s Article 12(3) standardised identifiers, locking transparency into the research cycle. (bills.parliament.uk)

Open science is written into the statute. The Secretary of State may share collection and utilisation information with the treaty’s Clearing‑House Mechanism, except where national security protections apply or disclosure is not required under Article 51(6). That makes UK projects part of a global evidence base for high‑seas management. (bills.parliament.uk)

Access and accountability are paired. UK repositories holding high‑seas samples and UK‑controlled public databases hosting DSI must provide access for utilisation, keep resources identifiable by the treaty identifier and report, every two years, how often samples were accessed or DSI was viewed or downloaded. Those reports are due within two months of each cycle’s end, with timing adjustable to align with the treaty’s access‑and‑benefit‑sharing committee. (bills.parliament.uk)

The Act upgrades environmental scrutiny for activities in areas beyond national jurisdiction. A new determination requires an environmental impact assessment (EIA) where there are reasonable grounds to believe a project may cause substantial pollution or significant and harmful changes. Regulators must also flag EIAs where impacts could be more than minor or transitory-or where effects are unknown or poorly understood, reflecting the precaution baked into the treaty. (bills.parliament.uk)

Licensing systems are primed for treaty tools. Amendments to the Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 allow activities to be designated in contemplation of area‑based management tools-including future high‑seas marine protected areas-and to implement any Article 38 standards or guidelines adopted by the treaty’s Conference of the Parties. The Levelling‑up and Regeneration Act 2023 is also tweaked so Environmental Outcomes Reports can apply offshore where relevant. (bills.parliament.uk)

There are targeted carve‑outs. Routine fishing activities under UK licences, actions taken under the joint fisheries statement, military vessels and activities, and anything done in Antarctica-including Antarctic MGRs and DSI-sit outside the MGR provisions. That limits duplication with existing regimes while keeping the treaty’s conservation goals intact. (bills.parliament.uk)

When the treaty community adopts emergency measures, the UK can move fast. The Secretary of State may issue directions to UK craft to meet urgent obligations; ignoring such a direction without reasonable excuse is a criminal offence, carrying fines on summary conviction and up to two years’ imprisonment on indictment. (bills.parliament.uk)

Crucially for fairness, the Act empowers ministers to set benefit‑sharing rules once the treaty conference decides how monetary flows will work, including requiring disclosures and payments. The government says secondary legislation is the next step before depositing the UK’s instrument of ratification, with the first global Conference of the Parties due by 16 January 2027. (bills.parliament.uk)

For university labs, start‑ups and established biotech, the guidance is practical. Build seven‑month lead times into cruise planning; budget for sample deposition and DSI uploads to internationally recognised, publicly accessible databases; tag everything with Article 12(3) identifiers; and set up internal systems to count sample access and DSI views so two‑year reports are automatic. Align IP and compliance teams so that publications, patents and product development trigger one‑month notifications, and that commercial products prompt annual updates while on the market. (bills.parliament.uk)

For coastal stakeholders and conservation groups, the prize is durable protection across migration routes that cross flags and borders. IUCN frames the treaty’s entry into force as a turning point for threatened and migratory species, as states prepare to propose cross‑boundary protected areas and common EIA baselines that work at ocean‑basin scale. Engagement now-through consultations, data contributions and monitoring-will shape those first designations. (iucnsos.org)

Zooming out, this is optimistic realism in action. The high‑seas treaty provides the international mandate; the UK Act wires that mandate into domestic practice-with clocks, identifiers and reporting that make benefits and risks visible. What happens next is delivery: timely secondary rules, robust data flows to the Clearing‑House, and early, science‑led proposals for protected areas that help hit the global 30x30 target. (highseasalliance.org)

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