Filling Gaps in the US National Plant Germplasm System: Issues of Access and Benefit Sharing.

The US National Plant Germplasm System (NPGS), coordinated by the USDA\ARS, is one of the largest genebank systems in the world, with over 565,000 accessions of more than 14,700 plant species maintained at over 20 sites.  The Plant Exploration\Exchange Program, initiated by USDA in 1898 and continuing to the present, has been a major means of acquiring germplasm for the NPGS.  Exploration proposals are solicited yearly by the USDA\ARS for domestic and foreign explorations to fill gaps in the NPGS collections.  Since the entry into force of the Convention on Biological Diversity (CBD) in 1993 changed the international legal environment regulating the collection of plant germplasm, NPGS plant explorations in other countries have increasingly been curtailed. The CBD recognized the sovereign rights of countries over genetic resources occurring within their borders, replacing the free and open access to genetic resources that prevailed previously. Following the provisions of the CBD, USDA\ARS seeks prior informed consent for access and agreement on benefit sharing from the national authorities for NPGS plant explorations proposed in countries that are parties to the treaty.  Many countries have instituted laws implementing the access and benefit sharing provisions of the CBD that make it impossible for USDA\ARS to obtain access on terms acceptable for germplasm being deposited in the NPGS.  Transfer of some genetic resources collected on plant explorations is covered by another international treaty, the International Treaty on Plant Genetic Resources for Food and Agriculture (International Treaty), under which a Standard Material Transfer Agreement (SMTA) specifies obligations of germplasm recipients.  The international regulatory regime governing exchange of germplasm will continue to evolve, particularly with the implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.