BBNJ: Check if an exception applies to your activity
Find out whether an exception means you do not need to provide collection or utilisation information under the Biodiversity Beyond National Jurisdiction Act 2026.
Before you start
You may find it useful to read:
- Understand the UK requirements for marine genetic resources under the Biodiversity Beyond National Jurisdiction Act 2026
- Collection of marine genetic resources in areas beyond national jurisdiction
Understand the exceptions
The Biodiversity Beyond National Jurisdiction Act 2026 sets out exceptions to the requirements to provide:
- pre-collection information
- post-collection information
- utilisation information
If one of the exceptions described in this guidance applies to your activity, the associated requirements under the Biodiversity Beyond National Jurisdiction Act 2026 do not apply.
Check if the fishing exception applies
The provisions of Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 do not apply where a UK craft is used for fishing:
- in accordance with a licence issued under section 15(1) of the Fisheries Act 2020
- where a fishing licence is not required because of section 14(2) of the Fisheries Act 2020
This means that an individual or organisation fishing under these provisions of the Fisheries Act 2020 is not required to provide pre-collection or post-collection information under the Biodiversity Beyond National Jurisdiction Act 2026.
Further information about the licensing provisions of the Fisheries Act 2020 is available:
For information on collection requirements, read:
Check if the fishing-related activities exception applies
The provisions of Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026 do not apply to activities undertaken in accordance with:
- the Joint Fisheries Statement under the Fisheries Act 2020, or
- a document or plan issued by the fisheries policy authorities or the Marine Management Organisation for the purposes of the Fisheries Act 2020
where those activities give effect to the scientific evidence objective set out in section 1(5) of the Fisheries Act 2020.
Further information is available:
Check what this means for collection projects
If an activity meets the requirements of a fishing-related activity, there is no requirement for the relevant person to provide pre-collection or post-collection information under the Biodiversity Beyond National Jurisdiction Act 2026.
Example
Activities managed directly by a Regional Fisheries Management Organisation and a respective Flag State, including at-sea observations of fisheries or tagging programmes, for example the ICCAT Grand Bluefin Tuna Year Programme.
At-sea stock monitoring surveys in areas beyond national jurisdiction or other research fishing surveys targeting commercial species. Examples could include research fishing surveys which aim to trial the effectiveness of different fishing gears for target species catchability and/or reducing bycatch rates.
Market sampling of fish or shellfish as part of stock monitoring activities.
Environmental or ecological data collection with a known route to informing aspects of fisheries management. For example, the Marine Biological Association Continuous Plankton Recorder survey that provides information on trends in oceanic surface productivity to International Council for the Exploration of the Sea (ICES), or environmental DNA (e-DNA) surveys focused on the distribution of commercial fish species.
Check what this means for utilisation projects
If the utilisation project is a fishing-related activity
If a project would otherwise count as a utilisation project but meets the requirements of a fishing-related activity, no utilisation information form is required.
Example
Population or stock structure description, for example population structure of Atlantic Bluefin Tuna.
Close-kin mark-recapture stock monitoring surveys.
Animal health or food safety research, for example contamination of fish products by organic or heavy metal contaminants.
Fisheries ecology research, for example diet and food web studies, or indicators of ocean primary productivity.
If the utilisation project is not a fishing-related activity
If a MGR from areas beyond national jurisdiction is collected as part of fishing or a fishing-related activity, but is later used in a utilisation project that is not a fishing-related activity, the relevant person must provide utilisation information as required under the Biodiversity Beyond National Jurisdiction Act 2026.
Example
If a fish is taken from areas beyond national jurisdiction during fishing and is purchased from a market for the purposes of a utilisation project that is not a fishing-related activity, the relevant person will need to provide the utilisation information required under the Biodiversity Beyond National Jurisdiction Act 2026.
If a fish has been collected as part of a fishing-related activity but is subsequently provided to an academic institution or commercial entity for a utilisation project, for example research into properties of potential pharmaceutical benefit, the relevant person will need to provide utilisation information under the Biodiversity Beyond National Jurisdiction Act 2026.
For information on utilisation requirements.
- Understand whether your activity counts as utilisation
- Report information for a marine genetic resource utilisation project
- Report information for a digital sequence information utilisation project
Contact the UK BBNJ Focal Point
Contact the UK BBNJ Focal Point if you:
- are unsure whether the collection requirements apply to your activity
- are unsure whether the utilisation requirements apply to your activity
email: bbnjfocalpoint@fcdo.gov.uk
Check if the Antarctic exception applies
The Biodiversity Beyond National Jurisdiction Act 2026 preserves the existing Antarctic regime through a specific exception for Antarctic marine genetic resources (MGR) and digital sequence information (DSI) on Antarctic MGR.
These matters are governed by the Antarctic Act 1994 framework and fall outside the MGR regime established by Part 2 of the Biodiversity Beyond National Jurisdiction Act 2026.
“Antarctica” in the Biodiversity Beyond National Jurisdiction Act 2026 has the same meaning as in section 1 of the Antarctic Act 1994.
1. In this Act ‘Antarctica’ means:
a). the continent of Antarctica (including all its ice-shelves)
b). all islands south of 60° South latitude (including all their ice-shelves)
c). all areas of continental shelf which are adjacent to that continent or those islands and which are south of 60° South latitude
d). all sea and airspace south of 60° South latitude
2. For the purposes of subsection (1) “continental shelf” shall be construed in accordance with the rules of international law.
Collection projects in Antarctica
There is no requirement for the relevant person in respect of a UK craft undertaking a collection project as defined in the Biodiversity Beyond National Jurisdiction Act 2026 in Antarctica to provide pre-collection or post-collection information under the Biodiversity Beyond National Jurisdiction Act 2026.
Utilisation projects involving Antarctic material
There is no requirement for the relevant person responsible for a utilisation project involving:
- Antarctic MGR
- DSI on Antarctic MGR
to provide utilisation information under the Biodiversity Beyond National Jurisdiction Act 2026.
Further guidance
Guidance on the requirements for visiting Antarctica, including the permitting regime, is available in: