Marine Resources Act

Chapter 2 Marine bioprospecting

Section 9 The conduct of marine bioprospecting The King may prescribe that harvesting and investigations in the sea in connection with marine bioprospecting require a permit from the Ministry. The provisions of this Act apply to marine bioprospecting in so far as they are appropriate. The King may adopt regulations on marine bioprospecting; these may among other things grant exemptions from provisions made in or under the Act, prescribe the types of information applications shall include, and set out further rules on the types of conditions that may be laid down.

Section 10 Benefits arising out of the use of marine genetic material A permit issued under section 9 may lay down that a proportion of the benefits arising out of the use of Norwegian marine genetic material shall accrue to the state.
A permit issued under section 9 may lay down that genetic material and the results of bioprospecting activities may not be sold or communicated to others without the consent of and, if required, payment to the state. The King may prescribe that if marine bioprospecting or the use of genetic material has taken place without a permit being issued under section 9, a proportion of the benefits such as are mentioned in the first paragraph shall accrue to the state.

Scope

The Act applies to all harvesting and other utilisation of wild living marine resources and genetic material derived from them. The Act applies on board Norwegian vessels, within Norwegian land territory with the exception of Jan Mayen and Svalbard, in the Norwegian territorial sea and internal waters, on the Norwegian continental shelf, and in the areas established under sections 1 and 5 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway.