As open as possible, as protected as necessary: Proportionate governance for environmental DNA under the BBNJ Agreement

Erin Hahn, Justin I McDonald, Clare I.M. Adams, Maarten De Brauwer, Dianne M Gleeson, Miwa Takahashi, Cecilia Villacorta-Rath, Anastasija Zaiko

The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) establishes new arrangements for activities involving marine genetic resources and the sharing of resulting benefits. Direct pathways to resource utilisation are most apparent in conventional genetic workflows where whole organisms or tissues are collected for biodiscovery and analysed to generate high-resolution genomic or biochemical information. By comparison, routine environmental DNA (eDNA) research generally uses non-invasive sampling to infer species presence and characterise biological communities from mixed genetic material. Evolving genomic technologies are expanding the information recoverable from both tissue-based and environmental samples, making sample source alone an insufficient indicator of intended use, information sensitivity, or potential for resource utilisation. This perspective identifies proportionate, use-based governance as an approach to fulfilling applicable BBNJ obligations while recognising routine eDNA observation as shared environmental knowledge infrastructure and supporting timely data exchange and responsive biodiversity monitoring. Managed openness offers a science-informed framework for maintaining access to routine biodiversity information while applying targeted safeguards where warranted. Drawing on marine biosecurity examples and Indo-Pacific regional experience, we outline how existing infrastructure, cooperation, and capacity building could support equitable BBNJ implementation.