UK passes High Seas Treaty law: BBNJ Act 2026 explained

If you teach ocean science, politics or law, this is your week. On 12 February 2026, the UK enacted the Biodiversity Beyond National Jurisdiction Act 2026, turning the UN’s High Seas Treaty into domestic rules. According to the UK legislation website (legislation.gov.uk), the Act explains how UK ships, labs and databases must handle research on the high seas and how benefits from discoveries are shared.

First, a quick map in words. Areas Beyond National Jurisdiction (ABNJ) are the parts of the ocean that sit outside any country’s exclusive economic zone and continental shelf claims. Think of the open ocean and deep seabed where no single state is in charge. The treaty aims to safeguard biodiversity there and set fair terms for research and innovation.

You will see three recurring terms. “Marine genetic resources” (MGR) are biological materials from marine life-microbes, plants or animals-collected for research or product development. “Digital sequence information” (DSI) refers to genetic sequence data linked to those resources. A “UK craft” includes British-flagged vessels, government ships and certain other craft with a qualifying UK connection-even when operating far from home waters.

Planning to collect MGR on the high seas using a UK craft? The lead scientist must send pre-collection information to the Secretary of State and then wait at least seven months before any sampling begins. The Secretary of State can shorten that wait, but only if there is a compelling reason to do so. This is designed to make activities transparent and traceable before anyone lowers a net, ROV or sampler.

After the voyage, reporting continues. Post-collection information must be sent as soon as it is all available and, in any event, no later than eleven months after the last sample is taken. This builds a record of who collected what, where and why-vital for cooperation and scrutiny.

Many of you will never sail but will work with samples or data in the UK. If a project in the UK uses MGR from ABNJ or relies on DSI from those resources, the project lead must notify the Secretary of State in line with the Act’s Schedule. If physical samples are used, a portion must be deposited in a suitable repository. If DSI is used, it must be recorded in a suitable database. You have up to three years from the project’s start to complete these steps.

“Suitable” matters here. Repositories and databases must be publicly accessible and run in line with current international practice. Crucially, samples and records must be identifiable by a standardised identifier described in Article 12(3) of the treaty. That ID links research outputs back to the original collection and helps with benefit-sharing.

To support global transparency, the Secretary of State may share submitted information with the treaty’s Clearing-House Mechanism. There are two key limits: information protected by the National Security Act 2023 is excluded, and anything the treaty does not require to be shared stays back. This balances openness with security and legal duties.

If you control a UK repository storing ABNJ samples, you must keep them identifiable as originating from ABNJ, provide access for others to use those samples, and send a report every two years stating, as far as practicable, how often access was provided. Controllers of UK databases holding DSI must do the same for view and download counts. Reports use the treaty’s identifier so records stay consistent.

Those two-year report cycles are time-anchored. The first cycle starts when the treaty enters into force globally or, if later, when it enters into force for the UK. Reports are due within two months of each cycle ending, unless the Secretary of State sets a different date to meet the timetable of the access and benefit-sharing committee. This is the administrative clock you’ll plan around.

Not everything is covered. Normal fishing by a UK craft under a valid licence is outside these rules, as are activities carried out to meet the Fisheries Act 2020 scientific evidence objective. Warships and military activities are excluded. Antarctica is also out of scope, including any Antarctic MGR or DSI. That keeps this Act focused on civilian research and innovation in ABNJ.

Benefit-sharing is where equity shows up in practice. The Secretary of State can make regulations to implement decisions by the Conference of the Parties on sharing monetary benefits-for example, requiring disclosures relevant to calculating payments, and arranging for payments to be made. The Act also avoids double compliance where equivalent foreign rules already apply and provides for civil sanctions and enforcement if UK requirements are breached.

Because oceans governance is a shared UK responsibility, the Scottish Government and Northern Ireland department can also make regulations in their areas. Where civil sanctions are created, there must be a right of appeal. The Secretary of State must consult devolved administrations where their legislative competences are engaged, and publish guidance for everyone affected-something to watch for in your course updates.

Marine protected areas and other area-based tools agreed under the treaty can be switched on at home through regulations. If the Conference of the Parties makes an emergency decision, the UK can fast-track rules using the “made affirmative” route so measures apply quickly. Regulations may create offences and set fines, but there are clear limits on penalties set out in the Act.

In an emergency at sea, the Secretary of State can also issue directions to specific UK craft to meet the UK’s duty under the treaty. Failing, without reasonable excuse, to follow such a direction is a criminal offence. On conviction on indictment, the maximum penalty is up to two years’ imprisonment or a fine, or both. This gives real teeth when rapid action is needed.

Behind the scenes, the Act updates marine licensing and environmental impact assessment (EIA) rules. For activities linked to ABNJ, regulators must require an EIA if there are reasonable grounds to believe a project may cause substantial pollution or significant and harmful changes to the marine environment. Screening must also “screen in” where effects could be more than minor or transitory-or simply unknown or poorly understood.

There is flexibility too. If an equivalent assessment has been done elsewhere and meets the treaty’s Part 4 standards, UK regulators can rely on it-but only if doing so is compatible with UK obligations. Environmental reports for these projects must include any other information needed to give effect to treaty requirements, not just the usual domestic checklists.

Standards will move over time. The Act allows the UK and Scottish ministers to update licensing frameworks to reflect technical standards and guidelines adopted under Article 38 of the treaty. Where primary laws need adjusting, those changes go through the stricter parliamentary approval route. For students, this is a live example of how international rules flow into domestic practice.

A few definitions to keep handy for lessons and lab meetings. An “Article 12(3) identifier” is a standard batch ID that follows samples and data. “Civil sanctions” include monetary penalties, stop notices and compliance notices. “Utilisation” covers research and development using MGR or DSI and also the commercialisation of resulting products. The precise legal meaning of DSI will be set in regulations, so expect guidance.

Timing matters. Most of the Act takes effect on 12 February 2026, the day it was passed. However, sections on collection projects, utilisation projects, repositories and databases, the EIA link, and one of the marine licensing update powers will start on dates appointed by the Secretary of State. If you are starting a project, check the commencement regulations to know exactly which duties already apply to you and when they switch on. For utilisation results, remember the extra timeline in the Schedule: report publications, patents or product development within one month; for commercialised products, report within one month of first availability and then annually while the product remains on the market.