New Biodiversity Rules and the 2026 High-Seas Treaty: What Assam Must Do?

New Biodiversity Rules and the 2026 High-Seas Treaty: What Assam Must Do?

Pradakshina Sarmah

The dawn of 2026 heralds a transformative moment for global environmental governance with the entry into force of the High Seas Treaty, officially known as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ).Ratified by a critical mass of United Nations member states, this landmark accord establishes binding biodiversity rules to safeguard marine life in international water regions that comprise over two-thirds of the ocean’s surface and 95% of its volume. By designating vast marine protected areas and setting frameworks for sustainable resource use, the treaty represents a decisive step towards preserving the planet’s largest habitat and ensuring that ocean ecosystems remain resilient in the face of climate change, overfishing, and pollution.

As of early 2026, new laws, regulations, and international agreements focusing on climate change and biodiversity and emphasizes on implementing the Kunming-Montreal Global Biodiversity Framework (KMGBF)andtargeting towards 30/30 goals.Key developments include the enforcement of marine biodiversity treaties, new digital regulations for biological resources, and stricter deforestation-free supply chain rules.

Key developments enforceable in 2026 includes:

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1.International Biodiversity & Marine Law (2026)

• BBNJ Agreement enters into force (Jan 17,2026):The Biodiversity Beyond National Jurisdiction (BBNJ)treaty─the world’s first legally binding treaty for the high seas came into force. It regulates activities in international waters to protect marine biodiversity
• CBD COP 17 (October 2026):Armenia will host the UN Biodiversity Conference to view progress on the Kunming Montreal GlobalBiodiversity Framework (KMGBF), which aims to halt biodiversity loss by 2030
• Digital Sequence Information (DSI) fund: A new global mechanism is being operationalized to ensure fair benefit sharing from the use of genetic resources in database, known as the “Cali Fund”

2.EU Climate & Biodiversity Regulations

• EU Deforestation-free Products Regulation (EUDR): This regulation begins applying to small companies on June 30,2026(after applying to large companies on December 2025)

It restricts products like Soy,Beef,Palm oil,Wood etc.

• CSRD & Biodiversity Standards (ESRS E4): The Corporate Sustainability Reporting Directive (CSRD) requires from 2025/2026 that large companies report on biodiversity risks, strategy and impact (ESRS E4)

3.Key National Laws and Policies (India)

• Biological Diversity (Amendment)Rules,2024-2025: Effective for 2026, these rules streamline the process for accessing biological resources, specifically introducing a digital portal for certificates of origin for cultivated medicinal plants, and regulating Digital Sequence Information (DSI)
• Decriminalization of Environmental Law: Amendments to the Air Act and Water Act, fully implemented by 2025-2026 replace imprisonment with penalties to ease compliance for companies.
• Budget 2026-27: India’s 2026 budget includes a $2.2bn push for carbon captures, exemptions for Li-on battery manufacturing, and new protective measures for endangered wildlife including 4 new protected areas in Arunachal Pradesh.

4. Forthcoming Trends (2026-2027)

• NDCs Update:Countries are expected to submit updated Nationally Determined Contributions (NDCs) under the Paris Agreement by 2025, which will drive new domestic legislation in 2026 to achieve 1.5⁰C targets.
• Global Land Degradation Target:The UNCCD (United Nations Convention to Combat Desertification) will hold COP 17 in 2026 to focus on achieving Land Degradation Neutrality (LDN) by 2030.

   Assam should urgently align state biodiversity governance with India’s national response to the 2026 High Seas Treaty by strengthening the Assam State Biodiversity Board, updating Access and Benefit-Sharing rules, protecting riverine and wetland biodiversity, and building scientific and community capacity to implement national commitments. India signed the BBNJ/High Seas Treaty and the treaty entered into force on 17 January 2026; Assam must prepare a state implementation roadmap that feeds into India’s national ratification and compliance process.

Practical impacts upon the state includes:

• Forest and wetland projects will face stricter scrutiny under national biodiversity targets and updated permitting rules; state agencies will need to align local conservation plans with the 23 targets.
• Fisheries and coastal research (for Assam’s riverine and inland fisheries stakeholders) should track BBNJ implementation because it will influence international research collaborations and benefit-sharing norms for genetic resources.
• Community rights and benefit-sharing new rules emphasizes upon community consent and benefit-sharing mechanisms; local panchayats and biodiversity management committees should prepare to document traditional knowledge and negotiable agreements.

Assam must act now to align local plans with national biodiversity targets and the incoming BBNJ rules; timely audits, capacity building for communities, and clear benefit-sharing arrangements can turn compliance costs into opportunities for resilient livelihoods and stronger conservation outcomes.

Key sources: National biodiversity targets and government briefings; National Biodiversity Authority Rules(2025);UN press release on BBNJ entry into force.

Pradakshina Sarmah: Completed Bachelor of Law (LLB 3-years) degree from Gauhati University, building a foundation in legal studies with a focus on legal writing, drafting, and moot court. Previous academic achievements include a B.A. in Economics from Dibrugarh University and post-graduate studies at Tezpur University

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