Meeting April 28-29, 1999 - National Genetic Resources Advisory Council (NGRAC)

Executive Summary
Eighth Meeting April 28-29, 1999

1. The eighth meeting of the National Genetic Resources Advisory Council (NGRAC) was held April 28-29, 1999, in Room 3109 of the USDA's South Building at 1400 Independence Avenue, Washington, D.C. In attendance were all nine appointed members and five ex-officio members or their designates. The Research, Education, and Economics (REE) Under Secretary's office was represented by REE Science Advisor, Dr. Philip Schwab. Chair Richard Lower conducted the meeting that focused on an update of the status of the germplasm and genome activities of the Department and the NGRAC's previous recommendations to improve the National Genetic Resources Program (NGRP).

2. Dr. Schwab welcomed the NGRAC and highlighted current events and issues of relevance and importance to the NGRAC, particularly the potential reduction of 10-15 percent in agencies' FY-2000 budgets as a result of the budget caps set two years ago. He stressed that the USDA would like to have advice from the NGRAC as to priorities should the cuts be necessary, recommendations on biological diversity, on the international negotiations and, if the American Seed Trade Association's (ASTA) $5 million initiative to support the USDA's National Plant Germplasm Program materializes, guidance on how the USDA might allocate the funds. He suggested that a linkage of the NGRAC to the REE Advisory Board and to the Biotechnology Advisory Committee under formation might be useful.

3. The NGRAC heard reports on the National Genetic Resources Program components dealing with plant, microbial and animal germplasm and genome from the Agricultural Research Service (Dr. Peter Bretting) and the Cooperative State Research, Education and Extension Service (Dr. Marsha Stanton and Dr. Richard Frahm) program leaders. The NGRAC was pleased with Dr. Bretting's summary of activities undertaken and accomplished in response to previous NGRAC recommendations. The NGRAC noted that the requested strategic plans for germplasm and genome had not been delivered or shown to them. Dr. Bretting asked the policy advice of the NGRAC regarding issues of managing selected types of intellectual property in the national program. The NGRAC agreed to discuss that at its next session.

4. Dr. Richard Frahm, National Program Leader for Animal Genetics for CSREES, provided an update on the status of the National Animal Genome Research Program (National Regional Support Program, NRSP-8). He noted the remarkable success that the program has had since its establishment in 1993. He noted that there is no animal germplasm program and that ARS had not received the funding, recommended by the NGRAC, to establish the genebank at Beltsville, Maryland for cattle, sheep, swine and poultry. Dr. Calvin O. Qualset of the California Genetic Resources Program presented a proposal for an Avian Genetic Resources System that focused on evaluating animal breeds and crossbred types and how to effectively use the available diversity. He called attention to a national workshop on: Preserving Animal Germplasm Diversity-A Call to Action, October 31-November 3, 1999 in Nashville, Indiana.

5. Kellye Eversole of Eversole Associates updated the NGRAC on ASTA's $5 million initiative to increase funding to the NPGS and pointed out that the issues include rapid and adequate funding so to avoid jeopardizing the current collection. The NGRAC took a strong interest in this initiative since the NPGS has not received a substantial funding increase since 1988 and discretionary funds are near 10 percent, a bare minimum.

6. The Commissioner of the Plant Variety Protection (PVP) Office, Dr. Ann Marie Thro, presented an overview of the activities of the office including the U.S. ratification of the 1991 International Convention for the Protection of New Varieties of Plants (UPOV). She noted an upward trend of applications for PVP and described the intellectual property right relationships between the new PVP Act and utility patents administered by the U.S. Patent Office. She indicated that presently there is a backlog of over 1,000 applications.

7. Dr. Michael Ruff, Deputy Director of ARS' Office of Technology Transfer, who presented an overview of the Technology Protection System (TPS) developed from a Cooperative Research and Development Agreement (CRADA) with Delta and Pine Land Company (DP&L) reported that there has been little change since his report to the September 29-30, 1998 meeting of the NGRAC. A "FACT SHEET" developed by ARS to respond to issues on TPS is on the web site: http://www.ars.usda.gov/other under "Related Links, Plans and Reports." Dr. Ruff stated that the public benefits from the joint ownership of patents since the government can oversee the use of the technology through the sub-licensing agreements. The NGRAC sees the issue as one of continuing interest.

8. Dr. Cathy Enright of the Department of State's Bureau of Oceans, Environment and International Science (OES), addressed the NGRAC on the status of international negotiation of the International Undertaking (IU) at the Food and Agriculture Organization (FAO) of the United Nations. Dr. Enright's report indicated that progress was made on the matter of farmers' rights, international collections, and scope of national sovereignty over the national collections but that benefit sharing and crops to be included in the multilateral system were not addressed in the recent session. Parameters for the negotiations were established in a contact group meeting in Montreux, Switzerland in late January 1999 and the chairman of the negotiations is holding the line to the agreements made there. The NGRAC expressed strong opinion that it believes that open access has been good for consumers, growers and researchers worldwide and expressed interest in seeing that as broad a list of crops as possible be created for the multilateral system.

9. Dr. Henry Shands reported that the Eighth meeting of the FAO Commission on Genetic Resources for Food and Agriculture (CGRFA) addressed the matter of Domestic Animal Genetic Resources (ANGR) for food and agriculture for the first time by considering the report of the first Session of the CGRFA's Intergovernmental Technical Working Group on ANGR. The CGRFA agreed that work in ANGR is a core activity and recommended that FAO provide adequate budgetary funds to develop a Global Strategy while seeking as much extra-budgetary support as possible for program activities. The CGRFA agreed to the development of a country-driven State of the World's Animal Genetic Resources report similar to the one that led to the Leipzig Global Plan of Action for plant genetic resources (PGR). The CGRFA also heard reports on implementation of the Leipzig GPA for PGR and reports of other international bodies and non- governmental organizations with their activities of interest to FAO.

10. The discussions concerning public relations relative to several items during the meeting were captured in an additional discussion regarding the Genetic Resources Communications Systems, Inc. which publishes the magazine DIVERSITY. The NGRAC commended GRCS and DIVERSITY magazine for the coverage of the September 1998 NGRAC meeting and the 100 years of the USDA plant exploration and the National Plant Germplasm System (NPGS). Specifically, the NGRAC appreciated the detailed maps, directories, and overviews of all components of the NPGS as well as articles on some of the most cutting-edge research being undertaken at key NPGS locations.

11. Members responded to Chair Lower that another meeting in mid-August would be helpful to address several items of unfinished business: IPR in the germplasm collections, international negotiations, and ongoing issues of small farms and IPR matters. The following resolutions to the Department were proclaimed:

Resolutions of the Eighth Meeting of the National Genetic Resources Advisory Council

Resolution 1/99: The NGRAC, recognizing the great importance of genetic resources to U.S. and global food security, is concerned about the continued erosion of funds for agricultural research and the impact on the USDA's National Genetic Resources Program. The NGRAC recommends that the Department encourage partnerships that develop political support for increased funding, an example being the American Seed Trade Association's $5 million initiative for the USDA's plant germplasm program and the industry partnerships associated with the USDA's proposed genepool enrichment program. It trusts that the Department will support any such increases in funding for these initiatives in future Departmental budgets.

Resolution 2/99: The NGRAC is encouraged by the Department of State's very positive report from the April 1999 negotiations on the FAO International Undertaking concerning the progress made in addressing farmers' rights and property rights. We renew our support for maintaining the historic openness of the world's plant genetic resources collections that have provided substantial benefits to consumers, farmers, and researchers throughout the world. The NGRAC encourages the USDA to advocate for access to and open exchange of plant genetic resources collections, and supports an expanded list of food crops exempt from restrictions on exchange to ensure broad food security. The NGRAC supports U.S. efforts to develop an efficient, effective and transparent multilateral system for plant genetic resources for food and agriculture and is hopeful that successful international negotiation on access and use will not necessitate reevaluation of the U.S. policy of open access.

Resolution 3/99: The NGRAC reaffirms its continuing interest in completing a strategic plan on genetic resources. To date, the NGRAC has not seen a USDA plan or strategy for implementation of such a plan including prioritization of germplasm research and resources as new funds become available. The NGRAC is encouraged by ad hoc efforts such as the plans coordinated by the University of California-Davis for an Avian Genetic Resources System that besides being helpful directly, also may serve as a model for a sufficiently detailed and comprehensive plan for all livestock species in the national research program. We encourage the USDA to move forward in developing its strategic plan to encompass all components on a parallel track including:

• Increased capacity of storage of plant and animal germplasm brought about by advances in genomic research;
• Implement development of the Animal Germplasm Repository at Beltsville, Maryland recommended to the Department in the May, 1995 NGRAC letter;
• Expanded database management and bioinformatics as referenced to the Presidential information technology "IT2" initiative. 

NGRACNational Genetic Resources Advisory Council Rm 323-A, Whitten Federal Building 1400 Independence Ave., S.W. Washington, D.C. 20250-0300 Telephone: (202) 720-7545; FAX: (202) 690-1434 

Summary of Eighth Meeting April 28-29, 1999

1. The eighth meeting of the National Genetic Resources Advisory Council (NGRAC) was held April 28-29, 1999, in Room 3109 of the USDA's South Building at 1400 Independence Avenue, Washington, D.C. In attendance were nine appointed members (Lower, Hamilton, Adams, Berlyn, Hendrich, Hunter-Cevera, Panton, Rhoades, Sattler) and four ex-officio members (Tavares, DOE) or their designates (Ramm, NIH; McCone, NAL, Harriman, NSF). The Research, Education, and Economics (REE) Under Secretary's office was represented by REE Science Advisor, Dr. Philip Schwab. Chair Richard Lower conducted the meeting that focused on update of the status of the germplasm and genome activities of the Department and the NGRAC's previous recommendations to improve the National Genetic Resources Program (NGRP). Introductions of others present were made and subsequent guests introduced themselves. One special guest was physicist Dr. Yuri Vavilov, son of the famous Russian botanist/agronomist, who was visiting in the United States researching the relationship of his father's work with that of Luther Burbank who Professor Nicholai I. Vavilov had visited at Santa Barbara, California in 1921.

2. Dr. Schwab welcomed the NGRAC and highlighted current events and issues of relevance and importance to the NGRAC. These included the significant potential reductions of 10-15 percent in agencies' 2000 budgets as a result of the budget caps set two years ago. Dr. Schwab noted the seriousness of the budget cap issue on discretionary programs since entitlement programs probably would not be affected. He stressed that the USDA would like to have advice from the NGRAC as to priorities should the cuts be necessary. Dr. Schwab also suggested other ways the NGRAC could help the USDA in recommendations on biological diversity and on the international negotiations. Further he indicated that if the American Seed Trade Association's (ASTA) $5 million initiative to support the USDA's National Plant Germplasm Program materializes, guidance will be welcome on how the USDA might allocate the funds. He indicated that linkages of the NGRAC with the REE Advisory Board and the Biotechnology Advisory Committee under formation would be useful.

3. Dr. Marsha Stanton, Program Leader for Plant Breeding and Genetics in the Cooperative State Research, Education and Extension Service (CSREES), re-summarized Professor Ken J. Frey's studies reported in NGRAC-7. She indicated that the Genepool Enrichment Proposal is an important and serious initiative to overcome the degradation of funding in public plant breeding and to increase on-farm diversity needs. The training component of the proposal would address some of the concerns about the reduction in trained plant breeders. She indicated that the $10 million CSREES Special Grants initiative would require equal matching funds from both industry and universities.

4. Dr. Richard Frahm, National Program Leader for Animal Genetics for CSREES, provided an update on the status of the National Animal Genome Research Program (Regional Project NRSP-8). He noted the remarkable success that the program has had since its establishment in 1993. He noted that there is no animal germplasm program and that ARS had not received the funding, recommended by the NGRAC, to establish the genebank at Beltsville, Maryland for cattle, sheep, swine and poultry. Dr. Calvin O. Qualset of the California Genetic Resources Program presented a proposal for an Avian Genetic Resources System that had pilot funding by NSF, USDA, University of California - Davis (UCD), and the California Genetic Resources Program. The work is centered at the UCD by Dr. Mary E. Delany. Conservation of avian germplasm is complicated because of the difficulty in cryopreserving poultry semen and embryos. Dr. Qualset highlighted the immediate needs to get financial support for live bird maintenance, research on cryopreservation techniques, and adoption of a long-range management plan. The NGRAC noted the comprehensive approach taken in the study by partners in the public and private sectors and suggested that this cooperation may be a model for other livestock groups to emulate. Dr. Qualset noted that the animal germplasm program has focused on evaluating animal breeds and crossbred types and how to effectively use the available diversity. He called attention to a national workshop on: Preserving Animal Germplasm Diversity--A Call to Action, October 31-November 3, 1999 in Nashville, Indiana.

5. Kellye Eversole of Eversole Associates updated the NGRAC on ASTA's $5 million initiative to increase funding to the NPGS and pointed out that the issues include rapid and adequate funding so as to avoid jeopardizing the current collection. In addition to the $21 million current funding as a base, she is asking for an additional $5 million for FY2000. The Corn Growers Association, the American Soybean Association and the Farm Bureau are among those that support it. An FY-2001 increase of $10 million has also been proposed. The NGRAC took a strong interest in this initiative since the NPGS has not received a substantial funding increase since 1988 and discretionary funds are less than 10 percent, a bare minimum, according to Dr. Peter Bretting

6. The Commissioner of the Plant Variety Protection (PVP) Office, Dr. Ann Marie Thro, presented an overview of the activities of the office. The U.S. presented its instrument of ratification of the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV) on January 22, 1999 as the eleventh state to ratify the 1991 convention. She noted the upward of trend of applications for PVP: 1970s (110 per year); 1980s (180 p/y); 1990s (300+ p/y). 4028 certificates have been awarded since the Plant Variety Protection Act was passed in 1970. 1271 are pending at present. She described the intellectual property right relationships between PVP and utility patents administered by the U.S. Patent Office. The NGRAC took interest in the current lawsuit challenging the patentability of plants in the District of Columbia Court of Appeals described by member, Neil Hamilton.

7. The NGRAC heard reports on the National Genetic Resources Program components dealing with plant and microbial germplasm and genome from Dr. Peter Bretting, National Program Leader for Plant and Microbial Germplasm for the Agricultural Research Service. Dr. Bretting specifically noted the activities undertaken and accomplished in response to NGRAC recommendations. He stated that relative to:

• Resolution 2/98 Genetic Resources Road Map: Strategic Plan for USDA Genetic Resources efforts. The USDA Genome Plan is in draft form and contains a genetic resources component (for plants and animals).
• Resolution 3/98 Microbial Resources: Cooperation with the American Microbiological Society on microbial resources. ARS scientists who are officers and key members of AMS are helping draft National Programs on germplasm and genomics so there is cross-linking.
• Resolution 4/98 Bioinformatics: Informatics experts and Genome Centers. USDA/ARS has hired two informatics experts at its Ithaca, NY location and is trying to hire two more. Additionally, an eight person oversight group on bioinformatics was formed and an external panel is being formed. He suggested that there would be a slot available for a member of the NGRAC on the panel.
• Resolution 5/98 Small and Medium Size Farms: Cooperation with the National Plant Germplasm System. NPGS staff are advising and cooperating with the Farmer Cooperative Genome Project supported by the Fund for Rural America and are providing seeds;
• Resolution 6/98 Seed Savers: NPGS linkages with germplasm non-governmental organizations (NGOs). The National Seed Storage Laboratory (NSSL) is providing security back-up for seed collections of several organizations and NSSL is willing to do it for others. The NPGS has supported plant collecting with NGOs, and representatives of prominent NGOs are invited to NPGS annual meetings.
• Resolution 7/98 ASTA initiative: Administration FY 2000 Budget Initiative for NPGS. The budget initiative includes a request to Congress for an additional $600,000 for germplasm data management and $300,000 for microbial germplasm.

The NGRAC expressed its pleasure in having the resolutions addressed in a forthright manner. It believes that the Department's budget cited relative to Resolution 7/98 did not address the ASTA initiative. Also, it noted that the strategic plan for genetic resources has not been delivered or shown to them and they hoped to have input into the plans before they are finalized. It was pleased to learn of the linkages established at the GRIN database to the USDA genomic databases and to the FAO website on Domestic Animal Diversity. Dr. Bretting asked the policy advice of the NGRAC regarding issues of managing selected types of intellectual property in the national program. The NGRAC agreed to discuss that at its next session.

8. Dr. Michael Ruff, Deputy Director of ARS' Office of Technology Transfer, who presented an overview of the Technology Protection System (TPS) in the September 29-30, 1998 meeting of the NGRAC, reported that there had been little change since that report. He was accompanied by Howard Silverstein of the Office of the General Counsel and Dr. Richard Parry, Director of the Office of Technology Transfer, for technical and legal questions and policy. Dr. Bretting distributed FACT SHEETS developed by ARS to respond to issues on TPS. The FACT SHEET is on the web site: http://www.ars.usda.gov/other under "Related Links, Plans and Reports". Questions regarding the licensing of the technology were answered by Dr. Ruff who stated that the public benefits from the joint ownership since the government can oversee the use of the technology through the sub-licensing agreements. The Cooperative Research and Development Agreement (CRADA) with Delta and Pine Land Company (DP&L) gives DP&L exclusive licensing rights under the law. The NGRAC sees the issue as one of continuing interest.

9. Dr. Cathy Enright of the Department of State's Bureau of Oceans, Environment and International Science (OES), addressed the NGRAC on the status of international negotiation on the International Undertaking (IU) at the Food and Agriculture Organization (FAO) of the United Nations resulting from the meeting of the FAO Commission on Genetic Resources for Food and Agriculture (CGRFA) held in the past week (April 19-23, 1999) in Rome. The FAO negotiations are attempting to resolve issues of access related to agricultural genetic resources that were not addressed in the Convention on Biological Diversity (CBD) by developing a multilateral system of access. Dr. Enright's report was upbeat and indicated that progress was made on the matter of farmers' rights, international collections, and scope of national sovereignty over the national collections. Benefit sharing and crops to be included in the multilateral system were not addressed in this recent session. Parameters for the negotiations were established in a contact group meeting in Montreux, Switzerland in late January, 1999 and the chairman of the negotiations is holding the line to the agreements made there. The NGRAC expressed strong opinion that it believes that the open access has been good for consumers, growers and researchers worldwide and expressed interest in seeing that as broad a list of crops as possible be created for the multilateral system.

10. The NGRAC requested information about the rest of the CGRFA meeting conducted in parallel with the negotiating session. Dr. Henry Shands reported that the Eighth meeting of the CGRFA addressed the matter of Domestic Animal Genetic Resources (ANGR) for food and agriculture for the first time by considering the report of the first Session of its Intergovernmental Technical Working Group on ANGR. The CGRFA agreed that work in ANGR was a core activity and requested that FAO should provide adequate budgetary funds to develop the Global Strategy while seeking as much extra-budgetary support as possible for program activities. FAO coordinates National Focal Points and the Commission urged countries to identify those points. And, the CGRFA agreed to the development of a country-driven State of the World's Animal Genetic Resources report similar to the one that led to the Leipzig Global Plan of Action for plant genetic resources (PGR). The CGRFA heard reports on implementation of the Leipzig GPA and reports of other international bodies and NGOs with their activities on interest to FAO.

11. The discussions concerning public relations relative to several items during the meeting were captured in an additional discussion regarding the Genetic Resources Communications Systems, Inc. which publishes the magazine DIVERSITY. The NGRAC members expressed great pleasure in receiving the recent copy which featured the 100 years of USDA plant exploration and the NGRAC resolutions and efforts. The NGRAC commended GRCS and DIVERSITY magazine for the coverage of the September, 1998 NGRAC meeting and the 100 years of the USDA plant exploration and the National Plant Germplasm System (NPGS). Specifically, the NGRAC appreciated the detailed maps, directories, and overviews of all components of the NPGS as well as articles on some of the most cutting-edge research being undertaken at key NPGS locations.

12. The NGRAC reviewed the topics discussed during the meeting and determined how they would address the resolutions and recommendations for the Department. The decisions are reflected in the content of the resolutions and in the relegation of certain matters to comments and inclusions in the minutes or pending further next meeting.

13. Members responded to Chair Lower that another meeting in mid-August would be helpful to address several items of unfinished business: IPR in the germplasm collections, the international negotiations, and the on-going issues of small farms and IPR matters. The following resolutions were proclaimed:

Resolutions of the Eighth Meeting of the National Genetic Resources Advisory Council

Resolution1/99: The NGRAC, recognizing the great importance of genetic resources to U.S. and global food security, is concerned about the continued erosion of funds for agricultural research and the impact on the USDA's National Genetic Resources Program. The NGRAC recommends that the Department encourage partnerships that develop political support for increased funding, an example being the American Seed Trade Association's $5 million initiative for the USDA's plant germplasm program and the industry partnerships associated with the USDA's proposed genepool enrichment program. It trusts that the Department will support any such increases in funding obtained for these initiatives in future Departmental budgets.

Resolution 2/99: The NGRAC is encouraged by the Department of State's very positive report from the April, 1999 negotiations on the FAO International Undertaking concerning the progress made in addressing farmers' rights and property rights. We renew our support for maintaining the historic openness of the world's plant genetic resources collections that have provided substantial benefits to consumers, farmers, and researchers throughout the world. The NGRAC encourages the USDA to advocate for access to and open exchange of plant genetic resources collections, and supports an expanded list of food crops exempt from restrictions on exchange to ensure broad food security. The NGRAC supports U.S. efforts to develop an efficient, effective and transparent multilateral system for plant genetic resources for food and agriculture and is hopeful that successful international negotiation on access and use will not necessitate reevaluation of the U.S. policy of open access.

Resolution 3/99: The NGRAC reaffirms its continuing interest in completing a strategic plan on genetic resources. To date, the NGRAC has not seen a USDA plan or strategy for implementation of such a plan including prioritization of germplasm research and resources as new funds become available. The NGRAC is encouraged by ad hoc efforts such as the plans coordinated by the University of California-Davis for an Avian Genetic Resources System that besides being helpful directly, also may serve as a model for a sufficiently detailed and comprehensive plan for all livestock species in the national research program. We encourage the USDA to move forward in developing its strategic plan to encompass all components on a parallel track including:

• Increased capacity of storage of plant and animal germplasm brought about by advances in genomic research;
• Implement development of the Animal Germplasm Repository at Beltsville, Maryland recommended to the Department in the May, 1995 NGRAC letter;
• Expanded database management and bioinformatics as referenced to the Presidential information technology "IT2" initiative.

Henry L. Shands
Executive Secretary
Phone: 202-720-7545
April 30, 1999
Edited by NGRAC

USDA National Genetic Resources Advisory Council
USDA South Building, Room 3109
Washington, D.C.
Eighth Meeting, April 28-29, 1999

Agenda

Wednesday, April 28, 1999

8:30 a.m., Opening Remarks, Introductions, Chair Richard Lower

8:40, Welcome and comments from Deputy Under Secretary for Research, Education and Economics, Phil Schwab

8:55, Adoption of Agenda, Chair

9:00, Review of National Programs on Germplasm and Genome to include: USDA Genome Project, Chair
CSREES: Update on SAES, Marsha Stanton
CSREES: Animal Germplasm and Genome Activities American Seed Trade Association and Corporate initiative on Plant Germplasm, Richard Frahm and Cal Qualset,
Kellye Eversole

10:00-10:15, Break

10:20, PVPO: Review of Plant Variety Protection Activities, Commissioner, AnnMarie Thro

10:30, ARS: Review of Status of Germplasm Program and IPR issues, Peter Bretting

10:45, Gene expression and control systems, Howard Silverstein, Mike Ruff

11:45, Lunch (Another group will use the room during the lunch hour)

1:15p.m., Status of FAO International Negotiations on Plant Genetic Resources and Issues of the Biodiversity Convention, Cathy Enright

2:30, Discussion on Small Farms, Seed Savers and other Genetic Resources Issues, Chair

3:00-3:20, Break

3:20, Resume Discussion of International/National, Chair

4:30, Issues on NGRAC and Report Assignments, Chair

5:00, Close of Business

Thursday, April 29, 1999

8:00 a.m., Resume Discussion, Chair

10:00-10:15, Break

10:15, Resume Discussion, Chair

11:45, Lunch (Another group will use the room during the lunch hour)

1:15 p.m., Council Discussion (Identification of Key Issues and Development of Recommendations), Chair

3:30, Wrap up and Intersessional Assignments

4:00, Adjourn Eighth Meeting of NGRAC, Chair

Version:
April 28, 1999
Henry L. Shands

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