NW/SW FIELD EXPERIENCE

Bioprospecting in
Yellowstone National Park
Patenting Nature
Megan Kelly
Submission Date:
August 2, 2014

Mammoth Hot Springs in Yellowstone National Park.

Photo taken by Megan Kelly.

Table of Contents

Abstract...2
What is bioprospecting?......2-3
Significance of Yellowstone National Park3-4
Thermus aquaticus discovery.4
Commercial use of knowledge4-6
Battle for National Park protection.6-8
a. Benefit-sharing Agreements.6-7
b. Benefiting others through bioprospecting..8
7. Bioprospecting effects..8-10
8. The future of research in National Parks10
9. Knowledge is needed..10-11
References.....12
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6.

1. Abstract
Humans have been studying and replicating nature for centuries. However, advances in
biotechnology have inspired farther research in biochemical compounds found in the
environment. By studying living organisms chemical composition, scientists were able to obtain
knowledge to benefit mankind. This practice is called bioprospecting, or biodiversity
prospecting. Thermophiles, organisms thriving in thermally extreme environments, can produce
enzymes that survive through the harsh processes in pharmaceutical, biotechnical, and
agricultural applications.
Many environmentalist groups have argued that bioprospecting should not be conducted
within National Parks because they are abusing natures integrity. Yellowstone National Park
holds a plethora of unknown thermophilic bacteria; research should be conducted to expand our
knowledge and to further value the environment in which it was retrieved. The agreement made
between U.S. National Park Service and Diversa Corporation set a precedent for future
bioprospecting treaties. Now, the research location where the patented compound is found will
also receive royalties for the companies discovery.

2. What is bioprospecting?
Otherwise known as biodiversity prospecting, bioprospecting is defined as the
exploration and research of useful organic compounds found in living organisms. Scientists take
special interest in the fungi, plants, and microorganisms that thrive in extreme environments such
as rainforests, deserts, and geothermal features (Carleton College, 2010). The ability to
withstand harsh conditions makes these organisms prime candidates to withstand variations in
the controlled experiments environment. The knowledge obtained from research conducted on

these organisms result in improvements in the pharmaceutical, biotechnical, and agricultural

sectors (Acharya & Chaudhary, 2012).
Many of the chemical processes used in these divisions are being replaced with
biocatalysts, or enzymes, in order to secure an environmental clean product. Microorganisms are
a more attractive source, compared to larger organisms, because they can be cultured in large
quantities in a short amount of time. Thermophiles, organisms thriving in thermally extreme
environments, have come to be the most important organisms to scientists and the companies
they are associated with. They can produce enzymes that survive and prosper in extreme
conditions, which are especially desired for pharmaceutical, biotechnical, and agricultural
applications (Acharya & Chaudhary, 2012).

3. Significance of Yellowstone National Park

Spanning over three states, Yellowstone National Park is situated in the southern portion
of the northern Rocky Mountains. Within these 3,472 square miles of protected land holds the
worlds largest concentration of geothermal features. The park's location is very important to the
function of the geothermal features. It is located on top of a hot spot, or a caldera, that provides
excess to magma near the surface. There are about 10,000 known geothermal features in
Yellowstone National Park, which allow a variety of areas that extremophiles can flourish in
(Chirenje, 2014). Only about 1% of these colorful thermophilic bacteria have been identified, but
there has been a great amount of research done to discover what exists here (Mocal & Benedetti,
2010). The site holds many promising opportunities for the development of biotechnology.
However, here has been some controversy revolving the idea of bioprospecting in this
conservation and recreation area; therefore laws and governing bodies have been put into place
to assure the park continues to convey its propose. Yellowstone National Park management

handles scientific research activities within the park, generally related to the biological resources.
Research Specimen Collection Permits and benefit-sharing arrangements must be filed before
exploration and development is conducted (ten Kate, Touche, & Collis, 1998).

4. Thermus aquaticus discovery

In 1966, Thomas Brock and Hudson Freeze of Indiana University collected 69C pink
bacteria samples from the Mushroom Spring in Yellowstone Park. While examining the samples,
they noticed an organism different from others they have previously seen. Little did they know
that this species would contribute to one of biochemistrys greatest discoveries, and create a
widely debated subject. Three years later, the discovery of the new species of bacteria was
published in a study that labeled the organism Thermus aquaticus (Taq) (ten Kate, Touche, &
Collis, 1998).
Kary Mullis, of the American company Cetus Corporation, later discovered that the
bacterium was the source of Taq DNA polymerase, an enzyme that replicates DNA. DNA tests
used in forensic medicine would frequently use polymerase chain reaction (PCR), but previous
enzymes were not successful in replicating DNA. The reaction involves a persistent range of low
and high temperatures. When he used an enzyme from a bacterium that functioned at room
temperature, it became inactivated during the hot periods of the cycle. Replacing this enzyme
with Taq polymerase, allowed the reaction to function during the cycles hot periods and
permitting a faster way to replicate DNA (ten Kate, Touche, & Collis, 1998).

5. Commercial use of knowledge

The commercialization of biodiversity tends to be driven solely by profit. There are two
components to bioprospectingconservation and use. It is important for the two to be satisfied
in order for there to be long-term profit for the company and their staff. Walter V. Reid of the

World Resources Institute (WRI) advises us of the three problems haunting bioprospecting
commercialization. The first problem is that bioprospecting can lead to an exhaustion of desired
resources if they take advantage of. The second problem is the inability for source countries to
promote conservation efforts. The third issue is the disassociation of indigenous people with the
conservation efforts and economic benefits. These problems can be resolved if the owners and
users of the biodiversity resources will be handled by conservation-minded individuals all
sharing the wealth (Hunter, 1997). Stefano Mocali and Anna Benedetti (2010) believe that a
combination of scientic, technical, legal, institutional and normative efforts will be required
so they may design a cohesive infrastructure in microbial research for the sustainable use of
biodiversity resources.
In 1991, Hoffman-LaRoche, a Swiss pharmaceutical company, purchased all patent rights
to PCR technology from the American company Cetus Corporation. Recombinant Biocatalysis
Inc, who later changed their name to Diversa Corporation, made an obscene amount of money
from the patent by expanding its uses to biotechnology research, medical diagnostics, and
environmental and forensic analyses (ten Kate, Touche, & Collis, 1998). The $54.6 billion
biotechnology industry relies on the research of diversity so they may provide continuously
enhancing industrial, agricultural, and healthcare biotechnology (Wynberg, & Laird, 2007).
Although all contributed labor, time and intellectual resources were provided from other
sources, Diversa Corporation was the only one benefiting from the patent. James T. Staley and
his team (2010) all parties should have reserved revenue for the patent of the technology. The
problem is that Thomas Brock was the only one that obtained a research permit that allowed
Yellowstone National Park to be recognized for being the source of the enzyme. Kary Mullis and
the American company Cetus Corporation did not give credit to the National Parks, but also did

not receive income from Diversas technological advances (Staley, FitzGerald, Fuerst, &
Dijkshoorn, 2010). Through the exchange of specialized ownership, the source location was not
recognized.

6. Battle for National Park protection

Although they were the originator of the technology, Yellowstone National Park did not
receive a share of the financial benefits from Taq or Taq PCR after Diversa Corporation
purchased the technology from American company Cetus Corporation. Many were angered at
the fact that Yellowstone Park wasnt recognized as the birthplace of this great discovery;
however, the park itself wasnt angered but they realized the economic potential within its
boundaries (Scott, 1999).
A suit was filed against Diversa Corporation for taking advantage of Yellowstone parks
resources. The court case ended with four findings: they used an idea not a resource, there was
no commercial use in a National Park, the National Park still continues to meet its goals, and the
Environmental Impact Statement showed no negative impact to the park (Chirenje, 2014). In
1997, Yellowstone National Park signed a Cooperative Research and Agreement (CRADA), the
first in American history, with the Diversa Corporation. The benefit-sharing agreement
guaranteed shared scientific and economic benefits resulting from research conducted in the park
(Scott, 1999).

6a. Benefit-sharing Agreements

The benefit-sharing agreements in Yellowstone allow the park to work with researchers
so they can obtain justifiable benefits, such as equipment, training, or funding for conservation
projects. When research is conducted by the Diversa Corporation on biological material, the park
confirms the returns of commercially successful products and technology. The two entities also

share any future revenues or other valuable results from research conducted on biological
materials collected in the park (Scott, 1999).
Diversa provided an up-front payment of $100,000 to Yellowstone for scientific research
and related conservation purposes. Compensation of royalties as high as 10% from the Taq
revenues are presented to the National Park Service, as well as more scientific training for park
staff and an increased reporting of scientific data obtained from research in the park (Scott,
1999).
These types of agreements are being used more in developing nations so they can protect
the regions biodiversity. Simultaneously, the host country benefits from the discoveries by
commercializing the organisms that they obtained from its national parks and other protected
areas (Carleton College, 2010). Allowing the source nation to have some say in the way
bioprospecting is conducted on their own land.
However, the US National Park Service now claims property rights to the organisms
found in the National Parks thanks to benefit-sharing agreements. The agreement for these rights
was made between the American Type Culture Collection (ATCC) and the National Park Service
(Perrone, & Soriano, 2005). The US National Institutes of Health has created guidelines that

detail the rights in which each party is entitled to. Within this specific case, Kary Mullis, the
scientist who originally patented the PCR process and Cetus Corporation received all rights to
use of Taq polymerase. On the other hand, Thomas Brock, the scientist who isolated, described
and named the organism has no rights to the technology because the original work did not
involve the organisms DNA polymerase. Nevertheless, Brock could request a reimbursement
for isolating, describing, and naming the organism (Staley, FitzGerald, Fuerst, & Dijkshoorn,
2010).

6b. Benefiting others through bioprospecting

Jerome Reichman (2000) argues that the important role that Brock played as the scientist
who discovered, isolated, and named Thermus aquaticus deserves more than a possible
reimbursement. He proposes that the company that patented the technology should automatically
allow reach-through rights, which will allow Brock to have ownership/other interests in the
discovery. He also recommends potential payments of 25% for Brock and his employer during
his time discovering the organism. Moreover, this agreement would apply to all material
transfers, most of them being commercial applications. However, the significance of this mission
is to provide preservation and dispersal of biological material that reflects biodiversity. They
would like to ensure scientific relevance remains when discovering these new organisms, not just
commercially valuable substances. With the help and support of national and international
funding, they will reach that goal (Staley, FitzGerald, Fuerst, & Dijkshoorn, 2010). Rachel
Wynberg and Sarah Laird (2007) argue that bioprospecting can provide benefits to a developing
country, in which many of the resources are collected.
Many developing countries that have not realized their bioprospecting potential have
been taken advantage of by the pharmaceutical and agricultural companies that conduct research
in the region. This has occurred when Thermus aquaticus was also found in the Indian tree
Azadiachta indica that was then used for insecticide without recompense to India. Without a
benefit-sharing agreement between the government and the research company, the business that
patented the product will receive all the profit (Kursar et al., 2006).

7. Bioprospecting effects
Bioprospecting has been seen as a form of conservation that various governments and
conservation organizations have proposed using because of its economic benefits to the region.

As of 1993, 57% of the top 150 prescribed drugs in the U.S. contained at least one major active
compound that was derived, directly or indirectly, from a biological source. Increasing the
knowledge of organisms of a given region can help prevent the loss of traditional knowledge,
provide educational opportunities and emphasize the benefits of the ecosystem while promoting
sustainable economic development (Gurin-McManus, Marianne, et al., 2009).
In reality, the biotechnical industries that have invested time and effort into the
development of the bioprospecting field are not interested in assisting biodiversity conservation.
Their main concern is to discover new research strategies so they can compete with other
companies using fewer resources (Wynberg, & Laird, 2007). In return, the companies would
patent the technology and earn more money.
The uncontrolled extraction of a resource will exhaust the supply and the once beneficial
product will become extinct. Christopher J. Hunter (1997) argues that sustainable development is
the policy that provides needs is met while future needs are accounted for. Officially, it is a
"pattern of social and structural economic transformations (i.e., 'development'), which optimizes
the economic and other societal benefits available in the present, without jeopardizing the likely
potential for similar benefits in the future." Proper husbanding of biodiversity resources by
focusing on the Earths abundance and distribution of living organisms would be more
beneficial rather than just focusing on humans need for consumption (Hunter, 1997).
Many developing countries with areas of extreme environments contain a large fraction
of the worlds biodiversity. Bioprospecting has the potential to have great economic value in
these regions. Thomas A. Kursar and his team (2006) provide a bioprospecting program that will
give economic benefit and promote conservation in extreme areas through the sustainable use of
biodiversity prospecting. By keeping their laboratories within the region, the locals could be

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trained and employed by the companies research team. Also, through benefit-sharing
agreements the nations that have ownership of species of interest command the sharing of
benefits derived from bioprospecting (Kursar et al., 2006).

8. The future of research in National Parks

Natural resources are often used as the starting point for most combinatorial synthesis of
new compounds. A substantial amount of research possibilities on preserved land can assist the
regions economics and conservation, if done properly (Ben-Ari, 2000). In the case of National
Parks, where all U.S. citizens are allowed to use the land for recreation and conservation, people
can take advantage of that freedom. However, research permits and benefit-sharing agreements
now are required in order to safeguard the park system and ensure any economic benefits that
bioprospecting may provide. Now, any knowledge with commercial value that is obtained from
the park is required to share the earnings with said location.
Bioprospecting is now seen as an initiative tool used for the protection of ecosystems
through the exploration of its resources. With their benefit-sharing agreement, Yellowstone has
set a precedent for the U.S. National Park Service to take advantage of their legal right to protect
and benefit from the federal land. Through the use of the highly instructive CRADAs,
conservation managers everywhere are able to manage resources properly (Scott, 1999). This
allowed the practice of bioprospecting in the U.S. National Parks as long as they received some
profit from the company's patented technology. Now bioprospecting is encouraged to promote
the economical and scientific value of the land.

Knowledge is needed
Yellowstone National Park is, argumentatively, one of the most promising locations in
world for scientists to collect and further study thermophilic bacteria for biotechnical

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applications. In the eyes of a biochemist, and to the companies patenting the discovery, this is a
goldmine. Once a discovery is made and a patent is settled, the company has rights to that
technology and goes on to make a substantial amount of money. Unfortunately, companies do
not always share the wealth. The exploration of organisms though bioprospecting is not seen as a
harm to the environment, as much as it once was. Even environmentalist groups have come to
see the conservation potential in researching biodiversity prospecting.
On our visit to Yellowstone National Park, I couldnt help but to think of all the research
opportunities that the region had to offer. The parks biodiversity was uncreditable; it was a
wonder for my eyes to behold. To think that some people have once rejected the idea of
biodiversity prospecting within a U.S. National Park is mind-altering.
Bioprospecting is the exploration of unknown organisms within a biodiverse ecosystem
that have the potential of being commercialized while improving agricultural, biotechnical, and
industrial applications. Research should be valued; not only to expand our knowledge, but also to
further value the environment in which it was retrieved. Once knowledge is obtained about the
usefulness of the organism, they can justify the conservation of the habitat. Biodiversity
resources are considered quasi-nonrenewable resources, because they are renewable if
conserved; and they are [destroyed] is not conserved. (Hunter, 1997). We must ensure the
survival of organisms living in extreme environments, as well as all species on earth, so that
innovative discoveries remain a possibility.

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