Case Study 1: Toothfish – An MSC-Certified Fishery - SEAFOOD Ecolabelling: Principles and Practice - page 254

Table 11.1 Timeline for the certification of South Georgia toothfish.

Pre-assessment Oct-Dec 2000

Assessment May 2001-Sep 2002

Determination 7 Oct 2002

Objection procedure Oct 2002-Jan 2003

Objection panel review Mar 2003-Mar 2004

Final decision and certification of 16 March 2004

the fishery management system
Chain-of-custody certification 25 May 2005

The deliberations of the panel were thorough and fair, and their final decision
justified. Nevertheless, the objections procedure delayed certification of the fishery
for 18 months, from October 2002 to March 2004 (Table 11.1).
The case pointed out the fundamental inability of the MSC to decide on the merits
of a further objection. It was quite obviously incapable of directing the sort of re-
sources necessary for an assessment of whether the objection is 'patently frivolous
or otherwise spurious', even to the extent of the procedural issues mentioned above.
Furthermore, there was no financial disincentive to bringing an objection, since the
considerable costs of administering the objection and convening the panel were
borne by the MSC. These shortcomings were recognised by the Food and Agri-
culture Organization Committee on Fisheries which adopted 'guidelines for the
ecolabelling of fish and fishery products from marine capture fisheries' in 2005,
requiring a complaints procedure to be independent of the standard-setting organ-
isation and paid for by the complainant. The MSC has now set up a structure to
oversee objections that conform to these principles (see Chapter 4).
In response to the objections to panel findings, the certification body made appro-
priate changes to its report and certified the fishery in March 2004. Reactions to the
certification announcement were mixed. The Commissioner of South Georgia and
Governor of the Falkland Islands, Mr Howard Pearce, welcomed the certification
saying 'The Government of South Georgia has invested considerable resources in
managing its toothfish stock so as to ensure long-term sustainability of the species
and the best possible protection of the marine ecosystem. We are delighted to have
this commitment recognised by the Marine Stewardship Council'. Simon Cripps,
Director of WWF's Global Marine Programme, stated, 'The decision recognises
that the South Georgia toothfish authorities are making a serious effort to manage
their fishery wisely. The MSC programme creates a mechanism for rewarding good
fisheries like this with a competitive advantage in the marketplace. We applaud the
South Georgia authorities for participating in the MSC process and for agreeing to
take additional steps to improve their fishery. At the same time, this decision sends
a clear signal to fleets that are catching toothfish illegally, that distinction in the
marketplace is now possible. The illegal fisheries now have a choice to clean up
their act or face losing their markets' (WWF press release, 16 March 2004: 'MSC
Certification of South Georgia Toothfish Important Step for Industry').