A contentious attempt by a certifier to grant the Marine Stewardship Council (MSC) eco-label to an Indian Ocean tuna fishery that relied on Somali pirates to control fishing effort was thwarted after WWF formally objected to the certification.

A high-stakes hearing held in late July resulted in the first successful objection in MSC history to the certification of a major fishery, and the reshaping of the certification landscape for tuna, claims the WWF, the WWF said in a release on Monday. The International Pol and Line Foundation also objected to the fishery’s certification, according to the MSC.

The independent adjudicator Eldon Greenberg is now requiring conformity assessment body Acoura to review its determination to certify the fishery, in response to the objection, the MSC said in a release. The assessors now have until Sept. 8 to consider points raised by Greenberg. Following Acoura’s response, the objectors will have an opportunity to respond before Greenberg makes his final determination Sept. 15.

“We are satisfied that the MSC objection process has worked, although it was a lengthy and costly process for both us and the fishery client, Echebastar, to address what was simply poor performance of a certifier, Acoura Marine,” said Daniel Suddaby, deputy leader of the WWF smart fishing initiative, who presented WWF’s case.

“Acoura Marine and other certifiers have been misapplying the MSC requirements for a number of years, and we have tried several avenues to resolve this. As a last resort we were forced to object,” he said. “We believe this ruling will bring back the rigor necessary for the assessment of tuna fisheries against the MSC standard. We look forward to the findings of this ruling being applied to all tuna fisheries participating in the MSC program.”

WWF initiated the successful objection earlier this year, after the MSC published a report prepared by Acoura Marine which recommended certification of tuna caught by the Echebastar Indian Ocean purse seine skipjack, yellowfin and bigeye tuna fishery.

Due to serious concerns with the assessment process, WWF lodged a formal notice of objection to the determinations reached by Acoura Marine, with the objective of preventing certification of this fishery to the MSC standard.

WWF’s main concern was the lack of any formal controls or tools to limit or otherwise manage the exploitation of tuna in the Indian Ocean.

“These are a key requirement of the MSC standard for sustainable fishing. Certification should provide consumers and retailers with complete assurance of the sustainability of the products they buy. Any fishery without management controls cannot be considered sustainable,” said WWF, in a press release.

The Indian Ocean Tuna Commission (IOTC), which is responsible for managing the region’s tuna and tuna-like species, along with WWF and other parties, are currently working hard to introduce these management controls, but they are not yet in place, said the NGO.

Acoura attempted to present this early progress as evidence of an in-place and effective system of tuna management, which would have undermined the credibility of the MSC ecolabel scheme.

The main effective control on exploitation has not been through management but through the actions of Somali pirates which have forced many vessels out of key fishing areas for a number of years, allowing depleted tuna stocks to recover.

On July 31, in a special hearing held at the MSC’s London headquarters, WWF formally presented a case before an independent adjudicator, tabling compelling evidence against the proposed certification of the Echebastar Indian Ocean purse seine fishery.

The outcome of this hearing has been keenly awaited by the tuna industry and conservation organisations worldwide as a watershed moment in MSC certification, with implications reaching far beyond a single fishery seeking the use of the well-known eco-label.

After due deliberation, the independent adjudicator declared that Acoura Marine had failed to establish that the required management tools were either in place or even otherwise available to the IOTC, concluding that this flaw was “fundamental, irremediable and fatal and that certification of the fishery was therefore not warranted.

“We are extremely pleased with the outcome, as this landmark ruling provides much-needed clarity to the situation in the Indian Ocean,” said Wetjens Dimmlich, WWF’s Indian Ocean tuna programme manager.

“This decision against the Acoura assessment should not reflect negatively on the fishery itself. WWF recognises the efforts made by Echebastar toward sustainable fishing practices. We would welcome the opportunity to work with this leading Spanish company to achieve a legitimate certification of its fisheries as soon as possible,” he said.

“After nearly two decades of operating, the IOTC must respond to increasing demand from markets and the fishing industry for certified sustainable product and implement the fundamental elements of good fisheries management,” said Dimmlich.

According to the MSC’s release, the Echebastar fishery entered into full assessment on the 22 January 2013. The assessment process has had two periods for stakeholders’ input in order to ensure the participation of all interested parties and consideration of all relevant and up-to-date information related to the fishery.

The objection comes as part of the MSC process requiring the CAB to seek and address input from all stakeholders. This is an essential part of a thorough and credible assessment of fishery practices to ensure an unbiased, fair decision is reached, the MSC said.

Undercurrent News Limited