15 December 2022

Three independent reviews which investigated the allegations made by Shark Guardian in its ‘Slipping through the net’ report, have concluded that the allegations presented were not based on verifiable evidence or did not correctly understand government regulations and the requirements of MSC certification.  The claims relating to shark-finning and treatment of protected species such as whales, were found to be either not credible or could not backed up by verifiable evidence.     

Two initial audits were conducted by the independent expert bodies, known as conformity assessment bodies (CABS) who assess and certify fisheries to the MSC Fisheries Standard. At the MSC’s request, the assessments by LRQA and SCS Global Services were reviewed in a further investigation by Assurance Services International (ASI) – the third-party responsible for ensuring that the MSC’s requirements are properly applied by CABs. These findings are now publicly available.

Together these investigations include a detailed review of the information presented by Shark Guardian alongside relevant records of fishing activities and regulatory requirements. CABs undertook numerous interviews with observers, fisheries representatives, and other stakeholders, including one of the authors of the Shark Guardian report.  

The CABs’ and ASI’s reports reach the conclusion that there is no evidence that fisheries were routinely or systematically in violation of government regulations detailed in relevant conservation management measures, or the MSC Fisheries Standard. ASI concludes: “Overall, some of the allegations/violations referred to in the Shark Guardian report could not be confirmed as they were not based on objective verifiable evidence, whereas others did not constitute a violation of Conservation Management Measures or MSC requirements"

These investigations did however identify a small number of areas for improvement in data collection. These improvements will strengthen even further the evidence base against which these fisheries are assessed.

Commenting on the outcomes, Dr Rohan Currey, Chief Science and Standards Officer at the MSC said: “The concerns raised within the Shark Guardian report have been taken extremely seriously and subject to a number of detailed, expert investigations.  As a result of this inquiry, we are satisfied that the allegations, in particular relating to shark-finning, observer treatment and the treatment of endangered species, could not be substantiated. We are not complacent however, and we believe the recommendations that have arisen as a result of the review, in relation to evidence gathering in particular, will help strengthen the implementation of the programme even further.”  

Dr Currey added, “The comprehensive findings are publicly available, and speak to the transparency and rigor of the MSC certification process. No other sustainable seafood certification or ratings process has such a level of public scrutiny, or independent checks and balances to ensure that any allegations are investigated and acted upon if proved.” 

In terms of the accusations of observer intimidation, interactions with protected species and shark finning, the reviews found:

Fisheries observers: The CABs acknowledged the risks faced by fisheries observers, but found that they were able to operate within a “professional and adaptable way with systems that support their safety and the transmission of reliable data”, for example through personal satellite communicators. To provide further confidence in data collected by observers in the Solomon Islands, SCS amended a condition of MSC certification to require an independent evaluation of the independence of its national observer program.  LRQA recommended that the PNA tuna fishery implement a feedback mechanism allowing observers to follow up on their reports.

Protected species: In relation to the protection of Species of Special Interest (SSIs), the assessors explained that discarding species such as silky sharks and oceanic whitetip sharks back to the sea is in fact required by government regulations, and that while fishers are encouraged to return these species to the sea alive, this is not always possible due to safety or practical reasons. LRQA has recommended that the PNA fishery take further steps to ensure more rigorous reporting of SSI catch by all vessels.

Shark finning: In September 2020 the MSC introduced new requirements which now mean that where there is evidence of shark finning offending vessels must be removed from a fishery’s MSC certificate. However, the CABs’ investigations revealed that most of the shark finning incidents identified in the Shark Guardian report took place prior to this change in the MSC’s requirements. The LRQA and SCS assessment teams were not able to verify the other potentially relevant incidents reported by Shark Guardian, with requests for information from Shark Guardian going unanswered.  

The full detailed reports on the CAB’s review of the Shark Guardian Report are published within the following audit reports:

1. Surveillance audit of the PNA Western and Central Pacific tuna fishery by LRQA (Section 3.2.9)
2. Surveillance & Expedited audit of the Solomon Islands tuna fishery by SCS (Section 2.5, Table 6)

ASI’s Final Assessment Reports are available at following links:

1. Final Assessment Report for LRQA’s assessment of PNA (asi-assurance.org)
2. Final Assessment Report for SCS Global Services of the Solomon Islands tuna fishery (asi-assurance.org)

#ends#