The MSC objections process: What you need to know

Assessments against the MSC Fisheries Standard are carried out by a team of fisheries experts working for an independent Conformity Assessment Body (CAB). 

Many different stakeholders participate in assessments and provide evidence to help the assessment team determine whether the fishery meets the Standard. 

An objection can be raised if a stakeholder disagrees with the CAB’s determination on certification or the conditions of certification set. This provides an additional level of independent oversight.

Objections may lead to changes in the outcome of an assessment or additional conditions of certification. Find out more about the process.

Who can lodge an objection?

Objections can be submitted by any stakeholder who participated in a fishery assessment, including:

• The fishery client
• Participants who provided written feedback on the Announcement Comment Draft Report and/or attended stakeholder meetings such as site visits (considered a ‘registered stakeholder’).
• Any party whose participation in the assessment process was impaired due to a CAB not following assessment protocols correctly e.g. if the CAB did not inform a stakeholder who had engaged in a related assessment, or a fishery client targeting the same stock.
  

 

Eligibility criteria

An objection can consist of multiple issues or ‘elements’. Each element will be considered against the eligibility criteria, meaning the objection can be accepted in its entirely, or as individual elements. 

To be eligible, each element must meet all of the following criteria:

• Be based on information that was provided to the CAB during the assessment process (unless the stakeholder’s participation was impaired).
• Be based on issues relating to the assessment process and the CAB’s procedural performance, such as scoring rationale.
• Have a material impact (if proven) on the outcome of the assessment e.g. change the certification status or lead to conditions of certification.
  

An objection will be rejected if none of the issues raised meet the eligibility criteria. 

There are alternative mechanisms available if stakeholders wish to provide feedback on the MSC program or raise an issue which does not meet the eligibility criteria for objections. This includes submitting a complaint about the conduct of a CAB or certificate holder to the CAB, or raising an incident with ASI directly. 

When can an objection be raised?

An objection can only be raised at the end of the assessment process, once the CAB has published the Final Draft Report. This report includes the CAB’s determination on whether a fishery should be certified or not.

The Notice of Objection must be submitted to the MSC via [email protected] within 15 working days of the publication of the Final Draft Report. 

Objections must be submitted in English using the MSC Notice of Objection Template Version 2.0.

 

The Objections Process

All objections are subject to the MSC Objections Process, led by an independent adjudicator (a legal expert in dispute resolution and regulation), and Assurance Services International (ASI), the independent body that provides oversight of CAB activities.

The MSC provides administrative support but is otherwise not involved in the process. 

A summary of the process is detailed below:

1. Notice of Objection submitted to the MSC
    - Shared with the independent adjudicator, ASI and the CAB.
   
2. Admissibility review 
    - Independent adjudicator determines whether the objecting party is eligible to submit an objection.
   
3. ASI appraisal
    - Determines how each element of the objection should be addressed, the timeframe, and resources required.
   
4. ASI investigation
   - Determines whether the CAB followed the fishery assessment process correctly.
   - Includes review of assessment documents and consultation with any parties involved.
   
5. Investigation report published 
   - All incidences of non-compliance (‘Objection Findings’) shared.
   - CAB required to respond to the report and provide corrections to the Final Draft Report where necessary before they make a final decision on certification. 
   
6. Public Certification Report published
    - If certification is granted, the Public Certification Report is published on Track a Fishery, highlighting the changes made to the Final Draft Report and Determination.
   
   

Adjudication 

ASI may decide to refer an objection to the independent adjudicator. In this instance, the objecting party and CAB will be encouraged to hold discussions and reach a resolution. 

The CAB must provide a detailed response, outlining whether changes will be made to the final report. The adjudicator then arranges another consultation between the parties.

If no agreement can be reached, the process moves to a formal hearing. At this stage, the adjudicator makes a final decision on whether the objection is upheld, dismissed or remanded back to the CAB to make changes to the Final Draft Report.

An updated version of the Public Certification Report is published on Track a Fishery, highlighting the changes made to the Final Draft Report and Determination following the objection.

Resolving complex objections

In specific circumstances, the independent adjudicator may decide that an objection should be heard by a panel of up to three adjudicators instead of one. 

This can only occur when:

• Two or more objections are due to be heard together.
• The issues raised in the objection are more complex due to the scale and number of fisheries involved.

The use of a panel will ensure complex issues receive proportionate consideration. 

Costs of lodging an objection

If an objection is accepted for appraisal, the objector will be required to pay a fee to the MSC to contribute to the administrative costs of the process.

A waiver request can be submitted if there are exceptional circumstances which prevent the objecting party from paying the fee. 

The fee for lodging an objection is indicated in the Notice of Objection template. 

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