MSC Marine Stewardship Council Terms of Reference (ToR) for the MSC Mixed Fisheries Standard development This document is publicly available on the MSC Program Improvements website (improvements.msc.org) Comments are welcome and appreciated. All feedback should be submitted to standards@msc.org. Document history Version Effective date Description of amendment Affected section/page 1.0 8 July 2016 New document n/a Terms of Reference (ToR) for MSC Mixed Fisheries Standard development 1
Table of Contents 1. Introduction to the MSC... 3 2. About this Terms of Reference (ToR) document... 3 3. What are mixed fisheries?... 4 4. Why do we need a Mixed Fisheries Standard?... 4 5. Objectives of the Mixed Fisheries Standard... 5 6. The proposed approach for assessing mixed fisheries... 5 7. Outcomes of the standard setting process... 6 8. Stakeholder participation... 6 9. Guiding standard setting principles... 9 10. Process of standard development... 10 11. Governance structure, working approach and decision making procedure... 10 12. Assessment of risks... 12 13. Contact information... 12 Terms of Reference for MSC Mixed Fisheries Standard development 2
1. Introduction to the MSC The Marine Stewardship Council (MSC) was created in 1997 when two global organisations, WWF and Unilever, came together with the common vision of improving the sustainability of the world s fisheries. Together they founded the MSC an international non-profit organisation set up to help transform the seafood market to a sustainable basis. Between 1997 and 1999, the MSC consulted over 200 scientists, environmentalists and stakeholders to establish a worldwide certification system for fisheries using environmentally sustainable practices. Currently, the MSC runs the only certification and ecolabelling program for wild-capture fisheries consistent with the ISEAL Code of Good Practice for Setting Social and Environmental Standards and the United Nations Food and Agricultural Organization Guidelines for the Ecolabelling of Fish and Fishery Products from Marine Capture Fisheries (FAO, 2009). The MSC works with fishers, seafood companies, scientists, conservation groups and the public to promote fisheries best practices through its certification program and seafood ecolabel. When any buyer chooses to purchase MSC-ecolabelled fish, certified fisheries are rewarded for their sustainable practices through market preference. The MSC and its partners encourage processors, suppliers, retailers, and consumers to give priority to purchasing seafood from MSC-certified fisheries and to demonstrate this through use of the MSC ecolabel. MSC vision and mission The vision of the MSC is of the world s oceans teeming with life, and seafood supplies safeguarded for this and future generations. The MSC s mission is to use our ecolabel and fishery certification program to contribute to the health of the world s oceans. The MSC does this by recognising and rewarding sustainable fishing practices, influencing the choices people make when buying seafood and working with our partners to transform the seafood market. 2. About this Terms of Reference (ToR) document This document provides an overview of the standard setting activities of the MSC in developing a globally applicable and voluntary sustainability standard for the assessment of mixed fisheries. It is for the reference of all interested parties. It explains: i. What mixed fisheries are; ii. iii. iv. Why we need a new standard for mixed fisheries; The objectives of the MSC Mixed Fisheries Standard; The approach for assessing Mixed Fisheries; v. The objectives of the standard setting process; vi. vii. viii. ix. Who is affected and how they can participate during the MSC standard setting process; The process of standard development; Risks to the MSC program within the scope of this standard development and measures to mitigate and/or avoid those risks; and Contact information. Terms of Reference for MSC Mixed Fisheries Standard development 3
The standard development will follow the ToR outlined in this document. This ToR has been developed following ISEAL Standard Setting Code version 6.0 and the MSC Standard Setting Procedure. 3. What are mixed fisheries? Fisheries that target more than one species simultaneously are given different names in different regions. Conversely, the term mixed fisheries may mean different things in different locations. For the purposes of the MSC Mixed Fisheries Standard the MSC defines a mixed fishery as one where multiple species are caught in the same place, at the same time and with the same gear. 4. Why do we need a Mixed Fisheries Standard? Mixed fisheries present a particular challenge for fisheries science and management. Often in these fisheries, fish are caught by non-selective or less selective gear, meaning that a wide spectrum of sizes and species of fish are caught and utilised. It also means that if a fishery doesn t want to retain a specific species, and can t exclude it from the catch, the species of fish may be discarded overboard. Further, the large number of species caught together in mixed fisheries can increase the complexity of interactions with the ecosystem, for example through such processes as competition and predation. To date, there is no clear accepted best-practice for assessing the sustainability of mixed fisheries. However, current overarching best-practice approach to fisheries management for healthy stocks is to use single species, single-stock maximum sustainable yield assessments. Maximum sustainable yield (MSY) is a theoretical value, and is the highest long-term average yield a stock can sustain indefinitely and is calculated in isolation, as if that stock is the only one harvested. Its calculation usually does not take into account the realities in mixed fisheries such as the interactions of gear catching multiple sizes and species, nor the interactions between species. The applicability of the MSC Fisheries Standard to mixed fisheries has been raised as an issue by stakeholders in the last few years, The MSC has followed up by conducting background research and other investigations into this issue. The MSC Fisheries Standard strives to be a globally accessible standard for the assessment of sustainability in all wild capture fisheries. It uses its Theory of Change to address the impacts of unsustainable fishing on the oceans. The current standard is written to reflect scientific developments and best practices in management. For this reason it is most easily applied to single-species, single-stock fisheries where best practice is most easily identified. However, many fisheries do target several species simultaneously and it is impractical, or impossible within realistic resources, to assess all of them individually. Further, it may not be expected or it may not be possible for all harvested stocks to be at or fluctuating around Bmsy or surrogate targets at all times, as required by the MSC Fisheries Standard. In addition to these real-world constraints, the single-species approach creates laborious and time consuming assessment processes, in which each Principle 1 (P1) candidate species must be assessed against the requirements for fisheries, leading to increasing cost and effort with more species. Furthermore it can result in an artificial selection of P1 species those that will pass P1 requirements rather than the entire suite of actual fishery-specific target species. Terms of Reference for MSC Mixed Fisheries Standard development 4
An MSC internal survey of global outreach staff conducted in 2015 identified that all regions have mixed fisheries interested in MSC assessment, and the development of an MSC Mixed Fisheries Standard could increase accessibility for approximately 20% of fisheries worldwide. 5. Objectives of the Mixed Fisheries Standard The objectives of the MSC Mixed Fisheries Standard are to: 1. Produce a modification to the MSC Fisheries Standard to allow consistent, robust and efficient assessments of some mixed fisheries to demonstrate an equivalent level of sustainability as the default MSC Fisheries Standard. 2. Increase the accessibility (and reduce complexity) of the MSC program for mixed fisheries. This new standard will act as a supplement to the existing standard offering a modified assessment tree for use in specific mixed fishery contexts, without a change to the overall outcome requirements ( the bar ) of the current standard. This standard development will result in an interim solution that will be applicable to a sub-set of mixed fisheries where there is adequate information available on a number of species within the catch to justify that management approaches are adequate to meet the default MSC Fisheries Standard for Principle 1 (P1) and Principle 2 (P2). This standard will not offer a solution for all mixed fisheries. It is necessary that the approach will ensure that species assessed in P1 (i.e. the stocks that will be eligible to use the ecolabel) and the broader ecosystem effects of the fishery (i.e. the elements assessed under P2) will meet the same level of assurance of sustainability as the current MSC Fisheries Standard. 6. The proposed approach for assessing mixed fisheries The MSC Technical Advisory Board (TAB) has advised the MSC Executive to proceed with development of an approach that is based on and generalises the mixed species assessment and management approach currently used for mixed stock fisheries in a Western Australian tropical demersal fishery and in the Inter-American Tropical Tuna Commission (IATTC) managed Northeastern Tropical Pacific purse seine fishery. The Western Australian approach uses status assessment of the more vulnerable index species, coupled with responsive management interventions based on those index species, in order to protect a suite of less vulnerable ones. It is highly precautionary, consistent with current MSC outcome requirements, and has 15 years of empirical evidence that confirms its success. The IATTC approach considers bigeye and yellowfin tuna to be more vulnerable than skipjack. The fishery is managed according to the reference points for bigeye and yellowfin, and such management is expected to also be protective of skipjack. Monitoring of skipjack is also in place that would detect if the management was not sufficient. This approach has maintained apparently healthy stocks of all three species. The MSC will develop a generalisation of these approaches, potentially allowing for wider selection of the more vulnerable index species, for detailed consultation. Terms of Reference for MSC Mixed Fisheries Standard development 5
7. Outcomes of the standard setting process The outcomes from this process will be: I. A framework for robust assessment of mixed fisheries consistent with the current MSC bar ; II. Incentives for more fisheries to make improvements that help the MSC to deliver its theory of change, including through the use of conditions. These will comprise of: I. A globally applicable standard for assessing a subset of mixed fisheries; II. A set of certification requirements to allow consistent assessment against the standard; III. Guidance for operators and auditors to: a. Ensure consistency in implementation (by fisheries); b. Ensure consistency in assessments (by auditors). The standard will not be applicable to mixed fisheries without the necessary stock information. Future revisions may increase the scope of this standard if alternative methodologies for assessing mixed fisheries are developed and tested. 8. Stakeholder participation Stakeholder inputs are an integral part of the process to develop, review and revise MSC standards. Throughout the standard development process, the MSC will follow an open and transparent consultation process. We seek to engage all stakeholders to ensure that the resulting standard meets the stated objectives. The MSC s processes for consultation on a new or revised standard follow the ISEAL Standard Setting Code and FAO Eco labelling Guidelines. ISEAL requires two rounds of public consultation and effective stakeholder engagement opportunities, focussing particularly on those who are typically under-represented (such as those in the developing world). The MSC will monitor the participation of stakeholders throughout the standard development process to ensure balanced and effective participation. Stakeholders are: Key Mixed fisheries (existing MSC fisheries and prospective applicants) Governments and policymakers Scientists/academics engos Certification bodies (CABs) ASI (the Accreditation Body used in the MSC multi-cab system) Overlapping organisations (other standard setters or certification schemes) Secondary MSC staff and governance bodies Other existing MSC fisheries (Industry) Media Commercial and industry partners Donors Terms of Reference for MSC Mixed Fisheries Standard development 6
Opportunities for Input The table below outlines key stakeholder groups respective relevance and interest in the standard setting process, and how the MSC intends to involve them in this process. Main stakeholder groups Relevance (why they should participate in the process) Interest in the process and standards Minimum participation goal Engagement methods Mixed fisheries Most directly affected group. In order for standards to be effective, requirements must be achievable by these fisheries in practice. Clear and consistent standards, simple and costeffective implementation, increased accessibility. Two developed world fisheries and three developing world fisheries. Online consultation In-person workshops MSC Outreach engo support Participation in pilot studies. Governments and policymakers The content of the standard will have effects on requests for information from fishers wishing to meet the standard. This may have a significant impact on resourcing priorities for both research and policy making/ legislation. For governments it is important to be assured that certification standards are not imposing undue requirements in the form of conditions. Two developed world governments and three developing world governments. Email, website, webinars. Scientists/academics engos This group is key to ensuring that correct scientific application of best practice is included in the standard. Interested in ensuring standards contribute to delivery of sustainability outcomes relevant to their Interest in ensuring the most applicable best science is utilised in development. Standards must address key environmental concerns. Three working in developed world, three working in developing world total. Three NGOs: MSC Stakeholder Council to recommend. Invitees for peer review, workshops, and impact assessments. Email, workshops, website, webinars. Terms of Reference for MSC Mixed Fisheries Standard development 7
Main stakeholder groups Relevance (why they should participate in the process) Interest in the process and standards Minimum participation goal Engagement methods organisations and do not hinder their missions. Industry Processing and trade companies match supply and demand. Changes in industry and availability of certified seaweed may affect their business directly. Costs for sourcing and availability of certified products must be in line with demand and sales of those. Three for active solicitation. Email, workshops, website, webinars. Conformity Assessment Bodies (CABs) Standards structure and content practical to implement and consistent with standard auditing practices. Interested to make standards fit with their business models and internal processes. CABs need to be able to build a viable business model based on credible assessments of the standards. Input from 80% of CABs accredited for MSC fishery assessment. Email, workshops, website, webinars. ASI (the Accreditation Body used in the MSC multi-cab system) Interest in a standard system that allows audit of CABs assessments against the standard. Interest in a standard system that allows audit of CABs assessments against the standard. ASI lead fishery auditor. ASI will peer review the draft mixed fishery standard. Overlapping organisations Identify possible overlaps in existing best practice and standard schemes that address mixed fisheries assessment to avoid duplication, align practices where possible, provide learning opportunities to inform new standard. New standard does not duplicate existing standards and the applicability is clear. One representative from local / international schemes. Email, workshops, website, webinars. Terms of Reference for MSC Mixed Fisheries Standard development 8
9. Guiding standard setting principles The MSC use their standards to achieve their missions and visions. Therefore, it is important that both the process of setting standards and standards themselves observe widely recognised credibility principles. Improvement The MSC Mixed Fisheries Standard will be reviewed, and if needed revised, every five years, at a minimum. This allows the MSC to incorporate learning from stakeholders feedback and from the Monitoring & Evaluation (M&E) program. Performance levels will be adjusted over time to reflect new science and improved management practices. Relevance There is a growing awareness of the limited applicability of current stock assessment methods for mixed fisheries. Furthermore, stakeholders and fishery clients have raised concern that the entirety of a fishery cannot be certified, but only a few species, sometimes arbitrarily selected as target species for MSC assessment, which therefore limits the program s accessibility. In order to improve that accessibility, reduce cost, and better mirror the reality in fisheries, MSC proposes to develop a modified tree fit for purpose. The resulting standard will be updated where there is improved scientific understanding, with widespread scientific support, to demonstrate that a change in the performance requirement is necessary to achieve the intentions of the standard Principles and Performance Indicators. Additionally, revision should be considered where there is improved mixed fishery management best practice, growing support in management and policy circles that are accepted as being required and appropriate to achieve the relevant FAO Codes of Conduct. The standard s requirements are formulated in a way that facilitates consistent interpretation and verification. Rigour The standard is based on performance outcomes from implementing operations that represent the sector s best practices across different regions. Principles: High-level goals that once achieved would contribute to achieving the defined outcome; Performance Indicators: Issues against which performance can be measured in a specific area; Scoring Issues: Elements of performance indicators that allow thorough consideration of more complex issues; and Scoring Guideposts: Specific performance levels to be reached which will determine if the desired impact will be achieved. Engagement Multiple stakeholder groups are proactively engaged throughout the standard development process, from the initial feedback through to the decision-making stages. Final decisions are taken by the MSC Board of Trustees, which includes a variety of stakeholder interest groups. Transparency All information on the standard development process except confidential minutes of governance bodies and other internal meetings is made publicly available on the MSC websites. The information is kept up-to-date, including the ToR, synopsis and all public comments, draft version(s) of the standard, and the final (valid) version of the standard. Accessibility The standard s requirements are not overly burdensome. The standard does not create obstacles to trade or exclude small-scale operations from market access and facilitate access to information about meeting the standard, training to build capacity at the local level and for actors within the supply chain. The standard and guidance documents are translated into different languages as deemed necessary. Terms of Reference for MSC Mixed Fisheries Standard development 9
10. Process of standard development The table below lists the steps for the MSC Mixed Fisheries Standard development process. Activity Planned date MSC TAB and Board review and approve ToR June 2016 Publish ToR and work plan Jul 2016 Consultation on the ToR with other standard setters Jul 2016 (14 days) Public consultation on draft Standard Aug-Sept 2016 (60 days) Review and publish consultation feedback Oct 2016 Testing on first draft in Western Australia Late 2016 MSC Stakeholder Council meeting review draft Standard Nov 2016 MSC TAB review consultation feedback and recommend changes and further pilots Nov 2016 Peer review and further developments based on feedback Jan-Aug 2017 MSC TAB consideration and recommendation for changes Jun 2017 Trials of the standard in mixed stock demersal fisheries in Indonesia and Mexico MSC TAB review of progress and recommendations Dec 2017 Sep 2017-end 2018 Public consultation on second draft of standard Feb-Apr 2019 Review and publish consultation feedback May 2019 MSC TAB review consultation feedback and recommend changes Jun 2019 Public consultation on standard revisions Aug-Oct 2019 Review and publish consultation feedback Nov 2019 TAB sign off Dec 2019 Board approval of final standard for release and implementation Jan 2020 Release of standard (possibly as pilot until release of MSC Fisheries Standard V3.0) 2020 11. Governance structure, working approach and decision making procedure The MSC is governed by a Board of Trustees. Our Technical Advisory Board and Stakeholder Council advise the Board. MSC staff carry out the work of the organisation from offices around the world, and report to the Board of Trustees. Our structure involves a wide range of stakeholders with different views. This allows the MSC to be balanced, and decisions reflect many sectors and interests. The Board of Trustees, Technical Advisory Board and Stakeholder Council include representatives from industry, environmental groups and science, and from different geographical regions. Terms of Reference for MSC Mixed Fisheries Standard development 10
In addition to our three governance bodies, committees and working groups are set up to address specific regional or topical issues. Their members come from the MSC Board, Technical Advisory Board and Stakeholder Council, and may include other experts who are invited to advise the MSC. Reporting requirements A summary of MSC Board discussions arriving at a decision to endorse a standard will be made publicly available. Decision-making procedure Formal adoption of a new or revised standard rests with the MSC Board following recommendation from the Technical Advisory Board and advice from the Stakeholder Council. Adoption of a standard will only be confirmed where there is consensus in the Technical Advisory Board. Participation It is possible for stakeholders to attend and observe Technical Advisory Board meetings. Those interested should contact standards@msc.org for more information. Terms of Reference for MSC Mixed Fisheries Standard development 11
12. Assessment of risks In random order the MSC have identified the following risks for the project and the resulting standard and strategies to mitigate those risks: Identified risks 1 Creating a more accessible version of the MSC Fisheries Standard could create a perception of reduced rigour of the requirements for achieving certification 2. Adding to the certification options available within the program may make it harder for some stakeholders to engage with the MSC program, for example, CABs, engos, the public. 3. Creating a standard more precautionary than existing standards where data and resources are not available to allow small scale or developing world fisheries into the MSC program, compounding accessibility problems, in turn affecting program credibility. Risk mitigation strategy The standard development and outcomes will rely on rigorous and objective science, and demonstration of sustainable outcomes consistent with those in the default assessment tree. The intent and scientific justification for the standard should be made available and integrated consistently across all communication documents. Careful consideration of the detail of the standard and associated documents; Clear communication about the project and implementation; Transparent stakeholder engagement throughout the standard setting processes. Engaging fishery clients and governments and policymakers early in the process to understand feasibility, and impact, of implementing various proposals. 13. Contact information Please contact standards@msc.org to submit any comments on this document and/or the MSC Mixed Fisheries Standard development. Terms of Reference for MSC Mixed Fisheries Standard development 12