Marine Stewardship Research Articles

The Incurable Constitutional Itch: Transnational Private Regulatory Governance and the Woes of Legitimacy

Transnational private regulatory governance in a host of areas from food and product safety, aviation security, accounting, corporate and labor standards, as well as forestry and marine stewardship has long attracted the attention of those with concern for the public interest. The chapter recognizes these concerns, which are usually expressed in terms of a wide-ranging legitimacy deficit of private governance regimes. At the same time, I contend that there is no easy fix in response to regulatory developments that have their origin in nation-state transformation and in a functionally differentiated proliferation of global societal activity. I provide a brief account of what is here called the ‘Global Governance condition’ and of the particular challenges emanating therefrom for the development of legal agency. I then engage with law’s potential to resituate itself in a global context against the background of competing accounts of functionalism and normativism. Thereafter follows a discussion of the particular role played by private law in navigating public and private interests and of the (futile?) aspirations for a political critique. The next section contextualizes the public-private law dynamics against the background of a high degree of functional and sectorial specialization which characterizes transnationalization processes and significantly challenges any effort of designing overarching and inclusive models or concepts of post-national justice. The concluding section interrogates the prospects of an interdisciplinary and normative engagement with the pressing political regulatory challenges that arise from law’s transnationalization.

Authority without credibility? Competition and conflict between ecolabels in tuna fisheries

Certification is widely seen as an innovative strategy for dealing with environmental problems in supply chains. As the number of labels available in the fisheries sector has increased, each with its own framing of sustainability, questions are being asked about their credibility. In tuna fisheries, contrasting approaches have led to conflict over, among other things, the credibility of competing labels. This paper investigates one such conflict between the Dolphin Safe and the Marine Stewardship Council certification schemes in the West and Central Pacific. It looks at how key practices like scientific rigour, inclusiveness, transparency/openness, impartiality/independence and impact contribute to label credibility and explains the importance of authority in understanding how certification schemes maintain influence within global production networks. The results demonstrate that despite substantially different levels of credibility within these networks, the application of an environmental standard is more connected to the authority of the standard setter than the credibility of the label. The paper concludes that understanding the more nuanced role of authority, both with and without credibility, offers new insights into the wider dynamics that shape environmental regulation in global production networks.

The Impact of MSC Certification on a Japanese Certified Fishery

This article investigates the impact of Marine Stewardship Council (MSC) certification on a Japanese certified fishery. In September 2008, the MSC first certified the Kyoto Danish Seine Fishery Federation (KDSFF) as a sustainable fishery in Asia. In order to examine any impact of MSC certification on the KDSFF, this study examines structural changes in the market. Since no immediate impact of price premium changes can be realized, structural break tests and cointegration tests are conducted. The monthly ex-vessel price of flathead flounder in the Kyoto market is compared with those in the two adjacent uncertified markets. The structural break tests detected a significant impact two months after the KDSFF’s certification. The cointegration and Granger causality tests showed that the Kyoto market was previously influenced by other larger markets, but has become less subject to their influence after introduction of MSC certification.

Exploring the Output Legitimacy of Transnational Fisheries Governance

Private rule-setting organizations increasingly design, implement, and monitor rules and standards that prescribe behavior in the global governance for sustainability. In this article we develop criteria against which we evaluate the output legitimacy of these organizations along two dimensions on the basis of their acceptance by different constituencies. The internal dimension refers to the acceptance of the organization's rules and standards by the relevant target group, and is assessed on the basis of standard uptake and compliance. The external dimension signifies the ability of the organization to have broader political and socio-economic impact that reaches beyond the target group, and is evaluated on the basis of structural, cognitive, and regulatory effects. With reference to the Marine Stewardship Council and Friend of the Sea, our analysis illustrates that while claims by private organizations to output legitimacy are not unfounded in sustainability governance, they can also be contested when considered in a global context.

National or supranational fisheries sustainability certification schemes? A critical analysis of Norwegian and Icelandic responses

Increased focus on sustainable seafood has created a market and a market demand for third party sustainability certification. The Marine Stewardship Council (MSC) is by far the largest and most well-known. Still some countries have chosen a different strategy to provide documentation of their sustainable fisheries. Despite the apparent similar circumstances of the Norwegian and Icelandic fishing industry they initially chose different paths. While Norwegian actors went with the MSC, Icelandic industry decided to develop their own national sustainability programme where they combined sustainability and country of origin. Explanations for the different strategies are found in apparently small differences in the industries׳ market position, their response to advocacy groups and reputational considerations, the structure of the industry in Norway and Iceland and in the role of fishery in public policy and national discourses.

Empirical analysis of sustainable fisheries and the relation to economic performance enhancement: The case of the Spanish fishing industry

Sustainability and fishery must be a linked concept when considering the future of the natural resources. The environmental impacts of global seafood production and the effects of the intensive exploitation of our seas and oceans are indeed an issue under study and regulation. To minimize the negative effects of the fishing activity over the environment a growing number of companies are joining the Marine Stewardship Council (MSC) certification. The MSC is a leading wild-capture fisheries certification program that involves the fishing chain of custody. The increase in the number of certifications confirms that the seafood processing industry suggest their consideration of the environmental orientation as a key element of their strategies. In this paper the MSC certification and its implications for companies׳ value creation process are analyzed. To do so, data from 561 Spanish firms is retrieved and a multivariate quantitative analysis is deployed. Results show that that there is a difference in the economic performance of businesses that were MSC-certified over those that were not and the moderating role of size.

Product Differentiation with Credence Attributes and Private Labels: The Case of Whitefish in UK Supermarkets

AbstractThe retail market for seafood is dynamic with substantial competition both amongst retailers and between private labels and national brands. New product attributes are added in attempts to differentiate products and to attract consumers. Credence attributes, in particular those related to eco‐labels and fishing method, have become more common. But little is known about how these and other credence attributes are valued in the retail market. In addition, little is known about price differences between private labels. To estimate the value of these attributes, weekly in‐store observations of selected frozen whitefish products were conducted in seven UK retail chains in the city of Glasgow. An estimated hedonic model shows a substantial price premium for fishing method (line‐caught), a premium for both home (Scottish) and non‐home country of origin (Icelandic) and a premium for the Marine Stewardship Council eco‐label. An uncertified eco‐label owned by a large seafood manufacturer leads to reduced price. The study also reveals substantial price differences between private labels for whitefish. The results contribute new insights regarding opportunities for differentiation by credence attributes which may lead to more sustainable and effective resource use along the value chain for frozen whitefish.

Certifying the commons: eco-certification, privatization, and collective action

We examine new dynamics of privatization and collective action in common pool resource situations facilitated by the nonstate multistakeholder institutions of the Marine Stewardship Council (MSC), the global leader in sustainability certification for wild caught seafood. Through a review of the literature and two case studies of fishing cooperatives in Baja California Sur, Mexico and on Fogo Island in the Canadian Province of Newfoundland and Labrador (NL), we advance two interrelated arguments. First, certification and eco-labeling institutions privatize fisheries governance in largely unexamined ways through the injection of new forms of exclusive rights or privileges into common pool resource situations already complicated by access and property privileges, creating conditions for confusion and conflict as well as cooperation. Second, the MSC whole stock definition of sustainability places greater demands on certification clients for engaging in collective action by encouraging coordination over all social extractions from targeted fish stocks. Although rules encouraging collective action in common pool situations militate against the narrow private capture of certificate and eco-label rights, they also undermine the ability of small-scale and community-based fisheries that are embedded in larger unhealthy fishery contexts to acquire the right to the MSC stamp of sustainability. We conclude that MSC certification and eco-labeling create new institutions of private property rights and collective action, which can result in exclusionary practices, inclusionary collective action, or both. Much will depend on the specific common pool context and history of the fishery.

Do Japanese consumers care about sustainable fisheries? Evidence from an auction of ecolabelled seafood

This paper investigates Japanese consumers' willingness to pay for Marine Stewardship Council (MSC) ecolabelled seafood using a sealed bid, second price auction. Participants in an experiment in Tokyo were provided varying degrees of information about the status of world and Japanese fisheries and the MSC program in sequential rounds of bidding on ecolabelled and nonlabelled salmon products. A random‐effects tobit regression shows that there is a statistically significant premium of about 20 per cent for MSC‐ecolabelled salmon over nonlabelled salmon when consumers are provided information on both the status of global fish stocks and the purpose of the MSC program. This premium arises from a combination of an increased willingness to pay for labelled products and a decreased willingness to pay for unlabelled products. However, in the absence of experimenter‐provided information, or when provided information about the purpose of the MSC program alone without concurrent information about the need for the MSC program, there is no statistically significant premium.

Encourage Sustainability by Giving Credit for Marine Protected Areas in Seafood Certification

Widespread concern over global fish stocks has prompted an increase in research and initiatives aimed at rebuilding ailing fisheries and incentivizing sustainable fishing practices. This promising focus on solutions coincides with a burgeoning consumer and retailer demand for environmentally friendly products (Figure 1). Sustainability certification, labeling, and consumer guides (e.g., Marine Stewardship Council, Fair Trade, Seafood Watch, etc.) are signals that help eco-minded consumers identify products that meet their standards. Accurate signals offer an immense opportunity to incentivize sustainability, increasing demand and profits for sustainable producers. Yet, while the growing number of seafood certification programs and consumer seafood guides fuel and inform demand, the pace of change is slow. One key barrier to progress is the significant lag between the implementation of reforms and the recovery of fish stocks. Without preemptive credits within certification protocols for conservation actions that can be expected to benefit the stock over time, the incentives for reforms may be limited. Figure 1 Market share of several certified products throughout various regions of the world. Many potential conservation reforms could qualify for preemptive credit, but the most conspicuous absence is the lack of credit for marine protected areas (MPAs). Marine protected areas are one of the most important tools for conserving the ocean's ecosystems. MPAs, similar to protected areas on land, are locations where regulations prohibit specific human activities. There has been considerable research about the effects of MPAs, particularly focused on a common class of MPAs in which all fishing is prohibited (no-take marine reserves). Studies from more than 120 no-take marine reserves around the world consistently reveal the conservation benefits of this type of protection, including higher total biomass, abundance, and average size of fish within reserves [1] (Figure 2). The data from these many existing MPAs, combined with improving spatial fisheries models, allow us to predict an MPA's future conservation benefits long before they are realized. Such empirically based model forecasts could be used to assign preemptive credit for MPAs within certification frameworks when the MPA is implemented. Doing so would reward existing MPAs for their contributions to sustainable fisheries and would provide more powerful short-term incentives to create well-designed new MPAs. Figure 2 Map showing the locations of 124 marine reserves that have been studied by scientists with the results published in scientific journals.

Four Models of Interest Mediation in Global Environmental Governance

AbstractNegotiating global environmental agreements involves aggregating and mediating divergent interests. In multiparty electoral systems, the process begins at the subnational level where interests aggregated by business associations, trade unions and civil society organizations are represented to political parties and governments in an effort to secure better (from their perspective) policy outcomes. How domestic political systems aggregate, represent and mediate diverse competing interests is a key question within comparative politics with some analysts favouring pluralism and others defending corporatist and policy network arrangements. This rich domestic literature has no global equivalent, due to the dominance until recently of intergovernmental forms of interest mediation at the global level. The rise of sector‐specific global governance organizations such as the Forest Stewardship Council suggests it is timely to investigate the different arrangements being used to mediate global interests and derive some hypotheses about how these shape global politics and policy. Using a grounded theory approach, this article compares and contrasts four different global interest mediation arrangements: intergovernmental (UNForum on Forests (UNFF)), single‐interest (Responsible Care (RC)), multistakeholder (Marine Stewardship Council (MSC)) and corporatist (Forest Stewardship Council (FSC)).

Participation and inclusiveness in private rule-setting organizations: does it matter for effectiveness?

Governance, from local to global levels, relies increasingly on private governance arrangements. Private actors, specifically corporations and civil society organizations, increasingly design, implement and monitor rules and standards that guide and prescribe behavior in a range of policy areas, including sustainability, banking and international security, to name a few. Even though the involvement of private actors in global politics is not a new phenomenon, the creation of cooperative arrangements in the form of organizations that lead to private regulation – thus complementing traditional ways of political influence – is relatively novel. This paper focuses on private rule-setting organizations that have emerged in the global governance of sustainability. It starts from the observation that, despite seemingly performing similar roles and functions, organizations differ both in terms of outputs they produce as well as rules of participation and decision-making. Accordingly, the paper evaluates whether organizations providing a more inclusive and participatory approach in relation to others have different implications for the quality and relevance of rules (outputs). Hence, it aims to shed light on the way private rules and standards are decided and the associated implications, in view of their increasing role and relevance in sustainability governance. In more detail, we contend that there is no linear relation between democratic legitimacy and effectiveness. While inclusiveness and representativeness in the standard-setting process will probably lead to more stringent and comprehensive rules, those regulatory systems with high stringency will be the ones least taken up. Empirically, the paper illustrates its argument with a comparison of five private rule-setting organizations that have emerged in the global governance of fisheries sustainability: the Marine Stewardship Council, Friend of the Sea, the Aquaculture Stewardship Council, the Global Aquaculture Alliance and GlobalGAP.

The MSC experience: developing an operational certification standard and a market incentive to improve fishery sustainability

Abstract Agnew, D. J., Gutiérrez, N. L., Stern-Pirlot, A., and Hoggarth, D. D. 2014. The MSC experience: developing an operational certification standard and a market incentive to improve fishery sustainability. – ICES Journal of Marine Science, 71: 216–225. The Marine Stewardship Council (MSC) standard for sustainable fisheries is represented by three high-level principles and a set of 31 indicators and scoring guidelines, known as the “default assessment tree”. Over the 14 years, since it was developed in 1999, the MSC has faced the challenge of maintaining its standard at the level of global best practice, keeping up with developments in the science and management of fisheries, and making sure that certified fisheries maintain their performance at that standard, or raise it where they fall below it. The MSC has had to regularly and widely engage with multiple stakeholders to ensure that its policy development is consistent with stakeholder expectations. Although many fisheries have made significant improvements to their performance, sometimes performance has declined, leading to further requirements for improvement. The MSC needed to design a program that balances credibility, accessibility, and improvement to move the world's fisheries towards sustainability.

Assessment of eco-labelling schemes for Pacific tuna fisheries

Developments in fisheries governance in recent decades—notably the 1982 United Nations Convention on the Law of the Sea and its implementing agreements—have established a framework of principles, standards, institutions and regulations that is broader and more complex than traditional fisheries management, which has generally focused on individual target species. As this framework has evolved, a number of seafood eco-labelling schemes have also developed. These schemes aim to identify well-managed fisheries and give competitive advantage to their products, thus translating the environmental awareness of consumers into direct support for sustainable fishing practices. This paper evaluates a number of these schemes in the context of international fisheries governance principles and considers the conservation benefits that may result from sustainability certification of Pacific tuna fisheries. The paper briefly summarises developments in eco-labeling of Pacific tuna fisheries in relation to the evolution of fisheries management, where focus has shifted from the maximum sustainable yield of individual tuna species to ecosystem-based approaches that directly consider the broader environmental impacts of fishing. The paper discusses two different ‘Dolphin Safe’ eco-labels, the third-party scheme of the Earth Island Institute and the intergovernmental scheme of the Agreement on the International Dolphin Conservation Program, and two broader eco-labels offering sustainability certification of fisheries, ‘Friend of the Sea’ and the ‘Marine Stewardship Council’. The role played by seafood-industry associations with sustainability claims, such as the International Seafood Sustainability Foundation, is also considered.

Mislabeled: eco-labeling an invasive alien shellfish fishery

The invasive alien Manila clam fishery from Ria Arousa, Spain, was recommended for a Marine Stewardship Council certificate which implies the fishery maintains the integrity of the ecosystem. By certifying an environmentally harmful invasive alien clam fishery, the MSC harms the environment and risks its credibility, at the time when environmental responsibility and social responsibility are increasingly important to policymakers, industry, and consumers, particularly in Europe. We call on the MSC to reassess their evaluation of the Ruditapes philippinarum fishery in Ria Arousa, Spain.

Cooperation between scientists, NGOs and industry in support of sustainable fisheries: the South African hake Merluccius spp. trawl fishery experiencea

This paper examines the increasingly close interaction between natural and social scientists, non-governmental organizations (NGO) and industry, in pursuit of responsible ecosystem-based management of fisheries. South Africa has committed to implementing an ecosystem approach to fisheries management. Management advice stems from multi-stakeholder representation on government-led scientific and management working groups. In the hake Merluccius capensis and Merluccius paradoxus fishery, the primary management measure is an annual total allowable catch (TAC), the level of which is calculated using a management procedure (MP) that is revised approximately every 4 years. Revision of the MP is a consultative process involving most stakeholders, and is based on simulation modelling of projected probable scenarios of resource and fishery dynamics under various management options. NGOs, such as the Worldwide Fund for Nature in South Africa (WWF-SA), have played an important role in influencing consumers, the fishing industry and government to develop responsible fishing practices that minimize damage to marine ecosystems. Cooperation between industry, government and scientists has helped to improve sustainability and facilitated the meeting of market-based incentives for more responsible fisheries. Research includes ecosystem modelling, spatial analysis and ecosystem risk assessment with increasing research focus on social and economic aspects of the fishery. A four-year cooperative experiment to quantify the effect of trawling on benthic community structure is being planned. The food requirements of top predators still need to be included in the TAC-setting formulae and more social and economic research is needed. This paper also demonstrates how NGO initiatives such as Marine Stewardship Council certification and the Southern African Sustainable Seafood Initiative, a traffic light system of classifying seafood for consumers, have contributed to responsible fishing practices, increased ecosystem research and public awareness. This fishery appears to have a good future, provided that the monitoring, control and surveillance systems continue to function, TACs remain within ecologically sustainable limits and the effective collaboration between government, industry, scientists and NGOs continues to drive positive change.

Sustainability Meta Labelling: an effective measure to facilitate more sustainable consumption and production?

Abstract Arguably one of the most prominent measures to facilitate more Sustainable Consumption and Production has been the instrument of product labelling. But with a plethora of labelling schemes having been implemented by various actors over the last decade, many now accuse them of being confusing rather than facilitating. As a result, governments in France, UK and Germany, as well as businesses such as Walmart and non-governmental organisations, like WWF, have begun to consider seriously the implementation of some form of ‘meta’ scheme that condenses existing product labels and other communication measures into an overarching Sustainability message. Yet so far, in depth studies on the potential institutionalisation of a Sustainability Meta Labelling Scheme are missing. Drawing upon a novel theoretically integrative framework that combines theoretical arguments of constructivist institutionalism and institutional entrepreneurship with the concept of legitimacy, this paper addresses this gap by exploring how the notion of Sustainability Meta Labelling has so far been discussed and investigating the prospects for such an overarching scheme to become institutionalised. Empirically, the paper bases on documentary analysis and elite interviews focussed on case studies of four existing product labelling schemes (EU ecolabel, EU energy label, Marine Stewardship Council and Fairtrade label) as well as the notion of Sustainability Meta Labelling. Legitimacy constructions are demonstrated rather than shown to be highly dynamic and oftentimes inherently conflicting. Many of these conflicts thereby appear to be likely to increase rather than decrease with the implementation of an overarching Sustainability Meta Labelling scheme. In a sense, this study shows that the very issue that is claimed to drive the establishment of a Sustainability Meta Labelling Scheme-the different interpretations of the Sustainable Development concept through different product labels-might in fact pose one of the main challenges for its institutionalisation and effectiveness in facilitating more Sustainable Consumption and Production.

JESS international fisheries: conclusion

The six papers presented here all point out the grave difficulties associated with the management of international fisheries. Each also provides some perspective on the potential for change in the system. Webster recommends that proponents of ecosystem-based management need to propose specific measures that may appeal to powerful fishing countries rather than broad goals that are difficult to implement. Kalfagianni and Pattberg propose that the Marine Stewardship Council could substantially improve its impact on global fisheries management by paying attention to structural effects, particularly trade barriers that may exacerbate the North–South divide. Sakaguchi similarly sees NGO involvement in fisheries regulation as a double-edged sword and warns about the potential for alienation of societies that resist the forceful imposition of new norms. In contrast, both Schiffman and Tiller show how domestic interests can shape new and future regional fisheries management organisations (RFMOs) into more effective regimes. Finally, Barkin and DeSombre propose that a new, global RFMO could reduce fishing capacity around the world, thereby bursting the balloon problem.

Global fisheries governance beyond the State: unraveling the effectiveness of the Marine Stewardship Council

Marine ecosystems are increasingly under pressure. Despite commitments by governments and intergovernmental organizations, such as the 1995 United Nations Fish Stocks Agreement and the 1995 Food and Agriculture Organisation Code of Conduct for Responsible Fisheries Practices, the depletion of marine resources has intensified over the past 40 years. In this context, a number of non-state market-based governance schemes have emerged that attempt to mitigate the ongoing marine crisis through certifying sustainable fisheries. In this article, we investigate the effects of one of the most prominent private organizations in global fisheries governance, the Marine Stewardship Council (MSC). Specifically, we evaluate the role of the MSC in addressing the worldwide decline in fish stocks and examine broader political and socio-economic effects that are often associated with the emergence and implementation of private rules and standards. With this analysis, we aim to unravel the conditions under which the MSC can contribute to more sustainable and equitable fisheries management at regional and global levels.

National Government Responses to Marine Stewardship Council (MSC) Fisheries Certification: Insights from Atlantic Canada

Over the last decade, the proliferation of social and environmental certification programmes has attracted the attention of a growing number of political scientists interested in new forms of ‘private’ transnational governance. However, we still lack analyses on the nature and extent of different state responses to and involvement in new private transnational governance arrangements in particular sectors and in different jurisdictions. This article advances our understanding of the interactions between nation-state and private transnational modes of governance by analysing the role of national government authorities in Marine Stewardship Council (MSC) fisheries certification in Atlantic Canada, known more for the disastrous collapse of Northern cod stocks than good marine stewardship. Focusing on the 2008 certification of Northern shrimp (Pandalus borealis) fisheries off the Province of Newfoundland and Labrador, the analysis finds that the implementation and maintenance of MSC certification in this case depended on significant support from government authorities. The delicate legitimacy of both authorities faces a period of uncertainty in this case since some certified shrimp stocks appear to be in decline and perhaps also migrating northward off Newfoundland and Labrador.