SEAFOOD.COM NEWS by John Sackton, with material from MSC - Feb 9, 2010 - Facing some very contentious certifications, the Marine Stewardship Council has appointed three additional Independent Adjudicators whose role is to hear and decide on objections to certifications. According to FAO guidelines, an impartial objections procedure is an integral and important part of a credible, third party certification system. In this case, the MSC adjudicators act like arbitrators, and are independent of the MSC. The role of an Independent Adjudicator is to ensure specific concerns on a fishery certification meet the expected Principles and Criteria of the MSC standard for a well managed and sustainable fishery. As such, significant and specialist legal background and qualifications are necessary to assess an objection and identify arbitrariness, or other serious irregularities in the assessment process that made a material difference to the outcome and fairness of the assessment. The current assessment that is under severed criticsm is the proposed certification of BC sockeye. Several groups that have fought salmon farming in BC for years are also objecting to the pending certification of wild sockeye in that province as well. However, the MSC has also pledged to make sure assessments are standardized across jurisdictions, and therefore should not hold the BC salmon certification to a different standard that wild Alaska salmon, which has been certified for many years. Will Martin, Chair of the MSC Board of Directors comments: 'I am very impressed with the calibre of the candidates and honoured to welcome the three new Independent Adjudicators on behalf of the Board of Directors. Their qualifications, experience and credibility will no doubt add to and help maintain the credibility of the MSC programme.' The first Independent Adjudicator, Michael Lodge was appointed in 2006, since then the number of MSC certified fisheries and those engaged in the MSC programme have tripled and similar growth is expected into future. In addition to serving to maintain the credibility of the MSC programme as it grows, the new appointments have further permitted a wider and more equal geographical distribution of Independent Adjudicators, which is expected to reduce response time and travel cost.

Melanie Carter is a UK based lawyer with over 25 years experience working in public and administrative law. She has extensive experience in dispute adjudication both in Tribunals (she is a judge of the First Tier Tribunal in the General Regulatory Chamber) and in non-court arenas. Melanie Carter is well known for her work with external auditors to public authorities in the handling of their objections processes. In her international work Melanie has advised governments and the United Nations. In 2008, she joined Bates, Wells & Braithwaite LLP, a firm of solicitors known for their charity and public law practice.

Eldon Greenberg is a partner in the Washington, D.C. office of the law firm of Garvey Schubert Barer. A graduate of Harvard College and Harvard Law School, Mr Greenberg was deputy general counsel of the Agency for International Development and general counsel of the National Oceanic and Atmospheric Administration during the Carter Administration. He specializes in environmental and natural resources issues, including fishery management, marine mammal and endangered species. He also teaches international negotiation as an adjunct professor at Georgetown University Law Center.

Wylie Spicer is a Canadian barrister and solicitor with 35 years of experience focusing on maritime law, public inquiries in maritime and human rights questions and complex litigation. He is recognized as one of Canada's most knowledgeable lawyers in maritime matters including issues related to the development of the offshore oil and gas business and the development of the waters of the Arctic Ocean. Mr Spicer is a member of the Canadian Bar Association's National Council, managing partner of McInnes Cooper and a professor in maritime Law at Dalhousie University. He also has an extensive list of publications on private international law including maritime law. Although the MSC has not announced which adjudicator will hear the objections to BC salmon, it would be consistent with their past practice if they chose Wylie Spicer, the Canadian adjudicator, to hear this case.