SEAFOODNEWS.COM [Letters] — Sept. 11, 2014 — "Why the do over?": You are exactly right, the "fishery has not changed" and the "area of certification is the same". In fact, there is no need for the "do over". However, MSC does allow other groups to gain certification for an identical fishery as you later point out. Its a choice.
The following is a letter to the editor that was submitted to Seafood.com in response to an editorial published yesterday:
To the Editor:
John, Hope all is well.
Just read your MSC article of Sept. 10th (MSC certification system imposes $100,000 tax on Maine Lobster Industry).
I'm disappointed and surprised that you never contacted me to confirm some of the points you make. Honestly, you are way off base on some key points. I'm not sure where to begin.
But, if you don't mind, I'll try to address some of your key points here:
"Why the do over?": You are exactly right, the "fishery has not changed" and the "area of certification is the same". In fact, there is no need for the "do over". However, MSC does allow other groups to gain certification for an identical fishery as you later point out. Its a choice.
The question then would seem to be why would someone or a group choose to gain their own certification for an already certified fishery. I'm not sure I have all of the answers to that, but the ones that seem to have been given to you are not accurate.
Let me try to share with you another perspective:
1. "An industry group": Our original certification effort was started more than seven years ago. Our current Client Group Members are Maine natives who were born, raised and educated in Maine. All of us started our own Maine Lobster companies because we love Maine, we love Maine Lobster, and we thought we could bring some new energy to an old industry that wasn't maximizing its real value. For instance, Client Group member Luke Holden started an international Maine Lobster Roll craze when he founded his growing chain of Luke's Lobster restaurants. Others in our Client Group have also brought new technology and innovation to the industry and have won numerous awards. Shucks Maine Lobster is the only Maine company to win the Prix d'Elite Award at the Brussels International Seafood Exposition. In fact, they have won two of them.
This is why we started the MSC Certification process seven years ago. We thought the world should know what we in Maine already knew…that Maine Lobster is not only the most delicious food in the world, but that Maine harvesters have worked hard for generations to protect our resource and make it sustainable. We thought MSC Certification was the best way to deliver that message to the world. Its an important message if the Maine Lobster industry is to maximize its value.
In contrast, the new group, which under MSC regulations has every right to apply for their own assessment, is led by a New Hampshire business owner and a Massachusetts lawyer. The other members are very large and successful out of state seafood companies who all had a chance to join our original group, and can still do so today, but have decided to take another route. That is their choice. What their reasons for doing so are, I'm not entirely sure. But, some of the reasons you have given are not accurate and I will address those below.
The one Maine company in the new group did not support our efforts seven years ago and, in fact, did not support the concept of MSC Certification. I think its good for the industry that he has apparently changed his views.
As for the organizers, the New Hampshire business owner was given full access to our information and fee structure. In fact, he took that information and contacted several other companies in what we thought was a good faith attempt to recruit new client group members for us. We were surprised a few months later to be contacted by a Massachusetts lawyer well versed in MSC regulations.
The Massachusetts lawyer inquired about a group of companies who wanted to "join" our Client Group. He claimed to represent several companies who collectively purchased more than 70% of the Maine Lobster landed each year. As discussions continued, and his written proposal developed, it became very clear that he was far more interested in taking control of our Client Group rather than merely "joining" it.
While our Client Group is open to all Maine Licensed dealers and processors from in Maine or outside of Maine, our Board did not think that a Maine effort that received an important certification that adds value to the Maine Lobster fishery at no cost to the Maine fishermen should be taken over by a Massachusetts lawyer who was less than forthcoming.
I think that was a good decision at the time for Maine fishermen and several of them supported that view.
2. "Who benefits from this travesty?": I'm not sure I quite understand the term travesty here. This is a choice by the new group. They have every right to seek their own certification. The fees they pay go to the third party certifying body; not to MSC. No matter what client group they join or create, every member has to pay for its own chain of custody certification. Every member has to pay the royalty to MSC if they choose to place the label on their product. The only additional cost here is the voluntary cost paid by the new group for their own assessment.
To avoid that cost, they could have simply joined the current Client Group.
3. "The initial push": You are correct. We raised the money privately for the assessment. We promised that it would cost the fishermen and the taxpayers nothing. We kept our word. Still, today, it does not cost the fishermen or dealers anything to sell Maine Lobster to a Client Group member which is where the MSC Chain of Custody begins. It only costs those who choose to join the Client Group.
The Client Group is open to all who want to voluntarily join on an open and "fair and equitable" basis. The fee to join depends upon the size of the company but, in general, is less than $.01/lb.
The structure, which has always been open and has been widely disbursed, follows MSC guidelines. The fees pay for research to complete certification "Conditions" which are designed to improve the fishery.
However, you are totally inaccurate when you state that "…and naturally, they take steps to keep other companies in the same fishery, buying from the same harvesters, and with exactly the same commitment to sustainability, from sharing the certificate."
Nothing could be further from the truth. I have no idea where you got this information or how you drew this conclusion. I'm surprised and disappointed that you didn't check the accuracy with us before printing it. I would request that you clarify your statement. There is no evidence to support your point of view. Our Client Group is, and has always been, open to all.
To say that "each client group has the right to determine how other members can join" is also inaccurate. Access to the certificate has to be open, "fair and equitable". Any client group plan in Maine has to pass muster with MSC and DMR in this respect.
In order to maintain the integrity of the certification, you need a client group to ensure traceability.
In order to pay ongoing costs such as research for Conditions, annual audits, legal and accounting fees, recertification costs and others, you need a client group to ensure financial stability.
Our Client Group chose to do this by membership fees rather than having the fishermen or the taxpayers foot the bill. The fee structure has always been open and fair and equitable. Both MSC and DMR agree. We have encouraged other dealers and processors to join us. Some, for whatever their reasons, have chosen not to. That is their choice.
But, for you to state that "it proved impossible for new companies to join the original client group" is totally false. They all have been asked. In fact, they were all approached on our behalf, or so we thought, by the organizer of the new group. They are all still welcomed to join. Having two client groups for the same fishery seems foolish to me, but they have their own reasons.
4. Further, you are inaccurate when you state the following: "…the original members refused to provide this transparency (the costs)". These are not "closely guarded secrets". I have to wonder where you get your information. It wasn't from us.
Like all organizations, the Client Group, as required by MSC, put together a proposed budget. Its projected because no one knows the costs of researching for "Conditions" in advance. The new group will face the same "Conditions" and will have to project costs as well. Its their choice to pay a second time to complete the same work. No on is forcing them to do anything.
The very person who shared this proposed budget with other dealers and processors on our behalf is the same person who is now heading up the new effort. So, there is no truth to your statement.
5. "But, the new client group….has to pay SAI Global to re-examine the entire lobster fishery against the MSC standard when this had already been done by Moody."
They don't have to do anything. They are CHOOSING to pay SAI to get their own certification that they can control. Because we would not let a Massachusetts lawyer take over control of our Client Group, does not mean we are not open to new members on a fair and equitable basis. We are, and the new group members know this to be true.
This is an issue of control. For better or worse, our Client Group decided last spring that a successful Maine certification effort for a successful and iconic Maine Lobster fishery, should not be controlled by a Massachusetts lawyer and a New Hampshire business owner.
We continue to welcome all new client group members on a fair and equitable basis.
Under the current Client Group, ALL Maine fishermen and Maine dealers can, at no cost to them, sell their Maine Lobster to our Client Group members as long as that lobster can be traced back to a Maine fisherman. The same rules will apply to the new client group when it becomes certified.
When the new client group becomes certified, they will have a projected budget to pay for necessary expenses. These will be projections. The same MSC regulations for projected budgets apply to both client groups.
When the new client group becomes certified, they will welcome new members on a fair and equitable basis under the same MSC regulations that the current Client Group follows.
There will be no difference between the two client groups. They will each have the same certification under the same MSC regulations. They will be duplicate efforts.
The question is why have two client groups. It does not serve the Maine lobstermen or the Maine Lobster brand well.
The answer is simply a matter of control. Some people in the industry, in particular a New Hampshire businessman and a Massachusetts lawyer, do not feel comfortable with a Maine based client group. They have chosen to start their own group. They are doing so by choice. They are spending their money by choice. They have a right under MSC regulations to do so. We wish them luck. Its not an easy process. After a seven year effort, we can attest to it.
Please let me know if you have any further questions. I hope this helps clarify some of the points you made in your article.
Thanks
John Hathaway
Johnny Shucks
Shucks Maine Lobster
This story originally appeared on Seafood.com, a subscription site. It is reprinted with permission.