DD DUDE -- -- Our ref: Fol/00724 22 May 2017 Dear-- REQUEST UNDER THE ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 (Ele) Thank you for your request dated 31 March 2017 under the Environmental Information (Scotland) Regulations 2004 (Ele). Your request You asked for "all information held by Marine Scotland (as a whole) relating to reported, suspected and actual incursions by fishing vessels into Scottish Marine Protected Areas and Special Areas of Conservation between 16/08/2015 and present day, excluding those information relating to judicial or legislative activities undertaken by exempt bodies". We subsequently discussed and clarified the terms of the request where you also requested: I the number of incidents reported to Marine Scotland of suspected or actual infringements (both to HQ team and Enforcement Officers); I the number of reported incidents which were subsequently investigated by Marine Scotland; I the outcomes of those investigations if no action was taken, what reasons were given); I the number of cases which were reported to the Procurator Fiscal; the number and levels of fines issued. This information is provided on page 3 of this document. The request covers 16 August 2015 to present day. Response to your request I enclose a copy of some of the information you requested. Victoria Quay, Edinburgh EH6 GQQ While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under:  regulation 10(5)(b) where the disclosure would, or would be likely to, prejudice substantially the course of justice, the ability of a person to receive a fair trial or the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature; and  regulation 11 where environmental information requested includes personal data of which the applicant is not the data subject (and where the information falls within paragraphs (a) to (d) of the definition of data in section 1(1) of the Data Protection Act 1998 that making the information available otherwise than under these regulations would contravene section 10 of that Act) a Scottish public authority shall not make the personal data available. The process However, in light of this, it might assist if I explain the process by which all this comes about. I believe you are familiar with the fact we use a vessel monitoring system on vessels 12m or over. Using the software that supports this, the MPAs can be mapped on the VMS system and “alarmed”, so an alarm is triggered when certain conditions are met. Typically these will be crossing the alarmed boundary at a speed of 5 knots or less which might indicate fishing speed. British Sea Fishery Officers, who staff the UK Fisheries Monitoring Centre (UKFMC) monitor the alarms and make a decision as to whether this might be a deliberate incursion in order to fish or whether there might be another reason for the alarm being triggered. If they believe this is a deliberate incursion then a Marine Scotland Intelligence Report will be generated detailing what they know or believe. There may be other MSIRs provided from a range of sources that support this information. The MSIRs in question feed into the Risk Assessment and Tasking Meeting. At the Risk Assessment and Tasking Meeting every fortnight there is discussion around all current risks and whether the risk has increased. From this, a decision will be made on operational priorities and the assets available for deployment – ships, planes and coastal officers. With MPAs this might include whether there has been repeated incursions and might indicate a pattern which needs to be addressed. An extract from the Risk Assessment and Tasking Database has been provided. Where there is sufficient evidence to suggest a breach of legislation has occurred a case file would be opened consisting of officers statements in relation to the master and his vessel and what he is alleged to have done. All of the information contained in the case file is pertinent to building a case in respect of a suspected incursion so it will all be about the master of the vessel and the fact that he is suspected of having broken the law. We would consider this sensitive personal information as it relates to a living individual and the possible commission by him of a criminal offence. Its release could both prejudice the ability of a person to a fair trial; but also might reveal methods of operation that, once known, would lead to individuals trying to avoid being detected and therefore affecting our ability to conduct a criminal enquiry. However, we keep a spreadsheet record of all cases that are reported to HQ and I have included a copy of the relevant extract (appropriately redacted). Your right to request a review Victoria Quay, Edinburgh EH6 6QQ www.gov.scot/marinescotland  If you are unhappy with this response to your EIRs request, you may ask us to carry out an internal review of the response, by writing Graham Black, Director of Marine Scotland, Area 18 South, Victoria Quay, Edinburgh EH6 6QQ. Your review request should explain why you are dissatisfied with this response, and should be made within 40 working days from the date when you received this letter. We will complete the review and tell you the result, within 20 working days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Scottish Information Commissioner. available on the Commissioner's website at: More detailed information on your appeal rights is ssloner.aspx. Yours sincerely REQUESTED RESPONSE Number of incidents reported to Marine Scotland of suspected or actual infringements There have been 78 reported Intelligence Reports. It should be noted that a single incursion into an MPA may attract a number of such reports from various sources. Number of reported incidents which were subsequently investigated by Marine Scotland One case was investigated based on corroborated evidence and sustained intelligence provided. The number of cases which were reported to the Procurator Fiscal 0 -- a Fixed Penalty Notice of ?2,000 was offered as an alternative to court action and was paid. Number and levels of fines issued 0 -- as above. Victoria Quay, Edinburgh EH6