DD DUDE

Our ref: Fol/18/01093
May 2018

REQUEST UNDER THE ENVIRONMENTAL INFORMATION (SCOTLAND)
REGULATIONS 2004 (Ele)

Thank you for your request dated 26 March 2018 under the Environmental Information
(Scotland) Regulations 2004 (Ele).

Your request

You asked for:

I "Number of incidents reported to Marine Scotland of suspected or actual
infringements of MPA fisheries management rules (hereafter 'incidents') since 22 May
2017 until present day.

I The number of reported incidents which were subsequently investigated by Marine
Scotland.

I The number of individual vessels these incidents relate to, including those reported to
Marine Scotland between 16 August 2015 to present day.

I The names of the MPAs in which these incidents have been reported, and the number
of incidents reported at each MPA.

I The number of incidents reported relating to fishing with a) trawling gear, b) dredging
gear, c) creeling gear, and d) any other form of fishing"

As the information you have requested is 'environmental information' for the purposes of the
Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with
your request under those Regulations. We are applying the exemption at section 39(2) of
the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal
with your request under FOISA.

Victoria Quay, Edinburgh EH6 GQQ
 

This exemption is subject to the 'public interest test'. Therefore, taking account of all the
circumstances of this case, we have considered if the public interest in disclosing the
information outweighs the public interest in applying the exemption. We have found that, on
balance, the public interest lies in favour of upholding the exemption, because there is no
public interest in dealing with the same request under two different regimes. This is
essentially a technical point and has no material effect on the outcome of your request.

Reply

I enclose a copy of all of the information you requested. It can be found at the annex.

Your right to reguest a review

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 to 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. More detailed information on your appeal rights is
available on the Commissioner's website at:

spublicknowledgeJnfo/YourRIg 

ssloner.aspx.

 

Victoria Quay, Edinburgh EH6 GQQ
 

ANNEX
Points to note in terms of reports:
 Reports are seldom “real time” but often after the event so the prospect of immediate
action is reduced;
 A report does not mean that illegal activity has taken place;
 A report does not mean there is even a vessel in the MPA, or in a certain section of
the MPA;
 A number of the reports don’t identify the vessel which impacts on what can be done;
 Some of the MPAs have ports in them (Loch Sunart to Sound of Jura has Oban and
Wester Ross has Ullapool) so there will be fishing vessels moving through the MPA
quite legitimately;
 There is not usually a clear “line of sight” through a single report all the way to
enforcement action.
1. Number of incidents reported to marine scotland of suspected or actual
infringements of MPA fisheries management rules (hereafter ‘incidents’) since 22 May
2017 until present day
23
2. Number of incidents subsequently investigated by Marine Scotland Compliance
All incidents are followed up. All reports from our own sources and members of the public
are immediately assessed to see if immediate action is possible. If resources (aircraft or
vessel) are available they are re-tasked to gather evidence and, if possible, detain any
suspect boats. Whether or not immediate action is possible, all reports and intelligence
received is fed into the Marine Scotland Compliance’s Intelligence Database (MSID). All of
this information is graded and assessed at a regular risk assessment and tasking session
where priorities and tasks for coastal officers, ships and aircraft are decided. Local officers
also follow-up intelligence reports from their area at a local level.
3. The number of individual vessels these incidents relate to, including those
reported to Marine Scotland between 16 August 2015 to present day
45 identified vessels alleged, plus 19 reports of unidentified vessels. Of these 45 vessels, 4
of them are responsible for 32 reports of alleged incursions. The biggest offender (15
reports) has been compliant since action was taken against him last year.

Victoria Quay, Edinburgh EH6 6QQ
www.gov.scot/marinescotland

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 4. The names of the MPAs in which these incidents have been reported, and the
number of incidents reported at each MPA
MPA
East Mingulay
Loch Creran MPA
Loch Sunart to Sound of Jura MPA (and Firth of Lorne SAC)
Loch Sween MPA
South Arran MPA
St Kilda MPA
Upper Loch Fyne and Loch Goil MPA
Wester Ross MPA

Number of reports
3
3
22
5
38
1
10
5

5. The number of incidents reported relating to fishing with a) trawling gear, b)
dredging gear, c) creeling gear, and d) any other form of fishing
Gear Type
Trawl
Dredge
Creel
Other
Unknown / unidentified

Victoria Quay, Edinburgh EH6 6QQ
www.gov.scot/marinescotland

Number of Reports
18
27
14
1
39

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