Publication - FOI/EIR release

Marine Protected Areas management measures: EIR release

Published: 28 Sep 2020

Information request and response under the Environmental Information (Scotland) Regulations 2004

Published:
28 Sep 2020
Marine Protected Areas management measures: EIR release
FOI reference: FOI/202000053092
Date received: 29 Jun 2020
Date responded: 1 Sep 2020
Information requested

“Please provide all information held by the Scottish Government concerning the economic or ecological relationship between inshore fisheries and MPA management measures, excluding all information not relevant to the Clyde Sea Sill MPA, the Loch Carron MPA, the Loch Creran MPA, the Loch Sunart MPA, the Loch Sunart to Sound of Jura MPA, the Loch Sween MPA, the Lochs Duich, Long and Alsh MPA, the Small Isles MPA, the South Arran MPA, the Upper Loch Fyne and Loch Goil MPA, and the Wester Ross MPA.”, later clarified to include only “data that follows the introduction of management measures in each MPA, not projections prior to the introduction of measures” and excluding emails without attachments."

Response

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.

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.
I enclose a copy of some of the information you requested.
Some of the information you have requested is available online:
1. Proposed inshore fisheries pilot host sites 2017: consultation analysis 
https://www.gov.scot/publications/consultation-proposed-sites-host-inshore-fisheries-pilots-2017-outcome-report/

2. Are MPAs effective in removing fishing pressure from benthic species and habitats?
https://www.sciencedirect.com/science/article/abs/pii/S0006320719312030

3. Scottish Marine Protected Areas socioeconomic monitoring - 06 March 2017
https://www.sciencedirect.com/science/article/abs/pii/S0006320719312030

4. Chapter 22 - A net positive effect? Assessing the impact on fishing opportunities within multiple-use MPAs. A case study from Scotland.
https://www.sciencedirect.com/science/article/pii/B9780081026984000228

5. Economic Impact of a Proposed Fisheries Regulating Order for the Clyde Sea 
https://www.sift-uk.org/wp-content/uploads/2019/01/Economic-Impact-of-a-Proposed-Fisheries-Regultating-Order.pdf

6. Marine Protected Area Network - 2018 Report to the Scottish Parliament
https://www.gov.scot/publications/marine-protected-area-network-2018-report-scottish-parliament/

7. Scottish Marine Protected Areas (MPA) Monitoring Strategy June 2017
https://www2.gov.scot/Resource/0052/00521312.pdf

8. EMFF SURVEYS: SUMMER NEWSLETTER 2019 (MARCH TO AUGUST)
https://www.gov.scot/binaries/content/documents/govscot/publications/factsheet/2019/10/emffnewsletter-autumn-2019/documents/emff-newsletter-autumn-2019/emff-newsletter-autumn-2019/govscot%3Adocument/EMFF%2Bnewsletter%2BAutumn%2B2019.pdf

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 of exceptions under regulations; reg 10(4)(d) (material in the course of completion, etc.), reg 10(4)(e) (internal communications), reg 10(5)(f) (third party interests) and reg 12(5)(b) (the course of justice) of the EIRs apply to that information. The reasons why those exceptions apply are explained in the Annex to this letter.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG