Decommissioning of vessels by Marine Scotland: EIR release

Information requested

Twenty odd years ago Marine Scotland called in the five main banks, funding our vessels, for a meeting and told them to call in the loans of any vessels struggling with payments. The banks subsequently did this, on your instructions, and a lot of serviceable vessels were decommissioning and cut up and destroyed as we all know. Some of these vessels were less than ten years old with many years of serviceable life left in them. This scheme was the total destruction of the “heart” of Scottish fishing and remote coastal communities Islands and families.

1. The question is why did Marine Scotland do this on whose authority?

2. What happened to these vessels licences where did they end up?

3. Who was the minister responsible for this destruction of family businesses, coastal communities, closed schools, lost homes, jobs and family breakups?

4. Why did Marine Scotland, on the back of the authorised destruction of a large part of our local fleet, who have ultimate authority of our waters out to 200 miles and beyond, authorise the acceptance of allowing the fleets of non U.K. owned vessels into our fishing zone to decimate our waters?

5. How can Marine Scotland claim to support fishing sustainability and allow hundreds of non U.K. owned vessels to fish our waters unmonitored, this totally contradicts the claim MS support sustainable fishing?

6. What are Marine Scotland’s true and honest objectives for fishing going forward?

7. Marine Scotland have a ‘duty of care’ to the industry can we trust Marine Scotland and it’s ministers, going forward, to carry out that ‘duty of care’ to the industry and the many thousands involved in fishing?

8. We’re stakeholders ever consulted on this shocking affair?

Response

Before answering the questions, we would like to clarify that: “Marine Scotland” is now known as the “Marine Directorate.” This is in order to align with the naming convention of other Scottish Government Directorates.

1. The question is why did Marine Scotland do this on whose authority?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested above. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained in the Annex to this letter.

Additional information provided out with the EIRs.

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide information on the history of Marine Directorate and the Scottish Government as your question relates to actions from “twenty odd years ago” whereas the current Marine Directorate, then called Marine Scotland was established only in 2009.

In 1991 Scottish Fisheries Protection Agency (SFPA) was created as part of the Initiative to devolve specific activities from central Government - headed by a Chief Executives accountable to Ministers. Following devolution in Scotland in 1999, control of the SFPA transferred to the Scottish Executive Environment and Rural Affairs Department (SEERAD). In 2007 The Scottish Executive was renamed The Scottish Government. At this point The Scottish Executive Environment and Rural Affairs Department (SEERAD) becomes the Directorate of Enterprise, Environment and Digital.

Marine Scotland was created in 2009 when the collective skills and responsibilities of the SFPA, Fisheries Research Services (FRS) and the Scottish Government’s Marine Group were pulled together. Marine Scotland was renamed to Marine Directorate - The Marine Directorate of the Scottish Government – in summer 2023, in order to clarify the fact that the organisation is a core part of the Scottish Government, not a separate agency. The new format of the name now being consistent with the names used by others across the Scottish Government, for example Agriculture and Rural Economy Directorate and Environment and Forestry Directorate.

2. What happened to these vessels licences where did they end up?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested above. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained in the Annex to this letter.

3. Who was the minister responsible for this destruction of family businesses, coastal communities, closed schools, lost homes, jobs and family breakups?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested above. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained in the Annex to this letter.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide information on the history of Marine Directorate and the Scottish Government as your question relates to actions from “twenty odd years ago” whereas the current Marine Directorate, then called Marine Scotland was established in 2009. For further information, please refer to our reply to your question 1.

4. Why did Marine Scotland, on the back of the authorised destruction of a large part of our local fleet, who have ultimate authority of our waters out to 200 miles and beyond, authorise the acceptance of allowing the fleets of non U.K. owned vessels into our fishing zone to decimate our waters?

The UK was a Member State of the European Union, this allowed mutual access to each other’s waters where quota was available. Quotas were agreed at annual negotiations with European and third countries. Quota swaps between states were also permitted throughout the year. This process continues today with the addition of the Trade and Cooperation Agreement which was enacted on the exit of the UK from the European Union.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide some additional information that may be of interest. Fishing licences for UK waters issued to non-UK registered vessels such as those from the European Union and Norway, the conditions under which these licences must be used and a list of such vessels currently licensed to fish in UK waters can be found here: https://www.gov.uk/guidance/united-kingdom-single-issuing-authority-uksia#foreign-vessels

5. How can Marine Scotland claim to support fishing sustainability and allow hundreds of non U.K. owned vessels to fish our waters unmonitored, this totally contradicts the claim MS support sustainable fishing?

As stated on numerous occasions, non-UK vessels fishing UK waters are required to comply with Port State Control, catch export certifications, VMS, electronic logbooks and landing declarations, and other control regulations. Vessels are monitored on a risk-based system.

We continue to work with our EU, Norway and other third countries to ensure we have an effective monitoring and control system and are reviewing internal procedures to ensure they are relevant given changes in technology and fishing patterns.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide some additional information that may be of interest. Fishing licences for UK waters issued to non-UK registered vessels such as those from the European
Union and Norway, the conditions under which these licences must be used and a list of such vessels currently licensed to fish in UK waters can be found here: https://www.gov.uk/guidance/united-kingdom-single-issuing-authority-uksia#foreign-vessels

6. What are Marine Scotland’s true and honest objectives for fishing going forward?

The purpose and mission of Marine Directorate is to manage Scotland's seas for prosperity and environmental sustainability. Our vision is to have clean, healthy, safe productive, biologically diverse marine and coastal environments, managed to meet the long term needs of nature and people. To achieve this Marine Directorate works closely with its key delivery partners and others. We will need to work across our stakeholder and research networks to collectively find solutions to our biodiversity challenges, to meet our obligations now and in the future.

Blue Economy Vision - The sustainable use of ocean resources for economic growth, improved livelihoods and jobs, and ocean ecosystem health - is the strategic wrap around for our Directorate, outlining our approach to sustainably managing sea resources, balancing nature with economic aims. Our seas and the biodiversity within are the foundation for a vibrant and vast Blue Economy. Given the criticality of addressing the Climate and Nature Crises, the Directorate progresses our vital contribution to delivering the Blue Economy outcomes efficiently and effectively, focusing on where Government makes the most impact and engaging with stakeholders in a strategic, purpose-driven, and collaborative way.

We have a ten-year programme of work (2020 – 2030) to support and improve responsible and sustainable fisheries management and deliver environmental, economic, and social outcomes. The Strategy contains a mix of new policies, such as the introduction of Remote Electronic Monitoring (REM) and the Future Catching Policy, which sit alongside our delivery of statutory requirements and functions such as quota management and licensing of fishing vessels. Key to delivery of our overall programme is strategic stakeholder engagement, which centres around our Fisheries Management and Conservation group.

7. Marine Scotland have a ‘duty of care’ to the industry can we trust Marine Scotland and it’s ministers, going forward, to carry out that ‘duty of care’ to the industry and the many thousands involved in fishing?

Please see our reply to your question 6.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide some additional information that may be of interest.

The Scottish Government is committed to supporting coastal communities as demonstrated by the Future Catching Policy, details of which can be found here: Future Catching Policy: Scottish Government response to consultation analysis report - gov.scot

You may also be interested to read the Scottish Government publication titled “Building a New Scotland: Our marine sector in an independent Scotland” which can be found here: https://www.gov.scot/publications/building-new-scotland-marine-sector-independent-scotland/pages/7/.

8. We’re stakeholders ever consulted on this shocking affair?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested above. Therefore, we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is explained in the Annex to this letter.

Additional information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide some additional information that may be of interest.

The Fisheries Management and Conservation Group (FMAC) is the main vehicle to consult stakeholders.

Fisheries Management and Conservation Group (FMAC) - gov.scot (www.gov.scot) Additionally, there is a requirement for the Scottish Government to undertake a consultation where it wants to implement any new significant policy. Scottish Government consultations - Citizen Space.

ANNEX REASONS FOR NOT PROVIDING INFORMATION.

The Scottish Government does not have the information Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested in response to questions 1, 2, 3 and 8. With regards to these questions, this is because we do not hold any information on file to corroborate the allegations you make in each question.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information you asked about in response to questions 1 to 3 and 8, clearly we cannot provide information which we do not hold.

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.