Fish landing data by non-UK vessels: EIR release

Information requested

All recorded fish landings by non U.K. vessels into Ullapool, Lochinver, Scrabster and Lerwick by accurate tonnages and species from 01/07/2022 until 31/12/2022 inclusive.

We sought clarification from you on 07/02/2023 as to whether you sought an overall combined tonnage figure for the ports mentioned or whether you require more detail.

In your reply dated 07/02/2023 you asked for 'the tonnages for each non-U.K. individual named vessel fish landings from 01/07/2022 until 31/12/2022 in Lerwick, Scrabster, Lochinver and Ullapool.'

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.

Response

I enclose a copy of some of the information you requested in the format you asked for in the attachment EIR202300341112 Data.pdf.

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex at the foot of this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exception under regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by the vessels and thus cause substantial harm to their commercial interests. Disclosing this information would be likely to give competitors an advantage in future.

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. We recognise that there is some public interest in release because of the quantities of fish landed by non-UK individual named vessels. However, this is outweighed by the public interest in ensuring no unfair advantages are given to any potential competitors within the fishing  trade.

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.

EIR202300341112 Data

File type

2 page PDF

File size

93.8 kB