Publication - FOI/EIR release

Marine Scotland: Fixed Penalty Notices issued due Gairloch incidents: EIR release

Published: 31 Jul 2019

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

Published:
31 Jul 2019
Marine Scotland: Fixed Penalty Notices issued due Gairloch incidents: EIR release
FOI reference: FOI/19/01768
Date received: 22 Jul 2019
Date responded: 30 Jul 2019
Information requested

In relation to each of the two Fixed Penalty Notices issued as a result of incidents in Gairloch, can you tell us:

  1.       the name of the recipients of the FPNs?
  2.       the name and PLN number of the vessels being skippered in relation to each of the FPNs?
  3.       the amount of each of the FPNs?
Response

Attached is a copy of some of the information that you have requested.  This can be found at the annex.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

ANNEX

1 - the name of the recipients of the FPNs?

In our view, the exception applies here.

2 - the name and PLN number of the vessels being skippered in relation to each of the FPNs

In our view, the exception applies here.

3 - the amount of each of the FPNs?”

Guidance on fixed penalties can be found here: https://www2.gov.scot/Resource/0048/00483779.pdf

Generally speaking for offences in relation to a breach of SSI 276/2004, the Inshore Fishing (Prohibition and Fishing Methods( (Scotland) Order 2004, the fine levied for a first offence is £2,000.  In these cases the fines were 2 x £2,000.

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Contact

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

The Scottish Government
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