Offshore MPA fisheries management measures: EIR release

Information requested

The area km2 (and/or % sea area) where bottom towed gear is now banned from 0-6nm, 6-12 and 12-200nm/ EEZ around Scotland. For offshore I think it will just be the deep sea MPA’s so far?

This request for information was followed by a clarification where you stated, “I am interested in all areas where bottom towed gear in banned in Scottish seas for conservation reasons as below;

• Km2 of Scotland’s seas protected from ALL bottom towed gear within MPAs
• Km2 of Scotland seas protected form ALL bottom towed gear within MPAs minus those protected through deepsea regulation
• Km2 of inshore protected from ALL bottom towed gear outside MPAs

(We don’t need KM2 protected from bottom towed gear under deepsea regulations as we have this)."

Response

I attach a copy of some of the information you have requested in the attachment documents titled Attachment 1 and Attachment 2. I have also provided the following links to online resources;

• Published statistics are available online, through the archived Scottish Government website of the inshore marine protected area (MPA) management measures implemented in 2016. Please follow the following links;

https://www.webarchive.org.uk/wayback/archive/20190323122503mp_/https://www2.gov.scot/Resource/0051/00516220.pdf
Inshore MPAs/SACs (webarchive.org.uk)

• Spatial data held by Marine Scotland for closed/restricted areas is available to download from SpatialData.gov.scot.
• This information can be visualised on Marine Scotland Maps (NMPi), most easily via the links on Marine Scotland Information, available here Fishing - managed areas | Marine Scotland Information.
• All areas were fishing is managed within Scottish waters are available for view and download from https://spatialdata.gov.scot/geonetwork/srv/eng/catalog.search#/metadata/Marine_Scotland_FishDAC_1306
• All management within Marine Protected Areas (MPAs) are also available for view and download from https://spatialdata.gov.scot/geonetwork/srv/eng/catalog.search#/metadata/Marine_Scotland_FishDAC_1630

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested, in the format you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter. Where we have not been able to supply you with written information in the format you have requested, we have instead provided you with and information and links which are publically available online and where this specific information can be obtained.

Under regulation 6(1)(b) of the EIRs, we do not have provide information which is already publically 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.

In this instance we are unable to provide some of the information you have requested because exceptions under regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why this exception apply are explained in the Annex to this letter.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data 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 A

REASONS FOR NOT PROVIDING INFORMATION

An exception applied- 10(4)(a)- Information not held.
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 is does not have. The Scottish Government does not have the information you have requested because Marine Scotland does not hold this under the format you have requested. In the meantime we have provided relevant links to where relevant information is available online.

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 about the total areas where bottom towed gear is now banned from seas around Scotland, clearly we cannot provide information which we do not hold.

An exception applies- 10(4)(e)- Internal communications
While our aim is to provide information whenever possible, in this instance an exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested. This exception applies because the information is internal communications between Scottish Government Ministers and officials, ministerial briefings and internal planning process. In the meantime we have provided policy update to questions to help answer your questions and provide links to where relevant information is available online.

This exception is subject to the ‘public interest test.’ Therefore, taking account of all 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 a public interest in disclosing all of the information as part of open, transparent and accountable government, and inform public debate. However, in relation to the free and frank policy advice there is a greater public interest in ensuring high quality policy and decision-making, and in avoiding officials being put off providing similar frank advice on this and other topics in the future. Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether these discussions on future management of MPAs will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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.

FOI 202200311410 - Information released

File type

9 page PDF

File size

1.5 MB