West of Scotland Landing Obligation and prosecution statistics: EIR release

Information requested

"Wherever possible the weight/quantities of fish landed in each period (week, month or year as appropriate) of each species landed under the auspices of the landings obligation that derived from the west coast inshore area or if this data is not available, then the landings (via the landings obligation) from the whole Scottish west coast would suffice. Can you also please supply any data that is available on the amount of enforcement actions and prosecutions (relating to compliance with the landings obligation) taken in this same area during this same period If you could indicate if Marine Scotland have undertaken any investigations as to the overall degree of compliance or otherwise produced any reports or studies or made recommendations into the degree of compliance and or enforcement; copies of or links to those would also be greatly appreciated."

Response

There is not a separate category of landings for fish ‘landed under the landing obligation’, the landing obligation is a requirement to land all species of quota fish unless subject to one of the numerous and varied exemptions currently in place across the EU. As a general rule, all fish that are caught should be appropriately recorded and counted against quota (if subject to quota management rules). Details of all such landings into Scotland are provided in the attached annex which details landing tonnages (liveweight) of quota species from VIa by UK vessels 2015-2021. Please note that 2021 figures are provisional. I also attach a link to the published Scottish Sea Fisheries Statistics from which this information can be sourced; Sea fisheries statistics - gov.scot (www.gov.scot).

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. Therefore we are refusing part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

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 because there is not a separate category of landings for fish ‘landed under the landing obligation’, the landing obligation is a requirement to land all species of quota fish unless subject to one of the numerous and varied exemptions currently in place.

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 landings (via the landings obligation) clearly we cannot provide information which we do not hold.

As a general rule, all fish that are caught should be appropriately recorded and counted against quota (if subject to quota management rules). Details of all such landings into Scotland are provided in the attached annex which details landing tonnages (liveweight) of quota species from ICES Area VIa by UK vessels 2015-2021. Please note that 2021 figures are provisional.

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. Therefore, I also attach a link to the published Scottish Sea Fisheries Statistics from which this information can be sourced; Sea fisheries statistics - gov.scot (www.gov.scot)

It is important to understand that our tasking of Compliance assets is risk based and that at any one time there will be numerous risks being considered. This means that our Compliance officers will board a vessel with a broad range of risks in mind, rather than simply go on board to check compliance with a single risk such as the landing obligation. The landing obligation will of course be one of the risks officers will consider, but along with that will be other risks such as technical conservation (usually net) offences, logbook offences, boarding ladder offences and others.

You will recognise of course that to prove a breach of the landing obligation, officers need to witness the discarding of fish taking place. While this generally does not happen within sight of our officers, there have been 17 recorded instances of this having taken place since implementation of the legislation.

2018 - 1
2019 - 1
2020 - 1
2021 – 8
2022 – 6

From these 17 cases, we have a record of 10 having been referred to the Enforcement Standards and Operational Assurance (ESOA) team for further consideration. Of this there has been a total 3 warning letters issued; and 6 fixed penalty notices issued of values 4 x £2000 and 2 x £10,000.

Marine Scotland have not, to the best of my knowledge, undertaken any investigations as to the overall degree of compliance or otherwise produced any reports or studies or made recommendations into the degree of compliance and or enforcement. We gather intelligence on a daily basis from all fisheries in Scottish Waters with regard to the landing obligation and assets and people are tasked accordingly to verify that the Landing Obligation is being adhered to, this includes boardings of vessels at sea, haul analysis and comparisons of landings from vessels operating in the same area/ time/ gear with verification taking place at the time of landing.

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FOI 202200317816 - Information Released - Annex

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