Fine of the Norwegian pelagic trawler, Talbor: EIR release

Information requested

With regard to the reported fine of the Norwegian pelagic trawler Talbor, may I request to know the reason for:

1. The initial detention
2. The reason for the fine
3. The amount the vessel was fined
4. Why this information was not freely released

Response

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.

1. The initial detention:
As part of a bilateral agreement between the UK and Norway, Norwegian vessels fishing UK waters for Mackerel are required to report to the UK Fisheries Monitoring Centre (UKFMC) when they are due to depart UK waters with fish on board. The vessel is then either given authority to leave or asked to attend a control gate for an inspection. It was during this process that an administrative error was detected with the vessels application process.

2. The reason for the fine:
A fine was issued as a suspected breach of the vessel’s fishing licence was found to have occurred. This was mitigated by the administrative nature of the breach, the owners had incorrectly completed the application form. A fine was deemed appropriate as, despite the mitigation, it is the master’s responsibility to ensure that they are compliant with the relevant regulations and other requirements. In this case the master had not done so.

3. The amount the vessel was fined:
The vessel’s master was fined £1,000.

4. Why this information was not freely released:
Marine Directorate do not routinely publish full details of Fixed Penalty Notices (FPN), they are civil agreements in lieu of a prosecution. FPNs do not confirm guilt, only a court can decide this. The Marine Directorate routinely publish biannually anonymised details of Fixed Penalty Notices here: Marine and fisheries compliance: list of fixed penalty notices - gov.scot.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.