Non-compliance data for salmon farm sites: EIR release

Information requested

Information relating to non-compliances from salmon farm sites, each year since 2020.

Your request referred to a ministerial briefing associated with the Rural Affairs and Islands Committee's follow up inquiry into salmon farming in Scotland, 13 November 2024. This was information which was released in response to a previous EIR request - EIR 202400440742.

You referred to page 35 of the briefing material and comments made relating to the number of cases of non-compliance associated with the disease surveillance activity of the Marine Directorate's Fish Health Inspectorate (FHI).

You have requested the total number of non-compliances from salmon farm sites each year since 2020, and how many are considered significant. We have interpreted your request to relate to FHI activity associated with disease surveillance, between the years of 2020 and 2024 inclusive.

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.

Response to your request

Below are the number of non-compliances recorded for each full year from 2020 to 2024, relevant to the FHI’s regulatory activity associated with disease surveillance. We have also provided some further detail relating to those non-compliances to facilitate your understanding of this information:

2020 – 35 (1 Authorisation; 17 Records; 17 Trade)

2021 – 26 (1 Authorisation; 22 Records; 3 Trade)

2022 – 29 (3 Authorisation; 24 Records; 2 Trade)

2023 – 33 (1 Authorisation; 32 Records)

2024 – 55 (1 Authorisation; 47 Records; 5 Trade; 2 Movement restrictions)

The above figures include instances detected through our active and passive surveillance activity i.e. our programme of scheduled inspections as well as third party notifications. The non-compliances specified relate to the following areas:

• Authorisation conditions – operation to meet site specific authorisation conditions
• Records – record keeping requirements
• Trade - health certification relating to the trade of live aquatic animals
• Movement restrictions – statutory movement restrictions

With respect to the risk posed to disease spread or detrimental impact relating to the health status of Scotland, as part of the wider Great Britain health zone, and as previously stated, the majority of these non-compliances are not considered significant.

We are unable to provide accurate detail on the number of non-compliances which would be considered ‘significant’ because that information is not recorded in a manner which allows that calculation to be made. As a result, the exception at regulation 10(4)(a) of the EIRs applies to this part of the request and further information relating to this is detailed below.

Please be aware that the FHI undertake additional surveillance and enforcement activity, considered separate to our disease surveillance work. Fish farm sites are inspected to determine whether satisfactory measures are in place to control sea lice and contain farmed fish species. The above data does not include non-compliances associated with these areas of work. Further information concerning the work undertaken in relating to sea lice and containment is available on the Scottish Government website: Surveillance programme - Fish Health Inspectorate - gov.scot

An exception applies

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 an aspect 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 record specific information relating to the significance of non-compliances associated with salmon farms and disease surveillance.

​​​​​​​We review each non-compliance on its own merits, at the time of detection taking into consideration other circumstantial information. At that point, we assess all the available information which helps to direct us with any follow up actions, including, where necessary enforcement activities. We aim to follow the principles of good regulation, ensuring that any action taken is proportional to the specific situation. Further information concerning this and the enforcement activity undertaken by the FHI is available within the FHI Service Charter - Fish Health Inspectorate Service Charter - gov.scot

​​​​​​​Reflecting upon the volume and type of non-compliances which we do detect, we are able to say that, in general terms, the majority of the non-compliances detected are not considered significant. In the main, these are associated with minor record keeping anomalies or similar, which are easily rectifiable and present no obvious direct detrimental impact to aquatic animal health. The majority of these non- compliances are rectified through advice to stakeholders and confirmation in return that measures or action have been taken.

​​​​​​​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 number of non-compliances which are considered significant, in relation to the disease surveillance activities undertaken by the FHI, clearly, we cannot provide information which we do not hold.​​​​​​​

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.