Cod research enquiries: EIR release

Information requested

A project proposal to assess cod behaviour in creels.

1. Who drafted the specification for the study and what facts or information does it seek to discover?

2. Has the research been put out to public tender, if not why not?

3. Who is undertaking the research and if it's being undertaken internally can you send me details of the scope and specification, who is responsible/involved and anticipated time lines for completion?

4. Is it marine directorate's plans to have this research published and peer reviewed and if so what are the journals and anticipated timescales for this?

5. In the event of taking evidence for further management of the Clyde cod will marine directorate be relying/founding on this research and will it be subject to peer review, public or industry scrutiny and oversight prior to being founded upon?

6. If the specifications that are requested above are not currently available or do not contain the following information can you please where possible supply that information and also that listed in No. 7 below as an information request under the auspices of freedom of information?

7. What is the scale and scope of the trial. Is it geographically specific, if so what area/s. What types of creels/target species is the research pertaining to. Most importantly and if you can't answer any of the other questions in short order this is the information I seek with the utmost urgency; what is the assumed mortality/survivability of bycaught and released cod from the various types of creel/target species being researched and what is the evidence base being relied on to inform the mortality levels of any study on bycaught and released cod from those creels?

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. Who drafted the specification for the study and what facts or information does it seek to discover?

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 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 some of the information you have requested because the project has not yet been approved and so any specifications have yet to be determined.

​​​​​​​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 specifications for the study, clearly we cannot provide information which we do not hold.

​​​​​​​The Marine Directorate Fish Technology Group (FTG) are in the process of planning a project investigating the behaviour of cod in relation to static fishing gear, focusing on commercial lobster creels.

2. Has the research been put out to public tender, if not why not?

​​​​​​​All research, if approved, will be conducted at the Marine Directorate Fish Behaviour Unit (FBU). There are no current plans to conduct any sea going creel behaviour experiments. A charter tender to collect live fish will be required using fish traps, creels and rod and line once the project licence has been approved.

​​​​​​​​​​​​​​3. Who is undertaking the research and if it's being undertaken internally can you send me details of the scope and specification, who is responsible/involved and anticipated time lines for completion?

​​​​​​​While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information 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 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 the project has not yet been approved and so all details have yet to be determined.

​​​​​​​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 who is undertaking the research and who is responsible/involved and anticipated time lines for completion, clearly we cannot provide information which we do not hold.

​​​​​​​Additional information provided outwith the EIRs

​​​​​​​Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that The Marine Directorate Fish Technology Group (FTG) are in the process of applying for a Home Office Project Licence to cover this work. We are anticipating that the project will start in 2025. The completion date will be determined once the application has been approved, and the experimental design finalised. Various staff from SEDD and MEC are responsible for this project.

​​​​​​​​​​​​​​4. Is it marine directorate's plans to have this research published and peer reviewed and if so what are the journals and anticipated timescales for this?

​​​​​​​Dependent on results, and if useful, then we would publish our findings in the Scottish Marine and Freshwater Science Reports (SMFS) which are available on the Scottish Government website, and relevant peer reviewed papers if appropriate.

​​​​​​​​​​​​​​5. In the event of taking evidence for further management of the Clyde cod will marine directorate be relying/founding on this research and will it be subject to peer review, public or industry scrutiny and oversight prior to being founded upon?

​​​​​​​While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information 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 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 the project has not yet been approved or started, and so we hold no written information in order to answer this.

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 further management of the Clyde cod, clearly we cannot provide information which we do not hold.

Additional information provided outwith the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that the future management of cod in the Clyde will be the subject of a public consultation process to be undertaken during the summer of 2025. This will help to inform decisions about any new data and/or analyses required to facilitate sustainable management of cod in the Clyde, one element of which could be the behaviour of cod in response to creels. It is too early yet to conclude whether Clyde cod management will use the results of this proposed project, which in any case is not specific to the Clyde.

6. If the specifications that are requested above are not currently available or do not contain the following information can you please where possible supply that information and also that listed in No. 7 below as an information request under the auspices of freedom of information?

Please see our response to Q3 above.

7. What is the scale and scope of the trial. Is it geographically specific, if so what area/s. What types of creels/target species is the research pertaining to. Most importantly and if you can't answer any of the other questions in short order this is the information I seek with the utmost urgency; what is the assumed mortality/survivability of bycaught and released cod from the various types of creel/target species being researched and what is the evidence base being relied on to inform the mortality levels of any study on bycaught and released cod from those creels?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information 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 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 the project has not yet been approved and so any specifications have yet to be determined.

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 scale and scope of a potential future project, clearly we cannot provide information which we do not hold.

Additional information provided outwith the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that, if approved, this will be a small-scale project involving a series of aquarium-based experiments to investigate cod behaviour in relation to static fishing gear. It is not geographically specific and has no plans to investigate or comment on mortality/survivability of by-catch. We plan to use commercially available creels and target various gadoid species, commencing with cod.​​​​​​​

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.