Population and advice on herring gulls and black backed gulls: EIR release

Information requested

1. ‘Health Risks

I would be grateful to view all documents comprising any analysis or other consideration of the health risks to humans posed by gulls, including risk of falls from swooping attacks, risks of ingestion of gull droppings, risks of respiratory and water based infections, including Histoplasmosis, Cryptococcosis, Psittacosis (Ornithosis), Salmonellosis and Ecoli which are associated therewith.

2. Levels of population

I would be grateful to view all data relating to the analysis of levels of population of the herring backed and black backed gulls in Scotland, including any national and local data. Please also supply me with the locations in Scotland the 2020 and 2023 surveys of the Urban Herring Gull and the Urban Black Backed Gull were taken. Please also supply me with the detailed results of these surveys by location.

3. Advice from NatureScot to Ministers

I would be grateful for sight of all submissions and interchange between NatureScot and Ministers and SG Officials and Ministers and NatureScot to SG Officials please.’ 

After seeking clarification on the subject area of question 3 of your request, you confirmed that you are asking for information relating to ‘Herring gulls and black backed gills’ for the time period ‘2021 May to date’.

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.

Question 1
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold any data in relation to your request. This is because the Scottish Government has not undertaken any analysis specific to your request.

Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

The information you have requested may be held by NatureScot. It is noted from your request that you advised this request was also being submitted to NatureScot directly, however, I have provided a link to the

NatureScot website and how to submit a request to them below:

• Freedom of Information requests | NatureScot

Question 2
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold any data in relation to this part of your request. This is because the Scottish Government has not conducted any analysis into levels of population of the herring backed and black backed gulls in Scotland, the survey’s you refer to were conducted by the Joint Nature Conservation Committee (JNCC).

Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

I have provided you with some information below, that you may find helpful. The latest figures on levels of population of herring backed and black backed gulls were provided to us by the JNCC in 2024. The following information was provided:

• Lesser Black-backed Gull – Natural

In Scotland the population of natural-nesting Lesser Black-backed Gulls overall has declined by 48%, driven by decreases at coastal sites. The two Special Protection Areas (SPAs) designated for the species, both of which are coastal, Ailsa Craig and the Forth Islands saw declines of 53% and 31% respectively. Conversely, inland nesting Lesser Black-backed Gulls in Scotland increased between Seabirds Count and Seabird 2000 from 1,293 AON (Apparently Occupied Nest) to 3,166 AON.

• Lesser Black-backed Gull – Urban

Scotland hosts approximately 32,000 – 47,000 pairs of urban-nesting Lesser Black-backed Gulls. The distribution of these is likely more coastal, around 60%. It evident that our urban areas are now a particular important nesting areas for the species in Scotland, with approximately 78% of the population estimated to be urban-nesting.

• Herring Gull – Natural

Scotland holds half of Britain and Ireland’s natural-nesting Herring Gull population, 37,349 AON. The largest concentrations are found on the east coast at sites like the East Caithness Coast and Forth Islands SPAs. The largest declines have been along the west coast. Argyll and Bute had the highest population of all Scottish administrative areas in Seabird 2000, 15,916 AON. It now only holds 3,113 AON.

• Herring Gull – Urban

Scotland hosts approximately 57,000 – 68,000 pairs of urban-nesting Herring Gulls. The distribution of these is very much coastal, around 99%. These estimates suggest around 61-65% of the Scottish Herring Gull breeding population is now found in urban environments. A comparison of Scotland’s Seabirds Count Herring Gull population estimate of 100,161 AON (95% CLs: 95,328–105,287 AON) with Operation Seafarer’s 159,237 AON clearly suggests a decline rather than a redistribution.

It has been noted that JNCC are due to publish the Urban gull report (post seabird census) which will outline the population analysis for urban gulls, by the end of 2025. The most recent version, Seabirds Count, A census of breeding seabirds in Britain and Ireland (2015–2021) is available to purchase through the JNCC website.

You may find it useful to contact JNCC directly for more information regarding this report and for any more information relating to the locations used in Scotland for the 2020 and 2023 surveys you mentioned in your request - Contact points and enquiries | JNCC – Adviser to Government on Nature Conservation.

Question 3

I have included copies of the information you have requested below in Annex B.

On reviewing materials within scope of your request an exception has been applied in line with the EIRs.

You can find information on the exceptions that have been applied to information below in Annex A.

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.

EIR 202500474601 - Information released - Annex A & Annex B

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