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Scallop landings by Shetland-registered fishing vessels in Shetland statistics: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004


Information requested

The annual statistics for scallop landings by Shetland-registered fishing vessels landed in Shetland from the year 2000 to the most recent year for which data is available. If possible, please include:

  • Total annual tonnage landed
  • Total annual value
  • Any available breakdowns by port or landing location within Shetland
  • Notes on any changes in data collection methodology over the period

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.

I enclose a copy of most of the information you requested as an excel file (.xlsx) labelled “EIR 202500495644 – Shetland Scallops”.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under regulation(s) 11(2) (personal information of a third party) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter. 

Additionally, having checked with Scottish Government statisticians and the Lerwick Fishery Office, there have been no changes to the data collection methodology over the period requested (2000 – 2024).

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exception applies

Regulation 11(2) – applicant has asked for personal data of a third party

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Statistics pertaining to location, earnings, and weight of sole owner operated vessels are classed as personal information. If the total information for any port, or year, had less than 3 vessels operating within it, and at least one of these vessels was sole owner operated, this information has been withheld. 

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 202500495644 - Information released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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