Queries regarding fisheries and the National Marine Plan Assesment: EIR release

Information requested

We spoke back in March 2025 about our ongoing concerns regarding compliance with the Marine Scotland Act when making decisions about fishing. I was saddened that we did not have opportunity to reconvene on this after that meeting but I remain open to ongoing dialogue if appropriate.

I appreciate the documentation which Marine Directorate then shared with our solicitors, firstly clarifying that decisions were being made in ways which did not consider the NMP as recently as January 2025, then on 29 May, following FOI, providing the new process which explains that decisions are now not being made in accordance with NMP but claims to invoke Section 15(2).

Whilst we had strong concerns about this process, we did not raise them at that time following requests from your team and others to allow space for measures to be adopted which would resolve concerns around ongoing impact to seabed habitats etc. These measures were not progressed in 2025 and the Cabinet Secretary has stated they will not now be progressed until after the election.

Our concerns regarding the credibility of the assessment range from i) that the assessment was itself incomplete, since it apparently considered only some PMFs, to ii) the irrationality of arguing that scallop licenses cannot be spatially constrained without consultation, despite amending wrasse licences in this exact way, and several others.

At this stage I am in touch to ask whether you can provide additional information, please consider under FOI/EIR if necessary. There are several questions but, since these all relate to existing obligations, I hope they are easily shared, and I have just compiled the questions in this way to make it easier to communicate them.

1: The documents provided to our solicitor on 29 May 2025 include one titled “National Marine Plan Assessment – Domestic Licence Transaction”. This states that the “Period to which the assessment applies” was “2024 – To be reviewed and updated as required prior to 1 January 2026”.

A: Has this document been updated since being shared with our solicitors on 29 May 2025?
B: If so, can you provide the updated document?
C: If not, can you explain what assessment has been undertaken of any domestic licence transaction since 1 January 2026 against the National Marine Plan?

2: Can you provide details of the most recent transaction relating to the transfer of a scallop dredge or bottom trawl licence between two entities which has been authorised by the Scottish Government, and your assessment of this transaction against the National Marine Plan?

3: As stated above, we are also interested in the wrasse licensing and derogations. In Annex A of the wrasse licence derogations issued last year, a document titled “Licence Conditions Applying To The Derogation Enabling The Harvesting Of Wild Wrasse” paragraph 18 sets out “Areas where fishing for wrasse is not allowed (2025 season)”

A: Have these licenses been amended to extend these prohibitions to the 2026 season?
B: If not, will they be?
C: Can you provide, the assessment against the NMP undertaken by Marine Directorate when providing these license derogations?

4: On 9 January 2026 Scottish Government amended all fishing licences to amend and update Section 5 of the existing licences to include changes to seasonal closures for spawning cod https://www.gov.scot/publications/fishing-vessel-weekly-licences-changes-effective-9-january-2026/

A: Can you provide the assessment against the NMP undertaken by the Marine Directorate when making that determination?

5: We are also interested in how quota decisions are taking account of the Section 15 duty.

A: Can you share your assessment of the NMP made when authorising fishing businesses to catch fish against TAC between 00:00 on 1 January of this year, covering to the point at which the Scottish Government carries out the distribution process?

B: Can you share the assessment of the NMP made when distributing catch quota 2025 and which will be used when distributing catch quota in 2026?

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

The National Marine Plan (NMP) Assessment - Domestic License Transaction document previously shared with you on 29 May 2025 has subsequently been updated and a copy of this can be found in the attached annex (B).

On reviewing materials within the scope of your request, namely a copy of the updated transaction document, an exception has been applied in line with the EIRs. The exception applied can be found in the attached annex (A).

Question 2

The most recent transaction relating to the transfer of an authorisation permitting fishing by scallop dredge or bottom trawl was assessed in line with the established processes previously set out in our response to EIR 202500465621 to the solicitors acting on your behalf.

I have included a copy of documents relating to this transfer in the attached annex (C).

On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached annex (A).

Question 3

As of the date of your request the Wrasse licenses referred to in your request have not been amended to extend these into the 2026 season. I wish to highlight, however, that said work is due to commence later this year in advance of the 2026 season beginning.

With regards to your request for a copy of the relevant NMP assessment, while our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific document you have requested as the associated work regarding Wrasse licensing that would also encompass said NMP assessment is due to commence later this year as noted above. Therefore, with respect to your request 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.

Question 4

I have included a copy of the information you have requested in the attached annex (B).

On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached annex (A).

Question 5

In considering your request, it may be helpful to refer to the information previously provided in EIR 20250045113 where similar queries were made in relation to the distribution of fish quota.

Part A

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific documents you have requested in relation to NMP assessments regarding Total Allowable Catch (TAC). Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that fishing opportunities arising from annual total allowable catches are distributed in line with the processes set out in UK and Scotland Quota Management Rules. As the process of distribution is pre-determined, no decisions are made which trigger section 15 requirements. Where there are any exceptions to this and a decision subject to section 15 requirements is made, an assessment against the NMP will be undertaken by Marine Directorate policy officials.

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.

Part B

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific documents you have requested in relation to NMP assessments regarding catch quotas. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

As explained above the distribution of fish quota undertaken by FAs is not an authorisation decision within the meaning in section 15 of the Marine (Scotland) Act 2010. The distribution process is undertaken by the Scottish Government in accordance with the Scottish Quota Management Rules. These are predetermined rules (subject to amendment) which means that there are no new decisions being made in the distribution process, due to this there has been no requirement for a further NMP assessment to be undertaken.

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.

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 202600503748 - Information released - Annex A, Annex B & Annex C

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