Marine Scotland enforcement actions: EIR release

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


Information requested

Please provide the full text of all written warnings, advisory letters, fixed penalty notices, and verbal re-briefs issued in 2022 by marine protection vessels (MPVs), the Surveillance and Enforcement Branch (SEB), and the UK Fisheries Monitoring Centre. For the fixed penalty notices, please indicate whether the penalties have since been paid.

If any information is exempt from disclosure, I ask you to redact this information instead of omitting documents. Please indicate the reason for any such exemptions.

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

  1. I enclose a copy of most of the information you requested. There are 248 documents for release:
  • (i) PDF documents number 1 to 246 and 248, 249. Note item 143 was removed due to duplication of item 140.
  • (ii) Excel spreadsheet 247.

Due to the large number of documents I will separately email you an invitation to a shared Workspace in an online storage facility called “Objective Connect.” This online storage facility is now the Scottish Government preferred way to share large and/or numerous files. To access the documents via Objective Connect you will need to click on the link provided in my accompanying email.

In order to access the shared Workspace files you will need to enter your email address and a password of your choice. You will then be able to enter the Workspace and click on each item to download all the documents released.

If you do not receive the invitation email on the same day that we respond to your request, then please check your “junk items” folder in the first instance. If you need to access Objective Connect from a mobile phone you will need to install the Objective Connect application onto your device before you first log in and set up a password. Please find instructions in order to do so attached as a PDF titled “Mobile Phone – Objective Connect – how to guide. If you have any issues accessing the documents released via Objective Connect then please contact me directly or email our Central Enquiries Unit at ceu@gov.scot.

  1. 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.
  2. The answer to the question you asked (“For the fixed penalty notices, please indicate whether the penalties have since been paid”) is provided below.

    At the time of response, I can confirm that all of the Fixed Penalty Notices (FPN) provided were paid with the exception of the following FPNs reference numbers: 466, 410, 419, 406, 421, 411, 462, 412, 409, 431, 432, 441, 449, 442, 451, 453, 457.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

EIR - 202300361135 - Information release

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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