Publication - FOI/EIR release

Conservation of salmon, assessment for 2018 fishing season: EIR release

Published: 5 March 2018
Directorate: Marine Directorate
Topic: Marine and fisheries, Public sector

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

FOI reference: FOI/18/00395
Date received: 12 February 2018
Date responded: 5 March 2018

Information requested

Information relating to categorisation of The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC as category 3 for 2018.

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 whether 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.

We do not consider that the Inspire (Scotland) Regulations apply in the case of your request.

You asked for:

1. Please provide me with full details of correspondence received and sent between SNH and Marine Scotland including Marine Scotland Science and to Roseanna Cunningham MSP as Cabinet Secretary on and after 30th October 2017 which specifically relates to The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC This request should specifically consider, but not be limited to, correspondence sent by and received from Dr Stuart Middlemass, John Armstrong Marine Scotland Science, Keith Main and Simon Dryden of Marine Scotland.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

2. Please provide me with full details of correspondence received and sent between Marine Scotland and The Loch Lomond Angling Improvement Association (L.L.A.I.A) on and after 30th October 2017 which specifically relates to The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC methodology to be used for season 2018.

3. Please provide me with full details of correspondence received and sent between Marine Scotland and The Loch Lomond Fisheries Trust (L.L.F.T) in particular Mr Eddie Edmonstone Chairman of LLFT and Carolin Bryce Scientist on and after 30th October 2017 which specifically relates to The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC methodology and calculation methods and data to be used for season 2018.

I attach a copy of the information you requested.

4. Please provide me with full details of correspondence received and sent between Marine Scotland and The Loch Lomond Fisheries Riparian Owners Group (L.L.F.R.O.G) in particular Mr Eddie Edmonstone Chairman of LLFROG and all Riparian fishery owners on the River Endrick SAC on and after 30th October 2017which specifically relates to The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC methodology and calculation methods and data to be used for season 2018.

5. Please provide me with full details of correspondence received and sent between Marine Scotland Marine Scotland Science and any/all Riparian owners of Salmon fishing's on the Endrick Water SAC on and after 30th October 2017which specifically relates to The River Leven (Dunbartonshire), Loch Lomond and Endrick Water SAC methodology and calculation methods and data to be used for season 2018.

6. Please provide me with full details of the full calculations that determined the Endrick SAC as a Category 3 for season 2018, this is not limited to but should include calculation of total wetted area including a map of such areas for the Endrick and the total catch return numbers not only from the LLAIA but all the other catch returns from the remainder of the riparian owners of fishing's of the Endrick for seasons 2012 thru to 2016. That we request the calculations and data used before 30th October 2017 and subsequent calculations and data used on or after the 30th October to date of this request.

Part of the answer to your question is set out in the documents published for public consultation on Friday 15 September 2017.

http://www.gov.scot/Resource/0052/00524732.pdf

http://www.gov.scot/Resource/0052/00524734.pdf

http://www.gov.scot/Resource/0052/00524735.pdf

http://www.gov.scot/Resource/0052/00524588.pdf

In addition, a map of the Endrick Water SAC accompanies this response.

Catch information for the Clyde District, which includes the Endrick Water SAC, is set out in the spreadsheets accompanying this letter, for seasons 2012 to 2016 inclusive.

The calculations and data used to determine the Endrick Water as a Category 3 for season 2018 are the same before 30 October, and on and after 30 October 2017.

Reasons for not providing information

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 has no record of any correspondence between the various parties you have specified in items 1, 2, 4 and 5 above, on or after 30 October 2017.

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 such correspondence, clearly we cannot provide information which we do not hold.

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