Marine Scotland: Fixed Penalty Notices issued due Gairloch incidents: EIR release

Information requested

In relation to each of the two Fixed Penalty Notices issued as a result of incidents in Gairloch, can you tell us:

1.       the name of the recipients of the FPNs?
2.       the name and PLN number of the vessels being skippered in relation to each of the FPNs?
3.       the amount of each of the FPNs?

Response

Attached is a copy of some of the information that you have requested.  This can be found at the annex.

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.

ANNEX

1 - the name of the recipients of the FPNs?

In our view, the exception applies here.

2 - the name and PLN number of the vessels being skippered in relation to each of the FPNs

In our view, the exception applies here.

3 - the amount of each of the FPNs?”

Guidance on fixed penalties can be found here: https://www2.gov.scot/Resource/0048/00483779.pdf. 

Generally speaking for offences in relation to a breach of SSI 276/2004, the Inshore Fishing (Prohibition and Fishing Methods( (Scotland) Order 2004, the fine levied for a first offence is £2,000.  In these cases the fines were 2 x £2,000.

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.