How Scotland’s existing MPAs are policed: EIR release

Information requested

How are Scotland’s existing MPAs policed?

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.

The Marine Directorate utilises two offshore, and one inshore/offshore patrol ship, two inshore fast patrol Rigid Inflatable Boats (RIBs), two surveillance aircraft, eighteen coastal marine offices and a 24- hour monitoring centre, to monitor and enforce compliance restrictions in MPAs. Tasking of assets is done using a risk-based system, this requires analysis of intelligence and fishing activity to identify priority areas. Any reports of illegal activity are fully investigated and where there is sufficient evidence to pursue a prosecution the enforcement team can issue a Fixed Penalty Notice (FPN) up to £10k or make a report to the Crown Office Procurator Fiscal Service.

Vessels over 12m in length are required to have a fully functioning satellite tracking systems and some vessels now have Remote Electronic Monitoring systems (REM) which includes the use of cameras and sensor to monitor fishing activities and location. Legislation is currently being developed to ensure this is compulsory in all scallop and pelagic vessels. Over 95% of the scallop fleet currently have REM on board.

The United Kingdom Fisheries Monitoring Centre (UKFMC) monitors activity using systems which automatically identify potential activity near restricted areas. Any alarms are fully investigated, and appropriate action is taken.

The Marine Directorate is committed to ensuring sensitive and vulnerable marine habitats are protected by maximising the use of the physical and technical resources it has at its disposal.

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.