Data collected by the Fisheries Observer programmes from 2018 until 2023 inclusive: EIR release

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


Information requested

Can you please provide all data collected by the Fisheries Observer programmes from 2018 until 2023 inclusive (5 years), ideally on a per trawl basis, and including catch location, date, (ideally vessel name and PLN but you may consider this to be protected data, we do not), Vessel power KW, Vessel Length, Gear type, Cod end description & selectivity measures, catch composition (weight of each species caught), % <MCRS and discard composition.

Can you please also provide any annual reports provided by the observer programme.

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.

Response to your request

1. Can you please provide all data collected by the Fisheries Observer programmes from 2018 until 2023 inclusive (5 years), ideally on a per trawl basis, and including catch location, date, (ideally vessel name and PLN but you may consider this to be protected data, we do not), Vessel power KW, Vessel Length, Gear type, Cod end description & selectivity measures, catch composition (weight of each species caught), % <MCRS and discard composition.

I enclose a copy of some of the information you requested. I have enclosed a spreadsheet of the data we do hold titled “Scottish demersal bycatch estimates 2018-2022.csv”.

In columns B, C & D of this spreadsheet, you will find various codes listed. You will need to refer to the second item I have enclosed (a PDF report referred to under point 2 below) for a full explanation of the codes used. For ease of reference:

  • Column B codes are provided in the report table 2.
  • Column C codes are provided in the report figure 1.
  • Column D codes are explained in the opening sentence.

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

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 does not have some of the information you have requested for the reasons explained below:

Cod end description & selectivity measures

This is not recorded by the observers.

Catch composition (weight of each species caught)

This is not recorded by the observers. Landed weights by species for the trip are recorded, but these are skippers’ or observers’ estimates and are not official records.

% <MCRS

This is not recorded by the observers but estimated by fishery (as defined by metier group) and ICES division (or Subarea).

Discard composition

Bycatch composition is not recorded per trawl, only the composition of a sample of bycatch from the haul. As such, this can vary widely by species and length and is not considered a reliable estimate at this level of disaggregation. Instead the data are pooled to calculate estimates by fishery (as defined by metier group) and ICES division (or Subarea).

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 cod end description & selectivity measures, catch composition per trawl, % <MCRS per trawl and discard composition per trawl, clearly we cannot provide information which we do not hold.

2. Can you please also provide any annual reports provided by the observer programme.

There are no published annual reports provided by the observer programme. However, since your original communications with us last year, we have been developing a report covering the years 2018 to 2022 (which is the most recent available year of data) and the draft report is enclosed with this response. Please find enclosed a PDF file titled “Scottish demersal bycatch report 2022 2024-04-04.pdf”.

Additional background information provided out with the EIRs

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that the Science Evidence Data and Digital Portfolio of the Marine Directorate of the Scottish Government and the Scottish Fishermen’s Federation undertake the Scottish Demersal Joint Observer Programme. This is a scientific observer scheme for sampling biological information on catch on board vessels, carried out under the UK's implementation of Data Collection Framework legislation (as amended in retained EU law): Data Collection Framework - GOV.UK (www.gov.uk). The main purpose of the scheme is to provide parameters for stock assessments carried out by the International Council for the Exploration of the Seas (ICES). This is not a census, but a statistical survey which covers around 1-2% of trawl fishing trips per year, and therefore statistical approaches are required in order to estimate these parameters.

The scientific observers obtain a sample of bycatch at the time of sorting, from which they obtain biological information. The sample could include species which are subject to the landing obligation, and species which are not e.g. non-quota and prohibited species. The observers estimate the quantity of the total bycatch in the same units that they use to record the quantity of the sample. The units in which these quantities are recorded include non-SI units such as baskets, tables, shovels, or time, and do not necessarily pertain to meaningful estimates of quantity without appropriate conversion.

The information collected by the scientific observers is used in the statistical estimation of weights, numbers-at-length and numbers-at-age of bycatch by species, area and fishery. These estimates for each calendar year are submitted to ICES for use in single species stock assessments. The bycatch weight estimates are also used in fisheries management.

The estimates described above are provided in the report and spreadsheet enclosed with my response.

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.

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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