Correspondence between Marine Directorate and NatureScot regarding wrasse fishing within Special Areas of Conservation: EIR release

Information requested

Correspondence between Marine Directorate and NatureScot from 1st July 2024 to 13 January 2025 relating to Appropriate Assessments under the Habitats Regulations in connection with wrasse fishing within Special Areas of Conservation.

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exception under regulation(s) 11(2) (personal information) and 10 (4)(d) (the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exception applies

Regulation 10(4)(d) – material in course of completion, unfinished documents or incomplete data

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some the information you have requested because it is an unfinished document. Document 1.1 and Document 5.1 have been withheld completely as they are unfinished letters to Environmental Standards Scotland.

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. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished and incomplete information which is still being worked on is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.

Regulation 11(2) – applicant has asked for personal data of a third party

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.

The locational data contained within Document 12.1 relates to vessels that are small and sole proprietor/owner operated and so there is limited data we can supply without contravening the data protection principles outlined above. Therefore, we have provided data only where individuals are not readily identifiable from the locational information in order to preserve confidentiality. This protects the personal information on the location and financial information of these owner operated vessels.

Document 13.1 (the attachment to Document 13) has been withheld in full for the same reasons as outlined above.

About FOI

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

EIR 202500447750 - Information Released - Annex

File type

PDF

File size

2.8 MB