Queries regarding the 2019 Rural Economy and Connectivity (REC) report on the subject of Cleaner Fish: EIR release

Information requested

Regarding the comments below by Cab Sec Fergus Ewing in response to the 2019 REC report, on the subject of Cleaner Fish Cab Sec Ewing’s response 29 January 2019 to REC Report:

‘the wrasse fishing sector and the salmon farming sector have agreed to assist and cooperate with Marine Scotland Science to further understand the wild fishery for wrasse in Scotland and ensure its sustainability. We are, for example, currently scoping the feasibility and resource requirements for a staged process to improving the data base for stock assessments over the next 3-5 years. The first stages include the development of a pilot project establishing approaches to facilitate the provision of essential data on landings and fishing locations by the industry, and the development and implementation of a well-supported scientific observer programme (including the recruitment and resourcing of 3 new observers) to generate additional biological data from the commercial fishery….Initial conclusions from the pilot project will be available by the end of 2019. Complementary work on the development of fishery-independent surveys and suitable assessment methods will also be initiated over the 3-5 year time frame.'

The questions you asked:

1. What were the conclusions of the pilot project mentioned?

2. Were three new observers appointed and have they continued to be deployed?

3. Have 'fishery-independent surveys' been developed and what results have they produced?

4. Are 'suitable assessment methods' now in operation and what results have they produced?

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.

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

1. What were the conclusions of the pilot project mentioned?

Listed below are the conclusions of the pilot project. Please note that 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.

Conclusions and Recommendations

- Logistics of the measuring process on the boat is seen as the main problem. Concerns are also related to a general mistrust in the process and the fear (with some exceptions) that gathering data would “backfire” causing problems for the fishermen and the loss of the quite good status quo achieved.

To facilitate the logistics of the data collection on board the fishing vessels a measuring board with a sliding V-shaped sleigh could help to protect the fish; A scale of 3kg max should allow the combination scale/measuring board and avoid taking up excessive space on the boat;

- The majority of the skippers consider the dimension and safety security on the boat to be the biggest challenge to be faced. The movements of the skipper on the boat and the interference of a double measuring process due to the presence of the observers could be very difficult to deal with. In an ideal scenario, the observer should be the only one measuring the fish extracted from the traps, but it remains to be seen if the skippers would agree to that. Compensation for the interference on the normal fishing activity and for the risk of disrupting a fishing day is suggested. The compensation would also serve the need to allow the observer to be in charge of the measuring process without causing any financial loss to the skipper.

- Working on the Ballan wrasse, it was established that there is no easy way to distinguishing the males and females using only the colours. Other identifying traits will need to be considered (It was not possible to do it in the trial, since only one of the 51 specimens processed was male). An atlas showing the variability in shape and colour of the cleaner fish has been created to strengthen this point.

- We also learnt that a scale of 4 for sexual maturity is not going to be exhaustive. A scale similar to that used for pelagic fish would be advisable. To build such scale though, further sampling will be necessary. Maturity, in the same way as sex, can’t be determined without gutting the fish. An exception would be if the fish is actually spawning and eggs/milt could be extruded under pressure.

- Sexual maturity is not related to size. According to the experience of <Redacted 11(2)> only dominant fish spawn, which would suggest that the hierarchical structure of each population of wrasse is strictly determined. The impact of the fishery on this structure remains to be assessed. This notion, plus the fact that Ballan wrasse is a protogynous hermaphrodite (sequentially changes sex from female to male) makes understanding the species in the wild and in cages difficult to assess.

- Due to the huge variability in colours and shapes, at least for the Ballan wrasse, and insufficient access to all wrasse species, the production of an ID guide has not proved to be possible in this feasibility study. A flyer has, however, been produced to inform of generic traits of the various species used and to deliver basic notions on their biology and distribution.

With all the above-mentioned limitations and caveats, an observer scheme could be implemented and would indeed help to fill the knowledge gaps around the fishery.

In the current circumstances, where the COVID-19 pandemic has limited the possibility of carrying out data collection at sea the implementation of an observer scheme running from the beginning to the end of the 2020 or 2021 fishing seasons is unlikely to be realistic. It would be hoped that the opportunity to implement a reduced version of the Observer scheme, likely spread over a period of three months at the end of the fishing season, to be intended as a proof of concept would allow us to find ways to overcome the practical challenges the scheme will indeed present. This pilot scheme would likely allow us to be able to fully implement an efficient Observer scheme.

2. Were three new observers appointed and have they continued to be deployed?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason for that exception is because the Scottish Government does not have the information you have requested because there has never been deployment of Marine Directorate observers on the wrasse fishery.

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 the deployment of observers, clearly we cannot provide information which we do not hold.

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide some further information that may help improve your understanding of the scientific observer scheme. A blog on the Marine Directorate web page provides useful background information (Marine The Importance of Scotland’s Observers - Marine).

The information linked below was released in response to a previous EIR request handled under case reference number 202400403446 and responded to on 8th April 2024. You may find this of interest. The full EIR request and our response has been published on our website and can be found here: Data collected by the Fisheries Observer programmes from 2018 until 2023 inclusive: EIR release - gov.scot

There has never been deployment of Marine Directorate observers on the wrasse fishery, but data collectors from the team have been deployed on compiling landings data which forms the basis of our data for the wrasse fishery. Information released in response to a previous EIR handled under case reference number 202400440609 and responded to on 4th December 2024: Centre for Environment, Fisheries and Aquaculture Science (Cefas) presentation and scientific observers on wrasse fishing vessels: EIR release - gov.scot may also be of interest.

3. Have 'fishery-independent surveys' been developed and what results have they produced?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs because no fishery independent surveys have been developed or implemented for the wrasse fishery, and consequently there are no results to report.

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 fishery-independent surveys, clearly we cannot provide information which we do not hold.

4. Are 'suitable assessment methods' now in operation and what results have they produced?

The answer to the first part of your question is no, ‘suitable assessment methods’ are not in current operation for the wrasse fishery. Stock assessment methods are currently being explored through a Marine Directorate co-funded PhD studentship. No stock assessment methods are yet in operation, and therefore no results have been produced.

Additional information on the wrasse PhD are available online (Scottish salmon farmers to fund wrasse PhD; SSPO Funding for Sustainable Wrasse Fishery PhD) and a previous written submission to the Scottish Parliament (4th December 2024) on the subject of wild wrasse stocks may be of interest: pe2110_e.pdf

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