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By email to: Dougie McKinlay (request-600818-
Dear Mr McKinlay,
12 September 2019
REQUEST UNDER THE ENVIRONMENTAL INFORMATION (SCOTLAND)
REGULATIONS 2004 (EIRs)
Thank you for your request dated 1st September 2019 under the Environmental
Information (Scotland) Regulations 2004 (EIRs).
You asked for all information or licences granted to stock non-native species into
inland waters over the past 5 years.
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. I enclose a copy of the information you requested covering stocking from 1 April
2019 to 1 September 2019.
2. The rest of the information you have requested (stocking consent issued from
July 2014 to March 2019) is available from our website at https://www2.gov.scot/Topics/marine/Licensing/fishintros/introduction/Consents
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is
already publicly available and easily accessible to you in another form or format. If,
however, you do not have internet access to obtain this information from the
website(s) listed, then please contact me again and I will send you a paper copy.
Your right to request a review
If you are unhappy with this response to your EIRs request, you may ask us to carry
out an internal review of the response, by writing to
Director Marine Scotland
Area 1B South
Your review request should explain why you are dissatisfied with this response, and
should be made within 40 working days from the date when you received this letter.
We will complete the review and tell you the result, within 20 working days from the
date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal
to the Scottish Information Commissioner. More detailed information on your appeal
rights is available on the Commissioner’s website at: http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/Appealingto
Licensing Case Officer
Freshwater Licensing Team