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Information regarding possible incursions relating to the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (St. Abbs Eyemouth Area only)

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Dear Marine Scotland,

Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (St. Abbs Eyemouth Area) (the Site) - Possible incursions

We are concerned that there may be possible incursions into the St. Abbs Eyemouth Area, protected by the Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2004 (SI 276) by fishing vessels using mobile or active gears which are likely to have an adverse impact on the Site. In particular we are concerned about reports of a squid fishery.

As a result we would be grateful if you could respond to the following queries under the Freedom of Information (Scotland) Act and other appropriate legislation.

1. Please let us have copies of any reports on the impact of fishing in the Site undertaken in the last 10 years;
2. Please provide vessel monitoring data for the Site for vessels deploying mobile or active gears for the last 3 years;
3. Please provide detail of regulations, licences conditions and other measures in place to deter mobile or active gears on the Site;
4. Please let us have copies of any reports of breaches of those regulations etc. set out in (3) in the last 5 years;
5. Have there been any prosecutions with respect to (3) in the last 3 years, if so please let us have details?;
6. What measures have been taken to avoid further incursions and strengthen enforcement with respect to (3) in the last 3 years.
7. In particular, what management measures have been taken to protect against a squid fishery in the Site.
8. Have any applications been made or derogations granted for a squid fishery in the Site?

Yours faithfully

Dr Thomas Appleby
Trustee and Chief Legal Affairs Adviser

Marine Scotland

1 Attachment

Thank you for contacting Marine Scotland. We will deal with your enquiry
as quickly as possible.

 

If you have a media enquiry, call 0131 244 022.

 

For more information, visit our website: www.gov.scot/marinescotland.

Marine Scotland

2 Attachments

Dear Dr. Appleby,

FOISA Acknowledgment of request

Thank you for your request dated 21 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) and other appropriate legislation
for:

“We are concerned that there may be possible incursions into the  St. Abbs
Eyemouth Area, protected by the Inshore Fishing (Prohibition of Fishing
and Fishing Methods) (Scotland) Order 2004 (SI 276) by fishing vessels
using mobile or active gears which are likely to have an adverse impact on
the Site. In particular we are concerned about reports of a squid fishery.

 

As a result we would be grateful if you could respond to the following
queries under the Freedom of Information (Scotland) Act and other
appropriate legislation.

 

1.         Please let us have copies of any reports on the impact of
fishing in the Site undertaken in the last 10 years;

2.         Please provide vessel monitoring data for the Site for vessels
deploying mobile or active gears for the last 3 years;

3.         Please provide detail of regulations, licences conditions and
other measures in place to deter mobile or active gears on the Site;

4.         Please let us have copies of any reports of breaches of those
regulations etc. set out in (3) in the last 5 years;

5.         Have there been any prosecutions with respect to (3) in the
last 3 years, if so please let us have details?;

6.         What measures have been taken to avoid further incursions and
strengthen enforcement with respect to (3) in the last 3 years.

7.         In particular, what management measures have been taken to
protect against a squid fishery in the Site.

8.         Have any applications been made or derogations granted for a
squid fishery in the Site?”

We received your request on 21 August 2019 and will respond in accordance
with FOISA by 18 September 2019.

If you have any queries, please contact me quoting case number FoI19/01991

Yours sincerely

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [1][email address]

 

[2]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[3]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

Visible links
1. mailto:[email address]
3. https://www.gov.scot/Topics/marine/Compl...

Marine Scotland

2 Attachments

Dear Dr. Appleby,

 

“Thank you for your request dated 12 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for “…details of all statutory
enforcement actions undertaken by Marine Scotland in the last three years.
This should include dates, locations and descriptions of all actions,
including, but not limited to, written warnings, fixed penalty notices,
and verbal warnings.  Where Fixed Penalty Notices have been issued, please
indicate whether these notices were subsequently paid by the recipient, or
in the case of non-payment by the recipient, whether  further action was
taken by Marine Scotland  through referral to the courts. “

 

In order to identify and locate the information that you have asked for we
need some further information from you.  Our recording systems do not
readily provide the information as you have requested. You have requested
details of “all statutory enforcement actions” and that this should
include “written warnings, fixed penalty notices and verbal warnings”.
 Statutory enforcement actions for Marine Scotland are limited to the
issue of Fixed Penalty Notices and the referral of cases to Crown Office
Procurator Fiscal Service for consideration of prosecution.  We do not
consider written warnings, advisory letters and verbal re-briefs to be
“statutory enforcement actions” in this context, rather these are a result
of well-established and widely used enforcement practice.

 

Written Warnings, Fixed Penalty Notices and cases referred to COPFS are
all undertaken and issued from a central location.  Advisory letters are
almost always issued locally, from local Fishery Offices situated around
the coast of Scotland. There are a significant number of Advisory letters
issued throughout a year and while we can provide a number in terms of the
quantity issued and from which office they were issued, our systems cannot
readily provide more information than that. 

 

I would therefore be grateful for you to provide further clarity as to
what information you are requesting.  As I am unable to continue without
this, I will put your request on hold until I hear back from you. 

 

When we receive this further information from you we will be able to
respond to your request, in accordance with FOISA, within 20 working days
of when we receive that information.

If you wish to discuss any of the above, please contact me. You may also
find it helpful to look at the Scottish Information Commissioner’s ‘Tips
for requesting information under FOI and the EIRs’ on his website at:
[1]http://www.itspublicknowledge.info/YourR....

 

Yours sincerely

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [2][email address]

 

 

[3]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[4]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

 

 

From: Mitchell H (Hugh)
Sent: 23 August 2019 07:37
To: '[FOI #598444 email]'
<[FOI #598444 email]>
Cc: Brownlie JR (John) <[email address]>
Subject: Freedom of Information request - Information regarding possible
incursions relating to the Inshore Fishing (Prohibition of Fishing and
Fishing Methods) (Scotland) Order 2004 (St. Abbs Eyemouth Area only) -
FoI/19/01991

 

Dear Dr. Appleby,

FOISA Acknowledgment of request

Thank you for your request dated 21 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) and other appropriate legislation
for:

“We are concerned that there may be possible incursions into the  St. Abbs
Eyemouth Area, protected by the Inshore Fishing (Prohibition of Fishing
and Fishing Methods) (Scotland) Order 2004 (SI 276) by fishing vessels
using mobile or active gears which are likely to have an adverse impact on
the Site. In particular we are concerned about reports of a squid fishery.

 

As a result we would be grateful if you could respond to the following
queries under the Freedom of Information (Scotland) Act and other
appropriate legislation.

 

1.         Please let us have copies of any reports on the impact of
fishing in the Site undertaken in the last 10 years;

2.         Please provide vessel monitoring data for the Site for vessels
deploying mobile or active gears for the last 3 years;

3.         Please provide detail of regulations, licences conditions and
other measures in place to deter mobile or active gears on the Site;

4.         Please let us have copies of any reports of breaches of those
regulations etc. set out in (3) in the last 5 years;

5.         Have there been any prosecutions with respect to (3) in the
last 3 years, if so please let us have details?;

6.         What measures have been taken to avoid further incursions and
strengthen enforcement with respect to (3) in the last 3 years.

7.         In particular, what management measures have been taken to
protect against a squid fishery in the Site.

8.         Have any applications been made or derogations granted for a
squid fishery in the Site?”

We received your request on 21 August 2019 and will respond in accordance
with FOISA by 18 September 2019.

If you have any queries, please contact me quoting case number FoI19/01991

Yours sincerely

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [5][email address]

 

 

[6]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[7]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

Visible links
1. http://www.itspublicknowledge.info/YourR...
2. mailto:[email address]
4. https://www.gov.scot/Topics/marine/Compl...
5. mailto:[email address]
7. https://www.gov.scot/Topics/marine/Compl...

Marine Scotland

2 Attachments

Dear Dr. Appleby,

 

My apologies. Please disregard the e-mail below as I have sent to you in
error.

 

Yours sincerely

 

 

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [1][email address]

 

[2]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[3]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

 

 

 

From: Mitchell H (Hugh)
Sent: 26 August 2019 09:50
To: '[FOI #598444 email]'
<[FOI #598444 email]>
Cc: Brownlie JR (John) <[email address]>
Subject: RE: Freedom of Information request - Information regarding
possible incursions relating to the Inshore Fishing (Prohibition of
Fishing and Fishing Methods) (Scotland) Order 2004 (St. Abbs Eyemouth Area
only) - FoI/19/01991

 

Dear Dr. Appleby,

 

“Thank you for your request dated 12 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for “…details of all statutory
enforcement actions undertaken by Marine Scotland in the last three years.
This should include dates, locations and descriptions of all actions,
including, but not limited to, written warnings, fixed penalty notices,
and verbal warnings.  Where Fixed Penalty Notices have been issued, please
indicate whether these notices were subsequently paid by the recipient, or
in the case of non-payment by the recipient, whether  further action was
taken by Marine Scotland  through referral to the courts. “

 

In order to identify and locate the information that you have asked for we
need some further information from you.  Our recording systems do not
readily provide the information as you have requested. You have requested
details of “all statutory enforcement actions” and that this should
include “written warnings, fixed penalty notices and verbal warnings”.
 Statutory enforcement actions for Marine Scotland are limited to the
issue of Fixed Penalty Notices and the referral of cases to Crown Office
Procurator Fiscal Service for consideration of prosecution.  We do not
consider written warnings, advisory letters and verbal re-briefs to be
“statutory enforcement actions” in this context, rather these are a result
of well-established and widely used enforcement practice.

 

Written Warnings, Fixed Penalty Notices and cases referred to COPFS are
all undertaken and issued from a central location.  Advisory letters are
almost always issued locally, from local Fishery Offices situated around
the coast of Scotland. There are a significant number of Advisory letters
issued throughout a year and while we can provide a number in terms of the
quantity issued and from which office they were issued, our systems cannot
readily provide more information than that. 

 

I would therefore be grateful for you to provide further clarity as to
what information you are requesting.  As I am unable to continue without
this, I will put your request on hold until I hear back from you. 

 

When we receive this further information from you we will be able to
respond to your request, in accordance with FOISA, within 20 working days
of when we receive that information.

If you wish to discuss any of the above, please contact me. You may also
find it helpful to look at the Scottish Information Commissioner’s ‘Tips
for requesting information under FOI and the EIRs’ on his website at:
[4]http://www.itspublicknowledge.info/YourR....

 

Yours sincerely

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [5][email address]

 

 

[6]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[7]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

 

 

From: Mitchell H (Hugh)
Sent: 23 August 2019 07:37
To: '[FOI #598444 email]'
<[8][FOI #598444 email]>
Cc: Brownlie JR (John) <[9][email address]>
Subject: Freedom of Information request - Information regarding possible
incursions relating to the Inshore Fishing (Prohibition of Fishing and
Fishing Methods) (Scotland) Order 2004 (St. Abbs Eyemouth Area only) -
FoI/19/01991

 

Dear Dr. Appleby,

FOISA Acknowledgment of request

Thank you for your request dated 21 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) and other appropriate legislation
for:

“We are concerned that there may be possible incursions into the  St. Abbs
Eyemouth Area, protected by the Inshore Fishing (Prohibition of Fishing
and Fishing Methods) (Scotland) Order 2004 (SI 276) by fishing vessels
using mobile or active gears which are likely to have an adverse impact on
the Site. In particular we are concerned about reports of a squid fishery.

 

As a result we would be grateful if you could respond to the following
queries under the Freedom of Information (Scotland) Act and other
appropriate legislation.

 

1.         Please let us have copies of any reports on the impact of
fishing in the Site undertaken in the last 10 years;

2.         Please provide vessel monitoring data for the Site for vessels
deploying mobile or active gears for the last 3 years;

3.         Please provide detail of regulations, licences conditions and
other measures in place to deter mobile or active gears on the Site;

4.         Please let us have copies of any reports of breaches of those
regulations etc. set out in (3) in the last 5 years;

5.         Have there been any prosecutions with respect to (3) in the
last 3 years, if so please let us have details?;

6.         What measures have been taken to avoid further incursions and
strengthen enforcement with respect to (3) in the last 3 years.

7.         In particular, what management measures have been taken to
protect against a squid fishery in the Site.

8.         Have any applications been made or derogations granted for a
squid fishery in the Site?”

We received your request on 21 August 2019 and will respond in accordance
with FOISA by 18 September 2019.

If you have any queries, please contact me quoting case number FoI19/01991

Yours sincerely

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [10][email address]

 

 

[11]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[12]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

References

Visible links
1. mailto:[email address]
3. https://www.gov.scot/Topics/marine/Compl...
4. http://www.itspublicknowledge.info/YourR...
5. mailto:[email address]
7. https://www.gov.scot/Topics/marine/Compl...
8. mailto:[FOI #598444 email]
9. mailto:[email address]
10. mailto:[email address]
12. https://www.gov.scot/Topics/marine/Compl...

Dear Marine Scotland,

Please Could you respond urgently to our request of 12 August.

Yours faithfully,

Dr Thomas Appleby

Marine Scotland

1 Attachment

Thank you for contacting Marine Scotland. We will deal with your enquiry
as quickly as possible.

 

If you have a media enquiry, call 0131 244 022.

 

For more information, visit our website: www.gov.scot/marinescotland.

Marine Scotland

2 Attachments

Dear Dr Appleby,

 

Please find attached response to your request under the Freedom of
Information (Scotland) Act 2002.

 

Please accept my apologies for the delay in responding.

 

Kind Regards

 

Hugh

Hugh Mitchell

Enforcement Manager, Marine Scotland Compliance

40 Hall Street, Campbeltown, Argyll, PA28 6BU

0131 244 8696 [1][email address]

 

[2]http://saltire/Documents/Communicating%2...

 

To see how we use your personal data, please view our privacy notice at
[3]https://www.gov.scot/Topics/marine/Compl...

P Please consider your environmental responsibility before printing

 

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References

Visible links
1. mailto:[email address]
3. https://www.gov.scot/Topics/marine/Compl...

We don't know whether the most recent response to this request contains information or not – if you are Thomas Appleby please sign in and let everyone know.