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FOI/202000036562 · FOI/EIR · partially withheld

Vessel Monitoring System (VMS) data for 45F0, 45F1, 41F2 AND 42F2: EIR release

Published
2020-05-28
Received
2020-05-06
Responded
2020-05-20
Directorate
Marine Directorate
Topic
Marine and fisheries, Public sector
Exemptions
20, 39(2)

Information requested

I was wondering if I can request the following VMS fishing data: • ICES Rectangles 45F0 and 45F1 for Quarter 1 of 2020; • ICES Rectangle 41F2 and 42F2 for Quarter 1 of 2020. If available, the following fields would be useful: • Gear type • Nationality • Length • Tonnage • Activity • Speed

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.

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.

Detected exemption language

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.

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