FOI/202500485634 · FOI/EIR · partially withheld
Advice on Management Measures under the Offshore Fishing (Prohibition of Fishing Methods) (Scotland) Order 2025: EIR release
Information requested
“In regards to the Manage Measures as part of the Offshore Fishing (Prohibition of Fishing Methods) (Scotland) Order 2025. In regards to these Management Measures we wish to see the advice given to Cabinet Secretary for Rural Affairs, Land Reform and Islands, Mairi Gougeon MSP by the Marine Directorate, Nature Scot and the JNCC. The areas we are particularly interested in are the advice on static gear, longlining and gill netting pertaining to the MPA’s Faroe-Shetland Sponge Belt NCMPA and the West of Scotland MPA”.
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.
Response to your request
For the purpose of your request, we have assumed the timeline for your request to be from the date of your first meeting regarding the Offshore Fisheries Management Measures in Marine Protected Areas in November 2021 until the date of your request.
I enclose a copy of some of the information you requested and direct you to other publicly available information. I have provided extracts from longer documents, as the bulk of the information within the documents is out of scope.
Regulation 6(1)(b) – information which is already publicly available and easily accessible in another form or format Some of the information you have requested is available as part of the response to the public consultation on Fisheries Management Measures in Offshore Marine Protected Areas published on 1 September 2025, and the corresponding consultation analysis which was published on 31 January 2025, these include specific feedback from stakeholders on the individual sites and the Government response and were part of the advice to Ministers.
Fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs): consultation analysis - gov.scot Offshore Marine Protected Areas - fisheries management measures: SG response - gov.scot
I have included the link to minutes from a meeting held with JNCC in February 2025 and JNCC’s response following the consultation dated October 2024 below which are publicly available:
Offshore Marine Protected Areas Fisheries Management Measures minutes: February 2025 - gov.scot JNCC’s response concerning proposed fisheries management measures for offshore MPAs in Scotland (October 2024)
I’ve also attached item 4 which is JNCC advice from November 2021 relating to the rationale for the inclusion of static gear, which was the basis of further advice to Ministers.
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.
Regulation 10(4)(e) – internal communications An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege.
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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
In the submission dated 13 May 2025 on Fisheries Management Measures within Offshore Marine Protected Areas (MPAs), there are two relevant sections of advice on static gear related to your request, which focuses on EU vessels. These are quoted below:
“Spain opposed both proposed options for measures in Wyville-Thompson Ridge SAC, disagreeing with the inclusion of longlines in the measures. However, evidence from JNCC shows that, while the risk of contact with features may be low from longlines, the impact of any contact is potentially significant and thus the measures are necessary to meet the statutory conservation objectives.”
“Spanish officials challenged the broader categorisation of gear types within the consultation, notably including long lines as demersal static gears. Officials have considered this and, in line with SNCB advice, gear categorisation for measures will remain as consulted on.”
In a meeting with officials on 15 May 2025 attended by Ms Gougeon, Cabinet Secretary for Rural Affairs, Highlands and Islands the inclusion of long line gear was discussed: “The Cab Sec asked for an indication of support for the 5 sites where a full site closure was recommended. Consultation responses were predominantly supportive for these sites as most sites had little to no fishing activity and industry were on board with the measures. For the West of Scotland MPA, French authorities noted that they disagreed with the inclusion of long line gear in the measures. However, Officials commented that evidence and advice indicate there is a risk of damaging the features of this site with this gear type.”
I have also included item 3 as a PDF file. This was an attachment sent to the Cabinet Secretary as part of a submission following the consultation for approval of the proposed fisheries management measures.
Item 3 is a site by site summary of proposed fisheries management option and policy recommendations. The information included in this file is the relevant information to the sites specified in 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 https://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. Regulation 10(4)(e) – internal communications An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege.