EIR/202600514098 · FOI/EIR · not held
Solway Half Net River Annan salmon sampling data: EIR release
Information requested
When restrictions were first put on killing Solway Salmon by the half netters there was a spell where they were allowed to keep a limited number but the stomachs had to be observed before the fish were returned to the netters. Was any information recorded about what was found and if so how do i get to view it.
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.
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. Under the terms of the exception at regulation 10(4)(a) (information not held), the Scottish Government is not required to provide information which it does not have.
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 data relating to stomach analysis of Solway Salmon, we cannot provide information which we do not hold.
Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.
However, whilst we have been unable to locate any information you have specifically requested regarding stomach analysis, we have provided some information below that you may find helpful, which is in relation to a fecundity analysis project which was completed in 2016.
Samples were taken from the Solway where 28 female fish from the Annan haaf nets were sampled, and I attach the findings of that project along with the sampling and laboratory methodology at Annex A which may be of interest to you.
On reviewing the material attached at Annex A, some information has been redacted under Regulation 10(4)(e) (internal communication).
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 some public interest in releasing the information as part of an open, transparent and accountable government. However, this is outweighed by the greater public interest in allowing Scottish Government officials a private space to share free and frank views for the purpose of deliberation.
About FOI
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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. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.