EIR/202600514775 · FOI/EIR · not held
Fish Health Inspectorate referrals to the Animal and Plant Health Agency: EIR release
Information requested
I am writing to request information under the Freedom of Information (Scotland) Act 2002 regarding several inspection cases and mortality events recorded by the Fish Health Inspectorate (FHI) which were referred to the Animal and Plant Health Agency (APHA).
The cases include:
Inspection Cases
Site name Case # Date of visit Details Hellisay 2021- 0352 22/09/2021 No facility to separate cleanerfish from salmon. 21,670 fish died due to handling and lice treatments and 9,307 due to Pseudomonas in August (88.06% mortality). Input count 47,948 - total mortality until August 43,746 (91.2% total) - reported to APHA. Bagh Dail Nan Cean 2022- 0578 17/11/2022 During the inspection it was found that the site had suffered 100% mortalities of their lumpfish since input. Of these 86,614 were recorded with cause and around 100,000 had not been recorded. This has been referred to the Animal and Plant Health Agency, as they have responsibilty for welfare MacLean's Nose 2023- 0093 07/03/2023 The lumpfish mortality (53.13%) was following three days of severe storms, no issues with the salmon. All pens affected. No issues prior to this with significant lumpfish mortalities. No issues occurred due to storms since. This mortality event will be referred to APHA. Fishnish (A) 2023- 0543 28/11/2023 Farmed lumpfish were imported from Ireland in December 2022 but staff struggled to remove them before a 12hr FW treatment so all were lost as a result, with none remaining on site. APHA have been made aware of this.
Mortality Reports
Mortality Event No. Site Name Date reported Total mortality during event Action taken by FHI MRT02314 Poseidon 25/08/2021 7,983 Contacted Grieg, during a sea lice traetment the incorrect size of tarp had been used resulting in a higher concentration of salmosan on one pen. The procedure was corrected for the remaining pens with the treatment being administered correctly. APHA informed. MRT03186 Applecross Hatchery 05/09/2022 1,576,522 Senior biologist contacted; Update site number FS1336 and average weight 1g. Fry and parr on site. Only fry effected - no fry remaining on site now. Issue with hydrogen sulphide levels - thought to be due to a dead section in the system not flushing and collecting waste. A similar issue occured at Applecross smolt unit 17/1/22. Feed input has been reduced and PH modified. Biologist on site on the Monday and no issues were apparent. Extensive mortalities were observed on the Thursday. APHA to be informed. MRT03956 Applecross Hatchery 22/05/2023 797,014 This mortality was in parr unit (separate from the fry unit detailed in wk18 mortalities). Issues with pH in water. Lag in between pH buffer added and probe feedback. Changes have been made to probes and protocols for improved real time feedback to reduce lag nd improve response. Mortalities in remaining stock being closely monitored and they may be culled. Discussed with CETA and he will inform APHA. MRT04449 Shuna Castle 26/09/2023 3,836 Ongoing mortality reduced from previous notification. APHA contacted due to potencial welfare incident as feed was withdrawn for three weeks. Visit scheduled. FHI to monitor. MRT04997 Applecross Smolt Unit 27/05/2024 192,609 Reported to APHA. FHI to monitor.
For each case listed above, please provide:
1. Copies of the referral notifications or communications sent by FHI to APHA. 2. Any follow-up correspondence between FHI and APHA regarding these cases. 3. Any updates received by FHI from APHA about investigations, outcomes, or enforcement. 4. Any internal discussions within FHI regarding the outcome or handling of these cases.
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.
Request for information in relation to inspection cases and mortality events recorded by the Scottish Government’s Fish Health Inspectorate (FHI) which were subsequently referred to the UK Government’s Animal and Plant Health Agency (APHA)
Please note that for the purposes of our response below we have provided answers to each of the four specific points raised on a site by site basis.
Site 1 (Hellisay)
Points 1, 2 & 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any referral notifications, communications and/or correspondence between the FHI and APHA in relation to the specific inspection case at Hellisay (that took place on 22 September 2021) referred to in your request.
Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Point 4
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.
Copies of internal discussions within the FHI in relation to the inspection case at Hellisay (that took place on 22 September 2021) have been published on the Scottish Government website as part of our response to EIR request 202400422642. You may wish to review pages 176 and 177 of the materials released which can be found here as these contain information in relation to Hellisay.
Site 2 (Bagh Dail Nan Cean)
Points 1, 2 & 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any referral notifications, communications and/or correspondence between the FHI and APHA in relation to the specific inspection case at Bagh Dail Nan Cean (that took place on 17 November 2022) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Point 4
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.
Copies of internal discussions within the FHI in relation to the inspection case at Bagh Dail Nan Cean (that took place on 17 November 2022) have been published on the Scottish Government website as part of our response to EIR request 202400422642. You may wish to review the materials released which can be found here.
Site 3 (MacLean’s Nose)
Points 1, 2 & 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any referral notifications, communications and/or correspondence between the FHI and APHA in relation to the specific inspection case at MacLean’s Nose (that took place on 7 March 2023) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Point 4
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Site 4 (Fishnish)
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.
Copies of internal discussions within the FHI and correspondence with APHA in relation to the inspection case at Fishnish (that took place on 28 November 2023) have been published on the Scottish Government website as part of our response to EIR request 202400422642. You may wish to review document 18 (pages 198 to 200) of the materials released which can be found here.
Site 5 (Poseidon)
Points 1, 2 & 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any referral notifications, communications and/or correspondence between the FHI and APHA in relation to the specific mortality report for the Poseidon site (dated 25 August 2021) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Point 4
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Site 6 (Applecross Hatchery, report of 5 September 2022)
Points 1, 2, 3 & 4
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any referral notifications, communications and/or correspondence between the FHI and APHA in relation to the specific mortality report for the Applecross Hatchery site (dated 5 September 2022) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Site 7 (Applecross Hatchery, report of 22 May 2023)
Points 1, 2 & 4
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Point 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any updates from the APHA to FHI regarding investigations, outcomes, or enforcement actions in relation to the specific mortality report for the Applecross Hatchery site (dated 22 May 2023) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Point 4
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Site 8 (Shuna Castle)
Points 1 & 2
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Points 3 & 4
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any updates from the APHA to FHI nor any internal FHI communications in relation to the specific mortality report for the Shuna Castle site (dated 26 September 2023) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
Site 9 (Applecross Smolt Unit)
Points 1 & 2
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
Points 3 & 4
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we hold no records of any updates from the APHA to FHI nor any internal FHI communications in relation to the specific mortality report for the Applecross Smolt Unit site (dated 27 May 2024) referred to in your request. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about guidance to the local authorities on the subject areas relating to your request, clearly 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.
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. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.