MFVP Barrule

Summary

A request was made regarding the MFVP Barrule's fisheries protection voyages and its operational status, specifically whether it was laid up due to technical difficulties. The authority disclosed monthly voyage counts but withheld specific dates under a crime prevention exemption, while clarifying that the vessel has not been laid up this year.

Key Facts

• The MFVP Barrule has not been laid up in 2022 due to technical difficulties.
• Specific dates of voyages were withheld to prevent prejudice to crime detection and apprehension.
• The vessel completed 25 voyages on fisheries protection duties between January and August 2022.
• No voyages were recorded for the MFVP Barrule in September 2022 up to the 12th.
• Six additional patrols were carried out by the vessel Enbarr during 2022.

Data Disclosed

• January: 4 voyages
• February: 2 voyages
• March: 2 voyages
• April: 5 voyages
• May: 4 voyages
• June: 1 voyage
• July: 2 voyages
• August: 5 voyages
• September (up to 12th): 0 voyages
• 6 additional patrols by Enbarr
• Request received: 2022-09-12
• Response date: 2022-09-29

Exemptions Cited

• Section 32(1) of the Freedom of Information Act 2015 (prevention or detection of crime; apprehension or prosecution of offenders)

Original Request

1. How many voyages and on what dates has the MFVP Barrule made in this calendar year to date on fisheries protection duties? 2.How often and for which periods in this calendar year has the MFVP Barrule been laid up and what were the reasons for it being laid up? 3. Is it true that the MFVP Barrule is currently laid up and is unable to go to sea on fisheries protection duties because of "technical difficulties"? 4 Is it true that the MFPV Barrule will remain laid up with "technical difficulties" until October 2022 at the earliest? 5. What do the crew of the MFVP Barrule do to occupy their time whilst the vessel is laid up?

Data Tables (2)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 2625233 29th September 2022

Dear ###,

We write further to your request which was received on the 12th September 2022 and which states:

"1. How many voyages and on what dates has the MFVP Barrule made in this calendar year to date on fisheries protection duties? 2.How often and for which periods in this calendar year has the MFVP Barrule been laid up and what were the reasons for it being laid up? 3. Is it true that the MFVP Barrule is currently laid up and is unable to go to sea on fisheries protection duties because of "technical difficulties"? 4 Is it true that the MFPV Barrule will remain laid up with "technical difficulties" until October 2022 at the earliest? 5. What do the crew of the MFVP Barrule do to occupy their time whilst the vessel is laid up?"

On the 23rd September clarification was sought on what you meant by the term “laid up” and on the 24th you responded as below. “The term “laid up” generally means that a vessel has been taken out of service; which can be for a variety of reasons. In this case my understanding is that the Barrule has been taken out of service because of “technical difficulties” which render it unable to go to sea and it hasn't been to sea carrying out its purpose - which is to protect the Island's fishery - for several weeks or months, and it's unable to go to sea until these “technical difficulties have been overcome. It's currently “laid up” at a berth towards the seaward side of the Victoria Pier. In the meantime, I understand that some of the crew have been re-employed cutting grass at the Fish Hatchery.” Response Question 1 How many voyages and on what dates has the MFVP Barrule made in this calendar year to date on fisheries protection duties?

The number of voyages on which fisheries protection duties were undertake is presented below. Specific dates have not been provided for the reasons covered below. Month Number of voyages January 4 February 2 March 2 April 5 May 4 June 1 July 2 August 5 September (up to 12th September 2022) 0 6 additional patrols have been carried out on Enbarr during 2022. While our aim is to provide information, whenever possible, in this instance your request for specific dates is exempt under section 32 (1) of the Freedom of Information Act 2015, as disclosure of this information would be likely to prejudice:

(a) the prevention or detection of crime; (b) the apprehension or prosecution of offenders; As this is a qualified exemption it must be subject to a prejudice test. Disclosure of the specific dates on which the FPV Barrule has been at sea would prejudice the interests of the Department in the monitoring of the territorial seas and apprehension of suspected offenders by allowing potential offenders to predict future behaviour. As a consequence of this knowledge illegal activity could take place which would then compromise the sustainability of stocks. As section 32 is a qualified exemption, it is also subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • Open and transparent use of information. • Better awareness of use of the Barrule vessel. • Provides reassurance to fishing industry. • Provides reassurance to the public.

Factors in favour of withholding • Disclosure would undermine the Department’s legitimate objective of monitoring of the territorial seas and apprehension of suspected offenders. • Release would help to facilitate a detailed understanding of usage and tactics which may harm future operations. • General raised awareness of Fisheries Directorate’s enforcement tactics. • Raised awareness of pattern of use could encourage illegal fishing activities which would then impact stock sustainability.

• A consequence of the above would be the hindrance of the prevention and detection of crime.

In taking these factors into account the Department of Environment, Food and Agriculture has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Question 2 How often and for which periods in this calendar year has the MFVP Barrule been laid up and what were the reasons for it being laid up? The MFVP Barrule is not and has not been laid up this year due to technical difficulties which render it unable to go to sea. Question 3 Is it true that the MFVP Barrule is currently laid up and is unable to go to sea on fisheries protection duties because of “technical difficulties”? Please see the answer to Question 2. Question 4 Is it true that the MFVP Barrule will remain laid up with “technical difficulties” until October 2022 at the earliest? Please see the answer to Question 2. Question 5 What do the crew of the MFVP Barrule do to occupy their time whilst the vessel is laid up? The use of FPV Barrule is only one aspect of the Department’s enforcement strategy, and is complimented by the use of the standalone RIB Enbarr, the Vessel Monitoring System, which utilises satellite technology to provide positional data for fishing vessels, and shore-side enforcement such as quayside checks on fishing vessels, recreational angler checks and site visits to inspect fish processors and retailers. If and when the crew are not needed on the FPV Barrule these complimentary activities may be increased, as appropriate. The Department may also seek to redeploy any staff that are not utilised in this way, usually within other areas of the Fisheries Division.

Please quote the reference number 2625233 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.