Information Commissioner's Office

Summary: The complainant requested information from the Marine Management Organisation (-�MMO-�) regarding the number of days vessels spent at sea in the Western Waters area fishing for scallops in each of the first two quarters of 2012, based on calendar day and 24 hour period calculations. The MMO refused the request under regulation 12(4)(a) (information not held). It accepted that it held lists of vessels for the first two quarters of 2012 with days at sea calculated on calendar day and 24 hour period basis. However, as it did not hold lists with days apportioned between the appropriate quarters where a vessel-�s fishing trip spanned two quarters as the complainant was seeking, it argued that the requested information was not held. The Commissioner-�s decision is that regulation 12(4)(a) is not applicable as the MMO does hold the requested information as it holds the necessary data to be able to provide the information in the form requested by the complainant. The Commissioner requires the public authority to provide the complainant with the information in the form that she requested it or to issue a refusal notice setting out the exception, or exceptions, that it seeks to rely on.
Section of Act/EIR & Finding: EIR 12.4.a - Complaint Upheld