Freedom of Information Request - Guga Hunt
Date: 08 September 2025
Our ref: SIR181349/A5397990
Information Request – Guga Hunt
Your Request & Our Response
Can I please see a copy of the licence application submitted by the Men of Ness as I assume this will contain their reasoning that the activity is required for the purposes of obtaining food for 'human consumption' as stated by the Act?
A copy of the licence application and covering email is provided.
Can I please see the minutes of any NatureScot meetings or documentation relating to the conclusion that a licence could be issued and the associated limit determination for 2025? Could this also include the specific section(s) in the Act used in relation to the 'licensing tests' of 'cultural significance' as I would like to refer to them specifically in my copy of the Act?
We have provided the decision and reasoning for the issue of the licence within the information being provided to you.
Further context:
Advice was sought from our Marine Ornithology and local Area Teams. The Licensing Officer then assessed the application based on the comments received and by assessing the application against the three licensing tests as detailed in the statement of reasons (also provided).
The licence was then referred to NatureScots Licensing Manager, the Head of Wildlife Management and then to Scottish Government for approval.
Licences are not issued for the purposes of “cultural significance”
Can I please see a copy of the scientific evidence used by NatureScot in the above process for 2020-2025 and whether this was produced by NatureScot or an independent organisation?
Copies of any population studies, ecological assessments, or other scientific evidence used to inform licensing decisions for the hunt from 2020 is attached, and a Scottish Government report Seabirds: strategic ornithological compensatory measures: review was also referred to. We have not provided a copy of this document as it is already in the public domain.
While we always try to provide all the information that has been requested in this case we have redacted out some parts of the documents for the following reasons:
We have removed all personal data from the information being released to you, as releasing this data in response to an information request, would breach the Data Protection Act 2018, so we have applied, under the EIRs, the exemption 11(2) (Personal Data) to this information.
We have also redacted out information relating to the timescales of when the proposed Guga hunt is due to take place, and information relating to the proposed vessel. Releasing this information into the public domain in response to this request, risks the individuals involved being identified and could lead to them being targeted and/or harassed and pose a risk to public safety. We are withholding this information under EIRs regulation 10(5)(a) (Public Safety).
And a small amount of information which was out-with the scope of the request as it dealt with other subjects.
Remainder of your request:
Has it been confirmed that all the Gannets killed in Gugas have been used for 'human consumption' as this appears to be the key reference in the Act (not cultural significance). My understanding is that the end product is quite unpleasant, but it would be interesting to understand the impact the lack of this food source has had on the community in the three years the licence was not in force between 2021-2024?
The licence is issued for the purpose of human consumption. If gannets are taken or killed for any other reason it would not be covered under the licence and would constitute a wildlife crime.
We cannot comment on impacts of a food source within a community and is out-with the remit of the licence application.
Can I be provided with a list of any other similar bird annual licences that have been issued in Scotland in relation to 'cultural significance'?
No licences have been issued for the purpose of ‘cultural significance’ as this is not a purpose in any of the legislations. Actions done under licence may have cultural significance in themselves, but this is not the primary reason for the application, nor considered as part of the application assessment.
Can it be confirmed if this process is purely internal to NatureScot i.e. is there any consultation process with the Scottish Executive or the general public prior to exemption licences being issued or is this information published somewhere so that the decision could be challenged (including a timetable of events)? If not, how could the process or the Act be changed?
NatureScot are the delegated authority who issue licences. Where there is a novel or contentious application received, we may notify Scottish Government. Some applicants may carry out their own public engagement before an application is submitted. There is no place where application information is published before it is assessed, for applications with public interest, we may publish a statement on our website once it has been assessed outlining our decision. Any change to the underpinning legislation would be a matter for the Scottish Government and the Scottish Parliament.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
