Freedom of Information Request - Rivers Oykel and Cassley and the Kyle of Sutherland
Date: 15 January 2025
Our ref: SIR178336/A4925646
Information Request – Rivers Oykel and Cassley and the Kyle of Sutherland
Your Request
I am extremely concerned about the impact of the building, commissioning and decommissioning of several wind farms around the above rivers and Kyle on the populations of freshwater pearl mussels therein. In order to deal with the EIAs that will be produced by the wind farm companies I need to know where the mussel populations are. I have read research undertaken on behalf of NatureScot and am therefore aware that you have this information.
I appreciate that this information is sensitive because the mussels are critically endangered and I would respect that.
Our Response
As you note in your request, freshwater pearl mussels are a sensitive species in Scotland. The term ‘sensitive’ refers to species that are vulnerable to persecution or over-exploitation. As release of information under the EIRs is a release into the public domain, we do not believe that it is in the public interest to release information that might enable disturbance to these species. We are therefore withholding this information under EIRs Regulation 10(5)(g) – Protection of the environment.
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
