FOI 350_Bakkafrost - Little Colonsay

Request

1. What happens where the Crown has granted the right to fish for salmon to one person but then grants out rights is the sea or seabed to other users, leading to a competition of rights?
2. [Did] Crown Estate [take] steps to investigate any potential conflict between the explicit rights detailed in my family's title and the grant of the option/lease to Bakkafrost and that it is confident that no such conflict exists.

3. If this is the case, I would be grateful if you could share the basis for reaching this conclusion.

   
   Response

   Generally, a process is followed for new agreements between Crown Estate Scotland and external parties:
   • Application is received by Crown Estate Scotland
   • A Proximity Report (CoRe Report) is generated which captures the existing titles, licences and leases recorded with Crown Estate Scotland
   • A plan is generated of the area noted in the application
   • Records of titles and existing leases are noted and potential conflicts are investigated
   • Crown Estate Scotland facilitates conversations about potential conflicts Crown Estate Scotland with all relevant parties
   • Missives are concluded

With regards to your queries listed above: 

1. When a new application is made, a ‘Proximity Report’ is undertaken. Any existing agreements are noted at this stage. If there are existing agreements where a conflict could arise, interested parties are then approached and CES facilitate a discussion about the potential conflict in the next stage of the application process. Rights and obligations will be specific to each agreement.
2. When the ‘Proximity Report’ was undertaken for the Bakkafrost Scotland application for the area on the east coast of Little Colonsay no existing fishing rights were identified.

3. When creating the 'Proximity Report’ for the Bakkafrost Scotland application all current Crown Estate Scotland records were searched for relevant input. A historical plan of the fishing rights in the Oban and Iona area was also surveyed. A record of CES foreshore was also taken into account.
    

   Please find enclosed

• A copy of the ‘Proximity Report’ (CoRe Report) (attachment titled XX100-485C_Report)
• A For Information Only plan showing CES foreshore around Little Colonsay (attachment titled LittleColonsay-Foreshore_09Oct2024). To clarify this is spatial information from our systems and, as titled, for your information only. Please request any title deeds from Registrars of Scotland who are responsible for compiling and maintaining records relating to property and other legal documents.

• A historical Oban and Iona fishings plan used to evidence the absence of existing agreements on the east coast of Little Colonsay (attachment titled Ordnance Survey of Scotland Oban and Iona). Please note that this historical plan is not up to date and is used alongside CES current online records to ensure due diligence is carried out.
   

  The redactions in ‘BLACK’ are personal data as defined under the UK General Data Protection Regulation (UK GDPR). Disclosure of such information would contravene the principles of UK GDPR. Therefore section 11(2) – third party personal data, under EIRs is
  applied.
  Crown Estate Scotland does not conduct research into title deeds, including historic title deed boundaries, on behalf of individuals. For research regarding title deeds, you can contact Registers of Scotland.

  You can search their website for listings of title holders in the Little Colonsay area: Search by map - ScotLIS - Registers of Scotland (ros.gov.uk)
  You can contact Registers of Scotland for further assistance here: Contact us - Registers of Scotland (ros.gov.uk)