Razor Clam scientific trial details: EIR release

Information requested

During and since the Start of The Razor Clam scientific Trial how many vessels have been found to have altered fishing gear without the required permission?

During and since the Start of The Razor Clam scientific Trial how many vessels has been terminated from the Trial for breaching the above conditions?

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

The answer to your question as follows;

During and since the Start of The Razor Clam scientific Trial how many vessels have been found to have altered fishing gear without the required permission?

The terms and conditions of the trial state:

3.6 The gear and equipment inspected by Marine Scotland Compliance prior to the issuing of the derogation must not be altered, removed or replaced without prior authorisation by Marine Scotland. Before the vessel is authorised to return to sea the derogation certificate must be amended by Marine Scotland, which may include a new inspection of the equipment on board.

At the time of receipt for this information request on 24 April 2023, three vessels had been found to have breached terms and conditions of the electrofishing for razor clams scientific trial for altering fishing gear without the required permission.

During and since the Start of The Razor Clam scientific Trial how many vessels has been terminated from the Trial for breaching the above conditions?

As previously stated under trial term and conditions,

3.6 The gear and equipment inspected by Marine Scotland Compliance prior to the issuing of the derogation must not be altered, removed or replaced without prior authorisation by Marine Scotland. Before the vessel is authorised to return to sea the derogation certificate must be amended by Marine Scotland, which may include a new inspection of the equipment on board.

Additionally, the Scottish Government reserves the right to suspend or revoke derogations when it is necessary for the management of the trial, and if the trial’s rules and objectives are found to be undermined. This is stated in condition paragraph 8.1 “Marine Scotland will take action where necessary against vessels which breach the conditions of the trial or any other general fishery regulations. Action may range from advisory or administrative sanctions, including permanent expulsion from the trial to formal enforcement action.”

At the time of receipt for this information request on 24 April 2023, three vessels have been terminated from the electrofishing for razor clams scientific trial for breaching the terms and conditions under paragraph 3.6.

Under regulation 9 of the EIRs (duty to provide advice and assistance), I am advising you that future information requests will be considered in its own merit but could be treated as vexatious under regulation 10 (4)(b) manifestly unreasonable. The Scottish Government will consider if complying would require a disproportionate amount of time and the diversion of an unreasonable proportion of our resources away from other statutory and regulatory functions.

The following factors are relevant to determining whether a request is manifestly unreasonable:

1. It would impose a significant burden on the public authority.
2. It does not have a serious purpose or value.
3. It is designed to cause disruption or annoyance to the public authority.
4. It has the effect of harassing the public authority.
5. It would otherwise, in the opinion of a reasonable person, be considered to be manifestly unreasonable or disproportionate.

The request may also be manifestly unreasonable if:
(i) there is no additional information that can be provided because all relevant information has already been disclosed.

The decision to reject a request on manifestly unreasonable grounds is one the Scottish Government does not take lightly and very rarely exercises. We recognise and encourage disclosing information as part of an open, transparent and accountable government, an to inform public debate. However, should you request further information on the topic of razor clams, the Scottish Government will consider enforcing regulation 10 (4)(b) and may not provide response to future requests.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.