Razor Clam Trial from 01/01/24 to 16/04/25: EIR release

Information requested

"Please provide the following Freedom of information Request 

During the Razor clam trial thats taken place please provide the following information

• During the Razor Clam Trial from 01/01/24 to 16/04/25 how many Vessels have breached the terms and Conditions of the Trial?
• What Action was taken against vessels found to be in breach of these Terms?"

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.

I enclose a copy of all of the information you requested:

Between 01/012024 and 16/04/2025:

9 vessels breached the terms and conditions of the trial.

Action taken included verbal rebriefs, advisory and 2nd advisory letters and one warning letter.

Please note that your requests for information on this topic have been considered manifestly unreasonable in the past, as we have judged them to form part of a campaign that does not have a serious purpose or value; is designed to cause disruption or annoyance to the public authority; and has the effect of harassing the public authority. On this occasion we are releasing the information requested but if we subsequently receive further requests on this matter in a short period, we will consider you to have resumed this campaign and will treat them as necessary to protect the credibility and effectiveness of the EIRs.

About FOI

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