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· FOI/EIR · partially withheld

Marine Scotland's trial electrofishery for razor clams: EIR release

Published
2018-02-27
Received
Responded
Directorate
Marine Directorate
Topic
Marine and fisheries, Public sector
Exemptions
20, 39(2), 3

Information requested

List of scores awarded to applications for Marine Scotland's trial electrofishery for razor clams. Further to my letter of 26 January 2018, the scores of your application have already been provided to you.

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.

Response

The list of points awarded during the sift of applications is provided below. Applications were assessed using the details in Annex C of the application pack with points available for sections 3.1, 3.4, 4.1, 5, 6 Part A&B, 6.26, 6.27, 6.28 and 7.1.

3.1 3.4 4.1 5 6 A&B 6.26 6.27 6.28 7 Total 3 3 4 2 3.43 4 4 3.5 4 30.93 3 3 4 2 3.43 4 4 3.5 4 30.93 2 3 2 2 4 4 4 3 4 28 2 3 3 2 3.57 4 4 4 0 25.57 1 3 2 3 3 2.5 3 3 4 24.5 0 3 4 2 1.49 4 4 3 3 24.49 2 3 3 2 2.86 4 4 3.5 0 24.36 2 3 3 2 2.74 4 4 3.5 0 24.24 1 3 3 2 4 3.5 4 3.5 0 24 1 3 3 2 3.86 3.5 4 3.5 0 23.86 2 1 3 1 3.14 4 4 2.5 3 23.64 2 2 3 1 3.57 4 4 3 1 23.57 2 3 3 2 4 4 4 1.5 0 23.5 2 2 3 2 3.86 3 4 3.5 0 23.36 2 2 2 3 3.57 3 4 3.5 0 23.07 1 3 3 2 2.29 4 4 3.5 0 22.79 1 1 3 3 2.71 4 4 4 0 22.71 0 3 2 2 3.14 2.5 3 3 4 22.64 2 3 2 2 2.54 3.5 4 3.5 0 22.54 2 3 2 2 2.26 3.5 4 3.5 0 22.26 1 1 3 2 2.86 4 4 3.5 0 21.36 1 2 3 1 3.14 4 4 2 1 21.14 1 2 3 1 3.14 4 4 2 1 21.14 3 3 2 2 4 3 2 2 0 21 1 2 3 1 2.57 4 4 2 1 20.57 1 2 2 1 4 4 4 2.5 0 20.5 1 2 3 1 2.57 4 4 2 0 19.57 2 2 1 1 3.03 4 4 2.5 0 19.53 2 1 1 1 3.29 1.6 4 1.5 3 18.39 3 2 1 2 2.74 1 3 3.5 0 18.24 1 3 1 3 3.29 2.5 2 2 0 17.79 2 2 1 1 2.17 4 4 0.5 0 16.67 1 1 1 1 1.86 3 4 3.5 0 16.36 2 2 1 1 3.57 1 2 3.5 0 16.07 1 1 1 0 0.74 3 4 3.5 0 14.24 0 1 1 0 1.57 3 4 3.5 0 14.07 1 1 1 0 0.29 3 4 3.5 0 13.79 1 1 1 0 0.17 3 4 3.5 0 13.67 1 1 1 0 0 3 4 3.5 0 13.5 0 1 1 0 0.57 3 4 3.5 0 13.07 2 1 1 1 2 1 2 1 0 11 0 1 1 0 0.57 2.5 1 3.5 0 9.57 1 2 1 0 0.86 0.5 0 0 2 7.36 1 2 1 0 0.57 0.5 0 0 2 7.07 0 1 2 1 0 0.5 1 0.5 0 6 0 1 0 1 3.29 0 0 0 0 5.29 1 0 0 2 0.86 0 0 0.5 0 4.36 1 1 0 0 2.29 0 0 0 0 4.29

Detected exemption language

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.

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