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1 Description of document: Requested date: Released date: Posted date: FOIA CASE LOGS for: US Department of the Interior (DOI) Fish and Wildlife Service (FWS) for August-2006/26-October-2006/26-January October-2006/03-November-2006/17-January-2007/ 20-April-2007/21-May August-2008 Date/date range of document: Source of document: US Department of the Interior U.S. Fish and Wildlife Service Division of Information Resources and Technology Management 4401 N. Fairfax Drive, Suite 340 Arlington, VA Phone: 703/ /2501 or 703/ Fax: 703/ The governmentattic.org web site ( the site ) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file

2 United States Department ofthe Interior FISH AND WILDLIFE SERVICE Washington, D.C IN REPLY REFER TO, FWS/PDM FOIA # o... 5 This is in response to your Freedom of Information Act (FOIA) request, dated August 25, You request was for: "A copy ofthe FWS's log offoia requests for calendar year 2004." We have searched our files and are enclosing a listing for most ofthe information that is deemed responsive to your request. However, certain information is being withheld under a FOIA exemption. Some information has been withheld in accordance with 5 U.S.C. 552 (b)(6) (FOIA exemption 6). The Department maintains that an individual has a personal privacy interest in this information. We do not perceive, nor have you stated, any public interest that would be served by disclosing this data that would outweigh the privacy interest of the subject individuals. Therefore, sound grounds exist for withholding the information pursuant to exemption 6 ofthe FOIA, which permits an agency to withhold "personnel and medical files and similar files the disclosure ofwhich would constitute a clearly unwarranted invasion of personal privacy." In addition to myself, the officials responsible for this partial denial are Larry Mellinger, Attorney Advisor, Office of the Solicitor. You may appeal this partial denial to: U.S. Department ofinterior Office ofthe Solicitor Freedom of Information Act Appeals Officer Mail stop 6556, MIB 1849 C Street, NW Washington, D.C

3 2 Your appeal must be in writing and received no later than 30 workdays after the date of this letter or 30 workdays after the records have been made available. A copy ofyour original request and this denial letter should accompany the appeal as well as a brief statement of the reasons why you believe this initial decision to be in error. The appeal should be marked "FREEDOM OF INFORMATION APPEAL" both on the envelope and the face ofthe letter. The fee incurred in responding to your request was minimal and, therefore, has been waived. Ifyou have any questions, please contact me. <3 J a JJ \ Johnny R1 Hunt FWS FOIA Officer Enclosures Document (90 pages)

4 United States Department ofthe Interior FISH AND WILDLIFE SERVICE Washington, D.C IN REPLY REFER TO, FWS/PDM FOIA # N - 3 This is a supplemental response to your Freedom ofinformation Act (FOIA) request, dated August 25, We previously provided a response on October 5, 2006 and provided thirty-three (33) pages. Then we realized that the package was not complete. Your request was for: "A copy ofthe FWS's log offoia requests for calendar year 2004." We apologize for our error, and provide the remaining fifty-seven (57) pages herein deemed responsive to your request. However, certain information is being withheld under FOIA exemption, (5 U.S.C. 552 (b)(6)). The Department maintains that an individual has a personal privacy interest in this information. We do not perceive, nor have you stated, any public interest that would be served by disclosing this data that would outweigh the privacy interest ofthe subject individuals. Therefore, sound grounds exist for withholding the information pursuant to exemption 6 ofthe FOIA, which permits an agency to withhold "personnel and medical files and similar files the disclosure ofwhich would constitute a clearly unwarranted invasion ofpersonal privacy." In addition to myself, the officials responsible for this partial denial are Larry Mellinger, Attorney Advisor, Office ofthe Solicitor. You may appeal this partial denial to: u. S. Depmiment of Interior Office ofthe Solicitor Freedom of Information Act Appeals Officer Mail stop 6556, MIB 1849 C Street, NW Washington, D.C

5 2 Your appeal must be in writing and received no later than 30 workdays after the date of this letter or 30 workdays after the records have been made available. A copy of your original request and this denial letter should accompany the appeal as well as a brief statement ofthe reasons why you believe this initial decision to be in error. The appeal should be marked "FREEDOM OF INFORMATION APPEAL" both on the envelope and the face ofthe letter. The fee incurred in responding to your request was minimal and, therefore, has been waived. If you have any questions, please contact me. Enclosures Document (57 pages) ~~~... Johnny R{H-uRt FWS FOIA Officer

6 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington, D.C IN REPLY REFER TO: FWS/PDM FOIA # JAN This is in response to your Freedom of Information Act (FOIA) request, dated October 26, Your request was for: "A copy of the FWS's log offoia requests FY2002, FY2003, and FY2004." The Department has a mandatory electronic FOIA tracking database system (EFTS) for which the FOIA log can be provided. Therefore, in order to provide the best customer service, we have included the log for the FY2003 calendar year. Per our previous November 3, 2006 supplemental and October 5, 2006 responses, we provided a listing from the EFTS for the FY2004 calendar year. The database is the only means that we have in order to provide a log of the material that you seek. According to our General Records Schedule 23 (attached), entitled "Records Common to Most OUices Within Agencies", item #8, regarding Tracking and Control Records indicates that upon proper authorization by the GRS or a NARA-approved SF 115, records maybe destroyed or deleted when 2 years old, or 2 years after the date ofthe latest entry, whichever is applicable. For your reference, we have provided the National Archives URL address (http://vvww.archives.gov/records-mgmtiardor/records-schedules.html) which provides the General Records Schedule for records retention for government agencies. We have searched our files and are enclosing a listing for most ofthe information that is deemed responsive to your request. However, certain information is being withheld under a FOIA exemption. Some information regarding names within a Privacy Act request has been withheld in accordance with 5 U.S.c. 552 (b)(6) (FOIA exemption 6). The Department maintains that an individual has a personal privacy interest in this information. We do not perceive, nor have you stated, any public interest that would be served by disclosing this data that would outweigh the privacy interest of the subject individuals. Therefore, sound grounds exist for withholding the TAKE PRIDE i~ INAMERICA~

7 2 information pursuant to exemption 6 ofthe FOIA, which permits an agency to withhold "personnel and medical files and similar files the disclosure ofwhich would constitute a clearly unwarranted invasion of personal privacy." In addition to myself, the officials responsible for this partial denial are Larry Mellinger, Attorney Advisor, Office ofthe Solicitor. You may appeal this partial denial to: U.S. Department of Interior Office ofthe Solicitor Freedom of Information Act Appeals Officer Mail stop 6556, MIB 1849 C Street, NW Washington, D.C Your appeal must be in writing and received no later than 30 workdays after the date ofthis letter or 30 workdays after the records have been made available. A copy of your original request and this denial letter should accompany the appeal as well as a brief statement ofthe reasons why you believe this initial decision to be in error. The appeal should be marked "FREEDOM OF INFORMATION APPEAL" both on the envelope and the face ofthe letter. The fee incurred in responding to your request was minimal and, therefore, has been waived. This completes our response. Any fees that may have been associated with your request were minimal and were waived. If you have any questions, please contact me. Enclosures Document (1 00 pages) 0jJ2~~.. (...Johnny (~~t FWS FOIXOfficer

8 3 Partial Exemption B6 (PA) Withholdings on the Following Pages: Pages No. of With holdings on Page P'lZes No. of Withho1dings on Pag:e I I I

9 Transmittal No. 15 August 2005 General Records Schedule 23 GENERAL RECORDS SCHEDULE 23 Records Common to Most Offices Within Agencies This schedule provides for the disposal ofcertain records common to most offices in Federal agencies. It covers administrative subject files; facilitative records such as suspense files, tracking and control records, calendars, and indexes; and transitory documents. This schedule does not apply to any materials that the agency has determined to be nonrecord or to materials, such as calendars or work schedules, claimed as personal. Office Administrative Files described under item 1 are records retained by an originating office as its record ofinitiation ofan action, request, or response to requests for information. This item may be applied only to separate administrative files containing such records as copies ofdocuments submitted to other offices for action including budget feeder documents, purchase orders, and training requests. Item 1 may not be applied to files that also contain program records, and it may not be applied by an office that receives and takes action on documents submitted by other offices. A new item has been added to this schedule to authorize the destruction ofelectronic mail and word processing records maintained by agencies in addition to the copy in the recordkeeping system. This item covers electronic copies ofelectronic mail and word processing records created and used solely to produce the recordkeeping copy, and electronic copies of electronic mail and word processing records that are needed in addition to the recordkeeping copy for dissemination, revision, or updating. 1. Office Administrative Files. [See note after this item.] Records accumulated by individual offices that relate to the internal administration or housekeeping activities ofthe office rather than the functions for which the office exists. In general, these records relate to the office organization, staffing, procedures, and communications, including facsimile machine logs; the expenditure of funds, including budget records; day-to-day administration of office personnel including training and travel; supplies and office services and equipment requests and receipts; and the use of office space and utilities. They may also include copies ofinternal activity and workload reports (including work progress, statistical, and narrative reports prepared in the office and forwarded to higher levels) and other materials that do not serve as unique documentation of the programs of the office. Destroy when 2 years old. [NOTE: This schedule is not applicable to the record copies oforganizational charts, functional statements, and related records that document the essential organization, staffing, and procedures ofthe office, which must be scheduled prior to disposition by

10 Transmittal No. 15 August 2005 General Records Schedule 23 submitting a Standard Fonn (SF) 115 to the National Archives and Records Administration (NARA).] 2-4. Reserved. 5. Schedules of Daily Activities. Calendars, appointment books, schedules, logs, diaries, and other records documenting meetings, appointments, telephone calls, trips, visits, and other activities by Federal employees while serving in an official capacity, EXCLUDING materials detennined to be personal. a. Records containing substantive infonnation relating to official activities, the substance ofwhich has not been incorporated into official files, EXCLUDING records relating to the official activities of high Government officials. (See note after item Sa.] Destroy or delete when 2 years old. (NOTE: High level officials include the heads ofdepartments and independent agene ies; their deputies and assistants; the heads ofprogram offices and staff offices including assistant secretaries, administrators, and commissioners; directors ofoffices, bureaus, or equivalent; principal regional officials; staffassistants to those aforementioned officials, such as special assistants, confidential assistants, and administrative assistants; and career Federal employees, political appointees, and officers ofthe Armed Forces serving in equivalent or comparable positions. Unique substantive records relating to the activities ofthese individuals must be scheduled by submission of an SF lis to NARA. b. Records documenting routine activities containing no substantive information and records containing substantive information, the substance of which has been incorporated into organized files. Destroy or delete when no longer needed for convenience ofreference. 6. Suspense Files. Documents arranged in chronological order as a reminder that an action is required on a given date or that a reply to action is expected and, if not received, should be traced on a given date. a. A note or other reminder to take action.

11 Transmittal No. 15 August 2005 General Records Schedule 23 Destroy after action is taken. b. The file copy or an extra copy ofan outgoing communication, filed by the date on which a reply is expected. Withdraw documents when reply is received. (1) Ifsuspense copy is an extra copy, destroy immediately. (2) Ifsuspense copy is the file copy, incorporate it into the official files. 7. Transitory Records. Records ofshort-term interest (180 days or less), including in electronic form (e.g., messages), which have minimal or no documentary or evidential value. Included are such records as Routine requests for information or publications and copies of replies which require no administrative action, no policy decision, and no special compilation or research for reply; Originating office copies ofletters oftransmittal that do not add any information to that contained in the transmitted material, and receiving office copy iffiled separately from transmitted material; Quasi-official notices including memoranda and other records that do not serve as the basis ofofficial actions, such as notices ofholidays or charity and welfare fund appeals, bond campaigns, and similar records; Records documenting routine activities containing no substantive information, such as routine notifications ofmeetings, scheduling ofwork-related trips and visits, and other scheduling related activities; Suspense and tickler files or 'to-do' and task lists that serve as a reminder that an action is required on a given date or that a reply to action is expected, and ifnot received, should be traced on a given date. Destroy immediately, or when no longer needed for reference, ()r under a predetermined schedule or business rule (e.g., implementing the auto-delete feature of "live" electronic mail systems). i 8. Tracking and Control Records. Logs, registers, and other records used to control or document the status of correspondence, reports, or other records that are authorized for destruction by the GRS or a NARA-approved SF 115. Destroy or delete when 2 years old, or 2 years after the date ofthe latest entry, whichever is applicable.

12 Transmittal No. 15 August 2005 General Records Schedule Finding Aids (or Indexes). Indexes, lists, registers, and other finding aids used only to provide access to records authorized for destruction by the GRS or a NARA-approved SF 115, "EXCLUDING records containing abstracts orother information that can be used as an information source apart from the related records. Destroy or delete with the related records. 10. Electronic Mail and Word Processing System Copies. Electronic copies ofrecords that are created on electronic mail and word processing systems and used solely to generate a recordkeeping copy ofthe records covered by the other items in this schedule. Also includes electronic copies ofrecords created on electronic mail and word processing systems that are maintained for updating, revision, or dissemination. a. Copies that have no further administrative value after the recordkeeping copy is made. Includes copies maintained by individuals in personal files, personal electronic mail directories, or other personal directories on hard disk or network drives, and copies on shared network drives that are used only to produce the recordkeeping copy. Destroy/delete within 180 days after the recordkeeping copy has been produced. b. Copies used for dissemination, revision, or updating that are maintained in addition to the recordkeeping copy. Destroy/delete when dissemination, revision, or updating is completed.

13 United States Departrnent of the lnteriol FISH AND WILDLIFE SERVICE Washington, D.C IN REPLY REFER TO, FWS/PDM FOIA # This is a partial response to your Freedom ofinformation Act (FOIA) request, dated January 26, Your request was for: "I know request a copy of the FWS's log offoia requests for calendar 2005 and for the log for calendar year prefer these logs on paper." The j)t,:partrnent llas a mandatory electronic FOIA tracking database system (EFTS) for which the FOI/\ log can be provided. Therefore, in order to provide the best customer service, we have included the log for the 2005 calendar year. The database is the only means that we have in order to provide a log of the material that you seek. We have searched our files and are enclosing a listing for most of the information that is deemed responsive to your request. However, certain information is being withheld under a FOIA exenlption. S01l1,: infornlcltion regarding names, addresses and personal identifiers within a Privacy Act request has bccn withheld in accordance with 5 U.S.C. 552 (b)(6) (FOIA exemption 6). The Departll1ent maintains that an individual has a personal privacy interest in this information. We do not perceive, nor have you stated, any public interest that would be served by disclosing this data that \vould outweigh the privacy interest of the subject individuals. Therefore, sound grounds exist for withholding the information pursuant to exemption 6 of the FOIA, which pennits an agency to vvithhold "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."

14 2 In addition to myself, the officials responsible for this partial denial are Larry Mellinger, Attorney Advisor, Office of the Solicitor. You may appeal this partial denial to: U.S. Department of Interior Office of the Solicitor Freedom of Information Act Appeals Officer Mail stop 6556, MIB 1849 C Street, NW Washington, D.C Your appeal must be in writing and received no later than 30 workdays after the date ofthis letter or 30 workdays after the records have been made available. A copy of your original request and this denial letter should accompany the appeal as well as a brief statement ofthe reasons why you believe this initial decision to be in error. The appeal should be marked "FREEDOM OF INFORMATION APPEAL" both on the envelope and the face of the letter. The fee incurred in responding to your request was minimal and, therefore, has been waived. This completes this portion of our response. Any fees that may have been associated with processing this response were minimal and were waived. An additional response for the log for the calendar year 2006 is forthcoming. If you have any questions, please contact me. Enclosure Document (85 pages)

15 3 Partial Exemption B6 (PA) Withholdings on the Following Pages: ~- _._- Pages No. of WithholdinQs 011 Pa e Pazes No. of Withholdin s on Pa e ~ ~ ~- "l'),)'" ~-.-,.-,,),) i _.~ ~ ~-_..-- =- :;--=± "l 46 I,) "l 81 1,)

16 United States l)epartll1ent ofthe Interior FISH AND WILDLIFE SERVICE Washington, D,C IN REPLY REFER TO, FWS/PDM FOIA # This is a final response to your Freedom ofinformation Act (FOIA) request, dated January 26, Your request was for: "I know request a copy ofthe FWS's log offoia requests for calendar 2005 and for the log for calendar year I prefer these logs on paper." The Department has a mandatory electronic FOIA tracking database system (EFTS) for which the FOIA log can be provided. Therefore, in order to provide the best customer service, we have included the log for the 2006 calendar year. The database is the only means that we have in order to provide a log ofthe material that you seek. Per our previous response date, April 20, 2007, for which you were provided information deemed pertinent to your request for the log for the 2005 calendar year. We have searched our files and are enclosing a listing for most ofthe information that is deemed responsive to your request. However, certain information is being withheld under a FOIA exemption. Some information regarding names, addresses and personal identifiers within a Privacy Act request has been withheld in accordance with 5 U.S.C. 552 (b)(6) (FOIA exemption 6). The Depatiment maintains that an individual has a personal privacy interest in this information. We do not perceive, nor have you stated, any public interest that would be served by disclosing this data that would outweigh the privacy interest ofthe subject individuals. Therefore, sound grounds exist for withholding the information pursuant to exemption 6 ofthe FOIA, which permits an agency to withhold "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion ofpersonal privacy."

17 In addition to myself, the officials responsible for this partial denial are Larry Mellinger, Attorney Advisor, Office ofthe Solicitor. You may appeal this partial denial to: U.S. Department of Interior Office ofthe Solicitor Freedom ofinformation Act Appeals Officer Mail stop 6556, MIB 1849 C Street, NW Washington, D.C Your appeal must be in writing and received no later than 30 workdays after the date ofthis letter or 30 workdays after the records have been made available. A copy ofyour original request and this denial letter should accompany the appeal as well as a brief statement ofthe reasons why you believe this initial decision to be in error. The appeal should be marked "FREEDOM OF INFORMAnON APPEAL" both on the envelope and the face ofthe letter. The fee incurred in responding to your request was minimal and, therefore, has been waived. This completes this portion of our response. Any fees that may have been associated with processing this response were minimal and were waived. Ifyou have any questions, please contact me. Enclosure Document (84 pages) List of exemption withholdings

18 3 Partial Exemption B6 (PA) Withholdings on the Following Pages: Pa...ws No. of Withholdinlls on Palle Pazes No. of Withholdinlls on Palle

19 Page 1 of 100 Total Xumber Of Records: 960 FOIA Number Requester Last Name Subject A brahamian Request for Documents Relating to the Former Union 01 Facility - Guadalupe Oil Field in San Luis Obispo County, California FWS Galvin All BiOps issued under the ESA for Forest plans and RMPs to the FS or BLM in CA from 1/1/85 to present. F WS Shenvood Yosemite Toad and Sierra Nevada Distinct Population Segment of the Mountain Yellow-Legged Frog "warranted, but precluded" documentation F WS Sargent 47 Pages of information that was sent from the National Marine Fisheries Service (NMFS) for a release determination. The informaiton (copies of documents that were created by the USFWS (FWS)) were considered pertinent to an April 14,2003, FOIA request which was sent to the US Army Coprs of Engineers (CORPS); and they subsequently sent to the NMFS because the two agencies DO1 and DOC) had worked jointly on the project. F WS Sargent " 1.All records relating to any formal or informal programmatic endangered species consultation concerning the sec. 404 nationwide >emit (inwpi) program. Specifically, we understand that the Corps 'initiated formal programmatic [Endangered Species Act] :onsultation with the U.S. FWS and NMFS for the NWP program in 1999.' See 67 Fed. Reg 2028 (Jan 15,2002)... 2.Al1 records elating to the Endangered Species Act section 7(d) determination that the NWP reissuance will not foreclose any options.'' FWS Zukowski zopies of documents relating to recordable disclaimers of interest and RS 2477 claims. We request only those records generated, lodified, or acquired by DOI's Washington, DC ofices since January 1,2003. 'WS Henkin HI: Routine Military training and transformation of the 2nd Brigade 25th Infantry Division for the Island of O'ahu 'WS Peter Iunting and trapping permits as they relate to lynx or lynx habitat. 'WS Kostyack FWO-04-14: splittail. Any records discussing or otherwise relating to the removal of the Sacramento splittail impact fiom the Idangered Species Act list of threatened and endangered species.

20 Page 2 of 100 FWS Macaux SFWO 03-42: splittail. All records related to the Fish and Wildlife Service's decision to remove the Sacramento splittail from the list of threatened species F WS Hensley VENTURA: documents concerning Cal. Least Tern Fatalities at Oceano Dunes and Pismo Dunes recreation area F WS Murray Advisories issued re: river flow for Miss. River, St. Anthony Falls Fork and Dam areas in Minneapolis. F WS Clark 1)The most recent report prepared by the Russian CITES Scientific Authority and submitted to your agency which contains information on the estimated population of sturgeon in the Caspian See region. We have been advised that Mr. Ivakhnenko, the Head of the CITES Mgmt Authority of the Russian Federation, has stated that Russia directly submits these types of reports to FWS. We also understand that this report has subsequently been distributed outside the federal...(see comments section) F W S Knudson Chilean Sea Bass investigations and correspondence F WS Petersan 1)any records that pertain to or, dealing with trapping or hunting impacts regarding lynx or their habitat pursuant to the ESA2)any records that pertain to or deal with the impact of approved trapping activities on lynx,in lynx habitat including, but not limited to:a)any kinds of trapping that have been authorized in lynx habitat on national forests, refuges, state lands and private 1ands;b)whether lynx lave been iincidentally takeni in such traps, whether killed, wounded, or otherwise affected. F W S Seabrook Any and all permit requests submitted by the Georgia Aquarium, Atlanta, GA to the U.S. Fish and Wildlife Service or any other gency under the jurisdiction of the Fish and Wildlife Service. These permit would be in connection to the Georgia Aquarium's btaining animals for display. Copies of any and all permits that may have been issued to the Gergia Aquarium. 7WS Davies itigation-related documents for all cases involving a claim under section 9 of the ESA 'WS Patterson ill memoranda with 2002 from the NPS and the FWS concerning the designation of CH for the southwestern willow flycatcher, ithin the areas of the national park system. WS Keeton eferral from DOI/Office of the Secretary.

21 Page 3 of 100 FWS Schubert A copy of all records stored either in hard copy format or electronically (i.e. correspondence, memoranda, , reports, documents of any kind and all attachments thereto, notes, studies) relied on by the Department of the Interior (DOI) and/or the U.S. Fish and Wildlife Service (FWS) in developing the Drafi Policy for Enchanment-tosurvival Permits for Foreign Species Listed Under the Endangered Species Act (68 FR ). F WS Noone ' IG INV FW S Grey LEMIS Report. F WS Keeton b-4 "The file of the U.S. Attorney in case # 1-00M-0009, which is a closed case prior to the deposition of v on January 15, 2003." FWS Hartinger "...all comments of substance filed with the Service in response to the Service's Proposed Rule, Endangered Status for Scimitar- Horned Oryx, Addax, and Dama Gazelle, 50 CFR Part 17, July 24,2003." Dec. 16, narrowed to exclude name/address of one commenter who asked that we withhold that information. FWS Dailey To inquire regarding the submission on the recent FOIA request and information that was received. F WS Yerk Total number of hunting in a closed area of Medicine Lake NWR citations issued by USFWS personnel in administrative areas 1 and! of Medicine Lake NWR from 1993 through F WS Rinick All documents related to for the importation into the United States of live elephants from Africa or Asia for captive display or other lse (breeding, scientific research, etc) in American zoos and circuses. Please be sure to include all inter office memos, s, faxes, otes, correspondence, and official documents. The materials provided should include all documents for at least the past 5 years. Lequest was modified on 10/21/03 to only provide documents for at least the past 2 years. 'WS Robinson Ul records concerning the kiiling of wolf 592 and trapping of wolf 648, and any documents re: interaction with domestic animals. All iotographs of wolves that may currently be in the wild. 'WS Parker

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