Hunting tickets database

Ben Welsh filed this request with the New York State Department of Environmental Conservation of New York.
Tracking #

W114279-040323

Status
Rejected

Communications

From: Ben Welsh

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

An electronic spreadsheet with all of the hunting tickets issued by your agency from Jan. 1, 2017 up until the day this request is fulfilled. I ask for the complete database with one row per ticket and all releasable metadata fields, including the date, location, violation type and recipient.

This should include, but not be limited to, the type of violations enforced during last fall's "Operation Safe Harvest", which was documented in this news story. https://www.localsyr.com/news/dec-has-written-nearly-150-tickets-this-hunting-season-in-new-york/amp/?fbclid=IwAR0OLo4oGyZ2duzrmni8AUWV5TtkcJ1FW-wGswi4hwN2jovY1GSgsU7AIVs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Ben Welsh

From: New York State Department of Environmental Conservation

Dear Ben:

Thank you for your Freedom of Information Law (FOIL) request. Your request has been received and is being processed. Your request was received in this office on 4/3/2023 and given the reference number FOIL #W114279-040323 for tracking purposes. You may expect the Department's response to your request no later than 5/2/2023.

Record Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

An electronic spreadsheet with all of the hunting tickets issued by your agency from Jan. 1, 2017 up until the day this request is fulfilled. I ask for the complete database with one row per ticket and all releasable metadata fields, including the date, location, violation type and recipient.

This should include, but not be limited to, the type of violations enforced during last fall's "Operation Safe Harvest", which was documented in this news story. https://www.localsyr.com/news/dec-has-written-nearly-150-tickets-this-hunting-season-in-new-york/amp/?fbclid=IwAR0OLo4oGyZ2duzrmni8AUWV5TtkcJ1FW-wGswi4hwN2jovY1GSgsU7AIVs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Ben Welsh

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New York State Department of Environmental Conservation, Record Access Office

From: New York State Department of Environmental Conservation

Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 4/3/2023, Reference # W114279-040323

Date: 04/25/2023 Dear Ben Welsh, I write in response to your Freedom of Information Law (FOIL) request, seeking: An electronic spreadsheet with all of the hunting tickets issued by your agency from Jan. 1, 2017 up until the day this request is fulfilled. I ask for the complete database with one row per ticket and all releasable metadata fields, including the date, location, violation type and recipient. Be advised that your request has been denied. As per POL §89(3)(a), the Department is not obligated to "prepare any record not possessed or maintained" in order to respond to a FOIL request.  Also, in the case of certain responsive documents or portions thereof disclosure would be denied in accordance with one or more of the following provisions of the Public Officers Law (POL):

* POL 87.2.a. Exempted from disclosure by another state or federal statute
* POL 87.2.b. Would constitute an unwarranted invasion of personal privacy under POL 89.2 CPL 160.50 or CPL 160.55 official records and papers relating to a sealed arrest or prosecution If you believe you have been unlawfully denied access to records, you have the right to appeal.  Any such appeal must be submitted in writing and within thirty (30) days of the date of this email.  Appeals must be directed to: FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500 Your FOIL request is now closed.  Please reference FOIL #W114279-040323 in all future correspondence concerning this request.  Thank you. For additional information not requiring additional document requests or an appeal, please contact DEC’s Office of Media Relations at (518) 402-8000 / press.office@dec.ny.gov. (mailto:press.office@dec.ny.gov) Sincerely, Records Access Office

From: Ben Welsh

What if we narrow this request to exclude the names and other identifying information on the citations? They could be replaced with anonymized identifer, perhaps. Would that satisfy your concern about the exemptions?

From: New York State Department of Environmental Conservation

Dear M. Welsh:

Please note that on 4/25/2023 we notified you via email that your FOIL request was denied. Please login to your GQA account to review the fuil text of the email.

An electronic spreadsheet with all of the hunting tickets issued by your agency from Jan. 1, 2017 up until the day this request is fulfilled. I ask for the complete database with one row per ticket and all releasable metadata fields, including the date, location, violation type and recipient.
Be advised that your request has been denied. As per POL §89(3)(a), the Department is not obligated to "prepare any record not possessed or maintained" in order to respond to a FOIL request. Also, in the case of certain responsive documents or portions thereof disclosure would be denied in accordance with one or more of the following provisions of the Public Officers Law (POL):

* POL 87.2.a. Exempted from disclosure by another state or federal statute
* POL 87.2.b. Would constitute an unwarranted invasion of personal privacy under POL 89.2
* CPL 160.50 or CPL 160.55 official records and papers relating to a sealed arrest or prosecution
Thank you.
Records Access

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