HCP Slideshow Briefings

Jimmy Tobias filed this request with the U.S. Fish And Wildlife Service, Region 4 of the United States of America.
Tracking #

FWS-2020-00692

Est. Completion June 17, 2020
Status
No Responsive Documents

Communications

From: Jimmy Tobias


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any and all slideshows or power point documents submitted to Interior Department headquarters/leadership by FWS Region 4 or its associated field offices concerning the Eastern Collier Multispecies Habitat Conservation Plan and its associated incidental take permit, EIS and Biological Opinion.

I am a reporter for The Guardian and other outlets.

This request seeks records produced since January 1, 2019.

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 20 business days, as the statute requires.

Sincerely,

Jimmy Tobias

From: U.S. Fish And Wildlife Service, Region 4

Dear Jimmy Tobias:

The United States Fish and Wildlife Service (FWS) Headquarters FOIA Office received your request dated May 13, 2020. We have forwarded your request to our Atlanta office for processing. You will receive a formal acknowledgement shortly.

If you have any questions regarding your FOIA request, please contact Tiffany McClurkin at tiffany_mcclurkin@fws.gov.

Respectfully,
Barb

United States Fish and Wildlife Service
Headquarters Freedom of Information Act Office
MS: IRTM
5275 Leesburg Pike
Falls Church, VA 22041

From: U.S. Fish And Wildlife Service, Region 4

Thanks Barb.

I am in receipt of this request. A formal acknowledgement will be sent shortly.

Respectfully,

Tiffany McClurkin
U.S. Fish & Wildlife Service
Headquarters Information Resources & Technology Management
Atlanta Regional Office
FOIA Coordinator

From: U.S. Fish And Wildlife Service, Region 4

Dear Jimmy Tobias:

The United States Fish and Wildlife Service (FWS) Freedom of Information Act (FOIA) office received your request dated May 13, 2020 and assigned it tracking number FWS-2020-00692. Please cite this number in any future communications with our office regarding your request.

You requested the following:

“Any and all slideshows or power point documents submitted to Interior Department headquarters/leadership by FWS Region 4 or its associated field offices concerning the Eastern Collier Multispecies Habitat Conservation Plan and its associated incidental take permit, EIS and Biological Opinion. This request seeks records produced since January 1, 2019.”

We have classified you as a representative of the news media. As such, we may charge you for some of our duplication costs, but we will not charge you for our search or review costs; you also are entitled to up to 100 pages of photocopies (or an equivalent volume) for free. See 43 C.F.R. § 2.39. If, after taking into consideration your fee category entitlements, our processing costs are less than $50.00, we will not bill you because the cost of collection would be greater than the fee collected. See 43 C.F.R. § 2.37(g).

Our regulations require that your request must explicitly state that you will pay all fees associated with processing the request, that you will pay fees up to a specified amount, and/or that you are seeking a fee waiver. Your request does not fulfill this requirement because you have stated “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.” Therefore, we are unable to process your request at this time. If you wish to pursue your request, please provide fee clarification as it is unclear if you will pay fees.
According to our regulations, if we do not receive your written response clarifying these points within 20 workdays from the date of this communication, we will presume that you are no longer interested in pursuing your request. In such circumstances, we will not be able to comply with your request and will close our file on it. See 43 C.F.R. § 2.6(c)<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#se43.1.2_16>and § 2.51(c)<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#se43.1.2_151>.

In the future if you would like to address fees in your initial request, we could perfect your request upon receipt unless of course we need clarification regarding something else.

If you have any questions about our response to your request, you may contact Tiffany McClurkin by email at foiar4@fws.gov<mailto:foiar4@fws.gov> or by phone at (404) 679-4104.
Respectfully,

Tiffany McClurkin
U.S. Fish & Wildlife Service
Headquarters Information Resources & Technology Management
Atlanta Regional Office
FOIA Coordinator

From: Jimmy Tobias

Thank you for the note. As a reporter who plans to use the public records I have requested to publish newsworthy articles of interest to the American public, I request a fee waiver for this FOIA request. Specifically, the records that I am requesting from your agency will significantly contribute to the American public's understanding of whether and how the U.S. Fish and Wildlife Service is protecting the endangered Florida panther's habitat in southern Florida. It will also shed light on which business interests and lobbyists are influencing the agency's decision making. The Florida panther's survival, and the general implementation of the ESA, is an issue of the utmost importance, as it pertains directly to the U.S. government's commitment to mitigating the extinction crisis that threatens wildlife around the country. As such, I request all fees in this matter be waived.

I have a long track record of publishing important stories of public interests on the U.S. Fish and Wildlife Service, and intend to continue doing this work with the help of the documents your agency provides. You can find an example of my work here: https://www.theguardian.com/us-news/2018/oct/18/trump-administration-us-endangered-species-discussions-secret

If the agency denies me a fee waiver, I am willing to pay up to $50 in fees.

If you have any further questions, please contact me at 248-763-0088.

Sincerely,

Jimmy Tobias

From: U.S. Fish And Wildlife Service, Region 4

Good Afternoon Mr. Tobias,

Thanks for your reply.

You have asked us to waive the fees for processing your request. Our FOIA regulations state that bureaus will waive, or partially waive, fees if disclosure of all or part of the information is (1) In the public interest because it is likely to contribute significantly to public understanding of government operations or activities, and (2) Not primarily in your commercial interest. See 43 C.F.R. § 2.45(a). Our FOIA regulations also provide four specific criteria that are used to determine whether these two requirements are met. See 43 C.F.R. § 2.48(a). Your request meets the requirements and your fee waiver has been granted.

We use Multitrack Processing to process FOIA requests. The Simple track is for requests that would generally take one to five workdays to process. The Normal track is for requests that would generally take six to twenty workdays to process. The Complex track is for requests that would generally take twenty-one to sixty workdays to process. The Extraordinary track is for requests that would generally take more than sixty workdays to process. The Expedited track is for requests that have been granted expedited processing, which are processed as soon as practicable. Within each track, requests are usually processed on a first-in, first-out basis.

Your request falls into the Normal processing track. Presuming that our current FOIA capacity and burden remain constant, we expect that we will dispatch a determination to you by June 17, 2020.

If you have any questions about our response to your request, you may contact Tiffany McClurkin by email at foiar4@fws.gov<mailto:foiar4@fws.gov> or by phone at (404) 679-4104.

Respectfully,

Tiffany McClurkin
U.S. Fish & Wildlife Service
Headquarters Information Resources & Technology Management
Atlanta Regional Office
FOIA Coordinator

From: U.S. Fish And Wildlife Service, Region 4

Hello Mr. Tobias,
The U.S. Fish and Wildlife Service (FWS) received your Freedom of Information Act (FOIA) request dated May 13, 2020 and assigned it control number FWS-2020-00692. Please cite this number in any future communications with our office regarding your request.
Please see the attached response letter.
United States Fish and Wildlife Service
Headquarters Freedom of Information Act Office
MS: IRTM
5275 Leesburg Pike
Falls Church, VA 22041

From: U.S. Fish And Wildlife Service, Region 4

DOI-FWS-2020-00692has been processed with the following final disposition: No Records.

Dear Mr. Tobias,

The U.S. Fish and Wildlife Service (FWS) received your Freedom of Information Act (FOIA) request dated May 13, 2020 and assigned it control number FWS-2020-00692. Please cite this number in any future communications with our office regarding your request.

Please see the attached response letter.

United States Fish and Wildlife Service
Headquarters Freedom of Information Act Office
MS: IRTM
5275 Leesburg Pike
Falls Church, VA 22041

From: U.S. Fish And Wildlife Service, Region 4

Hello Mr. Tobias,

Thank you for your email. We sent a final responsive letter on August 19, 2020 through our new system. We were probably still dealing with tech issues and updates during that time. Apologies since you did not received the response. Attached is the responsive letter.

Thank you,
Maritiza Harris

United States Fish and Wildlife Service
Headquarters Freedom of Information Act Office
MS: IRTM
5275 Leesburg Pike
Falls Church, VA 22041

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  • 08/19/2020

    2020-00692 Signed Final Response Letter 8.19.2020

  • 08/19/2020

    DOI-FWS-2020-001196 Invoice-20200819151305922

  • 09/18/2020

    2020-00692 Signed Final Response Letter 8.19.2020