Protection Island Rhinoceros Auklet die off 2016 (U.S. Geological Survey)

Dear Mr. Madsen:

On September 16, 2019, the USGS Freedom of Information Act (FOIA) office
received your FOIA request and assigned it control number *USGS-2019-00222*.
Please cite this number in any future communications with our office
regarding your request. You request the following information:

“USGS maintains a bird refuge located on Protection Island at the entrance
to Discovery Bay, Washington. During 2016 a Rhinoceros Auklet seabird
die-off centered on or near Protection Island triggered study by the
University of Washington, and Federal Agencies. USACE (Pam Sangunetti)
postulated the die off related to recently (2015) permitted dredging
activities in Discovery Bay. During 2016 UW (specifically but not limited
to Parrish) studied sea bird die-off at or near Protection Island and/or
Discovery Bay and surrounding waters. Other studies may have been conducted
by USGS and other governmental agencies.”

1. Any and all studies, reports, field notes, correspondence related
to those studies concerning a Rhinoceros Auklet and/or other sea bird
die-off during 2016 at or near Protection Island and or Discovery Bay.

2. Any and all studies, reports, field notes, correspondence related to
other species or wildlife distressed in any way near Protection Island
and/or Discovery Bay during this time, specifically but not limited to
shellfish.

3. During the period of 2007 to present any an all studies, reports,
field notes, and correspondence for any purpose that discuss, study, or
reference in any way Protection Island Discovery Bay, and surrounding
waters.

4. During 2007 to present, any and all grants, contracts, or any form
of agreement with any entity for research in, or study of, Discovery Bay,
Protection Island, and surrounding waters.

5. During the period 2007 to present any and all communications
referencing, discussing, concerning or any way related to Discovery Bay and
Protection Island and surrounding waters between you and any of the
following: USGS, the University of Washington (specifically but not limited
to Dr. Parrish), United States Army Corps. of Engineers (specifically but
not limited to Pam Sangunetti, Michelle Walker, ), EPA (specifically but
not limited to Brenda Bachman, Lisa Anderson-Carnahan, Muffy Walker),
Congress (specifically but not limited to Congressmen Kilmer’s office),
NOAA, US Fish and Wildlife Service, any Washington State government agency
(specifically but not limited to Washington Department of Ecology
(specifically but not limited to Laura Inouye), Washington Department of
Fish and Wildlife (WDFW), or Washington State Recreation and Conservation
Office (RCO), and/or the Governor’s office) and/or any entity involved with
research and or restoration (specifically but not limited to North Olympic
Salmon Coalition).

We have classified you as an “other-use” requester. As such, we may charge
you for some of our search and duplication costs, but we will not charge
you for our review costs; you are also entitled to up to 2 hours of search
time and 100 pages of photocopies (or an equivalent volume) for free. *See
<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#43:1.1.1.1.2.7.5.3>**43
C.F.R. § 2.39
<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#43:1.1.1.1.2.7.5.3>*.
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
<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#43:1.1.1.1.2.7.5.13>**43
C.F.R. § 2.49(a)(1)
<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#43:1.1.1.1.2.7.5.13>*
*.* You can expect to hear from us promptly regarding the outcome of this
search.

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; therefore, we are unable to
process your request at this time. If you wish to pursue your request,
please 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

According to our regulations, if we do not receive your written response
clarifying these points *within 20 workdays* from the date of this letter,
no later than* October 16, 2019*, we will presume that you are no longer
interested in pursuing your request, we will not be able to comply with
your request, and we 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>*
.

If you have any questions concerning your request, please contact me by
email at *foia@usgs.gov <foia@usgs.gov>* or by phone at (303) 236-2733.

Thank you for your interest in the U.S. Geological Survey.

Sincerely,

//SIGNED//

Nour Suleiman

U.S. Geological Survey

Department of the Interior

Denver Federal Center

Box 25046

Mail Stop 801A

Denver, CO 80225

(303) 236-2733 (office)

(303) 236-1451 (fax)

f <bmay@usgs.gov>oia@usgs.gov

Dear Mr. Madsen:

On September 17, 2019, the USGS Freedom of Information Act (FOIA) office
acknowledged your request *USGS-2019-00222, *and requested fee
clarification. On September 20, 2019, we received your fee clarification
in which you agreed to pay up to $25.00 for the processing of your
request. You request the following information:

“USGS maintains a bird refuge located on Protection Island at the entrance
to Discovery Bay, Washington. During 2016 a Rhinoceros Auklet seabird
die-off centered on or near Protection Island triggered study by the
University of Washington, and Federal Agencies. USACE (Pam Sangunetti)
postulated the die off related to recently (2015) permitted dredging
activities in Discovery Bay. During 2016 UW (specifically but not limited
to Parrish) studied sea bird die-off at or near Protection Island and/or
Discovery Bay and surrounding waters. Other studies may have been conducted
by USGS and other governmental agencies.”

1. Any and all studies, reports, field notes, correspondence related
to those studies concerning a Rhinoceros Auklet and/or other sea bird
die-off during 2016 at or near Protection Island and or Discovery Bay.

2. Any and all studies, reports, field notes, correspondence related
to other species or wildlife distressed in any way near Protection Island
and/or Discovery Bay during this time, specifically but not limited to
shellfish.

3. During the period of 2007 to present any an all studies, reports,
field notes, and correspondence for any purpose that discuss, study, or
reference in any way Protection Island Discovery Bay, and surrounding
waters.

4. During 2007 to present, any and all grants, contracts, or any form
of agreement with any entity for research in, or study of, Discovery Bay,
Protection Island, and surrounding waters.

5. During the period 2007 to present any and all communications
referencing, discussing, concerning or any way related to Discovery Bay and
Protection Island and surrounding waters between you and any of the
following: USGS, the University of Washington (specifically but not limited
to Dr. Parrish), United States Army Corps. of Engineers (specifically but
not limited to Pam Sangunetti, Michelle Walker, ), EPA (specifically but
not limited to Brenda Bachman, Lisa Anderson-Carnahan, Muffy Walker),
Congress (specifically but not limited to Congressmen Kilmer’s office),
NOAA, US Fish and Wildlife Service, any Washington State government agency
(specifically but not limited to Washington Department of Ecology
(specifically but not limited to Laura Inouye), Washington Department of
Fish and Wildlife (WDFW), or Washington State Recreation and Conservation
Office (RCO), and/or the Governor’s office) and/or any entity involved with
research and or restoration (specifically but not limited to North Olympic
Salmon Coalition).

Before proceeding with your request, I want to inform you that this request
presents *unusual circumstances* for the following reason: the need to
search for or collect records from a field facility or establishment
separate from the office processing the request. Therefore, we are taking
a 10-workday extension under *43 C.F.R. § 2.19(b)*
<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#43:1.1.1.1.2.4.5.6>
*.*

As a result of the unusual circumstances, your request meets the exceptions
to Section 2 of the FOIA Improvement Act of 2016 rule against assessing
FOIA processing fees. We will notify you if we need to take an additional
extension.

We have classified you as an “other-use” requester. As such, we may charge
you for some of our search and duplication costs, but we will not charge
you for our review costs; you are also entitled to up to 2 hours of search
time and 100 pages of photocopies (or an equivalent volume) for free. *See*
<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#43:1.1.1.1.2.7.5.3>*43
C.F.R. § 2.39*
<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#43:1.1.1.1.2.7.5.3>.
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*
<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#43:1.1.1.1.2.7.5.13>*43
C.F.R. § 2.49(a)(1)*
<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#43:1.1.1.1.2.7.5.13>
*.* You can expect to hear from us promptly regarding the outcome of this
search.

You have agreed to pay up to *$25.00* for the processing of your request.
If we find that this will not cover the cost of processing your request, we
will let you know before we incur additional charges. You can then either
agree to pay the additional amount needed or narrow the scope of your
request.

We use Multitrack Processing to process FOIA requests. The Simple track is
for requests that can be processed in one to five workdays. The Normal
track is for requests that can be processed in six to twenty workdays. The
Complex track is for requests that can be processed in twenty-one to sixty
workdays. The Exceptional/Voluminous track is for requests requiring more
than sixty workdays for processing. The Expedited track is for requests
that have been granted expedited processing. Within each track, requests
are usually processed on a first-in, first-out basis.

Your request falls into the *Complex* processing track. We therefore
anticipate that we will complete a final response to you by *December 17,
2019**.* During the interim, we will attempt to provide records to you in
batches.

You may limit the scope of your request, which may enable us to process it
more quickly, or agree to an alternative time period for processing by
communicating with us or our USGS FOIA Public Liaison, Mr. Brian May, as
follows:

USGS FOIA Office

Attention: Mr. Brian A. May

5522 Research Park Drive

Baltimore, Maryland 21228

Telephone: (443) 498-5521

Fax: (443) 498-5510

E-Mail: foia@usgs.gov

Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. The contact information for OGIS
is as follows:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road-OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Toll free: 1-877-684-6448

Fax: (202) 741-5769

E-mail: ogis@nara.gov;

Web: https://ogis.archives.gov

If you have any questions concerning your request, please contact me by
email at foia@usgs.gov or by phone at (303) 236-2733.

Thank you for your interest in the U.S. Geological Survey.

Sincerely,

//SIGNED//

Nour Suleiman

U.S. Geological Survey

Department of the Interior

Denver Federal Center

Box 25046

Mail Stop 801A

Denver, CO 80225

(303) 236-2733 (office)

(303) 236-1451 (fax)

f <bmay@usgs.gov>oia@usgs.gov

Good morning,

Thank you for your inquiry. Your request is currently 5th in my processing
queue. As mentioned in our acknowledgement letter, we anticipate that we
will complete a final response to you by December 17, 2019. Thank you for
your patience during this time. If you have any questions I can be reached
at (703) 648-7179, or at foia@usgs.gov. Thank you.

Sincerely,

Litsa Marinos
Government Information Specialist
U.S. Geological Survey
Department of the Interior
12201 Sunrise Valley Drive, MS: 159
Reston, VA 20192
(703) 648-7179 (office)
(703) 648-7199 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Dear Mr. Madsen:

I am writing to inform you that, as of yet, we have been unable to make a
determination on your request USGS FOIA 2019-00222. We apologize for
this delay.

Attached is a list of USGS's Open FOIA requests and the processing tracks;
your case is highlighted in yellow. Currently your request is *5th* place
in my processing queue, and *7th* place in our overall processing queue.
DOI's policy is to process requests by processing track, on a first-in;
first-out basis. We have a backlog of 38 cases.

Although we hope that you will wait for us to complete the processing of
your request, please note that you may seek dispute resolution services
from our FOIA Public Liaison and FOIA Officer, Mr. Brian May. He can be
reached at:

U.S. Geological Survey

FOIA Public Liaison

P.O. Box 411

Bel Air, Maryland 21014

Telephone: (443) 750-2620

Fax: (703) 648-7199

Email: foia@usgs.gov <foia@usgs.gov>

You may also seek dispute resolution services from the Office of Government
Information Services (OGIS). If you choose to contact OGIS, you may do so
in any of the following ways:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road - OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Toll-free: 1 (877) 684-6448

Fax: (202) 741-5769

Email: *ogis@nara.gov <ogis@nara.gov>*

Web: *https://ogis.archives.gov
<https://ogis.archives.gov>*

Please note that you may file an appeal with the Department’s FOIA/Privacy
Act Appeals Officer regarding this delay. If you choose to appeal
this delay, you may do so anytime between now and the date we make our
determination on the FOIA request. Appeals arriving or delivered after 5
p.m. Eastern Time, Monday through Friday, will be deemed received on the
next workday.

*Your appeal must be made in writing.* You may submit your appeal and
accompanying materials to the FOIA/Privacy Act Appeals Officer by mail,
courier service, fax, or email. All communications concerning your appeal
should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL."
You must also include with your appeal copies of all correspondence
between you and USGS concerning your FOIA request, including your original
FOIA request and USGS's response. Failure to include with your appeal all
correspondence between you and USGS will result in the Department's
rejection of your appeal, unless the FOIA/Privacy Act Appeals Officer
determines (in the FOIA/Privacy Act Appeals Officer’s sole discretion) that
good cause exists to accept the defective appeal.

Please include your name and daytime telephone number (or the name and
telephone number of an appropriate contact), email address and fax number
(if available) in case the FOIA/Privacy Act Appeals Officer needs
additional information or clarification of your appeal.

*DOI FOIA/Privacy Act Appeals Office Contact Information*

Department of the Interior

Office of the Solicitor

1849 C Street, N.W.

MS-6556 MIB

Washington, D.C. 20240

Attn: FOIA/Privacy Act Appeals Office

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: *FOIA.Appeals@sol.doi.gov
<FOIA.Appeals@sol.doi.gov>*

Please note that using OGIS services does not affect the timing of filing
an appeal with the Department’s FOIA & Privacy Act Appeals Officer. We
regret the delay and appreciate your consideration in this matter. For
more information on FOIA Administrative Appeals, you may review the
Department's FOIA regulations at 43 C.F.R. Part 2, Subpart H
<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>
.

If you have any questions, please contact me by phone at (703) 648-7179, or
by email at foia@usgs.gov.

Thank you for your continued patience while we process your request.

Sincerely,

Litsa Marinos
Government Information Specialist
U.S. Geological Survey
Department of the Interior
12201 Sunrise Valley Drive, MS: 159
Reston, VA 20192
(703) 648-7179 (office)
(703) 648-7199 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Good Morning Mr. Madsen,

Thank you for your email. Ms. Litsa Marinos on my staff has consulted with Canada and other federal agencies. I think that we need to send a few additional consultations and then we may need to send records to the Office of the Solicitor for a legal review, prior to responding to your request.

Darren, can you provide Mr. Madsen with an update about his request today and an anticipated completion date?

Sincerely,

brian
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
P.O. Box 411
Bel Air, MD 21014
(443) 750-2620 (work cell)
(703) 648-7199 (fax)
bmay@usgs.gov<mailto:bmay@usgs.gov>

Mr. Madsen,

Apologizes for the several hour delay however, I wanted to hear back from another agency in order to give you a better idea of where your request is in the process and how long it will take to complete.

All of our reviewing and consulting is complete, but we still need to send it to our Office of Solicitor for a legal review; currently they are averaging 26 work days (so about five weeks). We should have the package to them by early next week. This would put it at January 31, 2020, for us to, 1) send to legal; 2) SOL review and provide a legal review; and 3) we will forward you a final response.

Hope this helps and if you have any additional question, please do not hesitate to call me at the number below.

darren

Darren Hall
Government Information Specialist
(814) 470-6271

This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient (or the recipient's agent), you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies.

Good Morning Mr. Madsen,

Please find our Interim Response and two PDFs, released in their entirety, attached to this email. We will coordinate a legal review for the remaining eight pages because we believe that FOIA Exemption 6 (personal privacy) applies to portions of the eight pages. As Mr. Hall informed you last week, we anticipate sending our final response to you by January 31, 2020. Feel free to call me if you would like to discuss your request with me. Thank you for your patience while we continue processing your request.

Sincerely,

brian
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
P.O. Box 411
Bel Air, MD 21014
(443) 750-2620 (work cell)
(703) 648-7199 (fax)
bmay@usgs.gov<mailto:bmay@usgs.gov>

Dear Mr. Madsen,

We have completed the processing of your request, USGS FOIA Tracking #2019-00222, and I am attaching our response letter and responsive records.

Please let me know if you have any questions or concerns. Thank you for your interest in the U.S. Geological Survey.

darren

Darren Hall
Government Information Specialist
U.S. Geological Survey
Department of the Interior
PO Box 835
Lemont, PA 16851
(814) 470-6271
f<mailto:bmay@usgs.gov>oia@usgs.gov<mailto:oia@usgs.gov>

This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient (or the recipient's agent), you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies.