Trout Genetic Markers for Stocking Colorado River (FWS)

Jason Smathers filed this request with the U.S. Fish and Wildlife Service, Region 2 of the United States of America.
Tracking # FWS-2014-00955
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A copy of the specification for any breeding or stocking program where trout are bred or stocked in the Colorado river between Lake Mead and Lake Havasu. This includes a description of the genetic markers sought or required in the trout bred or stocked and a description of the breed standard or other document that describes the breed or the specific type of trout that is acceptable to the government for stocking in the Colorado river. Please include records concerning any trout stocked in these waters between January 20, 2009 and the date which this request is processed.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers

From: Defilippo, MaryLou

Hi Jason,

That is not in the Region I cover. You would have to contact Region 6 for
Colorado, and Region 8 for Nevada. I know Lake Mead & Lake Havasu are in
Nevada as I've been to both - beautiful!

Hope this helps.
MaryLou
--
MaryLou DeFilippo
FOIA Coordinator/External Affairs Secretary
U.S. Fish & Wildlife Service
300 Westgate Center Drive
Hadley, MA 01035
Phone: 413-253-8561
E-Mail: MaryLou_Defilippo@fws.gov

From: Jason Smathers

MaryLou,

Both lakes border Arizona and the fish hatchery is on the Arizona side of the river. Can you please inform me of the proper FOIA contact for this? Are you able to forward my request to the proper office for direct response to me?

Thanks!

Regards,
Jason Smathers

From: Defilippo, MaryLou

Hi Jason ~

Both requests you sent me this morning with regard to the Colorado River
would not be my Region.

I've attached a link so you will know which region covers which states:
http://www.fws.gov/where/

Also contact info link: http://www.fws.gov/irm/bpim/foiawhere.html

Hope this helps.
MaryLou
--
MaryLou DeFilippo
FOIA Coordinator/External Affairs Secretary
U.S. Fish & Wildlife Service
300 Westgate Center Drive
Hadley, MA 01035
Phone: 413-253-8561
E-Mail: MaryLou_Defilippo@fws.gov

From: MuckRock

Hello,

The FOIA request below was accidentally sent to the wrong region FOIA officer earlier today. Please consider this a submission to your office, and please confirm receipt.

Thank you!

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Ikenson, Melanie

Mr. Smathers: I'm sorry to have been out of touch. We did receive your 7
new requests. I'm working with our Fisheries Division on a response. I'll
let you know if we need any clarification of your requests.

Thank you,
Melanie

Melanie Ikenson
ESA Litigation/FOIA Coordinator (Region 2)
USFWS-Ecological Services
500 Gold Ave SW (Room 6034)
Albuquerque, NM 87102
505-248-6284

From: Jason Smathers

Ms. Ikenson,

Can you please provide me with the current status for my requests and an estimated date of completion? Further, can you please provide a tracking number for each request? For tracking purposes, it is helpful to me if you respond to each request individually using the email address the request was sent from.

Also, please note that search fees are no longer billable since this is a non commercial request and a statutory deadline has been missed. The 2007 amendment to the Freedom of Information Act prohibited such fees: "[a]n agency shall not assess search fees ... if the agency fails to comply with any time limit under paragraph (6)" and paragraph 6 requires a determination within 20 days of receipt of a FOIA request, and allows for a ten day extension in the case of unusual circumstances if a written notice is provided to the requester. No notice of unusual circumstances has been received and even the 30 days has passed.

Thank you. I appreciate your help in this matter.

Regards,
Jason Smathers

From: Jason Smathers

FOIA APPEAL

Dear Appeals Authority,

This is an appeal under the Freedom of Information Act.

On April 10, 2014 I made a FOIA request for "A copy of the specification for any breeding or stocking program where trout are bred or stocked in the Colorado river between Lake Mead and Lake Havasu. This includes a description of the genetic markers sought or required in the trout bred or stocked and a description of the breed standard or other document that describes the breed or the specific type of trout that is acceptable to the government for stocking in the Colorado river. Please include records concerning any trout stocked in these waters between January 20, 2009 and the date which this request is processed."

Further, on June 3, 2014 I requested an estimated date of completion, but this information has not been provided.

Over two months have passed, which exceeds the statutory deadline. Therefore, I appeal the constructive denial of my request.

I also appeal the denial of an estimated date of completion, which the law requires a response to.

Please provide the requested records.

Regards,
Jason Smathers

From: U.S. Fish and Wildlife Service, Region 2

A cover letter granting the request and outlining any exempted materials, if any.

From: U.S. Fish and Wildlife Service, Region 2

A first set of responsive documents from the agency, with more to be sent at a specified date.

From: U.S. Fish and Wildlife Service, Region 2

A cover letter granting the request and outlining any exempted materials, if any.

From: U.S. Fish and Wildlife Service, Region 2

A copy of documents responsive to the request.

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