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<div>Some of you may be aware of a USFWS and Humane Society
International scuffle over FOIAble information on wildlife
imports. We and a lot of others do not want our personal
information FOIAble. Ellen Paul of the Ornithological
Council has submitted a great comment on our behalf,
copied below.<br>
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Issue summarized here: <a moz-do-not-send="true" href="https://urldefense.proofpoint.com/v2/url?u=https-3A__www.safariclub.org_what-2Dwe-2Ddo_freedom-2Dto-2Dhunt_litigation_guidance-2Dfor-2Dresponding-2Dto-2Dfws-2Dnotice-2Dconcerning-2Dfoia-2Ddisclosure&d=CwMDaQ&c=-dg2m7zWuuDZ0MUcV7Sdqw&r=CLFZJ3fvGSmDp7xK1dNZfh6uGV_h-8NVlo3fXNoRNzI&m=k30jC6euXAzXkgC2PPLU8m0wt38Cq5BFE_yg1_n098M&s=6BQcjJ_pFLYHgmVFvpJEQP-pTrjYK0iarVHLI736npU&e=">https://www.safariclub.org/what-we-do/freedom-to-hunt/litigation/guidance-for-responding-to-fws-notice-concerning-foia-disclosure</a>
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<br>
("<strong><em>However, it is important to understand that if
you do not file a response objecting to the disclosure
of your information, the FWS will presume that you do
not object to the release of your information.")</em></strong><br>
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USFWS request for comments is here: <a moz-do-not-send="true" href="https://urldefense.proofpoint.com/v2/url?u=https-3A__www.federalregister.gov_documents_2016_11_01_2016-2D26412_freedom-2Dof-2Dinformation-2Dact-2Dnotice-2Dof-2Dlawsuit&d=CwMDaQ&c=-dg2m7zWuuDZ0MUcV7Sdqw&r=CLFZJ3fvGSmDp7xK1dNZfh6uGV_h-8NVlo3fXNoRNzI&m=k30jC6euXAzXkgC2PPLU8m0wt38Cq5BFE_yg1_n098M&s=UsTuEsFx9fAWBYcHfU0WbkvQfRWDkJ-cB2FgN7qXTVQ&e=">https://www.federalregister.gov/documents/2016/11/01/2016-26412/freedom-of-information-act-notice-of-lawsuit</a><br>
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<div>If you'd like to add your personal comments to this, see
the Federal Register link above; the due date is 22 November.<br>
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<div><br>
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Best, K.<br>
<div>
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<div>
<div>-- <br>
<div class="gmail_extra">
<div class="gmail_signature">Kevin Winker<br>
University of Alaska Museum<br>
907 Yukon Drive<br>
Fairbanks, AK 99775<br>
<br>
<br>
<br>
The Ornithological Council is a consortium of eleven
scientific societies of ornithologists; seven of
those societies are based in the United States and
most of their members are required to obtain one or
more permits from the U.S. Fish and Wildlife Service
in order to conduct scientific research on birds.
They are also required to submit annual reports of
their activities to the agency and, when those
activities include import or export of wildlife
specimens and samples, they are required to submit
3-177 declaration forms or e-decs. <br>
<br>
The information submitted by the members of our
societies may or may not be considered "trade
secrets and commercial financial information." We
take no position on the merits of the claims by HSUS
or the response thereto by the agency as to this
issue.<br>
<br>
However, we do object to the release of any portion
of any record held in LEMIS, SPITS, or other
government database that includes the identity of
the submitter or the permittee required to submit
the information. Release of the names of individuals
or other information that would or could aid in the
identification of individuals would violate the
Privacy Act [5 U.S.C. 552(a)]. The Privacy Act
prohibits the disclosure of a record about an
individual from a system of records absent the
written consent of the individual, unless the
disclosure is pursuant to one of twelve statutory
exceptions. <br>
<br>
In addition, FOIA exemption 6 allows an agency to
withhold “personnel and medical files and similar
files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.<br>
<br>
Insofar as the challenge filed by HSUS to the
agency's revised disclosure practices, we believe
that the prior policy under which the agency
released personal identifying information was
inappropriate and we support the revised practice.
The number of animals or animal parts imported as
trophies is the information essential to protection
of wildlife. We see no reason why the identity of
the importers aids in that effort. HSUS asserted in
its lawsuit that "The public interest in being able
to track the wildlife and wildlife parts coming into
the United States clearly outweighs any alleged
privacy interest implicated in releasing these
names." However, it does not explain why that is the
case. HSUS also notes that some names were redacted
while others were not. That the agency was not
careful in the application of its new policy (and of
the Privacy Act) does not support the contention
that the policy is unsupported in law. <br>
<br>
The information submitted by the members of our
societies with regard to imports and exports is
obtained and used by the agency only for law
enforcement purposes, to ensure that these
transactions are covered by appropriate permits and
that the terms and conditions of said permits have
been met. Under FOIA exemption 7 (C), release of the
identity of the importer or exporter or information
that would aid in the identification of said
individual would constitute an unwarranted invasion
of personal privacy.<br>
<br>
For the foregoing reasons, we object to the release
of personal identifying information by the agency
and support the agency's new policy of redacting
said information from FOIA requests under exemptions
6 and 7.<br>
<br>
Sincerely,<br>
<br>
Ellen Paul<br>
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