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Joined: Dec 2005
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Campfire 'Bwana
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Campfire 'Bwana
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On Nov. 1, the U.S. Fish and Wildlife Service (USFWS) announced that hunters who have imported or exported wildlife specimens or hunting trophies to or from the United States are about to have their name and related documents handed over to Humane Society International (HSI)—the international division of the Humane Society of the United States. Why? Because HSI says it's entitled to your personal information under the Freedom of Information Act (FOAI).

As noted in yesterday's Federal Register, this information includes the identity of all U.S. and foreign importers and exporters of hunting trophies for the years 2002-2010, 2013 and 2014 along with the declared value of a given trophy. The USFWS previously received four FOIA requests in 2014 and 2015 but withheld some of the info based on three disclosure exemptions. HSI sued and the NRA and SCI got involved to defend the USFWS' decision. While the case is ongoing, the USFWS has a limited time to comply with FOIA requests, despite that the disclosure of such private information could result in harm to those hunters whose identities are exposed. The USFWS told the court it is obligated to notify those affected that their information is the subject of a FOIA request, leading to the notice posted in yesterday's Federal Register.

If You Imported or Exported Wildlife, Act Now!
The notice applies to all hunters inside and outside the United States and all game species worldwide for the above years. Now the hundreds of thousands of law-abiding American hunters who are impacted have 21 days from Nov. 1, the date of the notice's publication in the Federal Register, to object. The USFWS presumes that anyone who does not reply has no objection.

https://www.nrahlf.org/articles/201...their-identities-following-foia-lawsuit/


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Thanks. Submitted a comment.

In this day and age of identity theft and people being assaulted by intolerant people, releasing PII of hunters represents an opportunity for real danger to us. That is a reason for rejecting an FOIA request.


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I plan to respond but will have to think about it a bit to fit their requirements.

Quote
Further, if you object to the public disclosure of the records (or any portions of records) at issue in Humane Society v. U.S. FWS, No. 16-720 (D.D.C., filed Apr. 18, 2016), on the basis that the information submitted is protected by FOIA Exemption 4, then the regulations require the “detailed written statement” referenced above to include a “specific and detailed discussion” of the following:

(i) Whether the Government required the information to be submitted and, if so, how substantial competitive or other business harm would likely result from release; or

(ii) Whether you provided the information voluntarily and, if so, how the information in question fits into a category of information that you customarily do not release to the public.

(iii) Certification that the information is confidential, that you have not disclosed the information to the public, and that the information is not routinely available to the public from other sources.


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What a pile of stinking bureaucratic horse manure. The HSUS can go to hell and take the US government with it. Drain the swamp. Vote Trump.


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Send a letter to US FWS claiming your information is "Confidential Business Information" and it can not be released to the public and must be kept in a locked safe! Also, I believe PI is not FOIA-able! Good luck and do ASAP!

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Comments made and sent. Thanks for the heads up here. Saw it over on AR.


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I made comments objecting as well.

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Here's the Letter similar to the one I sent:

Subject: Responding to U.S. Fish and Wildlife Service Notice Concerning FOIA Disclosure to HSI

November 5, 2016

U.S. Fish and Wildlife Service
Office of Law Enforcement (FOIA)
5275 Leesburg Pike (MS: OLE)
Falls Church, VA 22041

This letter responds to the Federal Register Notice at 81 Fed. Reg. 75838 (Nov. 1, 2016) and the November 1, 2016 letter from the FWS (7202.4-OS-2016-00042) that appears on the U.S. Fish and Wildlife Service’s (FWS) website, both of which relate to Humane Society International v. U.S. FWS, No. 16-720, Reference No. 7202.4-OS-2-16-00042.
To the best of my recollection, I have imported wildlife into the United States in one or more of the years including 2002-2010, 2013, and 2014. If my name or other identifying information is not in your Law Enforcement Management Information System (“LEMIS”) for those years and for that reason is not subject to disclosure under Humane Society International’s FOIA request, please disregard and discard this letter. If, on the other hand, my name or other identifying information is in LEMIS for the relevant years and is subject to disclosure, I request that FWS “provide [me] the relevant submitter information that FWS found to be responsive to HSI’s requests.”
I strenuously object to the disclosure of my identity as the importer of these legally hunted animals, and the value of the wildlife, to Humane Society International (HSI) and/or to any individual or organization that seeks that information. Regardless of whether information about my identity qualifies for Exemption 4 of the Freedom of Information Act (FOIA), the FWS should withhold that information under Exemptions 6 and 7(C) of the FOIA. As the Federal Register notice states, this objection letter should set forth “the justification for withholding any portion of the information under any exemption of the FOIA.” In addition, the FWS is legally obligated to protect the confidentiality of my identity and the value of the wildlife from HSI and others who seek such information related to the importation/exportation of legally hunted animals.
I understand that the FWS collects information from Form 3-177s “to facilitate enforcement of the Endangered Species Act and other wildlife laws and regulations including the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora” (Form 3-177 Instructions). The FWS does not collect this information to give anti-hunting groups like HSI access to personal information about hunters and those in hunting-related service businesses in order to attack them and their choice of recreation and/or employment. According to the U.S. Supreme Court, under FOIA Exemption 7(C), before the FWS provides information of this nature, HSI “must show that the public interest sought to be advanced is a significant one” and that “the information is likely to advance that interest.” Nat’l Archives and Records Admin. v. Favish, 541 U.S. 157, 172 (2004). I understand that HSI has not provided any reason why they should be given information about my identity or the value of the wildlife. Whatever interest HSI has in species importation/exportation information, its purpose can be achieved without obtaining my personal information or the value of the wildlife.
My identity as an importer of wildlife is protected from disclosure by Exemption 6 of FOIA as the disclosure “would constitute a clearly unwarranted invasion of personal privacy.” The LEMIS files that contain my identity, other personal identifying information associated with my importation of legally hunted wildlife, and the declared value of my personal property fall within the “similar” files category of Exemption 6 that courts have interpreted very broadly to protect information included in a variety of types of files that contain personal information. And as the records that HSI has requested are retained within the FWS’s LEMIS, they also qualify for protection from disclosure under FOIA Exemption 7(C), which applies to protection for law enforcement information the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of personal privacy."

I am proud of my hunting (and/or hunting-related activities) and my role as a hunter/conservationist. I certify that I do not purposely share with the general public information about the animals that I legally hunt and import. Although I may share such information with friends and family, it is not my intention that the information about my importation practices be shared with the general public. If any such information has been shared publicly in the past, it was not my intent that the information be disseminated beyond my friends or my family.
Although Form 3-177 explains that the information that was provided “may be subject to disclosure under provisions of the Freedom of Information Act (5 U.S.C. 552)” that disclosure should not apply to my identity, any information that would disclose my identity, or the value of the wildlife. The information provided in Form 3-177 is virtually the same, and is collected for virtually the same purpose as the information that potential importers provide when completing other documents like Form 3-200-19. The explanatory information for those forms specifically states that the identities disclosed in such forms will be protected in the event of a FOIA request:

For individuals, personal information such as home address and telephone number, financial data, and personal identifiers (social security number, birth date, etc.) will be removed prior to any release of the application.

The same protections and removal of personal information, personal identifiers, and financial data (e.g., value of wildlife) should apply to the information provided that is the subject of any FOIA request for information about the importation/exportation of animals.
I provide the confidential information in this objection voluntarily. Therefore, in the event of a FOIA request for this objection, I request that my identity and all personal information be withheld. I also request that if the FWS decides to release this document, all personal information be redacted before this document is disclosed.
Sincerely,

Joe Smuckettelli
1600 Pennsylvania Ave
Anytown, Alabama 20111

Email: [email protected]

Previous addresses in the respective timeframes:

105 Smith Lane
Dallas, Texas 73101




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