On November 1, 2016 the U.S. Fish and Wildlife Service (FWS) published a notice in the Federal Register announcing that information related to records for the import and export of all wildlife specimens to and from the United States may be disclosed to Humane Society International (HSI), based on Freedom of Information Act (FOIA) requests made by HSI. The Notice informs submitters of such information of their ability to object to disclosure. The information potentially includes the identity of any U.S. and foreign importers and exporters of hunting trophies for the years 2002 through 2010, 2013 and 2014, and the declared value of the trophy. In response to four FOIA requests made in 2014 and 2015, FWS previously released some information but refused to disclose other information. FWS relied on three exemptions to the agency’s duty to disclose information in response to FOIA requests.
Earlier this year, HSI sued to obtain the withheld information. SCI intervened in the lawsuit to help defend the FWS’s decision to withhold the information. Subsequently, the FWS informed the court that it is obligated to notify the submitters of the requested information of the fact that their information is the subject of a FOIA request and that the FWS may decide to release the information.
The notice informs those who are the subject of HSI’s request that the FWS will presume that anyone who does not object within the time-period allotted for responses has no objection to the disclosure of his or her information. Submitters will have 21 days from the date of the publication of the notice in the Federal Register (i.e., today) to send their written responses to the FWS’s Office of Law Enforcement Freedom of Information office.
To assist our members and the hunting community, SCI is preparing some suggested sample language for members and others to consider including in any objections sent to the FWS. As soon as possible, SCI will disseminate that sample language by e-mail to SCI members, on our website, in our social media, and in our publications. The sample language that SCI will provide should not be considered legal advice. In addition, SCI cannot guarantee that use of the sample language in objections sent to the FWS will prevent the FWS from disclosing the information. SCI members and others who have serious concerns about potential harm from the disclosure of their identities to HSI should consult with qualified private attorneys to protect their interests.
This potential disclosure of information applies to members both inside and outside of the United States and applies to all hunters and those who serve the hunting community.
