8126

• UCREFRP Catalog Number: 8126
• Author: U.S. Deparment of the Interior.
• Title: Freedom of Information Act Handbook.
• USFW Year: n.d.
• USFW - Doc Type: Washington, D.C.
• Copyright Material: NO

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. _f~~.H.AND WILDLIFE S.ERVICE
ADMINISTRATIVE PROCEDURE

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Administrative Procedure

Part 203 Freedom of Information Act

203 FW 1.1

Chapter 1 Policv and Responsibilities

1.1 Policy. The policy of the Service is to provide the
public prompt access to information about Service
activities in accordance with the spirit and intent of the
FOIA.

1.2 Authorities.

A. 5 U.S.C. 552. Freedom of Information Act.

B. 43 CFR 2, Records and Testimony; Freedom of
Information Act, Subpart B-Requests for -Records.
(Exhibit 11

C. 383 OM 15. Freedom of Information Act, Policy
and Procedures.

D. Freedom of Information Act Handbook (383 OM
15)

1.3 Definitions. Selected definitions are emphasized
as follows:

A. A record is defined to include all books, papers,
maps, charts, plats, plans, architectural drawings and
microfilm; all machine-readable material such as
electronic mail, magnetic tape, disks, drums, and
punched cards; all audiovisual material such as still
pictures, sound and video recordings, and all other
documentary materials ~including handwritten notesl,
regardless of physical form or characteristics, made or
received by the Service pursuant to Federal laws or in
cOMection with the transaction of public business and
preserved or appropriate for preservation by the
Service as evidence of the organization, functions,
policies, decisions, procedures, operations, or other
activities, or because of the informational value of the
recorded data.

B. A workday for purposes of adhering to time
limitations inherent in reSponding to a FOIA is
considered to mean a regular Federal working day. It
does not include Saturdays, Sundays, or Federal
holidays.

C. A FOIA request is a written request for records
made by the public that specifically invokes the Act.
However, the Service may treat a request for records
that does not specifically invoke the Act as a FOIA
request.

1.4 Statutory Requirements.

A. Disdosure. The FOIA requires that the Service, on
a request from a member of the pUblic submitted in
accordance with the procedures in 43 CFR 2. make
requested records available for inspection and copying.

B. Exemptions. FOIA provides the following nine
exemptions (detailed in 43 CFR 2.13) for withholding
information from the public:

(1) Matters of national defense or foreign policy.

(2) Internal personnel rules and practices.

(31 Information specifically from the FOIA exempted by
other statutes.

(4) Trade secrets, commercial or financial jnformatioD_
(confidential business informationl.

(5) Privileged interagency or intra-agency memoranda or
letters.

(6) Personal information affecting an individual's privacy.

(7) Records compiled for law enforcement purposes.

(8) Records of financial institutions.

(9) Geological and geophysical information, including
maps, concerning wells.

C. Service Practice. The exemptions listed in 1.48.
above are not mandatory bars to disclosure; they describe
the information that Service officials may, upon a
determination that sound grounds for withholding a record
exists, choose not to release. It is the practice of the
Service to withhold information falling within an
exemption only if disclosure is prohibited by Federal
statute or Executive order or if valid grounds exist for
invocation of the exemption. If an exemption is to be
invoked to deny access to information, a justification for
withholding the information must be provided-a mere
assertion that an exemption applies is insufficient. For
any denials of requests made under the authority of
exemptions (2) or (5) above, the Service's file must
include a brief description of the specific harm to the
Govemment that could occur if the material were
released.

1.5 Responsibilities.

A. The Director. Deputy Director - Staff prescribes
internal policies and procedures and assures overall
program effectiveness in complying with the provisions of
the FOIA.

B. The Service FOIA Officer prepares internal policies and
procedures, provides advice, training, and guidance on
FOIA matters to officials Service wide and represents the
Service with the Department's FOIA Appeals Officer.

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ADMINISTRATIVE PROCEDURE

05107/96 FWM 264

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