Tuesday, June 2, 2009

Sage grouse and the FOIA

From Rich Adamo in Baker City:

Sent: Thursday, April 16, 2009 9:21 AM
Subject: RE: Public Records Request for Greater Sage Grouse Leks

Dear Mr. Adamo:

I will send you an estimate of costs after staff reviews the information you requested in your March 21st request, and from the clarification in my letter dated April 9, 2009 to you . . . we gather that your public records request centers on the Boardman to Hemingway proposed transmission line.

You want sage grouse data for lands that the line would cross. You also want records showing BLM-ODFW interaction concerning the transmission line project. You specifically mention a meeting involving BLM and ODFW and ask that records of that meeting be included. Have we accurately understood the scope of your request? Please confirm.

Thank you for your prompt response immediately below.

Teri Kucera Executive Assistant
Oregon Department of Fish and Wildlife

(snip several correspondences)

To: Teri Kucera
Sent: Tuesday, June 02, 2009 8:28 AM
Subject: Re: Public Records Request for Greater Sage Grouse Leks

Dear Ms. Kucera,

Not sure how much more information we can provide you with regarding "most recent" records involving the sage grouse leks. When we called Christen Hagen, your sage grouse expert asking for the same information I'm asking you for now, data that shows why ODF&W believes powerlines affect the sage grouse, he responded that "you will have to file a Freedom of Information Act request for that information".

I mentioned the U.S. Fish & Wildlife reports did not show any evidence that sage grouse were affected by powerlines close to the leks, he said there were a "number of studies" that reflect ODF&W's position on why the sage grouse can't have a powerline within 2 miles of the leks.

Mr. Hagen also stated to me that "he wouldn't have a problem with the powerlines being closer to the leks than the current 2 mile restriction if the sage grouse could not see them from the leks, such as behind a hill".

I have to assume that Mr. Hagen has data showing how far a sage grouse can see. I have to assume that these studies Mr. Hagen refers to are in his files or on his computer as he is apparently ODF&W's expert on these matters and would have no trouble at all accessing them for you with little trouble or cost to your department.

As you can see, without ODF&W studies, we are having to assume a lot. Mr. Myatt, of the Baker office of ODF&W has told me of studies that indicate that "when subjected to large powerlines, people don't tend to move and the sage grouse might."

Please call Mr. Myatt on that study, although Mr. Hagen may have that in his computer files or records as well. That call may save even more time and money that you have indicated in your first letter to me ODF&W does not have due to budget cuts. If Mr. Hagen had sent us the public information we ask for in the first place, ODF&W as well as myself could have saved time and money.

I do hope this e-mail has cleared up any questions you may have involving our FOIA* request which was filed some time ago. I will of course be sending all of our e-mail correspondence along with a cover letter to Rep. Cliff Bentz, Senator Ted Ferriolli, Baker County Commissioner Fred Warner, Move Idaho Power, and Stop Idaho power so that they too can understand what goes into collecting " most recent data".

Thank you so much for your time.
Rich Adamo

*Freedom of Information Act