Animal and Plant

Health Inspection
Service

January 23, 2015

Marketing and
Regulatory
Programs

David Karopkin
860 East 18th Street
Brooklyn, NY 11230
Email: dkaropkin@gmail.com

Animal and
Plant Health
Inspection
Service

Dear Mr. Karopkin:

Legislative and
Public Affairs
Freedom of
Information
4700 River Road
Unit 50
Riverdale, MD
20737-1232

This is our final response to your Freedom of Information Act (FOIA) request, dated and
received in this office on July 8, 2014 and assigned tracking number 2014-APHIS04327-F. You requested copies of any documents, including contracts, memos, emails
or other correspondence, which relate to the following information:
1.) The removal of Canada geese in New York City between Aug. 1, 2013 and July 8,
2014 by USDA. This request includes any properties within the city's boundaries,
including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK
and La Guardia airport, all New York City owned properties, and any privately owned
properties. I would like to know the total number of geese taken at each site, the dates
they were taken, where they were transported to, and if they were killed, the method by
which they were killed.
2.) The removal of Mute Swans in New York City between Aug 1, 2013 and July 8,
2014 by USDA. This request includes any properties within the city's boundaries,
including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK
and La Guardia airport, all New York City owned Properties, and any privately owned
properties. I would like to know the total number of Mute swans taken at each site, the
dates they were taken, where they were transported to, and if they were killed, and the
method by which they were killed.
3.) The removal of feral cats in New York City between Aug. 1, 2013 and July 8,
2014 by USDA. This request includes any properties within the city's boundaries,
including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK
and La Guardia airport, all New York city owned properties, and privately owned
properties. I would like to know the total number of feral taken at each site, the dates
they were taken, where they were transported to, and if they were killed, the method by
which they were killed.
4.) The removal of any wildlife in New York City between Aug. 1, 2013 and July 8,
2014 by USDA. This request includes any properties within the city's boundaries,
including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK
and La Guardia airport, all New York City owned properties, and any privately owned
properties. I would like to know the total number of feral taken at each site, the dates
they were taken, where they were transported to, and if they were killed, the method by
which they were killed.
An Equal Opportunity Provider and Employer

David Karopkin
2014-APHIS-04327-F

Enclosed are 99 pages of documents responsive to items 1, 2, 3, and 4 of your request,

which 74 pages are being released in full, 9 pages are being released in part and 16 pages
are being withheld in their entirety. Please note information has been withheld in
accordance with Exemptions (b)(5), 5 U.S.C. 552 (b)(5), and FOIA Exemption 6, 5
U.S.C. 552 (b)(6) of the FOIA as explained below.
Exemption (b)(5) permits the withholding of inter-and intra-agency records which are
predecisional, deliberative which may contain agency employees advice, opinions
and recommendations. Disclosure of such material would inhibit the open and candid
expression of such views in similar future deliberations and have a detrimental effort
on our decision-making process. Specifically, we withheld draft documents that were
not signed by the cooperator. The documents will likely get modified again after
changes are made. Its release would create a false impression about work that would
happen and people who would be involved.
In addition, information has been withheld under the provision of FOIA exemption 6.
This Exemption protects information from disclosure when its release would cause a
clearly unwarranted invasion of personal privacy and where such privacy interest
outweighs any public interest which would be advanced by the disclosure of the
individuals not employed with the Government. Information meeting this
Exemption includes personal financial information and the identities of third
parties. Specifically, we withheld the names, address, phone numbers, identity of third
individual party and WSs field investigator name.
As a threshold matter, Exemption (b)(6) protects not only personnel files and medical
files, but "similar'' files, which are interpreted by courts to cover personal information
pertaining to individuals. In this case, personal information about a private citizen is a
personal privacy interest. In order to determine whether a document may be withheld
under Exemption 6, an agency must undertake a three-step analysis. First, the agency
must determine whether a significant privacy interest would be compromised by the
disclosure of the record. Second, the agency must determine whether the release of the
document would further the public interest by shedding light of the operations and
activities of the Government. Third, the agency must balance the identified privacy
interests against the public interest in disclosure. We determined that the release of this
information will not shed any light on how this Agency performs its duties and
responsibilities.
In this case, we have determined that there is a significant privacy interest in the
individuals name and personal email accounts. The release of their names could cause
unwanted contact and harassment. We have determined that there is some public interest
in the names of these individuals would shed light on the work of APHIS employees and
on the member of the public who was involved in the investigation. However, APHIS
has determined that the identity of the individuals have privacy interests that are more
than de-minimis. We have determined that the potential for identity theft and harassment
outweighs any public interest in the records and the information will be withheld.

David Karopkin
2014-APHIS-04327-F

You have the right to appeal our partial denial determination. If you choose to appeal,
your appeal must be in writing and must be received at the following address within 45
days of the date of this letter. Please send your appeal to:
Administrator
Animal and Plant Health Inspection Service
Ag Box 3401
Washington, D.C. 20250-3401
If you choose to appeal, please refer to 2014-APHIS-04327-F in your appeal letter and
add the words FOIA Appeal to the front of the envelope. To assist the Administrator
in reviewing your appeal, please provide specific reasons why you believe modification
of the determination is warranted.
If you have any questions, please contact Ms. Sophie Lau-Lopez of my staff at (301)
851-4083.
Sincerely,

For
Tonya G. Woods
Director
Freedom of Information & Privacy Act
Legislative and Public Affairs
Enclosures