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FOIL Appeal Determination for 08-02-1A (Philip Busardo, January 14, 2008)

January 14, 2008

New York State Department of Environmental Conservation
Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1010
Phone: (518) 402-8537 • FAX: (518) 402-9037
Website: http://www.dec.ny.gov/

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

January 14, 2008

Mr. Phillip Busardo
300 Farnham Avenue
Lodi, New Jersey 07644

Re: Freedom of Information Law (FOIL) Appeal No. 08-02-1A
FOIL Request No. 07-2133
Permit Information

Dear Mr. Busardo:

On January 3, 2008, this office received your appeal with respect to the above referenced Freedom of Information Law (FOIL) request. In your FOIL request of August 31, 2007, you asked for information concerning ". . . permits, any changes in permits, ownership of permits, VTR reports and legal changes." It is our understanding that you did not receive any written response to your FOIL request.

This office contacted the Region 1 Marine Resources office to determine what records, if any, are responsive to your request. We received the following documents in response:

1. Printout from the Marine Resources Permitting System - 5 pages
2. A copy of a certificate of incorporation - 3 pages
3. Applications for permit renewals - 2000-2007 - 22 pages

You requested VTR reports; however, pursuant to § 40.1 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), these reports are directed to the National Marine Fisheries Service and this Department does not retain such records. Moreover, 6 NYCRR § 40.4 provides that "[f]isheries data, statistics, or other information collected from individual permit or license holders by the department . . . shall be confidential and shall not be disclosed except to an authorized user or when required under court order; . . ." Thus, even if the Department held such records, they would be exempt from disclosure pursuant to Public Officers Law § 87(2)(a). This provision of FOIL exempts from disclosure records that "are specifically exempted from disclosure by state or federal statute."

Enclosed are copies of the above listed documents. Please submit to this office (attn: Kimberly Sarbo) a check made out to the New York State Department of Environmental Conservation for $7.50 to cover the copying charges for these records (.25/per page). If you have any questions regarding your FOIL appeal, you may contact our office at (518) 402-9003. In future contact with this office regarding this appeal, please reference the FOIL Appeal Number noted above. Thank you.

Very truly yours,

/s/

Louis A. Alexander
Assistant Commissioner

/s/

Helene G. Goldberger
Administrative Law Judge

Enclosures

cc: Robert Freeman, Executive Director, Committee on Open Government, w/copy of FOIL appeal
Ruth Earl, DEC Records Access Officer

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