Mr. Paul Castelli
New Jersey Division of Fish, Game and Wildlife

VIA FAX TRANSMISSION: (609) 748-2057

NEW JERSEY RIGHT-TO-KNOW LAW REQUEST

Dear Mr. Castelli:

Pursuant to the New Jersey Right to Know Law: N.J.S.A 47:1A-1 et seq., this is a request for a copy of the following documents regarding your division's recent action commencing on July 7th, 1998 at Sylvan Lake in which eyewitnesses observed personnel under DEP authority removing various waterfowl species from said lake including swans, ducks, and geese.

1. As federal protected migratory species were involved, I hereby request copies of all federal permits pertaining to this action including, but not limited to, those for banding, removal and/or relocation, and killing.

If no such permits were obtained, please so state.

2. I hearby request all documents (scientific proposals, plans, etc., etc.) from your division that provide formal justification and/or rationale and/or intent for the above-mentioned action.

If no such written documents exist, please so state.

3. I hearby request a full accounting of all birds affected by the above action including written inventories of the birds removed from Sylvan Lake by species and number, how many were banded, and their final destination and/or disposition.

If no such written documents exist, please so state.

4. I hearby request all documents indicating when, and in what manner, your division attempted to notify the residents of Lake Sylvan about the action in question.

If no such written documents exist, please so state.

5. I hearby request any written guidelines (rules, regulations, policy statements, memos, etc.) issued and/or relied upon by your division in setting forth specific rules of conduct for DEP personnel engaged in field activities on public and private properties.

If no such guidelines exist, please so state.

Please note, if any record or portion of a record responsive to this request is contained in a record or portion of a record deemed unresponsive to the request, under the Right to Know Law, all non-exempt portions of any partially-exempt documents must be disclosed.

I request a waiver of any fees your office would ordinarily impose in responding to a request. I do not seek these records for commercial purposes and I intend to disseminate the information because disclosure is in the public interest. Should you find you are unable to give me a waiver of the fees, please notify me in advance of performing the work if the cost will be in excess of $25.

If any records or portions of records are withheld, please state the specific exemption on which you rely, the basis on which the exemption is invoked, the name and office address of the individual responsible for the decision, and the address to which an appeal should be addressed.

Thank you for your prompt consideration of my request. If you have any questions, or if I can be of any assistance, please contact me at: (732) 842-3565.

Sincerely,

Betty Butler
Chair