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Old 07-09-2014, 11:57 AM
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Quote:
Originally Posted by Clampy View Post
Couldn't someone do a
" freedom of information act " request and get the hidden data they have ?
We've made a number of FOIA requests of various government agencies and been consultants on lots of court cases where the attorneys used various combinations of FOIA requests and discovery motions and investigatory techniques to try and acquire information.

For the most part, FOIA requests are of limited utility if basic written requests for information are being rebuffed with lawyerly letters. We've been successful getting fisheries data simply by making polite written requests about half the time. Unfortunately, all of our success has been with agencies other than LDWF, because they firmly believe they need to keep a lid on all their saltwater fisheries data right now.

I expect FOIA requests right now would be expensive and unproductive and put LDWF in even more of an uncooperative posture. Such requests are basically voluntary, since parties need to go to court and get compliance orders once they are refused. I expect public pressure for LDWF and CCA to move toward more open, data driven fisheries management to be much more productive than arm twisting and legal action.

If LDWF and LWC remain uncooperative and feel entitled to continue to keep their data hidden while imposing more restrictive regulations, then the proper approach will be to move toward lawsuits in which the discovery and deposition process should prove useful in uncovering the available data and assessing its quality and relevance with respect to management actions. At the discretion of the attorneys, some FOIA requests might also be part of this process.

But FOIA requests are often seen as steps toward an adversarial legal process, and I don't recommend anyone hint at steps in that direction right now, as adversarial relations with LDWF and LWC are ill advised.

CCA and other mechanisms TX anglers are using to exert disproportional pressure on LA fishing regulations are the bad actors whose influence needs to be significantly diminished. LDWF are on our side, and now that Drost is gone, I am optimistic that LWC can begin improved decision making also.
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