Dear Southwestern Cavers (and other interested persons). Sunday night, May 18, the Southwestern Region filed a Freedom of Information Act (FOIA) request with the Bureau of Land Management. This action is to compel release of data in connection with the "temporary" two year cave closure which expired in January 2013, but is still used as a basis to deny access without agency authority to do so. The FOIA became necessary as the BLM has rebuffed or ignored all prior caver requests for information on this topic but does not hesitate to instantly deny permit requests with unsubstantiated explanations of need due to WNS. Such action by the BLM is no longer acceptable. The information requested is outlined below.
Jim Evatt Vice Chair Southwestern Region May 18, 2014 RE: Freedom of Information Request The Southwestern Region (SWR) of the National Speleological Society (NSS) makes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et. seq., for the following documents: All information and documents concerning the BLM decision to close caves relative to the threat of White-nose Syndrome (WNS) in the Roswell and Carlsbad Field offices, but also including decisions to close caves in other Field Office areas. In particular, the SWR requests information that includes, but is not limited to: 1. All scientific data supporting the decision to close caves, including the specific studies and results indicating a direct and proximate threat to New Mexico cave resources. 2. A listing of specialists consulted, their credentials and expertise in determining a verifiable (not speculative) WNS threat to New Mexico caves was imminent. 3. Data supporting the existence of a specific threat to each cave closed by the Closure Order of January 25, 2011. 4. Analysis and decision-making data used to ensure the closure order was in full compliance with the very specific requirements of 43 CFR 8364.1 for temporary closures, and how the closure order is in conformance with the subsequent Instruction Memorandum 2013-035 which clarified those requirements and processes. 5. Data used and legal justification for continued denial of access to caves upon expiration of the closure order. 6. Internal memoranda and other written communications discussing any and all factors and actions regarding the recent removal, by the US Geological Survey (USGS), of Oklahoma as a state where WNS in bats has been suspected or confirmed, and the parallel removal by the USGS of Cave Myotis (Myotis velifer) from the list of bat species that have tested positive for the fungus (Pseudogymnoascus destructans). This is particularly important since the BLM NM cave closure scheme clearly was conveniently predicated entirely upon the errant Oklahoma identification. 7. All correspondence from the Center for Biological Diversity (CBD) relevant to the WNS closure process, including all documents from CBD hinting at, or threatening, lawsuit if cave closures were not enacted. 8. Internal memoranda and other communications discussing any and all factors and actions regarding a BLM response to the CBD relative to WNS. 9. All communications from BLM to the CBD regarding the agency's position and actions concerning WNS. 10. Empirical scientific data demonstrating as factual the existence of a human vector in field conditions. 11. Data demonstrating how the decontamination process is tested, verified and monitored in the field as universal, compliant, and efficacious, or even necessary, for each cave closed. 12. Number of permits issued to each cave during the closure period, the nature of each permit (management, science, recreation, etc.), to whom and the number of persons on each permit. 13. Number of permits issued to each cave since expiration of the closure period, the nature of each permit (management, science, recreation, etc.), to whom and the number of persons on each permit.
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