Puddles the Blue Goose
| Tracking # |
2023-060 DOI-FWS-2022-004066 |
| Submitted | May 31, 2022 |
| Due | July 1, 2022 |
| Est. Completion | None |
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Communications
From: Nicholas Marritz
Dear USFWS:
This is a request for records under the Freedom of Information Act. I am requesting records related to FWS's mascot, Puddles the Blue Goose. Specifically, I am requesting records sufficient to answer the following questions:
RECORDS REQUESTED:
(A) All records related to the process of designing the Puddles the Blue Goose mascot (contracts, sketches, etc.)
(B) Records sufficient to answer the following questions:
(1) Whose idea was it to create a FWS mascot in the first place, and why?
(2) Who designed the Puddles mascot, and what was the design process like? (e.g. were there multiple design concepts submitted? Was the design of the character contracted out? (If so, kindly produce the contract).
(3) Were any Puddles-related promotional items or tchotchkes created (e.g trading cards, coloring books)? If so, please produce them.
(4) Were there any life-size Puddles costumes created? If so, please produce records related to the design of the costume (contracts, sketches, etc.) and any guidelines regarding the use of or care for the costume.
(5) Did anyone in Congress ever object to FWS's use of a mascot? I understand that there have been periodic attempts by lawmakers (e.g. former Oklahoma senator Tom Coburn) to rein in agency spending on mascots. If so, please produce all records related to that.
(6) Is FWS still using Puddles as part of its public outreach? If not, why not?
REQUEST FOR FEE WAIVER:
The requested documents will be made available to the general public online for free, and this request is not being made for commercial purposes. I am working on a project examining the history, creation, evolution, and use of mascots across the federal government—because, like many others, I find them fascinating and weirdly delightful. Thus, I respectfully request that any fees related to this request be waived. If you do decide to charge me fees, please notify me in advance if you expect those fees to exceed $25.
FORM OF PRODUCTION:
I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
CONCLUSION:
Thank you very much for your cooperation with this request. I look forward to hearing from you soon!
Sincerely,
Nicholas Marritz
From: U.S. Fish and Wildlife Service
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DOI-FWS-2022-004066&type=request)
* Tracking Number: DOI-FWS-2022-004066
* Requester Name:
Nicholas Marritz
* Date Submitted: 06/03/2022
* Request Status: Submitted
* Description:
Dear USFWS:
This is a request for records under the Freedom of Information Act. I am requesting records related to FWS's mascot, Puddles the Blue Goose. Specifically, I am requesting records sufficient to answer the following questions:
RECORDS REQUESTED:
(A) All records related to the process of designing the Puddles the Blue Goose mascot (contracts, sketches, etc.)
(B) Records sufficient to answer the following questions:
(1) Whose idea was it to create a FWS mascot in the first place, and why?
(2) Who designed the Puddles mascot, and what was the design process like? (e.g. were there multiple design concepts submitted? Was the design of the character contracted out? (If so, kindly produce the contract).
(3) Were any Puddles-related promotional items or tchotchkes created (e.g trading cards, coloring books)? If so, please produce them.
(4) Were there any life-size Puddles costumes created? If so, please produce records related to the design of the costume (contracts, sketches, etc.) and any guidelines regarding the use of or care for the costume.
(5) Did anyone in Congress ever object to FWS's use of a mascot? I understand that there have been periodic attempts by lawmakers (e.g. former Oklahoma senator Tom Coburn) to rein in agency spending on mascots. If so, please produce all records related to that.
(6) Is FWS still using Puddles as part of its public outreach? If not, why not?
REQUEST FOR FEE WAIVER:
The requested documents will be made available to the general public online for free, and this request is not being made for commercial purposes. I am working on a project examining the history, creation, evolution, and use of mascots across the federal government—because, like many others, I find them fascinating and weirdly delightful. Thus, I respectfully request that any fees related to this request be waived. If you do decide to charge me fees, please notify me in advance if you expect those fees to exceed $25.
FORM OF PRODUCTION:
I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
CONCLUSION:
Thank you very much for your cooperation with this request. I look forward to hearing from you soon!
Sincerely,
Nicholas Marritz
Upload documents directly: https://www.muckrock.com/
From: U.S. Fish and Wildlife Service
Your request for Fee Waiver for the FOIA request DOI-FWS-2022-004066 has been
determined to be not applicable as the request is not billable.
* Fee Waiver Original Justification:
The requested documents will be made available to the general public online for free, and this request is not being made for commercial purposes. I am working on a project examining the history, creation, evolution, and use of mascots across the federal government—because, like many others, I find them fascinating and weirdly delightful. Thus, I respectfully request that any fees related to this request be waived. If you do decide to charge me fees, please notify me in advance if you expect those fees to exceed $25.
* Fee Waiver Disposition Reason:
N/A
From: U.S. Fish and Wildlife Service
Hi Nicholas Marritz,
Please see the attached 2 files, 1 final response letter, and 1 record found responsive to your FOIA request.
Thanks,
John
From: Nicholas Marritz
FREEDOM OF INFORMATION APPEAL
Dear U.S. Fish and Wildlife Service:
I am appealing FWS's response to my FOIA request DOI-FWS-2022-004066, which I submitted on 3 June 2022. I am appealing the response in its entirety: the scope of the search, the records produced, and all other aspects of the response.
BACKGROUND
I am creating a public records project about federal agency mascots. My FOIA request sought records relating to FWS's mascot, Puddles the Blue Goose. The request sought 7 categories of records:
(A) All records related to the process of designing the Puddles the Blue Goose mascot (contracts, sketches, etc.)
(B) Records sufficient to answer the following questions:
(1) Whose idea was it to create a FWS mascot in the first place, and why?
(2) Who designed the Puddles mascot, and what was the design process like? (e.g. were there multiple design concepts submitted? Was the design of the character contracted out? (If so, kindly produce the contract).
(3) Were any Puddles-related promotional items or tchotchkes created (e.g trading cards, coloring books)? If so, please produce them.
(4) Were there any life-size Puddles costumes created? If so, please produce records related to the design of the costume (contracts, sketches, etc.) and any guidelines regarding the use of or care for the costume.
(5) Did anyone in Congress ever object to FWS's use of a mascot? I understand that there have been periodic attempts by lawmakers (e.g. former Oklahoma senator Tom Coburn) to rein in agency spending on mascots. If so, please produce all records related to that.
(6) Is FWS still using Puddles as part of its public outreach? If not, why not?
FWS responded: "We are releasing 1 record to you that is responsive to your FOIA request. FOIA requests do not answer questions and can only respond with records. Items B, 1-6 are considered questions and may be found with in the record." The record produced was a document with guidelines for using the life-sized Puddles costume. I greatly appreciate FWS's producing this record, as it is partially responsive to Item B(4). However, for the reasons below, FWS's response and record production were incomplete.
GROUNDS FOR APPEAL
ITEM A: This request sought all records related to the process of designing and creating the Puddles mascot. FWS produced no records in response to Item A. FWS response gave no reason for the failure to produce responsive records. Please search for and produce all records responsive to this item.
ITEMS B1-6: I am well aware that FOIA requests cannot compel agencies to answer questions. However, my request did not ask the Service to answer questions; it asked FWS to produce records. The reason I phrased the request as seeking "records sufficient to answer [x]" is to give FWS context for the records I am seeking, and to help to guide the scope of its search. In my experience, agencies generally appreciate this guidance because it helps the agency to avoid searching for and processing large volumes of records that the requestor is not actually interested in. However, if FWS would prefer that I reword the requests to remove the "records sufficient" language, I am amenable to doing that. Here is a revised request:
1. Please produce all records related to the conception, creation, and design of the Puddles the Blue Goose mascot. Please include any contracts or design concepts (e.g. sketches) in your production, as well as any records related to FWS's decision to create a mascot in the first place.
2. Please produce all Puddles-related promotional items, educational items, or tchotchkes, past or present, that took the form of records, such as trading cards, posters, or books (including but not limited to coloring books, activity books, or comic books).
3. Please produce all records related to the conception, creation, design, and use of any life-size Puddles costume. Responsive records would include contracts for the design or production of such a costume; design proposals or sketches; correspondence with the designer or manufacturer; and any guidelines related to the use of or care for the costume.
4. Please produce all correspondence related to Puddles (or to mascots in general) sent to or from any member of Congress, their office, or their staff. Oklahoma Senator Tom Coburn may have sent some responsive correspondence around 2007.
5. Please produce all records related to any decision by FWS to stop using Puddles as part of its public outreach.
Please let me know if this approach is acceptable to you, and please feel free to contact me about any aspect of this appeal. Thank you for your attention to this matter.
Most sincerely,
Nicholas Marritz
From: U.S. Fish and Wildlife Service
Mr. Marritz: Thank you for your December 10, 2022, e-mail message to the Department of the Interior’s Freedom of Information Act (“FOIA”) Appeals Office (“Department”) seeking to file a FOIA appeal (“appeal”) regarding a FOIA request to the Fish and Wildlife Service (“FWS”). Unfortunately, the Department cannot accept an appeal for processing from you at this time, as you did not submit copies of all correspondence between you and the FWS regarding the FOIA request (which the Department’s FOIA regulations (“regulations”) require you to submit in order to file an appeal). See 43 C.F.R. § 2.59 (copy attached). For example, you did not provide the Department with a copy of the FWS’s response to the FOIA request that you are seeking to challenge through an appeal.
So, if you remain interested in filing an appeal, the Department must receive a copy of all correspondence between you and the FWS related to the FOIA request (including a copy of the FWS’s response letter) no later than 90 workdays from the date of the bureau’s final response, which is the time frame specified in the regulations for requesters to file appeals challenging the type of issue(s) that you raise in your e-mail message. See 43 C.F.R. § 2.57(a)-2.58(a) (copy attached). If the Department does not receive all of this documentation from you within the 90-workday time frame, it will not consider your December 10, 2022, e-mail message for processing as an appeal.
You may e-mail a copy of the FOIA request (and any other correspondence with the bureau that you did not previously submit) to this e-mail address (FOIA.Appeals@sol.doi.gov<mailto:FOIA.Appeals@sol.doi.gov>). You may also send this correspondence here via facsimile or in hard copy format through the mail or by courier. The fax number for the FOIA Appeals Office is (202) 208-6677 and its mailing address is as follows:
Department of the Interior
FOIA & Privacy Act Appeals Office
1849 C Street, N.W. - Mail Stop 6556
Washington, D.C. 20240
The Department will not take any further appellate action on this matter if it does not receive the above materials from you within the 90-workday time frame referenced above.
If you have any questions regarding this matter, please e-mail them to the FOIA Appeals Office. Thank you.
--
Darrell R. Strayhorn
FOIA & Privacy Act Appeals Officer
Department of the Interior
This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy all copies.
-
~WRD0000
From: Nicholas Marritz
Dear Mr. Strayhorn:
Thank you for your message. All of my correspondence with FWS regarding this FOIA request is attached. I look forward to your response.
Sincerely,
Nicholas Marritz
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 3, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #DOI-FWS-2022-004066.
Thanks for your help, and let me know if further clarification is needed.
From: Nicholas Marritz
Dear Ms. Strayhorn: I wanted to check on the status of my FOIA appeal filed on December 10, 2022. The request number is DOI-FWS-2022-004066. Could you please update me?
Many thanks,
Nicholas Marritz
From: Nicholas Marritz
Dear FWS:
I received your message today saying that my FOIAonline user account will soon be deactivated due to inactivity. However, I have been diligently following up about the status of my FOIA request and appeal over the last few months, including as recently as 3 weeks ago. Moreover, FOIAonline itself is going to be permanently decommissioned for all users at the end of September. Please confirm that the message I received today is not going to affect the processing of my request.
Most sincerely,
Nicholas Marritz
From: Nicholas Marritz
Dear FWS:
I received another message today saying that my FOIAonline user account will soon be deactivated due to inactivity. Again, I have been following up about the status of my FOIA request and appeal diligently. Moreover, FOIAonline itself is going to be permanently decommissioned for all users at the end of September. Please confirm that the message I received today is not going to affect the processing of my request.
Most sincerely,
Nicholas Marritz
From: U.S. Fish and Wildlife Service
Hello Mr. Marritz,
The decommissioning of FOIAOnline should not affect the processing of your request. Please contact Darrell Strayhorn on the status of your appeal.
United States Fish and Wildlife Service
Headquarters Freedom of Information Act Office
MS: IRTM
5275 Leesburg Pike
Falls Church, VA 22041
From: Nicholas Marritz
Dear Ms. Strayhorn:
I wanted to check on the status of my FOIA appeal filed on December 10, 2022. The request number is DOI-FWS-2022-004066. Could you please update me?
Many thanks,
Nicholas Marritz
From: U.S. Fish and Wildlife Service
Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.
From: Nicholas Marritz
Dear OGIS:
I am seeking assistance with a FOIA request and appeal that I filed with the U.S. Fish and Wildlife Service (FWS). It was assigned the tracking number #DOI-FWS-2022-004066. The request seeks records regarding FWS's mascot, Puddles the Blue Goose.
I sent my request on June 3, 2022 via FWS's online FOIA portal. The agency provided its final response on November 2, 2022. I appealed on December 10, 2022 via email. FWS responded on January 31, 2023, saying that I needed to submit all correspondence between me and FWS within 90 business days in order for my appeal to be perfected. I submitted the requested correspondence to FWS on February 2, 2023.
I have heard nothing from FWS since January 31. I have twice contacted FWS FOIA officer Ms. Darrell Strayhorn asking for a status update—one on May 8, 2023 and once on June 1, 2023. I have received no response to these status requests. So I am turning to OGIS for help.
My correspondence with FWS—which includes my original request, FWS's response, and my appeal—is attached. I look forward to hearing from you.
Sincerely,
Nicholas Marritz
From:
Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.
As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.
If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)
We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.
Sincerely,
The OGIS Staff
From: U.S. Fish and Wildlife Service
Dear Nicholas Marritz,
Please see OGIS's response to your submission (00038623), attached to this
email.
Sincerely,
The OGIS staff
From: Nicholas Marritz
Dear Ms. Jones:
I'm writing to ask for an estimated date of processing for my appeal filed December 10, 2022. My original FOIA case number is DOI-FWS-2022-004066. Thank you very much.
Nicholas Marritz
From: Nicholas Marritz
Dear Ms. Jones:
I am once again writing to ask for an estimated date of processing for my FOIA appeal filed December 10, 2022. My original FOIA case number is DOI-FWS-2022-004066. Thank you very much.
Nicholas Marritz
From: U.S. Fish and Wildlife Service
Dear Nicholas Marritz,
Thank you for your inquiry seeking an “estimated date of processing” for a FOIA appeal that you submitted on December 10, 2022, to the Department of the Interior’s FOIA Appeals Office. This is an inquiry you sent here after you sought assistance from the Office of Government Information Services (“OGIS”) to obtain an estimated date of completion for the appeal. For your reference, please be aware that OGIS has concluded in its Advisory Opinion numbered 2020-01, the “FOIA does not require agencies to provide information about the status of an administrative appeal, including an estimated date of completion.”
I spoke with the Department’s FOIA Appeals Officer regarding this matter, who has advised that your appeal (assigned as Appeal No. 2023-060) is still pending and the Department anticipates sending you a decision on this matter in the near future.
Kindest Regards,
Natasha
Natasha Jones
FOIA Public Liaison
Chief, Coordination and Oversight Team, Departmental FOIA Office
Office of the Solicitor | U.S. Department of the Interior
Tel: (888) 603-7119
From: Nicholas Marritz
Thank you for the update, Ms. Jones.
From: Nicholas Marritz
Dear Ms. Jones:
I am seeking a status update on Appeal No. 2023-060. In August, you indicated that I could expect a response in the near future. Could you please advise me on the current status of my appeal?
With thanks,
Nicholas Marritz
From: U.S. Fish and Wildlife Service
Nicholas Marritz - this Office does not have information concerning your appeal. Information regarding an appeal should be directed to
Department of the Interior
Office of the Solicitor
1849 C Street, N.W.<https://www.google.com/maps/search/1849+C+Street,+N.W.?entry=gmail&source=g>
MS-6556 MIB
Washington, DC 20240
Attn: FOIA Appeals Office
Telephone: (202) 208-5339
Fax: (202) 208-6677
Email: FOIA.Appeals@sol.doi.gov<mailto:FOIA.Appeals@sol.doi.gov>
Kindest Regards,
Cathy Willis
FOIA Public Liaison
U.S. Department of the Interior
Tel: (888) 603-7119
From: Nicholas Marritz
Dear DOI:
I am seeking a status update on my appeal, No. 2023-060. In August, you indicated that I could expect a response in the near future. Could you please advise me on the current status of this appeal?
With thanks,
Nicholas Marritz
From: Nicholas Marritz
Happy belated 2nd birthday to my FOIA request! Any updates on when my appeal will be processed?
From: Nicholas Marritz
Dear FOIA Public Liaison:
In August 2023, DOI said that I could expect a response to my Appeal No. 2023-060 "in the near future.” It has now been nearly a year since that message, and the Department is not responding to my requests for a status update. Please let me know when I can expect this appeal to be decided and my request fulfilled.
From: Nicholas Marritz
Dear FOIA Public Liaison:
I ask that you please liaise with me about my FOIA request. My original FOIA case number is DOI-FWS-2022-004066, and my Appeal Number is 2023-060. It has been over a year since I have heard anything about it, despite several requests for a status update.
Sincerely,
Nicholas Marritz