Officers
Peggy Hatcher, President
Nigel Venters, Vice President
Velma Bagley, Secretary
Doddie Drake, Treasurer
Jonathan Timko
Board of Directors
Shari Gray
Melanie McCarthy
Ed Reinertsen
Linda Rogers
Kathleen Ziemer
September 19, 2002
Administrator
Animal and Plant Health Inspection Service
Ag Box 3401
Washington, DC 20250-3401
RE: FOIA 02-314
I am requesting a formal appeal of the determination made on FOIA 02-314. This is in reference
to a March 9, 2002, Freedom of Information Act (FOIA) request I made on behalf of the
International Butterfly Breeders Association. I requested any and all documentation pertaining to
the decision that established a policy restricting the interstate transport of Mourning Cloak
butterflies in the state of Texas. Specifically, I requested documentation of how this policy
originated and the basis for the restriction.
According to the determination agency employees conducted a thorough search of their files but
did not locate any records responsive to the request. This request was made because of the undue
hardship and detriment to business that this policy presents to commercial butterfly breeders in
the United States. Since this policy has such major implications to our members’ businesses it
would follow that considerable discussion, facts, and documentation would be available from the
USDA to justify the policy. Our members desire to understand the science upon which the policy
was established. However, the determination indicates no documentation exists. This would lead
us to believe that this policy has no basis and should be cancelled.
I thank you in advance for your consideration of this appeal.
Respectfully,
Jonathan M. Timko
IBBA Board Member
508 Cabot Dr.
Hockessin, DE 19707
(302) 235-0712
P. O. Box 573, Winters, Texas 79567 (614) 288-5677
www.butterflybreeders.org