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Gm 520

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Week 2 Homework – GM520.

1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)

The regulation that is of concern to me is one that is controlled by U.S. Fish and wildlife service. “A 1940 reorganization plan (54 Stat. 1232) in the Department of the Interior consolidated the Bureau of Fisheries and the Bureau of Biological Survey into one agency to be known as the Fish and Wildlife Service. The Bureau of Sport Fisheries and Wildlife was created as a part of the U.S. Fish and Wildlife Service in the Department of the Interior on November 6, 1956, by the Fish and Wildlife Act of 1956 (70 Stat. 1119). That act was amended on July 1, 1974, by Public Law 93-271 (88 Stat. 92) to, among other purposes, abolish the position of Commissioner of Fish and Wildlife and designate the Bureau as the U.S. Fish and WildlifeService” (www.fws.gov/help/about_us.html).The U.S. fish and wild life service is the principle federal agency that provides information to the public on the amount and status of the nation wetlands. This bureau has always sparked an interest on me. I learned the magnitude of why state and federal rules and regulation are necessary in order to preserve and conserve natural animal habitat and that law are imposed that keep certain species form being scarce. Some of this proposed regulation include in few counties in Mississippi.

2. Describe the proposal/change. (10 points)

The reason of this proposed rule is to offer added hunting and fishing activities to eight federally regulated wildlife preserves while decreasing behavior in one precise preserve. Moreover, in order to provide admirable hunting and fishing opportunities for those interested. The Mississippi state game and fish commission must partner with FWS to make sure that federally confined preserves are kept safe from certain acts of nature such as flooding and soil erosion and as interlopers who wish to take advantage of land and water that provide excellent hunting and fishing condition. The changes will be based on changing environmental condition. State and federal regulation and other factors that might trigger an increase or decrease in fish and wild life population, the proposed rule can only produce positive result and that will help to preserve the natural wetland habitat that Mississippi has to offer. These rules are specifically designed to protect fish and wildlife and natural habitat. The true purpose of regulation hunting and fishing in these preserves is to make sure compatibility with preserve purposes. The purpose include but are not limited to properly managing the fish and wild life resources, protect other preserve, ensure preserve visitor safety, and to provide opportunities for quality fish and wildlife dependent recreation.

In addition to adding these rules and regulation, another goal of the FWS is to keep visitor well informed on what rules and regulation may have changed in accordance to argument activities. Valuable information can be found at entrance to the refuge. This information lists include bag limits and method of hunting and fishing allowed on the refuge. An important objective of FWS is to keep people well informed of existing condition that may or may not affect their hunting/fishing experience. The rules are posted in key locations and consist of sentences written in a specific length and free of jargon that some hunters may not understand. The rules must be easy to understand in order for every fisherman from bagging too much game. The rules and regulation are made clearly visible in order to prevent sportsmen from stating they were ignorant of the law.

3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)

It is of utmost value for the state and federal government to guard our wildlife habitat in order to preserve its exclusive existence. State and federal assistance is effectively compulsory if this country is to preserve land and water for the existence of wildlife. With my content I want to show FWS my support and enjoyment for their superiority in maintain and managing federally protected preserves.

Furthermore, I wish to encourage other individual and sportsmen who read this manuscript to actively take part in government sponsored agencies that value the opinion of all who are serious about how they feel about the proposed rules and regulation. It is my desire to express my sincere opinion to the FWS and to articulate my appreciation for your hard work and outstanding in maintaining an environmental stable piece of land that is meant to protect wildlife.

Moreover, the preservation of wildlife and natural resource is becoming extremely important as some species are on the verge of extinction due to being forced out of their natural habitat. There are many important moral values that can be taught to children just by simple task of carrying a child hunting and fishing. Wildlife has to be controlled in a structural fashion so that certain species will not become over or under populated. The extremely important issue of plant and animal cycle can be taught to children in a manner that will hopefully arouse their interest in preserving wildlife and natural resources.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)

This expires on 01/28/2010.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)

The process of opening refuges is done in stages, with the fundamental work being performed on the ground at the refuge and in the community where the program is administered, In these stages, public is given other opportunities to comment. Once the deadline date for comment has expired, the document has been published in the Federal Register for additional comment, commonly for 30 day period. Those parties who made comment on the rules during the proposal stage can challenge the validity of the rules in court. Administrative rules can be challenged on several different grounds. The first ground on which to challenge an agency rule is to determine if that rule is arbitrary, capricious an abuse of desecration or in violations of other law. This standard is generally applied to formal rule making and simply requires the agency to show evidence to support the proposed rules. After the comment period is over, the agency has three choices about what to do with proposed rules. The first choice is simply adopt the rules. The second choice is modify the proposed rules and go through the process of public comment again. If the modification is minor, however the Administrative procedure act allows agency to modify the version of the rules without going through the public comment period again. The final choice of the proposing agency is to withdraw the rules.

b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.

Five legal theories are as follows:

I.

The first ground on which challenge an agency's regulation involve the rules that a regulation can be set aside if the agency didn't apply with the APA requirements of notice, publication and public comment or input. The procedure for the rule making must be followed in order for the regulatory process and resulting rule to be valid. An agency that seeks public comment for the purpose of drafting legislation cannot then turn the legislation into the rules after comment period

II.

Many challenges based on constitutional ground deal with regulation that give an agency authority to search records or that impose discriminatory requirements for licensed professional.

III.

Regulation is unsupported by substantial evidence. The substantial evidence test is applied in the review of formal & hybrid rule making. Where the arbitrary and capricious standard simply requires some proof or basis for the regulation, substantial evidence requires that more convincing evidence exist in support of regulation than against it.

IV.

Another way to challenge an agency rule is that it is arbitrary, capricious an abuse of desecration or in violations of other law. This usual is generally applied to formal rule making and simply requires the agency to show evidence to support the proposed rules. Without such evidence the rule can be held arbitrary and capricious

V.

Last but not the least is theory for challenging regulation in court is ultra virus, a Latin term meaning "beyond its power" An ultra virus regulation is one that goes beyond the authority, if an agency tries to change the substance and purpose of the enabling through regulation, the regulation would be ultra virus.

c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?

The best way to challenge the regulation would be the regulation is unsupported by substantial evidence. This is the only possible challenge that I can think of and this would be quickly stamp out in a court of law. The regulation certainly doesn’t meet any criteria of the remaining legal theories. The federal FWS systematically explore their plans of action before attempting to introduce evidence needed to suggest regulations.

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