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Manager

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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)
Tennessee Wild Resource Agency (TWRA) – I am a big game hunter so my interests are merely for self-reasons, it will impact me with the removal of Wild Hogs from the big game status to a nuisance category. http://www.tn.gov/twra/feralhog.html This will affect me because I’m an out of state hunter who hunts on private land who purchased a Tennessee hunting license for big game which now does not include Wild Hogs and because I’m not a land owner, family member or tenant it prevents me from hunting Wild Hogs. The property owner is allowed to have up to (10) individuals listed on an exemption form but it is limited when group hunting trips are being planned.
2. The proposal is to have no limit on numbers of individuals that can be on the exemption form for property owners for a fee. This will aid TWRA mission to reduce the Wild Hog populations.
3. Big game hunters should have as much rights as property owners and tenants. The TWRA report and website states that big game hunting is the root cause for the increase in Wild Hog populations and migrations into areas normally not populated with Wild Hogs. If this is truly the case why are landlords and tenants allowed to use the same methods as Wild Hogs hunters to reduce the populations of Wild Hogs? Data collected shows approximately $1.5 billion is lost annually because of wild hog damage, plus there is the potential risk of disease transmission to the local livestock industry. I believe allowing hunters to continue to hunt Wild Hogs and work with TWRA would be better served in controlling the recent populations of Wild Hogs have become to the state of Tennessee.
I wish to have them reconsider this new rule.
4. This expires on 02/24/12. http://www.chattanoogan.com/2012/2/17/219744/Comment-Period-Deadline-Approaching.aspx 5. Once a person or groups submit their comments to TWRA on the new rule during the proposal stage, they legally are now entitled to challenge the validity of the new rule in court. If the group or persons challenges the rule they can challenge the rule on using one of these legal theories. 1. Arbitrary and capricious; in which the agency makes a decision without reasonable grounds or adequate consideration of the circumstances; 2. Abuse of agency power; were an agency forces rules were a conflict of interest is involved these agency are not allowed to be influenced by gifts from groups or business who are effected by the rules as a means of persuasion. 3. Violation of some other law in place; were a rule being consider conflicts with an existing rule placed by a different agency. 4. Substantial evidence; requires that more evidence exist in support of the rule than against it.5. Ultra vires “beyond its power”; and agency cannot create a rule which is the responsibility of another agency.
If the proposal comment was not adapted I would challenge the agency in court on the basis that it was arbitrary and capricious. TWRA did not consider removing Wild Hogs from big game so hunters could not hunt Wild Hogs and allowing landlords and tenants the right to hunt Wild Hogs in the same fashion as hunters is the same as what they deemed was the cause of the situation they are facing with Wild Hog population getting out of control to the point it has become a major nuisance. The agency also did not consider the impact of money generated by the hunting Wild Hogs. Thousands of out of state hunters travel to Tennessee to hunt Wild Hogs each year. They not only spend money on gaming licenses to hunt the animal they also spend on hotels meals, gas and entertainment while in the state during hunting trip. I believe TWRA should develop rules focused on legal start up business for hunting of Wild Hogs on personal property and impose rules regarding illegal boarding of Wild Hogs. These rules could be structurally designs to general more money in licenses and fees used to sustain the agency existence.

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