1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly).
I have three kids and for better or worse we have become a family of reptile owners. I find the plight of any reptile an interesting matter. I found this U.S. Fish and Wildlife act about Gopher tortoises. The U.S. Fish and Wildlife Service felt the Gopher tortoise needed federal protection. The U.S. Fish and Wildlife Service control the regulation that would allow the Gopher tortoise to receive protection under the Endangered Species Act. If the Gopher tortoise is added to the endangered species list a lot of farmers and land developers would be ...view middle of the document...
I support the Gopher tortoise being protected under the Endangered Species Act with certain limitations. I propose that each state designates land that will be used as a refuge for the Gopher tortoise. When land owners encounter the Gopher tortoise on their property that would prohibit development, the agency would relocate the Gopher tortoise to a designated Gopher refuge without fee to the land owner. (http://www.gophertortoise.org/tortoise/facts.htm)
4. Provide the "deadline" by which the public comment must be made.
The U.S. Fish and Wildlife Service requested a 90-day finding to obtain information to determine if the Gopher tortoise in the Eastern region of the United States should be added to the endangered species list. The initial deadline for submitting comments was November 9, 2009. Due to receiving “substantial scientific or commercial information indicating that listing the eastern population of the Gopher tortoise may be warranted” the deadline was extended to March 15, 2010.
5. A. Once you have submitted your comment, what will you are legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbooks discussion of the Administrative Procedure Act.
Department of Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. 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, the public is given other opportunities to comment. Once the deadline date for comments has expired, the document will be published in the Federal Register for additional comment, commonly for a 30-day comment period. Those parties who made comments on the rule(s) during the proposal stage can challenge the validity of the rules in court. An administrative rule 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 discretion, Orin violation of some other law. This standard is generally applied to formal rulemaking and simply requires the agency to show evidence to support the proposed rule. After the comment period is over, the agency has three choices about what to do with the proposed rule(s). The first choice is simply to adopt the rules. The second choice is to modify the proposed rules and go through the process of public comment again. If the modification is minor, however, the APA (Administrative Procedure Act) allows the agency to adopt a modified version of the rule without going through the public comment period again. The final choice of the proposing agency is to...