Letter from TMS to FWS re Flycatcher CH- Reopening of Comment Electronic Final 7-14-05

OFFICE OF ADVOCACY U.S. SMALL BUSINESS ADMINISTRATION WASHINGTON, DC 20416 July 14, 2005 Via Facsimile and Electronic Mail The Honorable Craig Manson Assistant Secretary for Fish, Wildlife, and Parks U.S. Department of the Interior 1849 C Street, N.W. Room 3156 Washington, DC 20240 Re: Reopening the Comment Period on Proposed Designation of Critical Habitat for the Southwestern Willow Flycatcher (70 Fed. Reg. 39,227, July 7, 2005). Dear Assistant Secretary Manson: The Office of Advocacy of the U.S. Small Business Administration (Advocacy) submits these comments on the U.S. Fish and Wildlife Service’s (FWS) Reopening of the Comment Period on Proposed Designation of Critical Habitat for the Southwestern 1Willow Flycatcher. Advocacy believes that FWS has not yet addressed the legal concerns that Advocacy raised in response to the initial proposal to designate critical 2habitat for the Southwestern Willow Flycatcher. Advocacy strongly recommends that FWS withdraw the certification of this rule and publish an initial regulatory flexibility analysis for public comment. Congress established Advocacy in 1976 under Pub. L. No. 94-305 to represent the views 3and interests of small business within the Federal government. Advocacy is an independent office within the Small Business Administration (SBA), so the views expressed by Advocacy do not necessarily reflect the views of the SBA or the Administration. Further, Advocacy has a ...