SBA - Office of Advocacy - Letter dated 12 16 05 - Fish and Wildlife Service - Reopening the Comment

December 16, 2005 Via Facsimile and Electronic Mail The Honorable Craig Manson Assistant Secretary for Fish, Wildlife and Parks U.S. Department of Interior 1849 C Street, N.W. Room 3156 Washington, DC 20240 Re: Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus); Extension of Comment Period (70 Fed. Reg. 61,933). Dear Assistant Secretary Manson: 1The Office of Advocacy of the U.S. Small Business Administration (Advocacy) submits these comments on the U.S. Fish and Wildlife Service’s (FWS) release, Injurious Wildlife 2Species; Black Carp (Mylopharyngodon piceus); Extension of Comment Period. Advocacy believes that the economic analysis prepared by FWS and the public comments received to date do not support FWS’ decision to certify this rule under the Regulatory Flexibility Act (RFA) as not having a significant economic impact on a substantial number of small entities. Should FWS adopt the regulatory alternative advanced in this rulemaking to date, Advocacy believes FWS should first complete an initial and final regulatory flexibility analysis under the RFA before finalizing the rule. Further, FWS should reconsider its rejection of other regulatory alternatives, including one regulatory alternative submitted by numerous small business commenters. This rule currently appears to adopt a regulatory alternative which is not supported by the agency’s economic analysis and is likely to result in serious harm to an ...