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A diversion occurs when you engage in those actions listed at section 80.21(d). Diversion also occurs when you use license revenue for wildlife damage management when your State:
(a) Prohibits conservation measures for the species causing damage.
(b) Has delegated management authority for a management activity for a species to another agency and license revenue is still used to pay for that activity.
(c) Does not have control and expenditure authority over use of license fees for wildlife damage management.
The Director may declare a State to be in diversion if it violates the requirements of § 80.10 by diverting license revenue from the control of its fish and wildlife agency to purposes other than the agency's administration. The State is then ineligible to receive benefits under the relevant Act from the date the Director signs the declaration until the State resolves the diversion. Only the Director may declare a State to be in diversion, and only the Director may rescind the declaration.