A diversion occurs when the State agency engages in those actions listed at section 80.21(d).  Diversion also occurs when:

(a) A State Fish and Wildlife Agency uses license revenue for wildlife damage management when the State:

(1) prohibits conservation measures for the species causing damage.

(2) 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.  

(3) does not have control and expenditure authority over use of license fees for wildlife damage management.