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.
11 Comments
Scott Knight
Jul 23, 2015(2) has delegated management authority for that species to another agency
The delegation of the authority to another agency itself does not create a diversion. The diversion occurs, when license fees are used to pay for the delegated activity. Since the State fish and wildlife agency no longer has management authority for the delegated species, the State must demonstrate a nexus to the administration of the State fish and wildlife agency before spending license revenue for the delegated species.
Pete Barlow
Jul 23, 2015This is some of the language from 521 FW 1.9-1.10 that I proposed putting in, if it's true for these programs. If not, we need to amend or rescind the existing chapter for the inaccuracy.
Scott Knight
Jul 23, 2015It applies, but it is more a case of clarity.
Pete Barlow
Oct 13, 2015I gotcha, made the change. I think I was sleepy the first time I replied
Ryan Oster
Oct 06, 2015"A diversion occurs when the State agency engages in those actions listed at section 80.11 (c)." In this new version of 50 CFR 80, there is no 80.11(c)? Were you meaning to cite section 80.21 (d)?
Pete Barlow
Oct 06, 2015good catch, I have changed this section to reflect in the hardcopy version that'll be out for internal review soon. Thanks for the edit.
I don't quite get the qualitative change your suggestion on the previous part would make. We should chat.
Phil King
Oct 09, 2015Once again....define control
Pete Barlow
Feb 10, 2016done
Tom Barnes
Jan 21, 2016It should be "State fish and wildlife agency" the first time it is used in a section, but "agency" for all subsequent uses in the section. Do not capitalize "fish and wildlife agency." This was in part a requirement of the Secretary's Office in the 2010-11 rulemaking.
Tom Barnes
Jan 21, 2016The alphanumeric sequence in this section is not correct.
Eliminate this section and include its contents in whatever section was intended by the reference to 80.11(c), which doesn't exist.
The first word after an alphanumeric designator, e.g., (a), (4), (ii), must be capitalized in a regulation
Pete Barlow
Feb 10, 2016These suggestions have been implemented. Thank you all for your suggestions.