The Director may declare a State to be in diversion if it violates the requirements of §80.41 by diverting license revenue from either the control of its fish and wildlife agency or 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.
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3 Comments
Ryan Oster
Oct 06, 2015The title of this section implies that a diversion only occurs when license revenue is no longer controlled by the State FW agency. In reality, during the last revision of 50 CFR 80, the Service incorporated the "used only for the administration of the State FW agency" in addition to control of license revenue. So can we change the title of this section to simply, "§ 80.42 What if a State diverts license revenue?"
Also, suggest editing the first sentence to read, "The Director may declare a State to be in diversion if it violates the requirements of §80.41 by diverting license revenue from either the control of the State fish and wildlife agency or for purposes other than the administration of the State fish and wildlife agency."
Anonymous
Feb 01, 2016In order to agree with the wording in 80.21, there should be an ", or" inserted following the word "agency" in the first sentence, so that a diversion could be declared if either condition existed. As written, both conditions would have to be in place in order for a diversion to be declared and that does not seem to be the intent based on the definition in 80.21.
Pete Barlow
Feb 10, 2016These suggestions have been implemented. Thanks for commenting.