[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR403.07]

[Page 839-840]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 403_TRANSFER OF MARINE MAMMAL MANAGEMENT AUTHORITY TO STATES--Table
 
Sec. 403.07  Revocation and return of State management authority.

    (a) Revocation of management. The Service shall have responsibility 
to review management of a species transferred to a state under this part 
and to determine whether or not the implementation of the state 
management program continues to comply with the requirements of the Act, 
this part and the state's approved management program.
    (1) Upon receipt of any substantial factual information suggesting 
that the state management program is not being implemented or is being 
implemented in a manner inconsistent with the Act, this part, or the 
state's approved management program, the Service shall, as soon as 
practicable but not later than 30 days after receipt, determine whether 
or not the state continues to comply with the requirements of the Act, 
this part and the state's approved management program.
    (2) Whenever pursuant to a review as specified in paragraph (a)(1) 
of this section, the Service determines that any substantial aspect of 
the state management program is not in compliance with the requirements 
of the Act, this part or the state's approved management program, it 
shall provide written notice to the state of its intent to revoke 
management authority, together with a statement, in detail, of those 
actions or failures to act upon which such intent to revoke is based. 
The Service shall publish notice of such intent to revoke in the Federal 
Register and invite public comment thereon, and shall conduct an 
informal public hearing on the matter if requested by the state or if 
the Service otherwise determines it to be necessary. The Service shall 
provide to the state an opportunity for consultation between the Service 
and the state concerning such actions or failures and necessary remedial 
actions to be taken by the state.
    (3) If within 90 days after notice is provided under paragraph 
(a)(2) of this section, the state has not taken such remedial measures 
as are necessary, in the judgment of the Service, to bring the state 
management program into compliance with the provision of the Act, this 
part and the state's approved

[[Page 840]]

management program, the Service shall revoke the transfer of management 
authority by written notice to the state and publication in the Federal 
Register.
    (b) Voluntary return of management authority to the Service. (1) If 
a state desires to return management of a species of marine mammals to 
the Service, it shall provide the Service notice of intent to return 
management. The Service shall accept the return of management, and such 
return shall become effective, upon publication of a notice in the 
Federal Register to this effect no sooner than 30 days (except in an 
emergency as determined by the Service) nor longer than 60 days after 
the state has provided notice of its intent to return management or 
unless otherwise agreed upon.
    (2) If implementation of any aspect of the state management program 
is enjoined by court order, the state shall advise the Service of such 
injunction and its effect on the state management program. If the state 
determines that the effect of the injunction is to preclude effective 
conservation and management of the species under the terms of the state 
management program, it shall so notify the Service and such notification 
shall be treated as a notice of intent to return management as provided 
in paragraph (b)(1) of this section. If the state determines that the 
injunction does not preclude effective conservation and management of 
marine mammals under the terms of the state management program, it shall 
so notify the Service together with the basis for the state's 
determination and such notice shall be treated as a report submitted 
pursuant to the terms of Sec. 403.06(c)(1) of this part. In either 
case, the state shall provide notice to the Service as soon as 
practicable but not more than 30 days after issuance of the injunction. 
Management authority returned to the Service pursuant to this paragraph 
may be re-transferred to the state, notwithstanding the requirements of 
Sec. 403.03, when, in the judgment of the Service, the cause for return 
of management authority to the Service has been alleviated in such a way 
as to allow effective conservation and management of the species 
consistent with the requirements of the Act and this part.
    (c) When revocation of a management authority pursuant to paragraph 
(a) of this section becomes final, or when a state returns management 
pursuant to paragraph (b) of this section, the Service shall resume such 
management authority and provide for the conservation of the species 
within the state in accordance with the provisions of the Act.