Page:United States Statutes at Large Volume 95.djvu/1009

 PUBLIC LAW 97-58—OCT. 9, 1981 "(F) provides procedures for acquiring data, and evaluating such data and other new evidence, relating to the OSP of the species, and the maximum take that would maintain the species at that level, and, if required on the basis of such evaluation, for amending determinations under subparagraph (C)(i); "(G) provides procedures for the resolution of differences between the State and the Secretary that might arise during the development of a cooperative allocation agreement under subsection (d)(1); and "(H) provides for the submission of an annual report to the Secretary regarding the administration of the program during the reporting period. "(2) During the period between the transfer of management authority for a species to a State under paragraph (1) and the time at which the implementation requirements under paragraph (l)(C)(ii) are complied with— "(A) the State program shall not apply with respect to the taking of the species within the State for any purpose, or under any condition, provided for under section 101; and (B) the Secretary shall continue to regulate, under this title, all takings of the species within the State. "(3) After the determination required under paragraph (l)(C)(i) regarding a species is final and implemented under State law and after a cooperative allocation agreement described in subsection (d)(1), if required, is implemented for such species— "(A) such determination shall be treated, for purposes of applying this title beyond the territory of the State, as a determination made in accordance with section 103 and as an applicable waiver under section 101(a)(3); "(B) the Secretary shall regulate, without regard to this section other than the allocations specified under such an agreement, the taking of the species— "(i) incidentally in the course of commercial fishing operations (whether provided for under section 101(a)(2) or (4)), or in the course of other specified activities provided for under section 101(a)(5), in the zone described in section 3(14)(B), and "(ii) for scientific research or public display purposes (other than by, or on behalf of, the State), except that any taking authorized under a permit issued pursuant to section 101(a)(1) after the date of the enactment of the 1981 amendment to this subsection allowing the removal of live animals from habitat within the State shall not be effective if the State agency disapproves, on or before the date of issuance of the permit, such taking as being inconsistent with the State program; and "(C) section 101(b) shall not apply. "(c) The State process required under subsection (b)(1)(C) must comply with the following standards: "(1) The State agency with management authority for the species (hereinafter in this section referred to as the 'State agency') must make an initial determination regarding the factors described in clause (i) of that subsection. The State agency must identify, and make available to the public under reasonable circumstances, the documentation supporting such initial determination. Unless request for a hearing under paragraph (2) regarding the initial determination is timely made, the initial determination shall be treated as final under State law.

89-194 0 - 8 2

64:QL3

95 STAT. 983

16 USC 1371.

16 USC 1373.

^^te, pp. 979, ^«<e, p. 979.

Compliance standards.

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