Page:United States Statutes at Large Volume 95.djvu/1011

 PUBLIC LAW 97-58—OCT. 9, 1981

95 STAT. 985

manner inconsistent with the provisions of this section or the provisions of the program. The Secretary shall also establish a procedure for the voluntary return by a State to the Secretary of species management authority that was previously transferred to the State under subsection (b)(1). "(2)(A) The Secretary may not revoke a transfer of management Revocation conditions. authority under paragraph (1) unless— intent to revoke together with a statement, in detail, of those actions, or failures to act, on which such intent is based; and "(ii) during the ninety-day period after the date of the notice of intent to revoke— "(I) the Secretary provides opportunity for consultation between him and the State concerning such State actions or failures to act and the remedial measures that should be taken by the State, and "(II) the State does not take such remedial measures as are necessary, in the judgment of the Secretary, to bring its conservation and management program, or the administration or enforcement of the program, into compliance with the provisions of this section. "(B) When a revocation by the Secretary of a transfer of management authority to a State becomes final, or the State voluntarily returns management authority to the Secretary, the Secretary shall regulate the taking, and provide for the conservation and management, of the species within the State in accordance with the provisions of this Act (and in the case of Alaskan Natives, section 101(b) ^^te, p. 981. and subsection (i) of this section shall apply upon such revocation or return of management authority). "(f)(1) The Secretary may not transfer management authority to Authority the State of Alaska under subsection (b)(1) for any species of marine transfer to State of Alaska, mammal unless— restrictions. "(A) the State has adopted and will implement a statute and regulations that insure that the taking of the species for subsistence uses— "(i) is accomplished in a nonwasteful manner, "(ii) will be the priority consumptive use of the species, and "(iii) if required to be restricted, such restriction will be based upon— "(I) the customary and direct dependence upon the species as the mainstay of livelihood, "(II) local residency, and "(III) the availability of alternative resources; and "(B) the State has adopted a statute or regulation that requires that any consumptive use of marine mammal species, other than for subsistence uses, will be authorized during a regulatory year only if the appropriate agency first makes findings, based on an administrative record before it, that— "(i) such use will have no significant adverse impact upon subsistence uses of the species, and "(ii) the regulation of such use, including, but not limited to, licensing of marine mammal hunting guides and the assignment of guiding areas, will, to the maximum extent practicable, provide economic opportunities for the residents of the rural coastal villages of Alaska who engage in subsistence uses of that species.
 * (i) the Secretary provides to the State a written notice of

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