Sec. 3. Delegation to States of authority under Migratory Bird Treaty Act with respect to cormorants
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/bill/113/hr/1788/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7 of the Migratory Bird Treaty Act ( 16 U.S.C. 708 ) is amended— by inserting
(a)before the first sentence; and Preservation of State authority.— by adding at the end the following: The authority of the Secretary under this Act with respect to cormorants in a State is hereby delegated to the governor of the State effective on the date on which the Secretary approves a management plan for cormorants in the State that is submitted by the governor. The Secretary shall approve or disapprove a management plan submitted under this subsection by not later than the end of the 60-day period beginning on the date the plan is submitted. The Secretary shall approve a management plan submitted under this subsection if the plan is in accordance with United States obligations under treaties and Federal law. If the Secretary disapproves a management plan under this subsection the Secretary shall provide to the governor who submitted the plan the reasons for the disapproval and an opportunity to revise and resubmit the plan. Except as provided in subparagraph (E), if the Secretary does not approve or disapprove a management plan before the end of the period referred to in paragraph
(1)the Secretary is deemed to have approved the plan. A management plan shall not be approved under this paragraph if the plan is found to be in violation of United States obligations under treaties and Federal law. The Secretary— shall review every 5 years each management plan approved for a State under this subsection and the State governor’s exercise of authority delegated under this subsection; and may revoke such approval and delegation if, based on such review, the Secretary determines that the plan or the governor’s exercise of authority delegated under this subsection is not in accordance with this Act or any treaty implemented by this Act. A management plan that is approved for a State under this subsection shall apply in that State with respect to management of cormorants, in lieu of regulations issued under this Act. In exercising authority delegated under this subsection the governor of a State shall comply with this Act and all treaties implemented by this Act. Nothing in this subsection limits the authority of the Secretary or any Federal agency to exercise authority under any Federal law to assist a State, upon request by the governor of the State, with control of cormorants. In this subsection the term cormorant means the double-crested cormorant (Phalacrocorax auritus). . The Secretary of the Interior, acting in consultation with the National Aquaculture Information Center and the Animal and Plant Health Inspection Service, shall conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in aquaculture facilities, which contributes to the proliferation of cormorants. Nothing in this subsection restricts the authority of other Federal or State wildlife or natural resource management agencies to cooperate with the owners and operators of aquaculture facilities regarding the management and control of cormorants to prevent their proliferation. In this subsection, the term cormorant means the double-crested cormorant (Phalacrocorax auritus).
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Sec. 3
Delegation to States of authority under Migratory Bird Treaty Act with respect to cormorants
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