50 CFR 80 Subpart D

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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of December 10, 2012
Title 50: Wildlife and Fisheries
PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS

Subpart D—Certification of License Holders
Contents
§ 80.30 Why must an agency certify the number of paid license holders?
§ 80.31 How does an agency certify the number of paid license holders?
§ 80.32 What is the certification period?
§ 80.33 How does an agency decide who to count as paid license holders in the annual certification?
§ 80.34 How does an agency calculate net revenue from a license?
§ 80.35 What additional requirements apply to multiyear licenses?
§ 80.36 May an agency count license holders in the annual certification if the agency receives funds
from the State to cover their license fees?
§ 80.37 What must an agency do if it becomes aware of errors in its certified license data?
§ 80.38 May the Service recalculate an apportionment if an agency submits revised data?
§ 80.39 May the Director correct a Service error in apportioning funds?
§ 80.30 Why must an agency certify the number of paid license holders?
A State fish and wildlife agency must certify the number of people having paid licenses to hunt
and paid licenses to fish because the Service uses these data in statutory formulas to apportion funds
in the Wildlife Restoration and Sport Fish Restoration programs among the States.
§ 80.31 How does an agency certify the number of paid license holders?
(a) A State fish and wildlife agency certifies the number of paid license holders by responding to
the Director's annual request for the following information:
(1) The number of people who have paid licenses to hunt in the State during the State-specified
certification period (certification period); and
(2) The number of people who have paid licenses to fish in the State during the certification
period.
(b) The agency director or his or her designee:
(1) Must certify the information at paragraph (a) of this section in the format that the Director
specifies;
(2) Must provide documentation to support the accuracy of this information at the Director's
request;
(3) Is responsible for eliminating multiple counting of the same individuals in the information that
he or she certifies; and

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(4) May use statistical sampling, automated record consolidation, or other techniques approved by
the Director for this purpose.
(c) If an agency director uses statistical sampling to eliminate multiple counting of the same
individuals, he or she must ensure that the sampling is complete by the earlier of the following:
(1) Five years after the last statistical sample; or
(2) Before completing the first certification following any change in the licensing system that could
affect the number of license holders.
§ 80.32 What is the certification period?
A certification period must:
(a) Be 12 consecutive months;
(b) Correspond to the State's fiscal year or license year;
(c) Be consistent from year to year unless the Director approves a change; and
(d) End at least 1 year and no more than 2 years before the beginning of the Federal fiscal year in
which the apportioned funds first become available for expenditure.
§ 80.33 How does an agency decide who to count as paid license holders in the annual
certification?
(a) A State fish and wildlife agency must count only those people who have a license issued:
(1) In the license holder's name; or
(2) With a unique identifier that is traceable to the license holder, who must be verifiable in State
records.
(b) An agency must follow the rules in this table in deciding how to count license holders in the
annual certification:
Type of license holder
How to count each license holder
Once.
(1) A person who has either a paid hunting license or a
paid sportfishing license even if the person is not required
to have a paid license or is unable to hunt or fish
(2) A person who has more than one paid hunting license Once.
because the person either voluntarily obtained them or was
required to have more than one license
Once.
(3) A person who has more than one paid sportfishing
license because the person either voluntarily obtained
them or was required to have more than one license
(4) A person who has a paid single-year hunting license or Once in the certification period in which
a paid single-year sportfishing license for which the agency the license first becomes valid.
receives at least $1 of net revenue. (Single-year licenses
are valid for any length of time less than 2 years.)
(5) A person who has a paid multiyear hunting license or a Once in each certification period in which
the license is valid.
paid multiyear sportfishing license for which the agency
receives at least $1 of net revenue for each year in which
the license is valid. (Multiyear licenses must also meet the
requirements at § 80.35.)
Twice in the first certification period in
which the license is valid: once as a

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person who has a paid hunting license,
(6) A person holding a paid single-year combination
license permitting both hunting and sportfishing for which and once as a person who has a paid
sportfishing license.
the agency receives at least $2 of net revenue
(7) A person holding a paid multiyear combination license Twice in each certification period in
which the license is valid; once as a
permitting both hunting and sportfishing for which the
agency receives at least $2 of net revenue for each year in person who has a paid hunting license,
and once as a person who has a paid
which the license is valid. (Multiyear licenses must also
sportfishing license.
meet the requirements in § 80.35.)
Cannot be counted.
(8) A person who has a license that allows the license
holder only to trap animals or only to engage in commercial
fishing or other commercial activities
§ 80.34 How does an agency calculate net revenue from a license?
The State fish and wildlife agency must calculate net revenue from a license by subtracting the
per-license costs of issuing the license from the revenue generated by the license. Examples of costs
of issuing licenses are vendors' fees, automated license-system costs, licensing-unit personnel costs,
and the costs of printing and distribution.
§ 80.35 What additional requirements apply to multiyear licenses?
The following additional requirements apply to multiyear licenses:
(a) A multiyear license may be valid for either a specific or indeterminate number of years, but it
must be valid for at least 2 years.
(b) The agency must receive net revenue from a multiyear license that is in close approximation to
the net revenue received for a single-year license providing similar privileges:
(1) Each year during the license period; or
(2) At the time of sale as if it were a single-payment annuity, which is an investment of the license
fee that results in the agency receiving at least the minimum required net revenue for each year of the
license period.
(c) An agency may spend a multiyear license fee as soon as the agency receives it as long as the
fee provides the minimum required net revenue for the license period.
(d) The agency must count only the licenses that meet the minimum required net revenue for the
license period based on:
(1) The duration of the license in the case of a multiyear license with a specified ending date; or
(2) Whether the license holder remains alive.
(e) The agency must obtain the Director's approval of its proposed technique to decide how many
multiyear-license holders remain alive in the certification period. Some examples of techniques are
statistical sampling, life-expectancy tables, and mortality tables.
§ 80.36 May an agency count license holders in the annual certification if the agency receives
funds from the State to cover their license fees?
If a State fish and wildlife agency receives funds from the State to cover fees for some license
holders, the agency may count those license holders in the annual certification only under the
following conditions:
(a) The State funds to cover license fees must come from a source other than hunting- and fishing
-license revenue.

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(b) The State must identify funds to cover license fees separately from other funds provided to the
agency.
(c) The agency must receive at least the average amount of State-provided discretionary funds
that it received for the administration of the State's fish and wildlife agency during the State's five
previous fiscal years.
(1) State-provided discretionary funds are those from the State's general fund that the State may
increase or decrease if it chooses to do so.
(2) Some State-provided funds are from special taxes, trust funds, gifts, bequests, or other
sources specifically dedicated to the support of the State fish and wildlife agency. These funds
typically fluctuate annually due to interest rates, sales, or other factors. They are not discretionary
funds for purposes of this part as long as the State does not take any action to reduce the amount
available to its fish and wildlife agency.
(d) The agency must receive State funds that are at least equal to the fees charged for the singleyear license providing similar privileges. If the State does not have a single-year license providing
similar privileges, the Director must approve the fee paid by the State for those license holders.
(e) The agency must receive and account for the State funds as license revenue.
(f) The agency must issue licenses in the license holder's name or by using a unique identifier that
is traceable to the license holder, who must be verifiable in State records.
(g) The license fees must meet all other requirements of 50 CFR 80.
§ 80.37 What must an agency do if it becomes aware of errors in its certified license data?
A State fish and wildlife agency must submit revised certified data on paid license holders within
90 days after it becomes aware of errors in its certified data. The State may become ineligible to
participate in the benefits of the relevant Act if it becomes aware of errors in its certified data and does
not resubmit accurate certified data within 90 days.
§ 80.38 May the Service recalculate an apportionment if an agency submits revised data?
The Service may recalculate an apportionment of funds based on revised certified license data
under the following conditions:
(a) If the Service receives revised certified data for a pending apportionment before the Director
approves the final apportionment, the Service may recalculate the pending apportionment.
(b) If the Service receives revised certified data for an apportionment after the Director has
approved the final version of that apportionment, the Service may recalculate the final apportionment
only if it would not reduce funds to other State fish and wildlife agencies.
§ 80.39 May the Director correct a Service error in apportioning funds?
Yes. The Director may correct any error that the Service makes in apportioning funds.

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