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eCFR — Code of Federal Regulations
ELECTRONIC CODE OF FEDERAL REGULATIONS
eCFR data is current as of March 15, 2016
Title 50 → Chapter I → Subchapter F → Part 80 → Subpart D
Title 50: Wildlife and Fisheries
PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMANROBERTSON 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?
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§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.
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§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 Statespecified 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
(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
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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.
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§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.
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§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
(1) A person who has either a paid hunting license or a paid sportfishing license even if the
Once.
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 because the person either voluntarily Once.
obtained them or was required to have more than one license
(3) A person who has more than one paid sportfishing license because the person either
Once.
voluntarily obtained them or was required to have more than one license
(4) A person who has a paid singleyear hunting license or a paid singleyear sportfishing license Once in the certification period in which the license first
for which the agency receives at least $1 of net revenue. (Singleyear licenses are valid for any becomes valid.
length of time less than 2 years.)
(5) A person who has a paid multiyear hunting license or a paid multiyear sportfishing license for Once in each certification period in which the license is valid.
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.)
(6) A person holding a paid singleyear combination license permitting both hunting and
Twice in the first certification period in which the license is
sportfishing for which the agency receives at least $2 of net revenue
valid: once as a person who has a paid hunting license, and
once as a person who has a paid sportfishing license.
(7) A person holding a paid multiyear combination license permitting both hunting and
Twice in each certification period in which the license is valid;
sportfishing for which the agency receives at least $2 of net revenue for each year in which the once as a person who has a paid hunting license, and once as
license is valid. (Multiyear licenses must also meet the requirements in §80.35.)
a person who has a paid sportfishing license.
(8) A person who has a license that allows the license holder only to trap animals or only to
Cannot be counted.
engage in commercial fishing or other commercial activities
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§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 perlicense costs of
issuing the license from the revenue generated by the license. Examples of costs of issuing licenses are vendors' fees,
automated licensesystem costs, licensingunit personnel costs, and the costs of printing and distribution.
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§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
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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 singleyear license providing similar privileges:
(1) Each year during the license period; or
(2) At the time of sale as if it were a singlepayment 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 multiyearlicense
holders remain alive in the certification period. Some examples of techniques are statistical sampling, lifeexpectancy
tables, and mortality tables.
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§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 fishinglicense revenue.
(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 Stateprovided 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) Stateprovided 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 Stateprovided 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 singleyear 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.
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§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.
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§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.
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§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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File Modified | 2016-03-17 |
File Created | 2016-03-17 |