§ 80.36May 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.
(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 single-year 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.
Title 50 published on 2013-10-01
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