[Kensdock]

Here is the law:
Any State fish and wildlife agency desiring to avail itself of the benefits of the Acts shall notify the Secretary within 60 days after it has received a certificate of apportionment of funds available to the State. Notification to the Secretary may be accomplished by either of the following methods. In either method, the document must be signed by a State official authorized to commit the State to participation under the Act(s).
(a) Submitting to the regional director within the 60-day period a letter stating the desire of the State to participate in the Act(s); or,
(b) Having an approved Application for Federal Assistance which contains plans for the use of Wildlife and Sport Fish Restoration Program funds during the period of the apportionment.
[47 FR 22539, May 25, 1982, as amended at 73 FR 43128, July 24, 2008]

§ 80.10 State certification of licenses.

(a) To ensure proper apportionment of Federal funds, the Service requires that each director of a State fish and wildlife agency:
(1) Specify a license certification period that:
(i) Is 12 consecutive months in length;
(ii) Is either the State’s fiscal year or license year;
(iii) Is consistent from year to year; and
(iv) Ends no less than 1 year and no more than 2 years before the beginning of the Federal fiscal year that the apportioned funds first become available for expenditure;
(2) Obtain the Director’s approval before changing the State-specified license certification period; and
(3) Annually provide to the Service the following data:
(i) The number of persons who hold paid licenses that authorize an individual to hunt in the State during the State-specified license certification period; and
(ii) The number of persons who hold paid licenses that authorize an individual to fish in the State during the State-specified license certification period.
(b) When counting persons holding paid hunting or fishing licenses in a State-specified license certification period, a State fish and wildlife agency must abide by the following requirements:
(1) The State may count all persons who possess a paid license that allows the licensee to hunt or fish for sport or recreation. The State may not count persons holding a license that allows the licensee only to trap animals or only to engage in commercial activities.
(2) The State may count only those persons who possess a license that produced net revenue of at least $1 per year returned to the State after deducting costs directly associated with issuance of the license. Examples of such costs are agents’ or sellers’ fees and the cost of printing, distribution, and control.
(3) The State may count persons possessing a single-year license (one that is legal for less than 2 years) only in the State-specified license certification period in which the license was purchased.
(4) The State may count persons possessing a multiyear license (one that is legal for 2 years or more) in each State-specified license certification period in which the license is legal, whether it is legal for a specific or indeterminate number of years, only if:
(i) The net revenue from the license is in close approximation with the number of years in which the license is legal, and
(ii) The State fish and wildlife agency uses statistical sampling or other techniques approved by the Director to determine whether the licensee remains a license holder.
(5) The State may count persons possessing a combination license (one that permits the licensee to both hunt and fish) with:
(i) The number of persons who hold paid hunting licenses in the State-specified license certification period, and
(ii) The number of persons who hold paid fishing licenses in the same State-specified license certification period.
(6) The State may count persons possessing multiple hunting or fishing licenses (in States that require or permit more than one license to hunt or more than one license to fish) only once with:
(i) The number of persons who hold paid hunting licenses in the State-specified license certification period, and
(ii) The number of persons who hold paid fishing licenses in the same State-specified license certification period.
(c) The director of the State fish and wildlife agency must provide the certified information required in paragraphs (a) and (b) of this section to the Service by the date and in the format that the Director specifies. If the Director requests it, the director of the State fish and wildlife agency must provide documentation to support the accuracy of this information. The director of the State fish and wildlife agency is responsible for eliminating multiple counting of single individuals in the information that he or she certifies and may use statistical sampling or other techniques approved by the Director for this purpose.
(d) Once the Director approves the certified information required in paragraphs (a) and (b) of this section, the Service must not adjust the numbers if such adjustment would adversely impact any apportionment of funds to a State fish and wildlife agency other than the agency whose certified numbers are being adjusted. However, the Director may correct an error made by the Service.
[73 FR 43128, July 24, 2008]

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