(a) Some examples of Wildlife Restoration projects that are ineligible for funding are:

(1) Public relations activities that promote organizations or agencies and that do not apply to educational, technical assistance, or outreach activities specifically related to accomplishment of Federal Aid grants or programs.

(2) Activities whose purpose is producing revenue. This includes all processes and procedures directly related to the printing, distribution, issuance, or sale of licenses, permits, etc., imposed by law or regulation. It also includes the acquisition of real or personal property for the purpose of rental, lease, sale, or other commercial purposes.

(3) The activities and associated costs of the development and maintenance of an automated licensing system are eligible for Federal Aid funding to the degree that it supports development of databases for storing State management information, or that would improve the States' license certification process. In such cases, the grant proposal must contain an allocation of costs between eligible and ineligible activities. 

(4) The production of income that results from otherwise eligible activities, incidental to these activities, is not prohibited. Examples are sale of surplus commodities, collection of user fees, etc. 

(5) Providing services or property of material value to individuals or groups for commercial purposes or to benefit such individuals or groups. This does not prohibit providing technical assistance to a private landowner or operator where a public benefit will be served.

(6) Enforcement of game and fish laws and regulations. This includes routine patrol, investigations, and law enforcement training.  This does not prohibit activities necessary to accomplish Federal Aid grant purposes, or to protect Federal Aid assets, such as control of public entry. Nor does it prohibit activities to ensure public health and safety on Federal Aid areas. 

(7) Establishment, publication, and dissemination of regulations issued by a State pertaining to the protection and utilization of fish and wildlife resources. Includes laws, orders, seasonal regulations, bag limits, creel limits, license fees, etc. This does not prohibit the scientific collection of information needed to support management recommendations.

(8) Stocking of game animals for the purpose of providing hunting of the animals stocked without objectives for restoration or establishment of self-sustaining populations.

(9) Furnishing public facilities, equipment, or services in excess of the minimum required to meet grant purposes or health and safety standards.

(10) Wildlife damage management activities, including removal or control of predatory, nuisance, or depredating animals; purchase or application of repellants or toxicants; installation of control pipes, culverts, fences, or other barrier or exclusion structures; or compensation for damage caused by predatory or depredating animals, if when any of the following conditions apply:

(i) State prohibits or restricts conservation measures, such as hunting and trapping, for the species causing damage to a level that compromises the ability of the State fish and wildlife agency to reasonably attain its wildlife management objectives (excepting circumstances where firearms, archery, or trapping restrictions for valid public safety reasons as verified by the agency preclude hunting or trapping, or the restrictions are the result of Federal primary legal authority).

(ii) State has specifically delegated management authority for the animals in question to an agency or entity other than the State fish and wildlife agency.

(iii) State fish and wildlife agency does not have control and expenditure authority over use of license fees for wildlife damage management.

(iv) The primary purpose of the wildlife damage management activity is not an eligible activity in the Wildlife Restoration Program. 

(b) Examples of projects that are ineligible for funding under the Recreational Boating Access subprogram are: 

(1) Conducting activities that do not directly provide safe or improved access, or associated facilities or services, primarily for the benefit of recreational boaters unless the State prorates costs equitably based on the relative uses or benefits given.

(2) Acquiring, constructing, or maintaining enclosed dry-land boat storage or seasonal mooring.

(3) Providing personal services or private conveniences above what is needed for public purposes, such as private telephones or television cable connections, boat painting, or mechanical repairs.

(4) Conducting activities designed exclusively to benefit private or commercial uses.

(5) Activities that promote the State fish and wildlife agency, other State administrative units, or the State.

(6) Activities for the primary purpose of producing income. G. Enforcing fish, wildlife, or boating regulations.