Revision of Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations, 56201-56204 [2017-25661]
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
§ 96.55
PART 96—CITIZENS BROADBAND
RADIO SERVICE
[Amended].
7. Section 96.55 is amended by
removing and reserving paragraph (a)(3).
■
1. The authority citation for part 96
continues to read as follows:
■
[FR Doc. 2017–25672 Filed 11–27–17; 8:45 am]
BILLING CODE 6712–01–P
Authority: 47 U.S.C. 154(i), 303, and 307.
2. Section 96.25 is amended by
revising paragraphs (a) and (b)(3) to read
as follows:
■
§ 96.25
[Removed and Reserved]
3. Remove and reserve § 96.27.
4. Section 96.29 is revised to read as
follows:
■
■
§ 96.29
Competitive bidding procedures.
Mutually exclusive initial
applications for Priority Access Licenses
are subject to competitive bidding. The
general competitive bidding procedures
set forth in part 1, subpart Q of this
chapter will apply unless otherwise
provided in this subpart.
■ 5. Section 96.32 is amended by
revising paragraph (b) to read as follows:
§ 96.32 Priority access assignments of
authorization, transfer of control, and
leasing arrangements.
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(b) Priority Access Licensees may
partition or disaggregate their licenses
and partially assign or transfer their
licenses and may enter into de facto
leasing arrangements for a portion of
their licenses.
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*
■ 6. Section 96.41 is amended by
revising paragraph (e)(2) to read as
follows:
jstallworth on DSKBBY8HB2PROD with PROPOSALS
*
§ 96.41
Fish and Wildlife Service
Priority access licenses.
(a) An applicant must file an
application for an initial authorization
for all PALs desired. Initial
authorizations shall be granted in
accordance with Section 96.29. Priority
Access Licensees must operate CBSDs
consistent with the technical rules and
interference protection requirements set
for in this part.
(b) * * *
(3) License term. Each PAL has a tenyear license term. Licensees must file a
renewal application in accordance with
the provisions of Section 1.949.
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§ 96.27
DEPARTMENT OF THE INTERIOR
General radio requirements.
(e) * * *
(2) Additional protection levels.
Notwithstanding paragraph (e)(1) of this
section, the conducted power of any
emissions below 3530 MHz or above
3720 MHz shall not exceed ¥40dBm/
MHz.
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50 CFR Part 91
[Docket No. FWS–HQ–MB–2015–0161;
FXMB12330900000//189//FF09M13200]
RIN 1018–BB23
Revision of Federal Migratory Bird
Hunting and Conservation Stamp
(Duck Stamp) Contest Regulations
AGENCY:
Fish and Wildlife Service,
Interior.
Revised proposed rule; request
for comments.
ACTION:
We, the Fish and Wildlife
Service (Service), are revising our
previous proposal to revise regulations
governing the annual Migratory Bird
Hunting and Conservation Stamp
Contest (also known as the Federal Duck
Stamp Contest (contest)). The proposals
in this document are revisions to our
February 11, 2016, proposed rule and
consist of further updates to the
scientific names of species on our list of
contest design subjects, updates to
recognize technological advances in
stamp design and printing, and
proposed requirements specific to the
2018 contest.
DATES: We will accept comments that
we receive on or before December 28,
2017. Please note that if you are using
the Federal eRulemaking Portal (see
ADDRESSES, below), the deadline for
submitting an electronic comment is
11:59 p.m. Eastern Time on the closing
date.
ADDRESSES: You may submit comments
by one of the following methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–MB–2015–0161, which
is the docket number for this proposed
rule. Then, in the Search panel on the
left side of the screen, under the
Document Type heading, click on the
Proposed Rules link to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’ Please
ensure that you have found the correct
rulemaking before submitting your
comment.
• By hard copy: Submit by U.S. mail
or hand delivery to: Public Comments
SUMMARY:
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56201
Processing, Attn: FWS–HQ–MB–2015–
0161; Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service; 5275 Leesburg
Pike, MS: BPHC; Falls Church, VA
22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comment Procedures and Public
Availability of Comments under
SUPPLEMENTARY INFORMATION for more
information).
FOR FURTHER INFORMATION CONTACT:
Suzanne Fellows, (703) 358–2145,
suzanne_fellows@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
History of the Federal Migratory Bird
Hunting and Conservation Stamp (Duck
Stamp) Program
On March 16, 1934, Congress passed,
and President Franklin D. Roosevelt
signed, the Migratory Bird Hunting
Stamp Act. Popularly known as the
Duck Stamp Act, it required all
waterfowl hunters 16 years or older to
buy a stamp annually. The revenue
generated was originally earmarked for
the Department of Agriculture, but 5
years later was transferred to the
Department of the Interior and the
Service.
In the years since its enactment, the
Federal Duck Stamp Program has
become one of the most popular and
successful conservation programs ever
initiated. Today, some 1.8 million
stamps are sold each year, and as of
2017, Federal Duck Stamps have
generated more than $1 billion for the
preservation of more than 6 million
acres of waterfowl habitat in the United
States. Numerous other birds, mammals,
fish, reptiles, and amphibians have
similarly prospered because of habitat
protection made possible by the
program. An estimated one-third of the
Nation’s endangered and threatened
species find food or shelter in refuges
preserved by Duck Stamp funds.
Moreover, the protected wetlands help
dissipate storms, purify water supplies,
store flood water, and nourish fish
hatchlings important for sport and
commercial fishermen.
History of the Duck Stamp Contest
The first Federal Duck Stamp was
designed at President Roosevelt’s
request by Jay N. ‘‘Ding’’ Darling, a
nationally known political cartoonist for
the Des Moines Register and a noted
hunter and wildlife conservationist. In
subsequent years, noted wildlife artists
were asked to submit designs. The first
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Duck Stamp Contest was
opened in 1949 to any U.S. artist who
wished to enter, and 65 artists
submitted a total of 88 design entries.
Since then, the contest has attracted
large numbers of entrants, and it
remains the only art competition of its
kind sponsored by the U.S. Government.
The Secretary of the Interior appoints a
panel of noted art, waterfowl, and
philatelic authorities to select each
year’s winning design. Winners receive
no compensation for the work, except a
pane of their stamps, but winners may
sell prints of their designs, which are
sought by hunters, conservationists, and
art collectors.
Theme of 2019–2020 Stamp
Throughout the history of the Federal
Duck Stamp, there has been an effort to
increase its messaging capabilities. For
example, in 1959, the theme of the
contest was ‘‘Retrievers Save Game,’’
and artists were required to produce a
design which illustrated this theme. The
resulting 1959–1960 stamp, the ‘‘King
Buck,’’ featuring a black Labrador
Retriever and a mallard, is arguably
among the most identifiable Federal
Duck Stamps. With the introduction of
the 1998–1999 pressure-sensitive
adhesive stamp, the Service developed
a dollar-bill sized stamp carrier which
provided additional area for visual and
verbal messages. Additional
opportunities exist for messages on the
back of the stamp as well as on the
appreciation certificates that are
available to customers interested in the
Duck Stamp Program.
To address Executive Order 13443
(Facilitation of Hunting Heritage and
Wildlife Conservation; 72 FR 46537,
August 20, 2007) and Department of the
Interior Secretary’s Order 3356
(Hunting, Fishing, Recreational
Shooting, and Wildlife Conservation
Opportunities and Coordination with
States, Tribes, and Territories;
September 15, 2017), the theme of the
2019–2020 stamp and accompanying
certificate of appreciation will be
‘‘celebrating our waterfowl hunting
heritage.’’ This will provide visual and
verbal recognition to the contributions
waterfowl hunters make to habitat
conservation. As the only ones required
to purchase a Federal Duck Stamp,
waterfowl hunters have been the
primary supporters of the Federal Duck
Stamp program and have enabled the
purchase of wetland habitats that
support both hunted and nonhunted
species, assist in flood control and water
purification, and provide communities
with an economic stimulus. By
celebrating our waterfowl hunting
heritage and showing hunters in a
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positive light as active wildlife
conservationists on the 2019–2020
stamp, we will celebrate their
contributions to providing public lands
and robust wildlife populations.
Through additional messaging, we also
hope to engage Americans of all ages
and backgrounds who may not have
traditionally realized the benefits of
wetland conservation.
Revised Proposed Changes to the
Regulations at 50 CFR Part 91
On February 11, 2016, we published
a proposed rule (81 FR 7279) to revise
the regulations at 50 CFR part 91
governing the annual Federal Duck
Stamp Contest. Specifically, we
proposed to update our contact
information; update common names and
spelling of species on our list of contest
design subjects; correct minor grammar
errors; and specify the requirement to
include a second, appropriate, migratory
bird species in the artwork design
beginning with the 2016 contest. We did
not make that rule final. Now, with this
document, we are revising that
proposed rule.
Retained Provisions of the February 11,
2016, Proposed Rule
As set forth in the February 11, 2016,
proposed rule (81 FR 7279), we
continue to propose to:
• Update §§ 91.1(b) and 91.11 to
provide current and accurate contact
information for the Service’s Duck
Stamp Office.
• Update the scientific and common
names on our list at § 91.4 of species
that are potential contest design subjects
to ensure that list contains names
currently accepted by the American
Ornithological Society (AOS) https://
www.americanornithology.org/; see also
the AOS Checklist at https://
checklist.aou.org/taxa/; this checklist is
our standard reference on taxonomy,
nomenclature, and capitalization). Some
of the names differ in this revised
proposed rule from those set forth in our
February 11, 2016, proposed rule. Those
differences are explained in Revised
Provisions, below.
• Correct minor grammar errors in
our regulations at 50 CFR part 91.
For the proposed text of §§ 91.1(b),
91.4, and 91.11, refer to our February
11, 2016, proposed rule (81 FR 7279).
Revised Provisions
The revisions to our February 11,
2016, proposed rule contained in this
document consist of:
• Further updates to the scientific
names of species on our list at § 91.4;
• Updates to recognize technological
advances in stamp design and printing;
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• Addition of judging and subject
matter regulations to require that each
depiction illustrates the theme
‘‘celebrating our waterfowl hunting
heritage’’ for the 2018 contest.
Further Updates to Species’ Scientific
Names
Section 91.4 contains our list of
eligible waterfowl species. For each
year’s contest, we choose five or fewer
species from the list; one or more of
those species (or a combination thereof;
see § 91.14) are the only acceptable
subjects for entries during that contest
year. We announce each year’s eligible
species on our Web site and in an
annual contest brochure. Our list at
§ 91.4 contains scientific and common
names accepted by the AOS.
Since we last revised our regulations,
and again since we published our
proposed rule on February 11, 2016, the
AOS has changed the listing order
among species and updated several
species names. The further updates
contained in this revised proposed rule
are to two categories: (1) Geese, and (2)
dabbling ducks. For geese, the revised
proposed changes would correct the
genus name of Emperor, Snow, and
Ross’s geese to Anser, so that they
would read, ‘‘Emperor Goose (Anser
canagicus),’’ ‘‘Snow Goose (Anser
caerulescens),’’ and ‘‘Ross’s Goose
(Anser rossii),’’ respectively.
For dabbling ducks, the revised
proposed changes would correct the
genus name of Blue-winged and
Cinnamon teal and Northern Shoveler to
Spatula, so that they would read, ‘‘Bluewinged Teal (Spatula discors),’’
‘‘Cinnamon Teal (Spatula cyanoptera),’’
and ‘‘Northern Shoveler (Spatula
clypeata),’’ respectively. We would also
correct the genus name of Gadwall and
American Wigeon to Mareca, so that the
entries read, ‘‘Gadwall (Mareca
strepera)’’ and ‘‘American Wigeon
(Mareca americana).’’
We propose these further changes to
our list at § 91.4 to reflect the most
current scientific names of eligible
waterfowl species.
Updating Technological Advances in
Stamp Design and Printing
Currently both § 91.15 and § 91.23
contain regulations and references to a
stamp production process that is no
longer used. We propose to remove
these outdated statements to reflect
current technology in this revised
proposed rule.
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
Depicting the Theme ‘‘Celebrating our
Waterfowl Hunting Heritage’’ in 2018
Artwork Entries
Current § 91.14 explains that a live
portrayal of any bird(s) of the five or
fewer identified eligible waterfowl
species must be the dominant feature of
the design, but that the design may
depict other appropriate elements such
as hunting dogs, as long as an eligible
waterfowl species is in the foreground
and clearly the focus of attention. In this
revised proposed rule, we propose that,
for 2018, contest entries must include
one or more elements that reflect the
theme ‘‘celebrating our waterfowl
hunting heritage.’’
Section 91.21(b) outlines the
qualification of the judging panel. We
also propose that, for 2018, all selected
contest judges must have an
understanding and appreciation of the
waterfowl hunting heritage and be able
to recognize scenery or objects related to
waterfowl hunting.
Finally, § 91.23 sets forth the scoring
criteria for the contest. We propose to
specify that, for 2018, entries will also
be judged on how well they illustrate
the theme of ‘‘celebrating our waterfowl
hunting heritage.’’
The proposed changes to the
regulations concerning the theme of
‘‘celebrating our waterfowl hunting
heritage’’ would be in effect only for the
2018 contest.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Public Comments Procedures
To ensure that any final action
resulting from this proposed rule will be
as accurate and as effective as possible,
we request that you send relevant
information for our consideration. We
will accept public comments we receive
on or before the date listed above in
DATES. We are striving to ensure that
any amendments to the regulations
resulting from our February 11, 2016,
proposed rule (81 FR 7279) and this
revised proposed rule would be in effect
with sufficient time for artists to prepare
submissions by the June opening of the
2018 contest. The comments that will be
most useful are those that you support
by quantitative information or studies
and those that include citations to, and
analyses of, the applicable laws and
regulations. Please make your comments
as specific as possible and explain the
basis for them. In addition, please
include sufficient information with your
comments to allow us to authenticate
any scientific or commercial data you
include.
You must submit your comments and
materials concerning this proposed rule
by one of the methods listed above in
ADDRESSES. We will not accept
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comments sent by email or fax or to an
address not listed in ADDRESSES. If you
submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information, such as your
address, telephone number, or email
address—will be posted on the Web site.
Please note that comments submitted to
this Web site are not immediately
viewable. When you submit a comment,
the system receives it immediately.
However, the comment will not be
publically viewable until we post it,
which might not occur until several
days after submission.
If you mail or hand-carry a hardcopy
comment directly to us that includes
personal information, you may request
at the top of your document that we
withhold this information from public
review. However, we cannot guarantee
that we will be able to do so. To ensure
that the electronic docket for this
rulemaking is complete and all
comments we receive are publicly
available, we will post all hardcopy
comments on https://
www.regulations.gov.
In addition, comments and materials
we receive, as well as supporting
documentation used in preparing this
proposed rule, will be available for
public inspection in two ways:
(1) You can view them on https://
www.regulations.gov. In the Search box,
enter FWS–HQ–MB–2015–0161, which
is the docket number for this
rulemaking. Then, in the Search panel
on the left side of the screen, select the
type of documents you want to view
under the Document Type heading.
(2) You can make an appointment,
during normal business hours, to view
the comments and materials in person
by contacting the person listed above
under FOR FURTHER INFORMATION
CONTACT.
Public Availability of Comments
As stated above in more detail, before
including your address, phone number,
email address or other personal
identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publically available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Required Determinations
For this revised proposed rule, we
affirm the following required
determinations provided in our
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February 11, 2016, proposed rule (81 FR
7279):
• Regulatory Planning and Review
(Executive Orders 12866 and 13563);
• Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2));
• Federalism (Executive Order
13132);
• Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.);
• Takings (Executive Order 12630);
• Civil Justice Reform (Executive
Order 12988);
• Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.);
• National Environmental Policy Act
(42 U.S.C. 4321 et seq.);
• Government-to-Government
Relationship with Tribes (Executive
Order 13175); and
• Energy Supply, Distribution, or Use
(Executive Order 13211).
We provide new required
determinations as follows:
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever a Federal
agency is required to publish a notice of
rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis that describes the
effect of the rule on small entities (i.e.,
small businesses, small organizations,
and small government jurisdictions) (5
U.S.C. 601 et seq.). However, no
regulatory flexibility analysis is required
if the head of an agency certifies that the
rule would not have a significant
economic impact on a substantial
number of small entities. Thus, for a
regulatory flexibility analysis to be
required, impacts must exceed a
threshold for ‘‘significant impact’’ and a
threshold for a ‘‘substantial number of
small entities.’’ See 5 U.S.C. 605(b).
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities. The changes we propose are
intended primarily to clarify the
requirements for the contest. These
changes would affect individuals, not
businesses or other small entities as
defined in the Regulatory Flexibility
Act.
We therefore certify that, if adopted,
this rule would not have a significant
economic effect on a substantial number
of small entities as defined under the
Regulatory Flexibility Act. A Regulatory
Flexibility Analysis is not required.
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
Accordingly, a Small Entity Compliance
Guide is not required.
Executive Order 13771
This rule is not an Executive Order
(E.O.) 13771 (82 FR 9339, February 3,
2017) regulatory action because this rule
is not significant under E.O. 12866.
Clarity of This Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the
preamble, we propose to further amend
50 CFR part 91, as proposed to be
amended at 81 FR 7279 (February 11,
2016), as set forth below:
PART 91—MIGRATORY BIRD
HUNTING AND CONSERVATION
STAMP CONTEST
1. The authority citation for part 91
continues to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31
U.S.C. 9701.
2. Amend § 91.4 by revising
paragraphs (b) and (d) to read as
follows:
■
jstallworth on DSKBBY8HB2PROD with PROPOSALS
§ 91.4
Eligible species.
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(b) Geese.
(1) Emperor Goose (Anser canagicus)
(2) Snow Goose (including ‘‘white’’ and
‘‘blue’’ morphs) (Anser caerulescens)
(3) Ross’s Goose (Anser rossii)
(4) Greater White-fronted Goose (Anser
albifrons)
(5) Brant (Branta bernicla)
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(6) Cackling Goose (Branta hutchinsii)
(7) Canada Goose (Branta canadensis)
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(d) Dabbling Ducks.
(1) Wood Duck (Aix sponsa)
(2) Blue-winged Teal (Spatula discors)
(3) Cinnamon Teal (Spatula cyanoptera)
(4) Northern Shoveler (Spatula clypeata)
(5) Gadwall (Mareca strepera)
(6) American Wigeon (Mareca
americana)
(7) Mallard (Anas platyrhynchos)
(8) American Black Duck (Anas
rubripes)
(9) Mottled Duck (Anas fulvigula)
(10) Northern Pintail (Anas acuta)
(11) Green-winged Teal (Anas crecca)
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■ 3. Revise § 91.14 to read as follows:
§ 91.15
§ 91.14
entry.
§ 91.23
Restrictions on subject matter for
(a) A live portrayal of any bird(s) of
the five or fewer identified eligible
waterfowl species must be the dominant
feature of the design. The design may
depict more than one of the eligible
species. The judges’ overall mandate is
to select the best design that will make
an interesting, useful, and attractive
duck stamp that will be accepted and
prized by hunters, stamp collectors,
conservationists, and others. The design
must be the contestant’s original handdrawn creation. The entry design may
not be copied or duplicated from
previously published art, including
photographs, or from images in any
format published on the Internet.
Photographs, computer-generated art, or
art produced from a computer printer or
other computer/mechanical output
device (airbrush method excepted) are
not eligible to be entered into the
contest and will be disqualified. An
entry submitted in a prior contest that
was not selected for a Federal or State
stamp design may be submitted in the
current contest if the entry meets the
criteria set forth in this section.
(b) The 2018 Contest. In addition to
the restrictions set forth in paragraph
(a), in 2018 only, designs will also be
required to include appropriate huntingrelated accessories and/or scenes
celebrating the Federal Duck Stamp’s
long-standing connection as part of our
Nation’s waterfowl hunting heritage and
the contributions to conservation made
by waterfowl hunters. Designs may
include, but are not limited to, hunting
dogs, hunting scenes, hunting
equipment, waterfowl decoys, managed
waterfowl areas as the background of
habitat scenes, or other designs that
represent our waterfowl hunting
heritage. The design chosen will clearly
meet the theme of ‘‘celebrating our
hunting heritage.’’
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[Removed and Reserved]
4. Remove and reserve § 91.15.
5. In § 91.21, designate the text in
paragraph (b) after the paragraph header
as paragraph (b)(1) and add paragraph
(b)(2) to read as follows:
■
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§ 91.21 Selection and qualification of
contest judges.
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*
*
(b) Qualifications. (1) * * *
(2) The 2018 Contest. In 2018 only, it
will also be mandatory that all selected
judges have an understanding and
appreciation of the waterfowl hunting
heritage and be able to recognize
waterfowl hunting paraphernalia.
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■ 6. Revise § 91.23 to read as follows:
Scoring criteria for contest.
(a) Entries will be judged on the basis
of anatomical accuracy, artistic
composition, and suitability for
reduction in the production of a stamp.
(b) The 2018 Contest. In 2018 only,
entries will also be judged on how well
they illustrate the theme of ‘‘celebrating
our hunting heritage.’’
Dated: November 8, 2017.
Jason Larrabee,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2017–25661 Filed 11–27–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170901861–7861–01]
RIN 0648–BH08
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Biennial Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
annual harvest specifications and
management measures to establish the
allowable catch levels for Pacific
mackerel in the U.S. exclusive economic
zone (EEZ) off the West Coast
(California, Oregon and Washington) for
the fishing years 2017–2018 and 2018–
2019. This rule is proposed pursuant to
the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). The
proposed harvest guideline (HG) and
SUMMARY:
E:\FR\FM\28NOP1.SGM
28NOP1
Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56201-56204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25661]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
[Docket No. FWS-HQ-MB-2015-0161; FXMB12330900000//189//FF09M13200]
RIN 1018-BB23
Revision of Federal Migratory Bird Hunting and Conservation Stamp
(Duck Stamp) Contest Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), are revising our
previous proposal to revise regulations governing the annual Migratory
Bird Hunting and Conservation Stamp Contest (also known as the Federal
Duck Stamp Contest (contest)). The proposals in this document are
revisions to our February 11, 2016, proposed rule and consist of
further updates to the scientific names of species on our list of
contest design subjects, updates to recognize technological advances in
stamp design and printing, and proposed requirements specific to the
2018 contest.
DATES: We will accept comments that we receive on or before December
28, 2017. Please note that if you are using the Federal eRulemaking
Portal (see ADDRESSES, below), the deadline for submitting an
electronic comment is 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search box, enter FWS-HQ-MB-2015-
0161, which is the docket number for this proposed rule. Then, in the
Search panel on the left side of the screen, under the Document Type
heading, click on the Proposed Rules link to locate this document. You
may submit a comment by clicking on ``Comment Now!'' Please ensure that
you have found the correct rulemaking before submitting your comment.
By hard copy: Submit by U.S. mail or hand delivery to:
Public Comments Processing, Attn: FWS-HQ-MB-2015-0161; Division of
Policy, Performance, and Management Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comment Procedures and Public Availability of Comments
under SUPPLEMENTARY INFORMATION for more information).
FOR FURTHER INFORMATION CONTACT: Suzanne Fellows, (703) 358-2145,
suzanne_fellows@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
History of the Federal Migratory Bird Hunting and Conservation Stamp
(Duck Stamp) Program
On March 16, 1934, Congress passed, and President Franklin D.
Roosevelt signed, the Migratory Bird Hunting Stamp Act. Popularly known
as the Duck Stamp Act, it required all waterfowl hunters 16 years or
older to buy a stamp annually. The revenue generated was originally
earmarked for the Department of Agriculture, but 5 years later was
transferred to the Department of the Interior and the Service.
In the years since its enactment, the Federal Duck Stamp Program
has become one of the most popular and successful conservation programs
ever initiated. Today, some 1.8 million stamps are sold each year, and
as of 2017, Federal Duck Stamps have generated more than $1 billion for
the preservation of more than 6 million acres of waterfowl habitat in
the United States. Numerous other birds, mammals, fish, reptiles, and
amphibians have similarly prospered because of habitat protection made
possible by the program. An estimated one-third of the Nation's
endangered and threatened species find food or shelter in refuges
preserved by Duck Stamp funds. Moreover, the protected wetlands help
dissipate storms, purify water supplies, store flood water, and nourish
fish hatchlings important for sport and commercial fishermen.
History of the Duck Stamp Contest
The first Federal Duck Stamp was designed at President Roosevelt's
request by Jay N. ``Ding'' Darling, a nationally known political
cartoonist for the Des Moines Register and a noted hunter and wildlife
conservationist. In subsequent years, noted wildlife artists were asked
to submit designs. The first
[[Page 56202]]
Federal Duck Stamp Contest was opened in 1949 to any U.S. artist who
wished to enter, and 65 artists submitted a total of 88 design entries.
Since then, the contest has attracted large numbers of entrants, and it
remains the only art competition of its kind sponsored by the U.S.
Government. The Secretary of the Interior appoints a panel of noted
art, waterfowl, and philatelic authorities to select each year's
winning design. Winners receive no compensation for the work, except a
pane of their stamps, but winners may sell prints of their designs,
which are sought by hunters, conservationists, and art collectors.
Theme of 2019-2020 Stamp
Throughout the history of the Federal Duck Stamp, there has been an
effort to increase its messaging capabilities. For example, in 1959,
the theme of the contest was ``Retrievers Save Game,'' and artists were
required to produce a design which illustrated this theme. The
resulting 1959-1960 stamp, the ``King Buck,'' featuring a black
Labrador Retriever and a mallard, is arguably among the most
identifiable Federal Duck Stamps. With the introduction of the 1998-
1999 pressure-sensitive adhesive stamp, the Service developed a dollar-
bill sized stamp carrier which provided additional area for visual and
verbal messages. Additional opportunities exist for messages on the
back of the stamp as well as on the appreciation certificates that are
available to customers interested in the Duck Stamp Program.
To address Executive Order 13443 (Facilitation of Hunting Heritage
and Wildlife Conservation; 72 FR 46537, August 20, 2007) and Department
of the Interior Secretary's Order 3356 (Hunting, Fishing, Recreational
Shooting, and Wildlife Conservation Opportunities and Coordination with
States, Tribes, and Territories; September 15, 2017), the theme of the
2019-2020 stamp and accompanying certificate of appreciation will be
``celebrating our waterfowl hunting heritage.'' This will provide
visual and verbal recognition to the contributions waterfowl hunters
make to habitat conservation. As the only ones required to purchase a
Federal Duck Stamp, waterfowl hunters have been the primary supporters
of the Federal Duck Stamp program and have enabled the purchase of
wetland habitats that support both hunted and nonhunted species, assist
in flood control and water purification, and provide communities with
an economic stimulus. By celebrating our waterfowl hunting heritage and
showing hunters in a positive light as active wildlife conservationists
on the 2019-2020 stamp, we will celebrate their contributions to
providing public lands and robust wildlife populations. Through
additional messaging, we also hope to engage Americans of all ages and
backgrounds who may not have traditionally realized the benefits of
wetland conservation.
Revised Proposed Changes to the Regulations at 50 CFR Part 91
On February 11, 2016, we published a proposed rule (81 FR 7279) to
revise the regulations at 50 CFR part 91 governing the annual Federal
Duck Stamp Contest. Specifically, we proposed to update our contact
information; update common names and spelling of species on our list of
contest design subjects; correct minor grammar errors; and specify the
requirement to include a second, appropriate, migratory bird species in
the artwork design beginning with the 2016 contest. We did not make
that rule final. Now, with this document, we are revising that proposed
rule.
Retained Provisions of the February 11, 2016, Proposed Rule
As set forth in the February 11, 2016, proposed rule (81 FR 7279),
we continue to propose to:
Update Sec. Sec. 91.1(b) and 91.11 to provide current and
accurate contact information for the Service's Duck Stamp Office.
Update the scientific and common names on our list at
Sec. 91.4 of species that are potential contest design subjects to
ensure that list contains names currently accepted by the American
Ornithological Society (AOS) https://www.americanornithology.org/; see
also the AOS Checklist at https://checklist.aou.org/taxa/; this
checklist is our standard reference on taxonomy, nomenclature, and
capitalization). Some of the names differ in this revised proposed rule
from those set forth in our February 11, 2016, proposed rule. Those
differences are explained in Revised Provisions, below.
Correct minor grammar errors in our regulations at 50 CFR
part 91.
For the proposed text of Sec. Sec. 91.1(b), 91.4, and 91.11, refer
to our February 11, 2016, proposed rule (81 FR 7279).
Revised Provisions
The revisions to our February 11, 2016, proposed rule contained in
this document consist of:
Further updates to the scientific names of species on our
list at Sec. 91.4;
Updates to recognize technological advances in stamp
design and printing;
Addition of judging and subject matter regulations to
require that each depiction illustrates the theme ``celebrating our
waterfowl hunting heritage'' for the 2018 contest.
Further Updates to Species' Scientific Names
Section 91.4 contains our list of eligible waterfowl species. For
each year's contest, we choose five or fewer species from the list; one
or more of those species (or a combination thereof; see Sec. 91.14)
are the only acceptable subjects for entries during that contest year.
We announce each year's eligible species on our Web site and in an
annual contest brochure. Our list at Sec. 91.4 contains scientific and
common names accepted by the AOS.
Since we last revised our regulations, and again since we published
our proposed rule on February 11, 2016, the AOS has changed the listing
order among species and updated several species names. The further
updates contained in this revised proposed rule are to two categories:
(1) Geese, and (2) dabbling ducks. For geese, the revised proposed
changes would correct the genus name of Emperor, Snow, and Ross's geese
to Anser, so that they would read, ``Emperor Goose (Anser canagicus),''
``Snow Goose (Anser caerulescens),'' and ``Ross's Goose (Anser
rossii),'' respectively.
For dabbling ducks, the revised proposed changes would correct the
genus name of Blue-winged and Cinnamon teal and Northern Shoveler to
Spatula, so that they would read, ``Blue-winged Teal (Spatula
discors),'' ``Cinnamon Teal (Spatula cyanoptera),'' and ``Northern
Shoveler (Spatula clypeata),'' respectively. We would also correct the
genus name of Gadwall and American Wigeon to Mareca, so that the
entries read, ``Gadwall (Mareca strepera)'' and ``American Wigeon
(Mareca americana).''
We propose these further changes to our list at Sec. 91.4 to
reflect the most current scientific names of eligible waterfowl
species.
Updating Technological Advances in Stamp Design and Printing
Currently both Sec. 91.15 and Sec. 91.23 contain regulations and
references to a stamp production process that is no longer used. We
propose to remove these outdated statements to reflect current
technology in this revised proposed rule.
[[Page 56203]]
Depicting the Theme ``Celebrating our Waterfowl Hunting Heritage'' in
2018 Artwork Entries
Current Sec. 91.14 explains that a live portrayal of any bird(s)
of the five or fewer identified eligible waterfowl species must be the
dominant feature of the design, but that the design may depict other
appropriate elements such as hunting dogs, as long as an eligible
waterfowl species is in the foreground and clearly the focus of
attention. In this revised proposed rule, we propose that, for 2018,
contest entries must include one or more elements that reflect the
theme ``celebrating our waterfowl hunting heritage.''
Section 91.21(b) outlines the qualification of the judging panel.
We also propose that, for 2018, all selected contest judges must have
an understanding and appreciation of the waterfowl hunting heritage and
be able to recognize scenery or objects related to waterfowl hunting.
Finally, Sec. 91.23 sets forth the scoring criteria for the
contest. We propose to specify that, for 2018, entries will also be
judged on how well they illustrate the theme of ``celebrating our
waterfowl hunting heritage.''
The proposed changes to the regulations concerning the theme of
``celebrating our waterfowl hunting heritage'' would be in effect only
for the 2018 contest.
Public Comments Procedures
To ensure that any final action resulting from this proposed rule
will be as accurate and as effective as possible, we request that you
send relevant information for our consideration. We will accept public
comments we receive on or before the date listed above in DATES. We are
striving to ensure that any amendments to the regulations resulting
from our February 11, 2016, proposed rule (81 FR 7279) and this revised
proposed rule would be in effect with sufficient time for artists to
prepare submissions by the June opening of the 2018 contest. The
comments that will be most useful are those that you support by
quantitative information or studies and those that include citations
to, and analyses of, the applicable laws and regulations. Please make
your comments as specific as possible and explain the basis for them.
In addition, please include sufficient information with your comments
to allow us to authenticate any scientific or commercial data you
include.
You must submit your comments and materials concerning this
proposed rule by one of the methods listed above in ADDRESSES. We will
not accept comments sent by email or fax or to an address not listed in
ADDRESSES. If you submit a comment via https://www.regulations.gov, your
entire comment--including any personal identifying information, such as
your address, telephone number, or email address--will be posted on the
Web site. Please note that comments submitted to this Web site are not
immediately viewable. When you submit a comment, the system receives it
immediately. However, the comment will not be publically viewable until
we post it, which might not occur until several days after submission.
If you mail or hand-carry a hardcopy comment directly to us that
includes personal information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. To ensure that the
electronic docket for this rulemaking is complete and all comments we
receive are publicly available, we will post all hardcopy comments on
https://www.regulations.gov.
In addition, comments and materials we receive, as well as
supporting documentation used in preparing this proposed rule, will be
available for public inspection in two ways:
(1) You can view them on https://www.regulations.gov. In the Search
box, enter FWS-HQ-MB-2015-0161, which is the docket number for this
rulemaking. Then, in the Search panel on the left side of the screen,
select the type of documents you want to view under the Document Type
heading.
(2) You can make an appointment, during normal business hours, to
view the comments and materials in person by contacting the person
listed above under FOR FURTHER INFORMATION CONTACT.
Public Availability of Comments
As stated above in more detail, before including your address,
phone number, email address or other personal identifying information
in your comment, you should be aware that your entire comment,
including your personal identifying information, may be made publically
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Required Determinations
For this revised proposed rule, we affirm the following required
determinations provided in our February 11, 2016, proposed rule (81 FR
7279):
Regulatory Planning and Review (Executive Orders 12866 and
13563);
Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2));
Federalism (Executive Order 13132);
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.);
Takings (Executive Order 12630);
Civil Justice Reform (Executive Order 12988);
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
National Environmental Policy Act (42 U.S.C. 4321 et
seq.);
Government-to-Government Relationship with Tribes
(Executive Order 13175); and
Energy Supply, Distribution, or Use (Executive Order
13211).
We provide new required determinations as follows:
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996),
whenever a Federal agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions) (5 U.S.C. 601 et
seq.). However, no regulatory flexibility analysis is required if the
head of an agency certifies that the rule would not have a significant
economic impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities. The changes we propose are intended primarily to
clarify the requirements for the contest. These changes would affect
individuals, not businesses or other small entities as defined in the
Regulatory Flexibility Act.
We therefore certify that, if adopted, this rule would not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act. A Regulatory
Flexibility Analysis is not required.
[[Page 56204]]
Accordingly, a Small Entity Compliance Guide is not required.
Executive Order 13771
This rule is not an Executive Order (E.O.) 13771 (82 FR 9339,
February 3, 2017) regulatory action because this rule is not
significant under E.O. 12866.
Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the preamble, we propose to further amend
50 CFR part 91, as proposed to be amended at 81 FR 7279 (February 11,
2016), as set forth below:
PART 91--MIGRATORY BIRD HUNTING AND CONSERVATION STAMP CONTEST
0
1. The authority citation for part 91 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701.
0
2. Amend Sec. 91.4 by revising paragraphs (b) and (d) to read as
follows:
Sec. 91.4 Eligible species.
* * * * *
(b) Geese.
(1) Emperor Goose (Anser canagicus)
(2) Snow Goose (including ``white'' and ``blue'' morphs) (Anser
caerulescens)
(3) Ross's Goose (Anser rossii)
(4) Greater White-fronted Goose (Anser albifrons)
(5) Brant (Branta bernicla)
(6) Cackling Goose (Branta hutchinsii)
(7) Canada Goose (Branta canadensis)
* * * * *
(d) Dabbling Ducks.
(1) Wood Duck (Aix sponsa)
(2) Blue-winged Teal (Spatula discors)
(3) Cinnamon Teal (Spatula cyanoptera)
(4) Northern Shoveler (Spatula clypeata)
(5) Gadwall (Mareca strepera)
(6) American Wigeon (Mareca americana)
(7) Mallard (Anas platyrhynchos)
(8) American Black Duck (Anas rubripes)
(9) Mottled Duck (Anas fulvigula)
(10) Northern Pintail (Anas acuta)
(11) Green-winged Teal (Anas crecca)
* * * * *
0
3. Revise Sec. 91.14 to read as follows:
Sec. 91.14 Restrictions on subject matter for entry.
(a) A live portrayal of any bird(s) of the five or fewer identified
eligible waterfowl species must be the dominant feature of the design.
The design may depict more than one of the eligible species. The
judges' overall mandate is to select the best design that will make an
interesting, useful, and attractive duck stamp that will be accepted
and prized by hunters, stamp collectors, conservationists, and others.
The design must be the contestant's original hand-drawn creation. The
entry design may not be copied or duplicated from previously published
art, including photographs, or from images in any format published on
the Internet. Photographs, computer-generated art, or art produced from
a computer printer or other computer/mechanical output device (airbrush
method excepted) are not eligible to be entered into the contest and
will be disqualified. An entry submitted in a prior contest that was
not selected for a Federal or State stamp design may be submitted in
the current contest if the entry meets the criteria set forth in this
section.
(b) The 2018 Contest. In addition to the restrictions set forth in
paragraph (a), in 2018 only, designs will also be required to include
appropriate hunting-related accessories and/or scenes celebrating the
Federal Duck Stamp's long-standing connection as part of our Nation's
waterfowl hunting heritage and the contributions to conservation made
by waterfowl hunters. Designs may include, but are not limited to,
hunting dogs, hunting scenes, hunting equipment, waterfowl decoys,
managed waterfowl areas as the background of habitat scenes, or other
designs that represent our waterfowl hunting heritage. The design
chosen will clearly meet the theme of ``celebrating our hunting
heritage.''
Sec. 91.15 [Removed and Reserved]
0
4. Remove and reserve Sec. 91.15.
0
5. In Sec. 91.21, designate the text in paragraph (b) after the
paragraph header as paragraph (b)(1) and add paragraph (b)(2) to read
as follows:
Sec. 91.21 Selection and qualification of contest judges.
* * * * *
(b) Qualifications. (1) * * *
(2) The 2018 Contest. In 2018 only, it will also be mandatory that
all selected judges have an understanding and appreciation of the
waterfowl hunting heritage and be able to recognize waterfowl hunting
paraphernalia.
* * * * *
0
6. Revise Sec. 91.23 to read as follows:
Sec. 91.23 Scoring criteria for contest.
(a) Entries will be judged on the basis of anatomical accuracy,
artistic composition, and suitability for reduction in the production
of a stamp.
(b) The 2018 Contest. In 2018 only, entries will also be judged on
how well they illustrate the theme of ``celebrating our hunting
heritage.''
Dated: November 8, 2017.
Jason Larrabee,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-25661 Filed 11-27-17; 8:45 am]
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